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Whistleblower Group Asks Plaintiffs Not to Appeal the Fourth Circuit's ACLU v. Holder Decision |
Washington, D.C. April 5, 2011. The National Whistleblowers Center (NWC) today asked the three plaintiffs in the court case ACLU et al. v. Holder not to appeal the decision of the U.S. Court of Appeals for the Fourth Circuit dismissing their challenge to a key provision of the False Claims Act (FCA). The American Civil Liberties Union (ACLU), Government Accountability Project (GAP) and OMB Watch commenced the lawsuit seeking to have the provision of the law that permits whistleblowers to file their cases confidentially declared unconstitutional.
The Department of Justice and other whistleblower protection groups
opposed the lawsuit. The Appeals Court rejected the plaintiffs' claims
on March 28, 2011.
In
a letter sent today to plaintiffs' counsel, the NWC warned that the
challenge to the FCA threatened the right of whistleblowers to file
claims confidentially and could undermine America's "most effective
whistleblower law." The Letter further states:
The FCA seal can act
as a bulwark of a whistleblower's First Amendment protection to speak up
about misconduct of his or her employer while minimizing the chilling
effect of retaliation. Without the added protection of the seal,
individuals who might otherwise come forward with information will
remain silent. If you proceed with your claims in ACLU v. Holder,
you could dry up an important safe harbor for many whistleblowers.
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