Whistleblowers Tell of Cost of Conscience

By Catherine Rampell
USA Today

Friday 24 November 2006

He knew there were problems. He didn't think he was one of them.

In 2002, decorated FBI Special Agent Mike German was investigating meetings between terrorism suspects. When he discovered other officers had jeopardized the investigation by violating wiretapping regulations, he reported what he found to his supervisors, in accordance with FBI policy.

At the time, Coleen Rowley, the FBI agent who had raised concerns about how the pre-9/11 arrest of al-Qaeda conspirator Zacarias Moussaoui was handled, was being hailed as a national hero. German says he had also just received a mass e-mail from FBI Director Robert Mueller, urging other whistle-blowers to come forward.

"I was assuming he'd protect me," German says.

Instead, German says his accusations were ignored, his reputation ruined and his career obliterated. Although the Justice Department's inspector general confirmed German's allegations that the FBI had "mishandled and mismanaged" the terrorism investigation, he says he was barred from further undercover work and eventually compelled to resign. FBI spokesman Bill Carter declined to comment.

The experience is familiar to other government employees who have blown the whistle on matters of national security since 9/11.

Whistleblower Filings

Since the terrorist attacks on Sept. 11, 2001, the average number of employees filing whistle-blower disclosures with the government has risen 43%, from an average of 376 annually in the four years before the attacks to 537 annually after. The statistics are kept by the Office of the Special Counsel, an independent federal investigative agency that handles whistle-blower cases if employees prefer not to directly confront their bosses about suspicions of wrongdoing.

An increasing number of whistle-blowers allege that rather than being embraced, they're being retaliated against for coming forward.

In the four years before the terrorist attacks, whistle-blowers filed an average of 690 reprisal complaints with the OSC annually. Since the attacks, an average of 835 complaints have been filed each year, a 21% increase.

The number of whistle-blower reprisal complaints is higher than the number of whistle-blower disclosure complaints because employees can file reprisal complaints with the OSC even if they had not previously filed their disclosure with the OSC.

"The sad reality is that rather than learning lessons from 9/11, the government appears to have become more thin-skinned and sensitive," says Tom Devine, legal director of the Government Accountability Project, a non-profit group that offers legal aid to whistle-blowers.

Even advocates have begun to dissuade some government employees from coming forward.

"When I get calls from people thinking of blowing the whistle, I tell them 'Don't do it,' " says William Weaver, a professor at the University of Texas at El Paso and a senior adviser to the National Security whistle-blowers Coalition. "Most of the time they go ahead and do it anyway and end up with their lives destroyed."

Those who come forward often face harassment, investigation, character assassination and firing - not to mention the toll their whistle-blowing takes on their families, Weaver and Devine say.

Lack of Protection

For those who are fired or have their security clearances revoked - tantamount to firing in the intelligence agencies - there is little recourse.

Most national security whistle-blowers are not protected from retaliation by law. That's because the intelligence-gathering agencies are exempted from the 1989 whistle-blower Protection Act, which guarantees investigations into disclosures made by federal employees and protects whistle-blowers from retaliation.

Whistle-blowers employed by these agencies must seek recourse within the same agency they are blowing the whistle on. And even if the investigators within their own agency confirm reprisal allegations, the investigators have no power to remedy the situation.

Devine says the US Court of Appeals for the Federal Circuit has ruled against whistle-blowers in 125 of 127 of the reprisal cases seen by the court since 1994. "They've gutted the law," Devine says, "and it's degenerated into a rubber stamp for retaliation."

Lawmakers recently considered two sets of legislation that would affect whistle-blowers. One attempted to extend the whistle-blower Protection Act to cover intelligence agency employees through amendments to the 2007 Defense Authorization Bill.

In October, a conference committee removed the whistle-blower amendments from the final version of the bill.

The other bill that might affect whistle-blowers stiffens penalties for knowingly leaking classified information to those not authorized to receive it. That bill was introduced by Sen. Kit Bond, R-Mo., in response to recent leaks to the media about national security programs, says Bond's press secretary, Rob Ostrander.

"When classified information is printed in the newspapers, it's not just Americans who read it," Ostrander says. "It's also America's enemies."

Bond's legislation would make prosecuting leakers easier by eliminating the need to prove the disclosure damaged national security. The measure would subject those who leak classified information to a fine and up to three years in prison. It would apply to those who signed a non-disclosure agreement, regardless of their job at the time of the leak.

The bill uses language identical to that in a 2000 bill - dubbed the "Official Secrets Act," after a similar British law - that was vetoed by President Clinton. It has been endorsed by the Association of Intelligence Officers, a 31-year-old group of 4,500 current and former intelligence officers.

Bond's legislation has been referred to the Senate Judiciary Committee. If it does not make it to a floor vote by the end of this session, he will have to resubmit it when the next session begins in January.

The National Security whistle-blowers Coalition, the Government Accountability Project and various media organizations have criticized the legislation and claimed it would deter whistle-blowers from coming forward.

Ostrander says, "There are adequate opportunities for whistle-blowers to contact superiors and the federal inspector general's office or their own representatives" without leaking classified information to outside sources.

National security whistle-blowers who have come forward since 9/11 aren't so sure.

Many had been star employees at the top of the pay scale and had spent decades in civil service before blowing the whistle. The median number of years of government service for National Security whistle-blowers Coalition members is 22 years, says Sibel Edmonds, an FBI whistle-blower who founded the coalition. Edmonds and others worry that fear of committing career suicide may dissuade others from coming forward.

"I'm one of the last people who survived," says Rowley, the former FBI whistle-blower and Time magazine "Person of the Year" who recently lost her bid for a US congressional seat in Minnesota. She says widespread, favorable media coverage saved her FBI career

"But is that the important story here - that one person in the country has been fired or is not being used to their fullest potential?" she asks. "It's the country that's going to suffer from a lack of whistle-blower protections."

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