New Hope for Government Whistleblowers?

Efforts to improve protections for government whistleblowers failed miserably in this session of Congress, in no small part because of active opposition by the Department of Justice and the White House to proposed legislation.  Will the incoming Obama Administration bring a new approach to whistleblowers?  One can only hope so, particularly given the numerous public statements by leading Obama insiders and advisers.  Were those statements simply rhetoric aimed at scoring points against the Bush Administration, or were they a more meaningful expression of the desire for honest and accountable government?

Time will tell.  However, past experience has shown that Democrats are no better at protecting government whistleblowers than their Republican counterparts once they are in charge of government.  Similar to the Bush White House, President Clinton threatened to veto legislation to strengthen whistleblower protections in the 1990's.

In order to stay true to whistleblowers, the Obama Administration will need to repudiate the long-standing hostile position of the Department of Justice (DOJ) toward whistleblowers.  If they do so, the Obama Administration truly will be living up to its promise to change the way Washington works.  DOJ's opposition to whistleblowing stems in part from an overly aggressive interpretation of Executive Branch powers, and in part from its role as the lawyers who represent government agencies when they are sued by whistleblowers.  DOJ is all too happy to have the almost 100% win record they currently have with whistleblower cases.  However, their interest in winning has for too long overruled the broader public interest in rewarding employees who expose corruption and make the government more accountable to taxpayers and voters.  When whistleblowers are retaliated against, as they have been vociferously in recent years, a clear message is sent to other employees: Keep your mouth shut.

President-elect Obama could also send a strong message of support from the White House.  One idea we've heard circulating is that Obama could issue a presidential decree offering certain federal whistleblowers either the jobs they lost or their equivalent in the federal service.

According to the Associated Press, President-elect Obama helped legally represent whistleblowers when he worked at a civil rights law firm in Chicago:

Obama also wrote a major portion of an appeals brief on behalf of a whistleblower who exposed waste and corruption in a research project involving Cook County Hospital and the Hektoen Institute for Medical Research and alleged that she was fired in retaliation.

The case was settled out of court.  The county agreed to pay the federal government $5 million, part of which went to the whistleblower, Dr. Janet Chandler.  Hektoen agreed to pay $500,000 to the government, plus $170,000 to Chandler for wrongful termination.

Also, incoming White House Chief of Staff Rahm Emmanuel voted for whistleblower protection legislation in this session of Congress, and has repeatedly spoken out in support of whistleblowers including Department of Interior auditor Bobby Maxwell, pharmaceutical industry whistleblower Dr. Peter Rost, and Army Corps of Engineers whistleblower Bunny Greenhouse and others who blew the whistle under the Bush Administration.

"We teach our children to tell the truth.  We should expect the same thing from our public officials.  But in this Administration, the only thing the truth will get you is fired," said Emanuel.

-- Beth Daley

Comments

[Posted on: Dec 07, 2008 at 03:50 PM]

We at Whynotnews.org have been documenting cases of Whistleblowers in and out of the Federal Government, and understand the First Amendment, as the First "Whistleblower Amendment". We need to shine the light of Day into the dark corners of our Government, and feel safe standing up against wrong, and not be retaliated against.

I invite you, kind reader, to come to our site, and see courageous People who have stand up against the Government...
and even win sometimes.

[Posted on: Nov 25, 2008 at 12:13 PM]

Are you a current or former Federal employee who has been or are currently being intimidated, retaliated against, or are experiencing discriminatory practices within the Federal bureaucracy? If so, please contact: nofearcoalition@aol.com .

[Posted on: Nov 19, 2008 at 07:49 PM]

It would appear the additional relevant correct interpretations of the facts would indicate that our US Legislatures have held (allegedly and/or seemingly immorally, illegally and./or unconstitutionally ) S1358 (2003) and HR985 (2007, 2008) FEDERAL EMPLOYEE WHISTLEBLOWER PROTECTION RESTORATION ACT in subterfuge.