The Federal Graveyard of Whistleblower Cases

A new column in Legal Times underscores why Congress should finish up its bill on whistleblower protections. Legislation has passed in the House and Senate, but now needs to be reconciled before being sent to President Bush, who has already threatened a veto.

The article highlights why so many whistleblower lawsuits are doomed to die a slow and painful death. After taking their claims before administrative judges at the Merit Systems Protection Board (MSPB), where they almost never win their cases, whistleblowers are often forced to appeal to the U.S. Circuit Court of Appeals for the Federal Circuit. That is exactly what happened to the former Chief of the U.S. Park Police, Teresa Chambers, who appealed her case to the Federal Circuit following a ridiculous ruling by MSBP which denied Chambers whistleblower protections. Her case illustrates how patriotic truth-tellers can end up in a never-ending churn of legal contortions. Chambers was notified she would be removed from her position in December 2003, and today, in early 2008, there is still no legal resolution in her case. Although she prevailed before the Federal Circuit, her "reward" is that she is now forced to go back to the incompetent MSPB for yet another hearing of her case.

Carol Czarkowski was another whistleblower who prevailed before the Federal Circuit (the decision in her case came in November 2004). It took Czarkowski eight years to reach a settlement with the Navy, her former employee, after they repeatedly attempted to legally stonewall her.

Still, the track record of the Federal Circuit is the leading reason why whistleblowers are denied justice. According to attorneys Debra Katz and Nicole Williams of Katz, Marshall and Banks, who write about Chambers' case in Legal Times:

Out of the 186 whistle-blower cases that came before it [the Federal Circuit] from October 1994 to Feb. 14, 2008, this employee victory was only the third time that the court ruled for the whistle-blower.

The recently passed whistleblower legislation, which still needs to be finalized by Congress, would end the stranglehold that the Federal Circuit has on these cases by allowing whistleblowers to appeal to any of the relevant U.S. District Courts, as is done for other kinds of government employee litigation. Without this legislative provision, it is not an understatement to say that efforts to improve whistleblower protections would be useless.

-- Beth Daley

Comments

[Axel]

Dear Readers, 5/1/2008

As you may correctly surmise I have not read or followed the recent postings of GAP, POGO and trhe NWC in almost several months. I am writing at this time in a general response to this Article with its apparent intentions from my view of good faith and with the hope of like and kind intentions to follow with this current Whistleblower legislation(s?) and/or implied resolves therof + and/or = [decades (thereof)].

Please note that I continue to remain firm on my views, resolves and especially those of which I have responded to on this POGO website for over three years. Also, please note that I continue to share in the sadness with those who would appear to agree with me and especially in my many mentions of our Executive, Judicial and Legislative deliberate complete faliure and/or most likely heniously corrupt and intentional deliberate manner more compliant with high crimes and mideamoners than to act in a manner more appropriate with true and proper interpretation of our Laws and Democracy with Life, Liberty and the Pursuit of Happiness for all and with the best possible respect and regard to and for God, Man and Country.

Also, please not that even though I have a high regard and appreciation for these excellent and superlative Organizations of the NWC, GAP and POGO, I remain perplexed at best and saddened that these Organizations and others have not taken a seemingly more appropriate acknowledgement for my efforts and especially as my writings and allegations are in my opinion reasonable and as would be presumed by a reasonable person and in my opinion and as that of others and all recocognized Democratic Nations.

In closing, I share in all the intent of best wishes within these NWC, GAP and POGO Organizations and hope they will continue with the exercise of the intent to proper resolves, reconciliations and judgement where applicable and give a renewed and/or additiional effort to more notably communicate with me and especially in my efforts in a more Representative manner that in my opinion that I correctly presume is needed and would be expected by a reasonable person and all as I have for years and decades, as available in a limited manner previously described.

Thank you and all for your time and consideration.

Sincerely,
Axel

[C Yee]

I'm with you on this one. I've run several articles highlighting the same issue.

• On Remand — MSPB — Are We Winning Yet?
  
• Remanding Chambers: An Academic Exercise? Let’s Hope Not
  

I have mixed emotions about telling people that whistleblowers have won. In both of these cases, all they "won" is the right to go back and start the legal process all over again.