Office of Special Counsel Deputy Disses Boss On His Way Out the Door

In an extraordinary swan song, U.S. Office of Special Counsel Deputy Jim Byrne issued a letter to his former boss Scott Bloch last week when he resigned making it clear where the agency's problems lie:

"Upon my departure, I am obligated to note that the mission, independence, and very existence of the Office of Special Counsel are--and shall remain--at risk unless and until this agency is afforded a presidentially appointed, senate confirmed leader who is capable of putting OSC's mission and OSC's people ahead of political agendas and personal vendettas."

News media are starting to report the story. Here is a full copy of the letter.

The departure of Byrne announced last week is yet another sign that the agency is in a downward spiral. Bloch has been the target in recent months of a Grand Jury investigation and an unprecedented raid involving two dozen FBI agents of his home, office, and person.

Today, POGO wrote to White House Chief of Staff Joshua Bolten to urge that the President remove Bloch, or at least put him on administrative leave. POGO cited the inability of the agency to fulfill its mission, the refusal of other agencies to comply with investigations, and concerns about intimidation or interference with staff witnesses who are being supervised by Bloch while also testifying or providing evidence in his case. The full text of that letter can be found below.

-- Beth Daley

July 17, 2008

The Honorable Joshua Bolten
Chief of Staff
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Via facsimile: (202) 456-0192

Dear Mr. Bolten:

I am writing to urge you to remove the U.S. Special Counsel Scott Bloch from his position. Last Friday, the Office of Special Counsel's (OSC) Deputy Jim Byrne resigned. His departure removes a vital barrier protecting the OSC's staff from further retaliation and intimidation by Mr. Bloch and signals a disturbing downward spiral for the agency, which is supposed to protect whistleblowers, prosecute Hatch Act violations, and perform other vital duties.

As you know, Mr. Bloch was subject to an unprecedented FBI raid involving two dozen agents earlier this year. My organization, the Project On Government Oversight ( POGO ), was party to the complaint filed three years ago that resulted in the Office of Personnel Management Inspector General (OPM IG) investigation into Mr. Bloch and now the related FBI investigation.

The Special Counsel has statutory protection from being dismissed from office in order to maintain his independence. However, he can be removed for malfeasance, neglect of duty, or inefficiency. I understand malfeasance and neglect of duty might be somewhat difficult to prove conclusively without the finalized OPM IG investigation. However, two federal judges in Washington, DC, and Virginia approved invasive search warrants, which have high standards of probable cause, indicating a strong belief by the judges that Mr. Bloch not only engaged in misconduct but that he committed a crime. These search warrants were executed to seize information from his office, his home, and his person.

Furthermore, it is quite simple to prove that Mr. Bloch's continued presence in the office is causing gross inefficiency at the OSC. To wit:

• Communications between Mr. Bloch and his staff are seriously impaired given that nearly 20 current and former staff members have been subpoenaed to provide evidence or appear before the Grand Jury considering Mr. Bloch's possible indictment. It is an untenable situation that witnesses continue to be subjected to the supervision of Mr. Bloch while they are being called upon to provide evidence to the Grand Jury concerning his wrongdoing. As previous letters to White House General Counsel Fred Fielding from our attorney Debra Katz have documented, Mr. Bloch and his deputies have repeatedly attempted to interfere and intimidate witnesses involved in the OPM IG's investigation.
• Staff at the agency have expressed concern that Mr. Bloch's private attorney is poised to depose them. This undoubtedly has created a chilling effect on staff who must interact with Mr. Bloch on a daily basis.
• In yet another sign of how the agency is being harmed by Mr. Bloch's leadership, the OSC's reauthorization bill is being held up by Congress because Mr. Bloch remains as Special Counsel. This reauthorization bill is urgently needed to enact long-overdue reforms to the agency.
• Staff at the agency report that their ability to perform many of their duties has been harmed by the shadow cast by Mr. Bloch's leadership. Other agencies are reportedly refusing to respond to OSC inquiries, preventing the OSC from conducting its statutorily required investigations and oversight.

As a result, I am imploring that you recommend to the President that he remove Mr. Bloch from office. At the very least, Mr. Bloch should be put on administrative leave pending the outcome of the investigation and Grand Jury. This is the only fair course of action for the employees of the agency and for the taxpayers who depend on a functioning OSC to ensure that the government is honest and accountable.

Sincerely,

Danielle Brian
Executive Director

cc:  White House Counsel Fred Fielding

Comments

[Bill Hozier]

I would wait after January 20, 2009 to go after Bloch. That way there is no way that Bush pardons Bloch. With all of this Machiavelli manuevers and smokescreens, I would not rule out that there is a backup plan to pardon Bloch.

[Ken Huffman]

Beth,

Seems that Danielle is jumping the gun. How about waiting to read IG McFarland's "investigative report" first. Give the man a reasonable chance to conclude this rigorous three year plus investigation. As POGO well knows, if Mcfarland just had more INDEPENDENCE, he'd have independently and competently generated an actual product by now rather than having to piggyback the work of another agency or praying that the White House will pre-emptively resolve his dilemma. Instead of writing to Bolton, why not send encouragment to this beleaguered and insufficiently INDEPENDENT IG. If POGO can just relax, Mcfarland will eventually get to the bottom of this OSC issue at some time in the near future, perhaps after the next blue moon, or maybe in a coon's age. It's almost been too long to remember what Mcfarland was originally tasked to do. Did OMB want him to find a way to further retalliate against anonymous OSC whistleblowers? Yep, they got the right guy - just be patient POGO.

[James Loy]

All of these Bloch theatrics is being serruptiously orchestrated by this administration in order to add more chaos and obstructions. The administration is waiting out the clock and what better way to distract and delay than to employ these types of public drama demonstrations?

The first 100 days of the next administration will require a lot of house cleaning.