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Obama urged to return jobs to whistle-blowers







A coalition of government watchdog organizations has asked President Barack Obama to restore the jobs of some federal employees who were fired or marginalized during the Bush administration.

The groups, led by the Washington-based Government Accountability Project (GAP), are seeking an executive order on behalf of national security whistle-blowers who reported mismanagement and wrongdoing within the federal government.


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  • The "poster children" for the effort are current and former Las Vegas-based federal air marshals who suffered retaliation for questioning agency directives, said Tom Devine, GAP's legal director.

    "An executive order would be a very inspiring precedent," Devine said. "It would help erase all the cynical disillusionment that whistle-blowers feel towards their government."

    A Review-Journal story last year contrasted apparently light punishments given to air marshals who have run afoul of the law with severe discipline handed down to air marshals who filed whistle-blower disclosures about alleged waste, fraud, and abuse.

    The air marshal service has said it has "a policy of zero tolerance for retaliation in the workplace."

    At least four past and present Las Vegas air marshals should be reinstated to their former positions, Devine said. They are on a preliminary list of about 20 names circulating among whistle-blower groups. Others on the list include a former National Security Agency analyst who spoke publicly about wiretaps on American citizens and a former FBI special agent who expressed concern about the adequacy of the bureau's counterterrorism division.

    Robert MacLean, a former Las Vegas air marshal whose name is on the list, lost his job after informing a television reporter of Transportation Security Administration plans to remove agents from long-distance flights in 2003.

    The agency's proposed measure came at a time when the TSA was warning of a heightened risk of terrorist attacks using commercial planes. The plan to cut back security for these flights sparked congressional outrage and was scrapped, but the government fired MacLean, claiming he had revealed sensitive security information.

    He is still appealing his dismissal with a panel called the Merit Systems Protection Board, a quasi-judicial agency that critics say can't appropriately rule on often complex matters.

    "We want to serve the federal government as if we never blew the whistle," said MacLean, who is now unemployed and living in Orange County, Calif. "We don't want would-be whistle-blowers to be afraid to come forward with their concerns."

    In his first days in the White House, Obama signed several executive orders, including one pledging to promote open government by making public information more available.

    Devine said immediate relief for whistle-blowers is something of a long shot, but he hopes the request for an executive order will at least lead to a fact-finding investigation by the new administration's Office of Special Counsel.

    Other groups joining the call for an executive order include the Project on Government Oversight, Public Employees for Environmental Responsibility, and the Bill of Rights Foundation.

    These whistle-blower advocates feel they have a friend in Obama, who late last year spoke of the need to "empower federal employees as watchdogs of wrongdoing and partners in performance." Obama's ethics agenda, which was released last week, includes a commitment to strengthen whistle-blower protection.

    "Starting today, every agency and department should know the administration stands on the side not of those who seek to withhold information, but those who seek to make it known," Obama said last week.

    In a letter sent earlier this month to the Obama administration, the watchdog groups touted the importance of whistle-blowers, "whether the issue is a financial bailout of the banking or auto industry, fraud at a Wall Street firm, prescription drug safety, environmental protection, infrastructure spending, national health care, homeland security, national defense, or foreign policy."

    The Federal Law Enforcement Officers Association also supports the proposed order, said Jon Adler, the group's president.

    "A tourniquet has been placed on the vocal cords of proud men and women who have served in (federal) law enforcement," Adler said. "They should be reinstated and be given all the compensation they lost, so they can resume doing the jobs they love."

    P. Jeffrey Black, a current Las Vegas air marshal whose name has been associated with the proposed executive order, said he filed 16 whistle-blower complaints against the air marshal service between August 2004 and December 2008.

    In 2004, Black testified before the House Judiciary Committee about agency policies he said endangered public safety. Former Las Vegas air marshals Spencer Pickard and Jimmie Bacco were similarly outspoken about concerns including strict dress codes and boarding policies that made air marshals easy to identify. Pickard resigned under pressure, and Bacco was forcibly removed from his job.

    "The Obama administration now has an opportunity to makes things right for those federal air marshals that have sacrificed their careers in order to keep the public safe," Black said.

    Devine said an executive order would help quickly address injustices experienced by whistle-blowers. But he also urged Congress to pass more robust whistle-blower protection laws that would make future executive orders unnecessary.

    In 2007, the House and Senate passed separate bipartisan bills updating the 1994 Whistleblower Protection Act, but a compromise bill wasn't drafted before Congress adjourned last fall.

    "Until that law gets passed, we don't have any other option," he said. "There's no excuse for delay on this."

    Contact reporter Alan Maimon at amaimon @reviewjournal.com or 702-383-0404.

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    Report abuse

    Operation Forbidden Fruit wrote on January 28, 2009 06:14 AM: That's the issue, people are getting swindled daily and the unfortunate fact is that if you are not a player you are an enemy. You will be terminated sooner or later by the the crooks in charge if you don't play by their rules, or by the agency if you report the crime. Doesn't matter what administration is in office. They can't really do much to alter the massive rules guiding OPM. This problem is bigger than flavor of the day politics. GAO should at least have a review board.


    Report abuse

    Clintonite wrote on January 27, 2009 10:33 PM: With all of the Clintonites who got outed by whistleblowers in the 90s and now are surrounding Obama - I seriously doubt these whistleblowers will ever earn another federal penny. If they do come back, they will be tasked with making copies in a basement deep in Alaska.

    Congressmen are also deathly afraid of whistleblowers. I'm sure any new whistleblower bill they pass will probably leave even bigger gaping loopholes like the old toothless bills.

    Just shut up and hope no one gets swindled or killed on your watch.


    Report abuse

    Operation forbidden Fruit wrote on January 26, 2009 04:48 PM: I don't think DC wants to change the system. I works at suggesting there is protection (if you can afford to be unemployed for a few years and pay some lawyers) on the one hand yet keeps the dirty secrets just far enough behind a regular trial judges reach to prevent any real-time harm to those who would be affected. This can affect members of congress and the executive branch. I'm not talking about stealing paper clips or a pissing match about staffing. I'm talking about an organized bribery kick-back scheme by public servants.


    Report abuse

    RE: Scott Bloch wrote on January 26, 2009 02:56 PM: Scott Bloch was head of the Office of Special Counsel ( www.OSC.gov )


    Report abuse

    Another whistleblower wrote on January 26, 2009 01:36 PM: JW:

    That's right, these whistleblowers were supposed to inform all of these entities before ever going to the media:

    1) Their agency - The same people who formulated the plans. According to other articles and court documents, Maclean did this first.

    2) The Inspector General - The person appointed by the President. According to other articles and court documents, Maclean did this three times.

    3) The U.S. Office of Inspector General - Scott Bloch, the ONLY Bush political appointee who was fired after calling "Geeks on Call" to have his GOVERNMENT computers "FULL SWIPED," had the FBI raid his office, and had the GSA police escort him out of his office after President Bush fired him.

    4) Congress - The same entity that short-changed the TSA forcing them to implement their inane plans to remove air marshals from long haul flights.

    Notice that you do not read about any member of congress rallying to support these whistleblowers. After all, the whistleblowers robbed them of their opportunity to get on their "political soapbox" and rub it into the administration's nose.

    What guarantee is there that the congressmen will not leak the whistleblower's identity to the administration? Remember the Abu Ghraib whistleblower, Sgt. Joseph Darby, who got outed by congress and the administration? It was so bad, that the Army would not let him go back to his hometown.

    The system is totally broken and needs to be torn-down and rebuilt so that whistleblowers do not have to resort to going to the media all the time.


    Report abuse

    Forbidden Fruit wrote on January 26, 2009 01:06 PM: There needs to be established a review board to look at the claims. I was forced out after helping the IG & FBI in a case that made the national news. Even wore a wire. Nobody called to even say thanks. I signed a hold-harmless agreement so they were safe. Agents got awards. I was shown the door. Was left to fight attacks in the field while DC claimed to be trying to help. What a joke OSC was too. I save farmers millions a year and can't come out of the cold.


    Report abuse

    RE: J.W. Modesitt wrote on January 26, 2009 01:02 PM: J.W.,

    You should probably read all of the comments before posting your own that rehash others:

    From "Supervisory Las Vegas FAM":

    "Don't you think it's naive to believe that the reality of air marshals NOT being on 9/11-type aircraft for TWO MONTHS would eventually become obvious to any would-be terrorist?

    Keep in mind that the TSA mandated air marshals to wear suits and ties, and maintain a military grooming standard. The TSA, the airport authorities, and the airline industry was also forcing air marshals to walk into exit lanes to flash their badges to TSA supervisors and then wait to flash them again for a uniformed local police officer. After being paraded through these exit lanes and entering the gate area, air marshals were then pre-pre-boarded by a gate agent BEFORE the handicapped passengers and families with small children so that pilots and flight attendants get their airline industry mandated "safety briefings."

    Given all of these inane policies, I think it is fair to believe that not only terrorists would figure out air marshals were missing, but so would everyday business travelers, gate agents, flight attendants, pilots, and of course, air marshals' gossipy significant-others.

    I thank Robert MacLean for disclosing this plan LONG before the TSA actually implemented it along with all of their other ridiculous and dangerous policies that were apparent to even a 10 year old child."


    Report abuse

    J.W. Modesitt wrote on January 26, 2009 10:33 AM: "Robert MacLean, a former Las Vegas air marshal whose name is on the list, lost his job after informing a television reporter of Transportation Security Administration plans to remove agents from long-distance flights in 2003." Clearly MacLean was fired for disclosing national security secrets to the media. Had he limited these disclosures to his Congressman the outcome most likely would have been different. Most people do not understand the Whistlblower laws that require these types of disclosures to follow a specific protocol in order to be protected. The fact is that many Federal employees try to hide behind whistleblower protections in order to cover up their own misconduct. The Democrats are politicizing this issue in order to capitalize on the unpopularity of Bush and the ignorance of the public about whistleblower laws to further their own power base. After all, every corrupt politician has to be a Republican don't they? Democratic politicians make honest mistakes but Republicans are another story. According to the Democrats, Republicans are at one and the same time stupid ignoramuses and shrewd manipulators of the political system. The fact is, neither of these characterizations is true. Both Republicans and Democrats are full-on participants in the corruption that plagues our country. It's just that the Democrats are much better at hiding it.


    Report abuse

    Patricia Lala, whistleblower wrote on January 26, 2009 07:52 AM: Accountants, auditors and other financial managers are exempted from the WPA protection, as it was, under Bush. I have a small FERS annuity and smaller TSP (now) which I could fall back on to save my home from foreclosure. I also have a class AAA family support group. The saddest part for me is that the guys that were stealing are still on payroll and on the loose. I hope the new administration and congress beef up the act and the OSC. 'way to go Tom Devine and Jeff Ruck of GAP and PEER! ( I can count the hundreds of Self Nominations I have submitted in the past3 years.)


    Report abuse

    Gov't Employee wrote on January 26, 2009 07:50 AM: I have a friend who worked for TSA, the problem with the agency is that it was founded with morons at the helm. Most all of the TSA supervisors had been working menial jobs at the airports when TSA was founded, so they had the necessary clearances. Those were their qualifications, clearances, no education, no experience, no intelligence, just a clearance. They have shown themselves to be idiots time and time again. I have seen a 100lb woman wearing skin tight jeans and a tight t-shirt, leaving little to the imagination pat searched and run through the wringer. I am 6', 250, and could easily hide a weapon on my person in normal dress (often do) and they wave me through.
    As for Air Marshalls, they should be dressed as business or lesiure passengers, and have their weapon and credentials in their carry on bag and go through security like everyone else. When the TSA person sees the shield and gun, they should not react, maybe pull the Marshall to the side for verification "pat down" search, and then let him go on with his "carry on". He can then go to the restroom and put his weapon and shield back where they need to be for use. The Marshalls should board with the rest of the passengers, and not get any preferential seating. But we are talking common sense, not TSA.


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