WhistleblowerSupporter

More on Judicial Corruption and why the game is rigged against DoD whistleblowers

Download MOTION FOR JUDICIAL RVIEW

 

From: Douglas Kinan [mailto:dougkinan@yahoo.com]

Sent: Tuesday, September 13, 2011 7:46 PM

Subject: Re: Today's press release: Judicial Corruption must be stopped!

 

All:

 

I'm rooting for all of you, but after 13 years of trying, I'm convinced you will not succeed. 

 

The court process for whistleblowers is rigged.  According to the published April 2008 boast by the  Department of Defense, none have gone to trial yet

 

Lawbreaking for cash is standard operating procedure in the courts. 

 

Based on my firsthand knowledge, corruption and crime in the courts is the norm and all of you have evidence to prove it.

 

For more evidence, see the attached pleadings.

 

Questions, comments and criticisms are welcome.

 

 

 

 

DSS Director Ignores DoD OIG Report and Recommendations: Why?

I hear through my sources that the DoD OIG completed a Title V investigation (Reprisal Office) and issued a report of findings in support of the federal employee whistleblower.  I have obtained a copy of this report from my sources in the DC area.  I am wading through it as we speak.  It would appear that Stanley Sims, DSS Director and Jay Freaude, DSS Counsel are purposefully refusing to acknowledge receipt of this report and responsibility to take constructive action to make the damaged employee whole, as directed by the DoD OIG. 

Is this how it will work?  Defense Security Service Director, Legal Department and Management will ignore investigative reports and pretend the investigation from DoD OIG simply does not exist and continue on their unethical and illegal path with impunity?  There are some very angry federal employees and civilian citizens regarding this cavalier attitude toward justice.  Not to mention questions about what appears to be DSS malfeasance in managing a federal agency and expenditure of taxpayer funds. 

If Defense Security Service oversight cannot be ethical in its own in-house matters, how can they be trusted to be ethical in doing their oversight job of policing government defense contracting and contractor corporations?

Anybody have more information or perspective? 

GFS

Judges have gone wild against Whistleblowers

Friends,

We continue our daily press releases. Please send them everywhere! We now have more than 500 web publications of the IAW caucus. We won't rest until we reach everyone.

I want to thank coalition member William Perry (Georgia Common Cause) for his quote supporting Judicial justice (a novel concept!) that was published by the AP.

 

We urge all members to attach responses to the OpEd articles. This makes the more visible. Also, we urge everyone to write articles supporting the meeting. We are on the countdown. Let's get this out!

Thank God the FBI is finally involved. 

http://www.opednews.com/articles/Citizens-United-Demand-Jud-by-Mark-Galen-110913-607.html

Citizens United Demand Judicial Reform Now! 

By Mark Galen (about the author)

 

Judges have gone wild against Whistleblowers

"Corruptio optimi pessima."  "Corruption of the best becomes the worst." 

Washington-Whistleblower advocacy groups have joined in an unprecedented cooperation to protect Judicial Integrity. These groups, including the International Association of Whistleblowers (IAW), the Atlanta Whistleblower Coalition and Georgians for Justice have joined to hold judges accountable a top priority.

In the end, judges are the gatekeepers who frequently deny whistleblowers access to courts. Regardless of laws passed, if courts are hostile to whistleblower rights, society suffers. Whistleblowers may be looking out for society, but who is looking out for whistleblowers?

Leaders of the movement agreed that this is the most difficult challenge that persons of conscience face. Court misconduct can be deadly. When judges permit hospitals or defense firms to cover up, then taxpayers and citizens are left unsafe, and people die. 

In the Godfather, Vito Corleone carried judges in his pockets "like so many nickels." What chance do average whistleblowers have when powerful corporations are pulling judicial puppet strings?

 In the most extreme example, Georgia judicial misconduct has led both the Wall Street Journal and Forbes to declare, "Georgia judges have gone wild." Prime examples include judicial misconduct and criminal conduct in the Georgia / Fulton County Superior Courts. As it stands, more than 24 Georgia Judges have had to resign for violations of ethics, and for even wrongful execution orders.

Just last week, the FBI agreed to intervene. Brian Lambkin, who heads the FBI office in Georgia, has announced this week that it was opening a large investigation into judicial corruption. Larkin elaborated:

"It impacts the everyday system. It's not just a dirty law enforcement officer that might be shaking you down," he said. "You're talking about people that you elect to an office to represent you who try to line their pockets."

 

The Associated Press GREG BLUESTEIN writes that the situation is serious:

Lamkin will personally sign off on the investigations.

"The reason is a corruption investigation can ruin reputations," he said. "These are not quick hits. We will use sophisticated techniques and undercover operations to really go after these. That's why the individuals that work these have to be patient."

 

Lamkin wouldn't say how large the team is, but he said he's assigned about 40 percent of the staff in the bureau's white-collar crimes unit to the mission.

The move was welcomed by government officials, who believed state and local funding cuts over the last few years have eroded other investigations.

"I just appreciate it. One of the frustrations you hear is that with the state budget cuts, you don't have the resources to hire more investigators," said state Rep. Joe Wilkinson , who chairs the House Ethics Committee . "This brings another much-needed level of scrutiny to the system."

Fulton County Sheriff Ted Jackson , who has asked the FBI to investigate deputies at the Fulton County Jail for wrongdoing, applauded the new oversight.

 

 

The Judicial Qualifications Commission nearly ran out of money in December to investigate judicial misconduct, but state lawmakers gave it a financial boost this year.

 

And the Georgia Ethics Commission , which investigates finance complaints and registers lobbyists, has been rocked by deep funding cuts even as it takes on more duties. The commission's director resigned after a dispute over the agency's budget and the status of several cases involving Gov. Nathan Deal . And it went from fielding three investigators in 2008 to none now, said William Perry , the director of Common Cause Georgia.

 

"Our state is cutting back on monitoring elected officials and their ethical behavior, so we welcome the fact that the federal government is stepping up," he said.

"We don't take this lightly," he said. "These are truly the types of investigations that are being done in the back room. And the circle of friends is very small. In order to penetrate that inner circle, you've got to have a strong and tenacious group to develop the intelligence."

 

By cutting fraudsters off from special favors from judges, we can and must protect the United States. People's lives are at stake. No more profit before patients. We urge newspapers everywhere to reprint this article, and for all citizens to join this campaign. We need everyone! No federal dollars without real accountability. Good faith is the essential prerequisite for public support.

Do we want Vito Corleone to control US justice? Are citizens finally going to unite for justice for all?

 

 

 

The IAW urge all citizens to reprint this article everywhere, and to join the fight for better hospital safety.

Calling all citizens who can describe judicial misconduct. Come to our meeting. Tell us your story. Judicial misconduct cannot be allowed to stand!

Now, do not allow more misconduct. Stand up!

Please contact the following immediately:

 

 

 

FOR IMMEDIATE RELEASE

http://internationalwhistleblower.org/

--

Doctors United Demand Integrity in Medicine

Doctors United Demand Integrity in Medicine!

America needs H.R. 2472

Washington-   Patient advocacy groups and Doctors groups have joined in an unprecedented cooperation to protect medical quality, safety, cost and efficiency. These groups, including the International Association of Whistleblowers (IAW), Medical Whistleblower Association, Georgians for Justice, Mothers against Medical error, have joined to make passage peer review reform a top priority. H.R. 2472 represents a small, but definite, step forward in providing due process to physicians in peer review.

 

CLICK HERE TO READ THIS 4-PAGE BILL. 

Physician and Congressman Joe Heck, D.O. (NV-3)  introduced H.R. 2472 and it is co-sponsored by many of the other doctors in Congress, including Tom Price, MD; Ron Paul, MD; Charles Boustany, MD; Michael Burgess, MD; Scott DesJarlais, MD; Phil Gingrey, MD; Andy Harris, MD; Dan Benishek, MD; and Larry Buscon, MD.

 

The bill is a response to the growing problem of good physicians losing their careers as a result of the disastrous effects of reports to the National Practitioner's Data Bank (NPDB). 

 

Medical whistleblowers have a great deal in common with defense whistleblowers. Defense workers can be stripped of their security clearance without warning and without due process. Doctors can be stripped of hospital privileges and lose their careers without warning.

In addition, the two areas of vast fraud are medicine and the military. Errors and safety in medicine and defense can be deadly. That is why the IAW has started a special "Patient Quality Care Project." All doctors and patients and citizens are urged to join.

"Possibly 100,000 people die from medical error every year, "stated Dr. Helen Salisbury, chair of the panel on medical whistleblowing to be held Sunday Sept. 18 "This is simply unacceptable. Worse, these deaths are the direct result of stonewalling and silence inside of hospital culture. It is high time that doctors and patients band together to make sure our loved ones are as safe as possible in hospitals, and that patients get the care they deserve. We want every possible group to sign on to this campaign- patients, doctors, citizens. We need every local group, every national group. This is the big one."

"If we don't protect the truth tellers, people die," states James Murtagh, MD. "We must pass H.R. 2472. Patient safety and doctors careers are at stake."IAW is recruiting all doctor and patient groups in every community of America to join into this effort. No group is too big, and none is too small. We are all patients, and every American has a stake in the safest and best good faith medical care possible."

Organizers note that medical truth-tellers must be protected so that the public can be confident in the integrity of hospitals. "Without truth tellers like Dr. Patrick Campbell of Redding California, no one would have ever known that Tenet HMO was performing thousands of unnecessary heart surgeries. Tenet put profit before patients." Dr. Salisbury continued. "Healthcare fraud costs this nation billions, and leads to loss of life. As a physician, I find this intolerable. We are committed to protecting medical truth tellers who work in both the federal and private sectors.

Other leaders of the group noted that the federal government is by far the biggest player in healthcare, and federal protections would go far to help doctors even at private hospitals. Virtually every hospital receives important federal funding. No hospital should continue to receive a dime of federal money until they comply with all federal regulations. By cutting fraudsters off from federal money, we can and must protect patient care. People's lives are at stake. No more profit before patients. We urge newspapers everywhere to reprint this article, and for all citizens to join this campaign. We need everyone! No federal dollars without real accountability. Good faith is the essential prerequisite for public support.

The IAW urge all citizens to reprint this article everywhere, and to join the fight for better hospital safety. Please contact the following immediately:

 

FOR IMMEDIATE RELEASE

http://internationalwhistleblower.org/

 

We plan to release further press releases very frequently this week

 

 

http://www.opednews.com/articles/5th-Annual-Whistleblower-C-by-James-Murtagh-110831-261.html

--

Dr. James John Murtagh, FCCP

Co-chair, IAW

404 626 4520

 

 

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In Our Words: United Whistleblower Speak Sept 18, 2011

Please contact me for further information. Our website shows our agenda, our participants, and our goals:

http://internationalwhistleblower.org/

We plan to release further press releases very frequently this week

http://www.opednews.com/articles/5th-Annual-Whistleblower-C-by-James-Murtagh-110831-261.html

Dr. James John Murtagh, FCCP

Co-chair, IAW

404 626 4520

 

 

 

In Our Words: United Whistleblower Speak Sept 18, 2011:

 

"Americans must be free to practice their trade and to tell the public the

truth." http://internationalwhistleblower.org/

 

WASHINGTON, DC – This September 18, the whistleblowers and persons of

conscience will hold the fifth annual gathering on Capitol Hill. As the

Nation's budget crisis continues to grow, lawmakers must look to corporate

and federal whistleblowers to stop out of control spending. The united

message is the nation’s top priority must be to protect whistleblowers so that

truth-tellers can protect the public, the public’s health, and our national

security.

 

Five years of concentrated advocacy led to this meeting. Dr. Jeffrey Wigand

(aka, “The Insider”) helped to found, guide and shape the International Association of

Whistleblowers (IAW). Other Advisors include Coleen Rowley, Reuben Guttman and

Cyrus Mehri. Our ranks are growing stronger everyday.

 

America knows what is said about whistleblowers. This conference is a chance to hear from the whistleblowers in their own words. A spectrum of statements include:

• NSA whistleblower Thomas Drake, recently revealed on 60 Minutes that 9/11 could have been prevented. The IAW demands an end to counter-productive policies that make America more vulnerable to future attacks:

 

"If recent history is any guide, coming forward with the truth and blowing the

whistle on evidence of gross waste, fraud, abuse, wrongdoing, corruption,

malfeasance, illegalities or dangers to public health and safety within public or

private institutions is increasingly viewed as a criminal act. In so doing,

whistleblowers not only risk their personal lives and professional careers they are

often relentlessly and maliciously dismissed, victimized, hounded and even

prosecuted out of reprisal, retribution, and retaliation for speaking truth to power – a clear and distinct 'shoot the messenger' syndrome. Whistleblowers are often the only witness to wrongdoing where they work. Existing laws are simply not sufficient to protect whistleblowers. http://www.whistleblower.org/blog/31/1128

• Navy whistleblower Kirk Wiebe vigorously supports the IAW message:

 

Whistleblowers are not a threat to government or to any organization, rather they

seek to ensure integrity of service to the people they serve. The IAW Conference

provides an excellent platform for whistleblowers to find their voice and to meet

one another in a positive environment of mutual support.

http://www.whistleblower.org/blog

 

NSA whistleblower Randy Kelly amplifies:

 

These are sad and dark days in the history of America. The American taxpayer has little or no confidence in our elected officials or government in general. The

American people should be outraged at the level of corruption and criminal activity within the federal government and politics in this country. It is easy to understand why many members of the Senate and of the House of Representatives do not want any level of whistleblower reform. Too many politicians fear they themselves will become publically exposed as to the atrocities they condone by being unwilling to take any action against the prevalence of fraud, waste and abuse within all levels and sectors of our government. All honest citizens are affected by government fraud, waste and abuse. These are intentional and criminal acts that benefit but a few. And, they are taking place to the detriment of, and at the expense of, the honest and hard working citizens of this country. It is the 'whistleblowers' that are trying to right the wrongs. Yet the term 'whistleblower' remains painted with a dark and sinister image. The American people must come to realize that the 'whistleblowers' of this country are some of the true patriots of America. Now, more than ever, whistleblowers need the understanding and support of the American people!

• Bill Binney points out the Constitutional issue:

 

When our Constitutional form of government does not function, that is, when

Congress does not have effective oversight of the agencies of the executive branch, those agencies set their own agenda and spend money accordingly. That is exactly what has happened at my former agency (NSA). Over the past 30 years, my former agency has made acquiring money the main objective - not solving operational problems. Their vision statement over these years has evolved into "Keep the problem going, so the money keeps flowing." In other words, don't solve the problem use the problem to keep getting more and more money.  This is and has been a disservice to our people and country. In effect, these agencies are trading our security for money.

• Mike McCray, co-chair of the IAW agrees:

 

Starting today, every agency and department should know that this administration stands on the side not of those who seek to withhold information, but those who seek to make it known.  We encourage all 264 organizations and corporations that signed the Whistleblower letter to join us! We are already bonded by a shared principle that "whistleblower protection is a foundation for any change in which the public can believe. It does not matter whether

the issue is economic recovery, prescription drug safety, environmental protection, infrastructure spending, national health insurance, or foreign policy."

 

The IAW is independent, transpartisan, and non-aligned. It is united by a single principle: that Americans deserve to be protected by the truth. Only truth-telling patriots with extraordinary courage to tell truth to power can stop the barrage of preventable disasters that beset America. We are uniting to lobby Congress, and we will be heard. Every whistleblower will tell their story, and will be interviewed for U-tube. An extraordinary archive of these American and International stories will be collected.

 

All citizens who want to make America truly stronger are invited to:

 

Contact today Atlanta Whistleblower

Phone: 404 626 4520

INTERNATIONAL

ASSOCIATION

OF WHISTLEBLOWERS

(IAW) CAUCUS IN WASHINGTON DC

September 18, 2011

 

DC Public Library

Martin Luther King Jr. branch,

RoomA-5,

901 G Street, NW

Washington, DC 20001

(202) 727-0321

 

Please post additional comments to:

http://www.opednews.com/articles/In-Our-Words-United-Whist-by-Carol-Czarkowski-110911-240.html

New International Association of Whistleblowers Caucus (IAW) to join Gap and others at National Whistleblower Conference starting September 18 in Washington DC.

 

Here is the website for the IAW.  All Whistleblowers, those who were whistleblowers, or those who may become whistleblowers are enthusiastically invited to join. 

Our website explains what we, the IAW, are about:

http://internationalwhistleblower.org/

 

 

Opening day of the conference is Sunday, September 18, 2011.  The IAW Caucus will be conducting activities at the DC Public Library – Martin Luther King Jr. Branch, Room A-5, 901 G Street, NW, Washington DC 20001

 

Some of the activities will include a welcome by co-chairs Mike McCray Esq. And James Murtaugh, MD.

 

This will be followed by:

 

-         The Atlanta Whistleblower plenary panel, “Have Georgia Judges Gone Wild?”

-         Tapping the Power of the Media:  “How can we use the power of story, and new internet media, to promote social justice?”

-         Whistleblower support fund – plenary panel, “How can we save priceless documents from the legendary cases of whistleblowers like Ernie Fitzgerald?”

-         “Empty Chair” ceremony honoring whistleblowers who cannot be present due to retaliatory imprisonment  or untimely death.  Statements will be read on behalf of:

o       Martin Salazar, former Dept. of energy employee

o       Bradley Birkenfeld, former UBS banker

o       Mordechai Vanunu, former Israeli nuclear technician

o       Karen Silkwood, Kerr-McGee technician, deceased

-         Waste of Funding within Federal Government Procurement Panel

-         Medical Whistleblower plenary panel, “Can the Patient Quality Care Project Bring Integrity Back to Medicine?” This will include VA whistleblower panelists as well as medical doctors.

 

For those of you interested in joining the IAW, work sessions will take up the rest of the afternoon on matters concerning planning, charting IAW’s organizational directions, viewing of whistleblower authored books, and continued videotaping of whistleblower story videos for publication on U-Tube.  You will meet a lot of dynamic, creative, and determined people.  It will be well worth your time and effort to get here.

 

All of this will be followed by an informal participant dinner at the Dubliner at the Phoenix Park Hotel. 

 

The rest of the week will continue with events and presentations by various whistleblowers, whistleblower organizations and others.  This will be an exciting and informative week where you will learn a lot and make all kinds of good contacts and build up your supportive networks. 

 

GFS

 

 

Whistleblowers Wanted: New International Whistleblower Association Invites You to Participate

Friends,

Please send this everywhere and ask everyone to join the IAW caucus.
We are of the whistleblower, by and for the whistleblower. We want the
largest diversity of whistleblowers possible. We want everyone regardless of
affiliation.

Please circulate the following news item:
http://www.opednews.com/articles/5th-Annual-Whistleblower-C-by-James-Murtagh
-110831-261.html

Our website explains what we are about:

http://internationalwhistleblower.org/

We are expanding our membership, and we are international in scope.
Our articles are appearing today in Scoop magazine NZ and around the world.
We want all whistleblowers to join, and the greater the diversity, the
better. Our signature issues are judicial accountability and medical
whistleblowing, but we are joining with defense and financial
whistleblowers, veterans, environmental. Our focus is to network and mentor.

We also ask all members to register for the entire conference at:

http://makeitsafecampaign.org/news/?page_id=2146

Please ask all members to write articles for OEN. We are running a series of
articles about the conference. I urge every panel to write an article about
their issue. Everyday I would like to run an additional article about each
individual event for the meeting. We are going to U-tube as much of the
conference as possible, and post on OEN and on the IAW website.

We work hard for this conference every year. This year, we can get even more
out of the conference with planning. I challenge every person to get an
article out about their issue. We will work with them, help them with
editing, and get their issue into the press.

We want participation from every single member. By delegating, we can get
everyone involved, and everyone can be heard.

Please send this out, and we will have another article tomorrow.
Ginger, if you have an article about the overall conference, please send it
and we will post it. OpEdNews has a tremendous circulation, and we will get
more attendees if we post articles now. Members still can reserve discounted
airfares.

So, to all MISC members and fans, now is the time. Write and post your
articles! None of us can do this alone, but together we can!

http://www.opednews.com/articles/5th-Annual-Whistleblower-C-by-James-Murtagh
-110831-261.html

Bill Targeting National Security Whistleblower's Pensions Fails

The bill which targeted National Security Whistleblowers, by adding the penalty of losing one's pension as punishment for blowing the whistle has failed.  Jane Turner, NWC sends her thanks to all of you,  who called and wrote to your elected officials.  It is a victory.

 

GFS

ATTENTION! SEC ADOPTS NEW WHISTLEBLOWER RULES

I attended one of these sessions recently.  You do not have to be an attorney to attend.  I recommend that you all attend and read Mr. Kohn's new book.  It is written to make the complexities understandable even for people who are not attorney's.    Your fee includes a copy of Mr. Kohn's new book and handouts.  He was very open to answering participant questions.  GFS

 

 *******

 

On May 25th, the Securities and Exchange Commission (SEC) adopted whistleblower rules that fundamentally changed and enhanced the right of employees to obtain legal protection and large financial rewards (see Washington Post article).  The National Whistleblowers Center and its legal staff were extensively involved in this process, providing the SEC with nine formal rulemaking submissions and personally meeting one-on-one with each of the five SEC commissioners.  Many of the NWC's proposals were adopted by the SEC, and the Final Rules cited to NWC formal comments forty-four times.  The new regulations will prove an invaluable asset in the representation of corporate whistleblowers, and the new regulations if properly utilized will prove to be an invaluable asset in successfully representing employees and preventing corporate fraud.

 

As a result, the National Whistleblowers Center is conducting a series of nationwide seminars that will focus on the new SEC regulations, and the historic whistleblower protections contained in the Dodd-Frank Wall Street Reform and Consumer Protection Act.  The seminars will explain the new anti-retaliation rules governing corporate employees and the financial reward provisions.  These rules require the SEC to pay large financial awards to qualified whistleblowers for which there is no cap and can result in multiple millions of dollars in recoveries.

 

 

 

 

Dodd-Frank Act

3-hour CLE Seminar

NEW Corporate Whistleblower Protections and Reward Provisions

 

 

On July 21, 2010, Congress enacted the Dodd-Frank Act. Corporate whistleblowing was forever changed. The Act established the right of whistleblowers to obtain multi-million dollar rewards for reporting violations of Securities and Commodities Exchange Acts. These "qui tam" provisions were modeled on the False Claims Act -- a law that already has resulted in whistleblowers obtaining over $2.7 billion dollars in rewards for reporting federal contracting and procurement violations to the Justice Department. Dodd-Frank also enhanced employment protections available to whistleblowers. Retaliatory discharge cases can now be filed directly in federal court, with the right to a jury trial. Under Dodd-Frank, mandatory arbitration agreements cannot be enforced.

$150 ATTORNEY REFERRAL SERVICE MEMBERS

($95 For Early Bird Special!)

 

$295 ATTORNEYS

($150 For Early Bird Special!)

 

$75 WHISTLEBLOWERS

 

Call (202) 342-1903 for Early Sign-up or ARS Discount Codes

 

To REGISTER visit our UPCOMING EVENTS page

Locations:

 

Washington, DC -- June 10th, 2011 (Teleconference Available)

         National Whistleblowers Center

         3238 P Street NW

         Washington, DC 20007

 

         Register on or before June 7th for Early Bird Special

 

         Contact Seminar Director Estelle Kohn at ek@whistleblowers.org or Associate

         Seminar Director Philip Barrett at whistle@whistleblowers.org or call

         (202) 342-1903 to register

 

Denver, CO -- June 23rd, 2011

         The Browne Palace Hotel & Spa

         321 17th Street

         Denver, CO 80202

 

         Register on or before June 10th for Early Bird Special

 

San Francisco, CA -- June 27th, 2011

         TURN-The Utility Reform Network

         115 Sansome Street, Suite 900

         San Francisco, CA 94104

 

         Register on or before June 10th for Early Bird Special

 

Los Angeles, CA -- June 28th, 2011

         Carlsmith Ball LLP

         444 South Flower Street, 9th Floor

         Los Angeles, CA 90071-2901

 

         Register on or before June 10th for Early Bird Special

 

New York, NY -- July 25th, 2011

         New York Marriott Downtown

         85 West Street at Albany Street

         New York, NY 10006

 

         Register on or before July 15th for Early Bird Special

 

CURRICULUM:

Learn how to use the new corporate whistleblower laws and regulations to effectively represent employees, combat fraud and qualify for large whistleblower rewards. Gain insight into how whistleblower protections laws can be integrated into your law practice as powerful legal tools for maximizing your client's ability to have their case heard before a jury and obtain entitlement to large monetary damage awards and rewards.

 

FACULTY:

Stephen M. Kohn, Esq. is the Executive Director of the National Whistleblowers Center and one of the nations leading advocates on whistleblower law.  Mr. Kohn will present this unique seminar on the latest whistleblower laws and rewards provisions. Mr. Kohn has represented numerous high profile whistleblowers for over 27 years. He has authored seven books on whistleblower law, including the recently published The Whistleblower's Handbook: A Step-by-Step Guide to Doing What's Right and Protecting Yourself (Lyons Press, 2011). Mr. Kohn was the principal author of the NWC's rulemaking petitions and personally met with all five SEC Commissioners and the responsible Commission staff.

 

To Register or For More Information:

Please visit our UPCOMING EVENTS page or contact Estelle Kohn or Philip Barrett by phone: (202) 342-1903 or email: ek@whistleblowers.org or whistle@whistleblowers.org.  

If you cannot make the seminar, you can purchase the course materials, The Whistleblower's Handbook, online for $16.95 plus shipping. 

So, who is the Senator who killed the Whistleblower Protection Bill?

Here is some good information from Government Accountability Project (GAP) regarding the culprit who put a hold on the Whistleblower Protection Act, and is being aided and abetted by other Senators to evade taking responsibility.  GAP has been asking people to help pressure their Senators to get a definite yes or no on whether he or she was the Senator to place the hold.  Presently they have narrowed it down to three Senators.  Is one of them yours? 

-GFS

 

 

 

GAP Announces Results of Campaign to Identify ‘Secret Hold’ Senator

 

This weekend, GAP (Government Accountability Project) and On The Media will conclude our campaign to identify the senator who placed the anonymous hold on the Whistleblower Protection Enhancement Act (WPEA), effectively killing the bill at the end of the last congressional term. GAP Legal Director Tom Devine will wrap up the campaign and its findings on On The Media.

 

Since the campaign began in early January, we were able to rule out nearly every senator as being a suspect. After the list of prospective senators was narrowed down to five (as a result of your steadfast advocacy!), over 1,000 people signed our Change.org petition urging these remaining senators to either confirm or deny placing the hold. This increased pressure allowed us to further eliminate Senator McConnell and Senator Vitter, leaving only Senator Risch, Senator Kyl, and Senator Sessions as potential suspects.

 

Please check with your local NPR station to see what time On The Media will air this weekend, and tune in to listen to Tom Devine speak about the conclusion of the campaign, and where we're going from here!

 

Additionally, GAP wishes to extend a heartfelt thank you to all of our supporters who participated in our campaign. Because of your efforts, whistleblower rights for all federal employees are closer to becoming a reality.

 

 

 

 

Senate Shenanigans

March 14, 2011 · By Shanna Devine

Secret holds are just an anonymous filibuster.

As its opening act this year, the Senate passed a bipartisan resolution to restrict--but not eliminate--a maneuver known as the "secret hold." The rules still allow a single senator to anonymously delay urgent legislation.

Even bills commanding overwhelming support can get stopped in their tracks when they face "unanimous consent," a procedure that allows for the quick passage of noncontroversial legislation. This is an affront to democratic principles.

Just how do secret holds work? A single senator can request a hold on any legislation--without justification or explanation--to his or her party's leadership. At that point, the legislation can't move forward unless the Senate Majority Leader intervenes.

Previously, senators could remain anonymous for six days, after which they were required to either lift the hold or be publicly identified. Now, thanks to a joint resolution led by Senators Chuck Grassley (R-IA), Claire McCaskill (D-MO), Ron Wyden (D-OR) and Susan Collins (R-ME), the identities of senators requesting holds will be recorded in the Congressional Record after two days.

The rationale for the rule's creation was simple and reasonable. The Senate gets extremely busy. During high-volume times, several bills and massive pieces of legislation are simultaneously pushed through the chamber. Often senators need extra time to read a thousand-page bill, gather information, thoroughly consider potential ramifications, and vote in their constituents' best interest. Guaranteeing short-term anonymity makes sense because senators could be wrongfully labeled as opponents of legislation when they simply want to cast an informed vote.

Unfortunately, senators have heavily abused this process. Working in tag-teams, they would often take turns placing holds every five days, because on the sixth day their identity would be revealed. This tactic allowed both senators to remain anonymous while assuring that the bill would not move forward. This is our democratic process at its worst. Furthermore, if senators decided to place a hold with fewer than five days remaining in the congressional session, they got to kill legislation without stepping forward at all. Effectively, secret holds have become an anonymous way to filibuster.

Case in point: in the last hour of the previous session of Congress, one senator placed a secret hold on the Whistleblower Protection Enhancement Act, which would have have strengthened rights for federal employees when they report waste, fraud, and abuse. This sorely needed legislation was ripe for passage. A similar version of this legislation had passed in the Senate just two weeks prior by unanimous consent. Over the next several days, due to unfounded concerns related to WikiLeaks, the legislation's scope was reduced to exclude federal intelligence workers.

Other than deletions, not a word was changed from the version the Senate had already approved. Through a rare agreement between former House Speaker Nancy Pelosi (D-CA) and then-Minority Leader John Boehner (R-OH), it also passed the House by unanimous consent. Then a senator--we don't know who, of course--put a secret hold on it hours later. There's a strong, ongoing campaign to determine which senator placed the hold. Hopefully, that information will surface.

The overwhelming majority of Congress understands the true value of whistleblowers. Lawmakers came close to strengthening their rights in December. It's no wonder this legislation enjoyed so much support from both sides of the aisle--it would have curtailed government malfeasance by providing federal whistleblowers with safe channels to speak out. But so far, Congress still hasn't approved the Whistleblower Protection Enhancement Act.

The Senate has faced heavy criticism for using secret holds. This practice is the antithesis of government accountability and transparency. When the amendment reduced the amount of time from six days to two, some senators claimed good government reforms had triumphed.

Unfortunately, even with that change, lawmakers may still place secret holds just hours before Congress adjourns. There's nothing to stop future good-government bills from meeting an untimely death at the hands of anonymous senators.

Until Congress sets more reasonable standards for secret holds, individual senators, or a group of them taking turns, can secretly stonewall any bill that's subject to unanimous consent.

 

Link to original:    http://www.ips-dc.org/articles/senate_shenanigans