I'm getting urgent notices from different whistleblower colleagues and "good government" groups today to tell the Senate that the whistleblower reform provision must remain in its "$800 Billion Stimulus Package." My friend Jesselyn Raddack, of the Government Accountability Project, put the matter urgently but succinctly:
There was no whistleblower protection in the Administration's unprecedented bailout of Wall Street. Last Thursday we learned that Wall Street handed out $18.4 billion in bonuses for the year with the money. Bank of America, another bailout beneficiary, just hosted a 5-day Super Bowl carnival.As the stimulus bill goes into conference this week, there were warnings of subtle but determined opposition from Senate offices to block key provisions of whistleblower protection. The opposition is no longer subtle. It's loud and unapologetic.
The Washington Post argues that anti-retaliation and classified congressional disclosure rights shouldn't be extended to FBI and intelligence employees, insisting "that is just plain wrong." This is a red-herring over an anti-leaks measure that controls preexisting broader rights for classified congressional communications, and independent enforcement for preexisting anti-retaliation rights. But the FBI and intelligence agencies like NSA will, and should, be involved with creating a new infrastructure. National security whistleblowers have revealed that their agencies play a role in all Americans' lives. Why should there be an accountability loophole?
Whistleblowers tried to warn of the current economic crisis years ago, but they still don't have a fighting chance for justice when they challenge fraud, waste and abuse. With current so-called "rights," their chances of winning are less than one half of one per cent. Studies consistently conclude that whistleblowers are the most effective weapon that exists against fraud. After the bailout, there is no excuse to spend another $800 billion without locking in accountability.
This reform has been languishing for 10 years, despite eight approvals by relevant committees, and four approvals by Senate or House votes. Three were unanimous. Why isn't this done? The legislative process has been a broken record of procedural sabotage trumping an overwhelming popular and political mandate. Three times "secret holds" have blocked votes on this anti-secrecy reform.
There was no whistleblower protection in the Administration's unprecedented bailout of Wall Street--despite promises that it would be added "later"--and now we learn that a sizeable chunk went to pay corporate bonuses.
In 1991, the RTC law following the S&L crisis had "best practice" whistleblower rights for its time. In 2002, the Sarbanes-Oxley law wisely included whistleblower and witness protection as an enforcement cornerstone of that law. Congress since has perfected weaknesses in these pioneer approaches in four subsequent laws, including three since 2006. A whistleblower provision should be included to provide teeth for any financial recovery bills to ensure that this crisis is never repeated.
Secrecy was the breeding ground for this disaster, because it sustained the reckless decisions and corruption that caused it. Now the Administration proposes to give $800 billion--the largest stimulus in history--and the Washington Post doesn't want any accountability for how it is spent: no judicial review; no whistleblower rights; no public acces to records; and waiver of normal government contract rules. Apparently, one financial disaster wasn't enough for the Post.
Today, the Washington Post has a lead editorial on why Senators should remove the whistleblower provision, which passed unanimously in the House, from the $800 billion stimulus package. The editorial places form over substance.
Regardless of what the Washington Post thinks is "the way it is supposed to work," how about the taxpayers? We are in the midst of an unprecedented, nearly $2 trillion spending frenzy. That is the wrong time to sacrifice justice for whistleblowers, and accountability for taxpayers, at the altar of the "right way."
Please call your senators and tell them to keep whistlelower protection in the bill!
Thank you for helping us make it this far. We now must tell the Senate to include the same common-sense whistleblower protections in their stimulus spending legislation, which they're planning to vote on early this week.
P.S. You can also send a letter to the editor of the Washington Post at letters@washpost.com, but it's more important to contact your Senators.
Take action -- click here to contact your local newspaper or congress people:
Support Whistleblower Protection Act
If I can add some Paul Harvey "Rest of the Story" irony to what Jess says, it must be true then that the Washington Post would now editorialize that I (Coleen Rowley) was wrong to speak out in 2002 about 9-11 and take my memo directly to Senators Feinstein and Shelby on the Senate Intelligence Committee. Have these Senators all decided they would just prefer not knowing about any such bad things in the future? It'll be interesting to see if the Senate votes to keep themselves in the dark about governmental fraud, waste, abuse, illegalities and dangers to public safety. I guess it's one way for the politicians to avoid accountability for themselves but it certainly won't help the public.
That's why I heart Ya, excellent post. Agape, dap
I was joking of course about there not being "any hard feelings" if Congress fails to enact government whistleblower reforms. At this point, the Congress has really let us all down (including the American public) so many times. It's just amazing how their talk about more accountability and good government does not match their walk. There have been repeated unanimous votes but then secret holds are put on and the measures die.
Hopefully, the bailout will contain bucks for Stem Cell Research, so Dem leadership can grow a spine.
~ Big fan, still waiting for your Medal of Freedom
3:57pm
Indianapolis Central Library
Hi Colleen, "...if the Senators do vote to strip the new $800 Billion Stimulus Package"
I will have hard feelings even if you don't.
I went to the Senate Judiciary Committee back in 2001 about illegalities which
were affecting my sons and me but I was ignored by the committee. Completely ignored.
I think there ought to be a website on which citizens (and non-citizens) can make
complaints or Blow the Whistle on fraud, corrupt practices, abuse of power, etc.
Click announcement here: http://www.opednews.com/articles/National-Whistleblower-Ass-by-James-Murtagh-090126-640.html