McLaughlin writes: "The watchdog wing of Congress has quietly launched an
investigation into the 'integrity' of the Pentagon's whistleblower
protection program. The previously unreported investigation, started in late
October, expands on an ongoing effort by the Department of Justice on this
same issue."
Former NSA official turned whistleblower Thomas Drake at a protest. (photo:
Allison Shelley/Getty Images)
Government Watchdog Conducting New Investigation Into Pentagon Whistleblower
Retaliation
By Jenna McLaughlin, The Intercept
13 December 16
The watchdog wing of Congress has quietly launched an investigation into
the "integrity" of the Pentagon's whistleblower protection program. The
previously unreported investigation, started in late October, expands on an
ongoing effort by the Department of Justice on this same issue.
The Government Accountability Office, which serves as the investigative arm
of Congress, has been looking into the extent to which Department of Defense
whistleblower policies "meet executive branch policies and goals," reassure
employees of their rights to raise concerns "without fear of reprisal," and
require officials to report to Congress, among several other areas of
concern.
The GAO launched its new investigation on October 27, according to a memo
reviewed by The Intercept. A spokesperson for the GAO confirmed the letter,
though noted that the investigation was delayed, and there is no estimated
release date yet.
The nonprofit Government Accountability Project, which is devoted to
protecting whistleblowers, provided The Intercept with documentation on the
new investigation. According to the group, the investigation will also
likely target senior Pentagon officials accused of destroying evidence that
would have exculpated former senior NSA official Thomas Drake, who raised
internal complaints about what he believed to be NSA misconduct and waste
before ultimately approaching journalists.
Rather than having his concerns acknowledged, Drake spent months fighting
charges against him under the Espionage Act, ultimately pleading guilty to
just a single misdemeanor. His career in the intelligence community was
ended, however.
"Bureaucratic abuses of power are the primary reason otherwise circumspect
national security whistleblowers leak to the media. It is too dangerous to
work within an untrustworthy system," Tom Devine, legal director of the
Government Accountability Project, wrote in a statement praising the
intensified effort to uncover abuses against people, like Drake, who speak
out about potential government abuses.
The new effort also follows conclusions made last spring by a separate
government watchdog group, the Office of Special Counsel, which is
specifically tasked with providing protection to federal whistleblowers. The
OSC said there was "substantial likelihood" senior Pentagon officials might
have violated "laws, rules or regulations" in Drake's case by destroying
records of his cooperation with Congress and a Pentagon audit concerning his
complaints.
The Department of Justice originally said the destruction was "pursuant to a
standard document destruction policy," but that assertion has since been
challenged by Drake's lawyers and the OSC.
"I'm glad to hear that GAO is looking into how a whistleblower's protected
whistleblowing disclosures were destroyed when they were potentially
exculpatory evidence in an ongoing criminal case," Jesselyn Raddack, Drake's
attorney, wrote in an email to The Intercept. "GAO should also investigate
how a whistleblower, Drake, ended up being targeted and raided by the FBI in
the New York Times leak investigation when he had no involvement in the
leak. Hopefully GAO does an aggressive and thorough investigation and
recommends meaningful consequences for the officials responsible."
John Crane, formerly the assistant inspector general in the Pentagon,
revealed his role in attempting to protect Drake's identity and investigate
the document destruction involved in his case last May - an effort he claims
cost him his job. Crane believes the DOJ and now GAO investigations are
vital to repair a broken system of accountability and protection for those
willing to identify wrongdoing at personal risk.
"The pattern of events" launched by Drake's persecution and what followed
"are troubling to someone who as assistant inspector general at the DoD
helped to craft the Whistleblower Protection Act to protect the disclosure
of classified information provided by whistleblowers," he told The
Intercept.
Crane says he became aware of the new GAO investigation recently. The agency
does not publicly announce its investigations as a matter of policy.
The implications of the investigation may eventually be important for
evaluating the actions of former NSA contractor Edward Snowden, who leaked a
massive trove of documents revealing the agency's worldwide surveillance
regime, Crane argues. "The challenge for the incoming Trump administration
is that these investigations are in effect examining whether current
Pentagon IG leadership has become an existential threat to the national
security of the United States by forcing whistleblowers like Snowden to view
the media as their court of last resort and the seek safety overseas," he
wrote in a statement.
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Former NSA official turned whistleblower Thomas Drake at a protest. (photo:
Allison Shelley/Getty Images)
https://theintercept.com/2016/12/13/government-watchdog-conducting-new-inves
tigation-into-pentagon-whistleblower-retaliation/https://theintercept.com/20
16/12/13/government-watchdog-conducting-new-investigation-into-pentagon-whis
tleblower-retaliation/
Government Watchdog Conducting New Investigation Into Pentagon Whistleblower
Retaliation
By Jenna McLaughlin, The Intercept
13 December 16
he watchdog wing of Congress has quietly launched an investigation into the
"integrity" of the Pentagon's whistleblower protection program. The
previously unreported investigation, started in late October, expands on an
ongoing effort by the Department of Justice on this same issue.
The Government Accountability Office, which serves as the investigative arm
of Congress, has been looking into the extent to which Department of Defense
whistleblower policies "meet executive branch policies and goals," reassure
employees of their rights to raise concerns "without fear of reprisal," and
require officials to report to Congress, among several other areas of
concern.
The GAO launched its new investigation on October 27, according to a memo
reviewed by The Intercept. A spokesperson for the GAO confirmed the letter,
though noted that the investigation was delayed, and there is no estimated
release date yet.
The nonprofit Government Accountability Project, which is devoted to
protecting whistleblowers, provided The Intercept with documentation on the
new investigation. According to the group, the investigation will also
likely target senior Pentagon officials accused of destroying evidence that
would have exculpated former senior NSA official Thomas Drake, who raised
internal complaints about what he believed to be NSA misconduct and waste
before ultimately approaching journalists.
Rather than having his concerns acknowledged, Drake spent months fighting
charges against him under the Espionage Act, ultimately pleading guilty to
just a single misdemeanor. His career in the intelligence community was
ended, however.
"Bureaucratic abuses of power are the primary reason otherwise circumspect
national security whistleblowers leak to the media. It is too dangerous to
work within an untrustworthy system," Tom Devine, legal director of the
Government Accountability Project, wrote in a statement praising the
intensified effort to uncover abuses against people, like Drake, who speak
out about potential government abuses.
The new effort also follows conclusions made last spring by a separate
government watchdog group, the Office of Special Counsel, which is
specifically tasked with providing protection to federal whistleblowers. The
OSC said there was "substantial likelihood" senior Pentagon officials might
have violated "laws, rules or regulations" in Drake's case by destroying
records of his cooperation with Congress and a Pentagon audit concerning his
complaints.
The Department of Justice originally said the destruction was "pursuant to a
standard document destruction policy," but that assertion has since been
challenged by Drake's lawyers and the OSC.
"I'm glad to hear that GAO is looking into how a whistleblower's protected
whistleblowing disclosures were destroyed when they were potentially
exculpatory evidence in an ongoing criminal case," Jesselyn Raddack, Drake's
attorney, wrote in an email to The Intercept. "GAO should also investigate
how a whistleblower, Drake, ended up being targeted and raided by the FBI in
the New York Times leak investigation when he had no involvement in the
leak. Hopefully GAO does an aggressive and thorough investigation and
recommends meaningful consequences for the officials responsible."
John Crane, formerly the assistant inspector general in the Pentagon,
revealed his role in attempting to protect Drake's identity and investigate
the document destruction involved in his case last May - an effort he claims
cost him his job. Crane believes the DOJ and now GAO investigations are
vital to repair a broken system of accountability and protection for those
willing to identify wrongdoing at personal risk.
"The pattern of events" launched by Drake's persecution and what followed
"are troubling to someone who as assistant inspector general at the DoD
helped to craft the Whistleblower Protection Act to protect the disclosure
of classified information provided by whistleblowers," he told The
Intercept.
Crane says he became aware of the new GAO investigation recently. The agency
does not publicly announce its investigations as a matter of policy.
The implications of the investigation may eventually be important for
evaluating the actions of former NSA contractor Edward Snowden, who leaked a
massive trove of documents revealing the agency's worldwide surveillance
regime, Crane argues. "The challenge for the incoming Trump administration
is that these investigations are in effect examining whether current
Pentagon IG leadership has become an existential threat to the national
security of the United States by forcing whistleblowers like Snowden to view
the media as their court of last resort and the seek safety overseas," he
wrote in a statement.
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