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Home Government Intelligence Community

Intelligence Whistleblowers Should Use “Expanded Protections” With Caution

Mary Jane WilmothbyMary Jane Wilmoth
July 9, 2014
in Intelligence Community, News
Reading Time: 2 mins read
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New intelligence community whistleblower protections lacking

On July 7, 2014, President Obama signed the “Intelligence Authorization Act for Fiscal Year 2014.” This bill includes a section providing “Protection Of Intelligence Community Whistleblowers.” These protections specify that employees who divulge information about possible misconduct within their agencies to their Inspectors General or other designated intelligence offices will be protected.

Stephen M. Kohn, Executive Director of the National Whistleblowers Center released a statement urging intelligence agency whistleblowers to use these new protections with caution:

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 “The whistleblower provisions passed in the Intelligence Authorization Act are a very small step forward. They are weak and essentially unenforceable. The provisions empower the President to exercise his discretion in determining the procedures to protect whistleblowers. None of the protections mandated by the Whistleblower Protection Act (which covers other federal employees) are included. There is no provision permitting discovery or hearings, let along judicial review. The law does not ensure due process or even stipulate the remedies for which whistleblowers would be entitled if they were to miraculously prevail in a case. The law does not provide for attorney fees to be paid to prevailing whistleblowers, who could go broke just trying to report fraud in government programs.”

 “Due to the lack of procedural protections, the law could easily morph into a bureaucratic trap leaving whistleblowers vulnerable and unemployed. The law needs to be amended to have some teeth. In the meantime, we advise whistleblowers to use these new provisions with extreme caution, if at all.”

 It should also be noted that the new provisions do not cover intelligence agency contractors.

Tags: Edward SnowdenNational SecurityStephen M. Kohn
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Mary Jane Wilmoth

Mary Jane Wilmoth

Mary Jane Wilmoth is the publisher of Whistleblower Network News, where she heads the editorial staff. She writes about breaking whistleblower news, and False Claims Act whistleblowers, SEC whistleblowers, IRS whistleblowers, FCPA whistleblowers, and CFTC whistleblowers. Mary Jane is the managing partner at the whistleblower law firm Kohn, Kohn & Colapinto, and a frequent contributor to The Whistleblower and Qui Tam Blog. She is a licensed attorney in the District of Columbia and a graduate of the University of New Hampshire School of Law (formerly Franklin Pierce Law Center).

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