All Things Whistleblower: A GAP Blog

OSC Orders Investigation Into GAP Client's Disclosures

This article from WFAA (Dallas) relates directly to the disclosures of GAP client Gabe Bruno who blew the whistle on a national security risk involving hundreds of FAA mechanics who were not properly certified or given thorough background checks.

This press release from GAP details the recent finding by the Office of Special Counsel (OSC) validating Bruno’s concern. The fraudulent certificates that these individuals obtained were given from 1995-1999: One such mechanic’s name on the list is the same name as a 9/11 hijacker, and 33 others share the same P.O. Box number in Saudi Arabia. Bruno is concerned that these individuals may still be working for commercial airliners. The OSC has ordered Department of Transportation Secretary Ray LaHood to investigate Bruno’s disclosure of “gross mismanagement, abuse of authority, and substantial and specific danger to public safety at the Federal Aviation Administration (FAA).” From the GAP release:

…[Bruno] alleged in November 2007 that the FAA lacks a national security screening mechanism for certain mechanics that received fraudulent certificates from Anthony St. George, an FAA Designated Mechanic Examiner (DME), but have refused to, or failed to fully complete, a recertification program. 

This failure creates a security vulnerability that leaves the aviation industry open to potential terrorist activity. The basis of Bruno’s national security disclosure was a list of these mechanics in question, which were fraudulently certified from 1995 to 1999…Bruno further alleged that this failure to reexamine, screen, or account for the individuals who received fraudulent certificates creates a national security and public safety risk, as these individuals may currently be working for commercial airlines.

-- Dylan Blaylock  

New Book on Whistleblowers

Just launched in mid-February from Red Hen Press, Michael B. Neff’s novel, Year of the Rhinoceros, is about whistleblowers fighting the corporate officers of the Reagan administration in 1984. Neff worked with GAP to research the subject of whistleblowers, and more specifically, the Office of Special Counsel – the oft-controversial government agency that is charged with protecting federal whistleblowers. Half of all royalties from the sale of Neff's novel will go to GAP. More information can be found at the http://yearoftherhinoceros.org

And he's gone!

Yesterday, the White House decided to remove Special Counsel Scott Bloch. And GAP is pretty happy about it. From the Washington Post:

The OSC is supposed to be a haven for federal whistleblowers and disgruntled employees. But the tables turned under Bloch, who previously worked at the Justice Department's Office of Faith-Based and Community Initiatives.

Bloch came under fire shortly after joining the whistleblower unit in 2004. Employees claimed that he engaged in political bias and improperly handled scores of cases. By his own account, White House officials twice had asked him to resign, but he refused.

Said GAP Legal Director Tom Devine: “Mr. Bloch had the same impact as Special Counsel that President Bush has had as President – utter disaster.”

GAP has been a persistent critic of Bloch during his tenure at the Office of Special Counsel. To read GAP’s detailed testimony on this issue from a July 12, 2007 oversight hearing on the office, click here.

-- Dylan Blaylock

Full Speed Ahead

This Congress Daily article details how U.S. Special Counsel Scott Bloch, whose agency is charged with protecting federal whistleblowers, announced to the President that he will be leaving his position at the end of his term, in early January. Bloch could potentially have stayed in his position until the Senate confirmed his successor.

Bloch’s tenure was mired in criticism from numerous politicians and groups, including GAP. Just some of Bloch’s scandals over the past five years include:

• Allegedly attempting to purge his office of homosexual employees
• Allegedly destroying evidence on his work computer sought by federal investigators related to the purging
• The sharp decrease, year after year, of whistleblower retaliation cases successfully represented by his office – the primary reason of its existence

You can also read the A.P. story here, GAP’s OSC page here, and Bloch’s letter to President Bush here.

And here’s to hoping the next Special Counsel can turn things around. The bar right now is quite low.

-- Dylan Blaylock

The Morning After

Yesterday, federal agents raided the Office of the Special Counsel (OSC) and the home of Special Counsel Scott Bloch, confiscating numerous computers and file data. OSC is the agency in charge of protecting federal whistleblowers from improper retaliation. GAP and other whistleblower organizations have long been critical of Bloch, accusing him of abusing his powers and not truly advocating for whistleblower rights.

While FBI spokesman would not publicly state what the nature of the raid was, Bloch has been under severe scrutiny since last November when he hired an outside service, Geeks On Call, to erase an unknown amount of information from OSC computers. Bloch has been investigated by the Office of Personnel Management’s IG over allegations that Bloch “retaliated against career employees and obstructed an investigation.”

Employees at OSC have been asked to appear next week before a grand jury about “possible obstruction of justice and destruction of federal records during an investigation.” From the LA Times:

“The Bush administration has been unable to make up its mind whether to ignore him or to act against him,” said Tom Devine, legal director for the Government Accountability Project, a whistle-blower advocacy group. “Mr. Bloch is finally being held accountable for the same cover-ups that he is supposed to be policing. It is a very positive step.”

-- Dylan Blaylock

FBI Agents Raid Office of Special Counsel

The Wall Street Journal is reporting that “more than a dozen” FBI agents served grand jury subpoenas this morning while searching the U.S. Office of Special Counsel and the home of Special Counsel Scott Bloch. According to the Journal, OSC employees say the raid is in connection with allegations of obstruction of justice by Bloch, who in 2006 used a computer service, Geeks on Call, to completely erase his work computer's hard drive. Bloch asked the company to eradicate his computer’s files as he was being investigated by the Office of Personnel Management Inspector General in connection with a complaint submitted by a group of anonymous OSC employees, GAP, the Project On Government Oversight, and Public Employees for Environmental Responsibility.

Last week, attorney Debra Katz, who represents the groups and the anonymous OSC employees, sent a comprehensive summary of Bloch’s abuses during his tenure to President Bush, and called on the President to use his authority to remove the Special Counsel “for cause.”

-- Adam Miles 

Who's Lying?

Over the last few weeks, the Federal Times has conducted an op-ed debate between GAP and leadership of the U.S. Office of Special Counsel. In a September 17 op-ed, GAP Legal Director Tom Devine and Legislative Representative Adam Miles called for Special Counsel Scott Bloch's resignation or removal. On October 9, Bloch responded that GAP's attacks were "unfounded" and "based on their own facts."   

So far nearly all the evidence on OSC's performance has come from the OSC. The factual basis for GAP's attacks was a review of the OSC annual reports. Bloch did not actually present any facts to back his assertions that GAP was dishonest in the article.   

We think in either case it is time for the focus to shift to a factual record from those who have lived through the reality of trying to seek help from Special Counsel Bloch. If you email your past experiences, we will use them for congressional advocacy in two areas. 

• New legislation to overhaul the rules for how OSC operates, including the right to know OSC's evidentiary record from investigating your case. Your comments on trying to learn what happened to your rights when you sought help -- whether and what OSC did with the evidence you presented, and whether they investigated independently -- would be particularly helpful.  

• Mr. Bloch's removal. At GAP we do not believe it will be possible to restore the OSC's credibility as long as Bloch remains in office, and it is essential to set a precedent of accountability for Special Counsels who abuse their public trust. An upcoming report by the OPM Office of Inspector General could accomplish that goal, but it is unlikely in isolation because the OIG running the case is highly political, and the probe itself has become a political football. Quite likely, the tipping point will require a record created directly by whistleblowers that reflects the reality behind both sides' rhetoric. That's the opportunity and challenge from this posting.

Please email, do not post, your experiences directly to us at either whistle47@aol.com or adamm@whistleblower.org. We are worried about possible retaliation against those who post their stories publicly here. Thank you.