All Things Whistleblower: A GAP Blog

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.

Scott Bloch Testifies Today

Today, Special Counsel Scott Bloch, of the U.S. Office of Special Counsel (OSC), will testify before the Senate subcommittee responsible for oversight of his agency. The OSC is the government office tasked with protecting the merit system in general. Its primary focus is supposed to be protecting government whistleblowers. 

By all measurable standards, the OSC under Special Counsel Bloch has suffered. Self-reported “corrective actions” on behalf of government whistleblowers are down nearly two-thirds since Bloch arrived, despite a significant increase in the number of retaliation complaints OSC processes. Meanwhile, the agency charged with protecting whistleblowers has been plagued with numerous allegations of internal reprisals, and Special Counsel Bloch is being investigated for harassing his own staff. Let’s hope the Senators at today’s hearing remind Special Counsel Bloch why the taxpayers spend $16 million a year to fund his agency.

-- Adam Miles