Following orders

Those who are puzzled by the claims of some Abu Ghraib prison guards that they were just following orders should tune into the recorded May 13 edition of NPR radio's Talk of the Nation program. The discussion, titled, "Following Orders," features guests Stuart Herrington, a former Army intelligence officer, Penina Glazer, co-author of The Whistleblowers: Exposing Corruption in Government and Industry, and Tom Devine, legal director of the Government Accountability Project.

The panel examined also the larger context of ethical violations in the workplace, and employee motivations to report them - or not. While acknowledging the obligations of workers to disclose misconduct, the panel also noted that whistleblowing is a precarious activity. That is particularly true in the case of federal civil service employees, for whom the Whistleblower Protection Act (WPA) is like a bad joke, said Devine. He pointed out that the federal court that hears such cases has found in favor of the whistleblower only once in more than 80 cases. That is a good argument, we think, for immediate passage of legislation, too long pending, that would put teeth into the WPA.

Iraq abuse whistleblower is protected...maybe

Last week, ABC news featured the story of Joe Darby, the Army specialist who blew the whistle on U.S. abuses of prisoners in Iraq. Since then, the abuses he revealed have become the subject of international outrage and Congressional investigations. Darby's family, friends and neighbors say they are proud of him. But, they fear for his safety. ("Whistleblower's family fear for his wellbeing")

Others, too, fear for Joe's safety. They include Senators Charles Grassley and Patrick Leahey, and the National Whistleblower Center, who have written Defense Secretary Rumsfeld to urge protection of Darby and other whistleblowers under authorities of the Armed Forces Protected Communications Act. According to the source of this story, govexec.com, a Pentagon spokesman said armed forces personnel who report improper actions are protected by the Uniform Code of Military Justice, and added,

"If I witness wrongdoing and I don't report it and it's uncovered later, then I am just as guilty as the perpetrator," said the spokesman, who asked to remain anonymous."(Italics added)

Friends, when the Pentagon spokesman is afraid to attach his name to a promise of protection, what potential whistleblower should feel safe to speak?

Congress ignores whistleblowers' plight

At televised Congressional hearings into the September 11 attacks, whistleblowers have provided key testimony, shedding valuable light on mismanagement of national security programs. But cameras are typically absent when whistleblowers return to their agencies, and the wrath of supervisors. As a result, few Americans know how roughly most federal whistleblowers are treated, or that current laws fail to shield the truthtellers from tragic outcomes. Still fewer know that Congress has been sitting on legislation that would safeguard ethical civil servants.

It is a little publicized fact that, well before September 11, 2001, public interest groups were pressing Congress to pass stronger whistleblower protections. Such protections would have prevented much of the neglect and corruption that left the nation vulnerable to terrorist attacks. Even after September 11, two whistleblower bills (H.R.3281 in the House of Representatives and S.1358 in the Senate) have gathered dust in Capitol Hill offices. Interestingly, Congress passed legislation (Sarbanes-Oxley) a year ago that gave protections to private sector whistleblowers; but it continues to deny similar protections for federal workers. Americans should be asking, why?

Publicly, members of Congress continue to gnash and wail at hearings on national security failures. But, privately, they have neglected legislation that would discourage official wrongdoing by protecting witnesses. The bare facts suggest that Congress is enabling the very problems it claims to find disturbing. The 9/11 families, and all other Americans, deserve an explanation.

About Deep Harm

The Deep Harm Weblog is an online journal of news and commentary examining the role of whistleblowers in uncovering government failures that left the nation vulnerable to "deep harm" on September 11, 2001, and afterward. Edited by a government whistleblower and including observations of guest whistleblowers (anonymously, in most cases), the weblog will offer unique insights into the war on terror.

The new Deep Harm weblog

After an extended hiatus, the Deep Harm weblog has returned to regular publication, with a new focus and a new design, including photos and reader comments. Our thanks to Blogger for adding new features that make it possible.