The elephant in the federal whistleblower community

Last night, DOE whistleblower Joe Carson sent the following message about Tom Devine, legal director of the Government Accountability Project:

Nobody, and I mean nobody, is saying that Carson is wrong, or that I was wrong in my contentions against Devine, either. But almost nobody is willing to buck the system and publicly support Carson’s efforts to resolve these issues or my and others’ efforts to enfranchise whistleblowers in legislative advocacy. What do they say, behind closed doors? Here are a few categories of responses:

Those who privately acknowledge the validity of Carson’s concerns but do nothing about it: In this category fall FAA whistleblower and FAA Whistleblowers Alliance director Gabe Bruno and TSA whistleblower Robert MacLean. Bruno is loathe to “alienate” GAP because it can help whistleblowers, including FAA whistleblowers, achieve the 2% success rate at the MSPB. MacLean is Devine’s client. Neither have done much, if anything, to advance Carson’s concerns.

Those who defend Devine on the grounds that he’s a good guy who helped them with their cases, but say nothing about miscellaneous concerns about Devine: Marine Corps whistleblower Franz Gayl and White House whistleblower Gordon Hamel, who were represented by Devine in their cases.

Those who defend GAP but say nothing about concerns about Devine: NSA whistleblower Thomas Drake.

Those who impart advice about advocacy tactics, civility, respect, etc. but say nothing about concerns about Devine: PHS whistleblower Don Soeken, FAA whistleblower Gabe Bruno, and Emory whistleblower James Murtagh.

These are serious issues. We can’t afford to waste time with power games and whisper campaigns because of a sense of indebtedness to Tom Devine. For people who themselves spoke out against wrongdoing and wanted to be heard on the merits, it’s highly hypocritical to dismiss or consciously ignore allegations of wrongdoing within the community on the basis of personal loyalty or fear of upsetting the status quo. Carson is correct: there won’t be peace in the community until these issues are addressed and resolved.

2 thoughts on “The elephant in the federal whistleblower community

  1. I don’t know who Tom Devine is, but I do know that he ignored my requests concerning some of the most egregious verified corruption and verified high crime in government operating out of the Defense Contract Management Agency, Boston, Massachusetts.

    Some of the conduct includes, the cruel and unusual punishment of framing innocent employees, promotion fixing, fraudulent promotion certifications, rigged investigations, heinous and violent acts against women (and children), well-planned discrimination and egregious retaliation, to include ignoring hate activity in the form of a leaving a “Nigger Application for Employment,” “Nigger graffiti” and KKK type nooses on the desk of black federal employee, Brownell Franklin.

    Brownell was a dedicated and committed Quality Assurance DoD employee in Alabama who endured months of retaliation for doing his government job, only too well. He allegedly died of a “heart attack” at the age of 42. Unfortunately Brownell’s “suspicious” death garnered no interest from the entire DoD chain of command, the OSC, EEOC, MSPB, DOJ IG Glenn Fine and all other law enforcement.

    Despite photographs, and copies of the documents, which I received from Brownell in my official role at the DCMAE, my firsthand account and the official evidence record, in a March 28, 2005 letter from FBI Supervisory Special Agent John T. Foley he writes in part: “Inasmuch as there is no substantive proof of your allegations and no interest in the prosecution of such matters, here will be no further investigation of this matter conducted by this office.”

    Despite official corruption being a high priority on FBI Director Robert Mueller’s list, when the FBI says there is “no interest,” there is no interest.

    For those of you seeking the answer on how and why official corruption and high crime in government is allowed to flourish, I have bad news, good news answers:

    The bad news:

    1. The first answer can best be summed up in the words of former DCMAE Chief Counsel Bruce Krasker, when I asked why he was allowing an innocent (sickly, elderly employee’s verified) frame up, he said: “We (the Legal Directorate) can do anything we want. It’s called gaming. We can deny, we can delay…dismiss. We can manipulate the system any way we want.”

    2. Official corruption and high crime in government pays and it pays big. In fact, corruption and crime is the new normal in America and they don’t even try to hide it.

    The good news:

    Good news may lie in the fact that the statute of limitations has not run on the conduct outlined in my 30-page affidavit.

    The formula and remedy to apply this “good news” is for someone in the whistleblower community to petition a Congressperson to introduce legislation for a complete investigation. An investigation would trigger national media attention and hold those accountable for malfeasance, misfeasance and non-feasance in the performance of their job and the theft of honest government services.

    I don’t know about you, but I nominate David Pardo to head up such a project.

    What say you?
    Boston, Massachusetts

    • I appreciate that you thought of me but my focus is on more systemic issues relating to the conduct of the accountability offices like OSC, OIG, and MSPB, the resolution of any performance issues would allow them to investigate situations like the ones you mentioned.

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