Setting the record straight about the open letter to Congress to strengthen whistleblower protections

GAP and POGO are lobbying for the passage of a version of the Whistleblower Protection Enhancement Act which POGO claims is “the strongest version . . . [Senators and Representatives] think they can pass this week.” (GAP says virtually the same thing.)

In support, POGO links to an organizational letter it and GAP have drafted and circulated. POGO also links to an open letter by “prominent whistleblowers” who have “thrown their support behind this bill.” (Emphasis mine).

I can tell you that the open letter lobbies Congress to pass a strong WPEA and to specifically address five areas: retroactivity, jury trials, all circuit review, CUI/SSI loophole, and no summary judgment. The letter does not specifically support the version of the bill agreed upon these days, as described here. How do I know this? Because I wrote the letter, along with Tom Devine of GAP and Evelynn Brown of WhistleWatch.org.

That’s not to say the whistleblowers on it don’t support the current version, but we did not urge Congress to pass a bill that punts on jury trials and maybe also retroactivity and the CUI/SSI loophole and leaves the door open to summary judgment and revoking all-circuit review after 2 years.

Just to set the record straight, the open letter demands more than Congress is willing to pass at this time, and endorses nothing short of that.

So why is Congress not willing to pass a bill that’s as strong as we demanded?

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Also, the CYA disclaimer that this is the “strongest version” of the bill Congress is willing to pass should have an asterisk after it, as in:

House and Senate cosponsors of the bills to strengthen protections for federal whistleblowers and taxpayers have reached an agreement and will offer the strongest version** of the Whistleblower Protection Enhancement Act (WPEA) they think they can pass this week.

**In the absence of public outcry.

Update: Ms. Brown’s response is as follows:

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