Boiling Frogs Post Takes Obama White House to Task on Position on Protection for Whistleblowers

Boiling Frogs Will Host a Public Debate on the Whistleblower Protection Enhancement Act


Boiling Frogs Post has invited Mr. Norman L. Eisen, Special Counsel to the President for Ethics and Government Reform, and Mr. Stephen M. Kohn, Executive Director of the National Whistleblowers Center, to publicly debate on the Whistleblower Protection Enhancement Act on Wednesday, March 24 at 1:30 p.m.  The bill as proposed by the Senate (S. 372) has drawn mixed reviews from both sides of the political spectrum. 

Mr. Eisen has been invited to discuss how the bill may affect and contradict the White House’s previously emphasized and publicized mission to increase transparency in government, and respond to criticisms that the Senate version of the bill repeals existing FBI whistleblower protections.  Mr. Kohn is an attorney who represents whistleblowers, and he has been invited to explain how the legislation will impact cases for national security whistleblowers who face retaliation. 

Prior to his election, during his campaign, President Obama had pledged his support for protecting national security whistleblowers, and had done so on record. However, since then Obama’s White House has backed away from that pledge. Thus, this debate is designed to help give the public a better understanding of the Whistleblower Protection Enhancement Act, and give them a chance to hear the Obama administration’s ‘real position’ on increasing government transparency by providing protection for government whistleblowers.

The debate will last approximately one hour, and will be moderated by Peter B. Collins. We will keep you posted. Please stay tuned.

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  1. jpcarson says:

    I received a notice from FBI, dated February 22, that it is working on my FOIA request for records related the FBI Director’s duty to uphold the “merit system principles” (see 5 U.S.C. 23010by ensuring FBI employees are adequately protected from their violation (which are termed “prohibited personnel practices (PPP’s, 12 types of PPP, including whistleblower reprisal, are codified at 5 U.S.C. 2302(b)). I will call next week to follow-up.

    However, based on FOIA responses from many agencies to similar requests, I am quite confident that the current/former Director of the FBI, from 1979, cannot tell FBI employees, based on objective evidence, that they are “adequately protected from prohibited personnel practices (PPP’s)” – i.e. FBI violations of the “merit systems principles” – the core values of the federal civil service, which apply in FBI as other agencies.

    Why? An essential reason is that the U.S. Merit Systems Protection Board (MSPB) has a positive duty – in all parts of Executive Branch, including White House – anywhere some version of the “merit principles” apply – to conduct “special studies” to determine whether federal employees are adequately protected from their violation – i.e. from PPP’s (see 5 USC 1204(a)(3)). But it has not complied with this duty in 31 years, since its creation in 1979, and is unable to state whether federal employees – anywhere in Executive Branch – are adequately protected from PPP’s.

    I suggest that inability of Directors of FBI to comply/demonstrate compliance with this vital duty to FBI employees – a result of 31 years of MSPB lawbreaking – should be an argument against S.372 being passed, at least at this time. National Whistleblower Center is leading the effort to prevent passage of S.372. I think I can persuade one or both of my Senators (TN) to oppose S.372 if NWC “links arms” with me about exposing and correcting MSPB’s non-compliance with its “special studies” duty and in efforts to have FBI assessed to determine if its employees are adequately protected from PPP’s (of all types, not just reprisal.)

    A federal workplace that allows any kind of PPP to occur probably allows every kind of PPP, including reprisal, to occur. A federal workplace that allows PPP’s to occur probably allows other violations of law, abuse of authority and other corruption and dysfunctionality. To focus overmuch on the whistleblower reprisal type PPP, in my opinion, causes one to “miss forest for trees” about the overall viability of the merit system principles in a federal workplace. Much, if not most or almost all, existing civil service law does not distinguish between types of PPP.

    I hope the debate allows Mr. Kohn a chance to ask Mr. Eisen whether he can state that his employees at White House (or other White House employees) are “adequately protected from PPP’s” based on objective evidence.

    Joe Carson

  2. @ Joe Carson:Always good to hear from you, and thank you for your kind donations to BFP. You have tons of knowledge in this area; first hand. Hope to see more comments from you here at BFP; especially on the upcoming debate.

  3. Sibel hi,

    I’m looking forward to this debate. It’s always good to see clearly on matters. S. 372 is an important Bill I for one am not versed on.
    Thank you.

  4. JamesLaffrey says:

    Admirable, public effort.

    If this pressure on our criminal government results in at least a temporary reduction in government suppression and oppression of whistleblowers, then I’d call it a success.

    Of course, we hope to be governing after the election of 2012, when we will fix this from the top.

    Best regards,

  5. Good luck SIbel.

    With Mr Eisen in the room, it would also be nice to hear an update on Holder’s April 09 statement:
    “On the basis of the two, three cases we’ve had to review so far, I think that the invocation of the doctrine was correct. We – reversed – are in the process of looking at one case. But I think we’re very likely to reverse it.”

    What happened to that?

  6. Sibel,

    I just clicked your link

    and signed the email letter.

    What an OutRage this Bill is.
    It is unbelieveable to me how whistleblowers are Punished for upholding the Oath they have taken. Maybe that’s why.

    An Oath to the Constitution is supposed to mean something. So many in government now could take a lesson from Americans like you and your fellow whistleblowers. Instead they apparently believe the Constituion is a quaint piece of paper, but not worth their quaint little Oath.

    Oh yeah, I do know too.

  7. ZicaTanka says:

    Right on, Ms. Edmonds! Thanks, Joe Carson!

    I can’t say enough for those of us who can only contribute money. We are forever in your debt.

    BTW, Sibel, nice mugs! Thanks to Mr. Jamiol.

  8. cinderman says:

    It’s been my experience that whistleblowers are always castigated, castrated, chastised, or cremated. I’ve been there, done that, had some success mixed with a lot of social ostracism & alienation (what a great word, btw!). Look what happened to scientists Kelly & Ivins. Or writer Gary Webb. I knew for a fact he was right – I’ve got a lot of high friends in low places 🙂

    Speaking truth to power is in itself a dangerous act… more like a tightrope walk over the grand canyon. The great abyss awaits those who take the chance over someone greasing the line. So Sibel, you walk on hallowed ground. My only advice is tread lightly when you are walking on the precipice. I wish you well and admire your courage to keep up the good fight. You must have some good muster on your side, it’s probably the only thing keeping you out of the tank.

  9. ZicaTanka says:

    KF, I’m a little tipsy, so please forgive me.

    Cinderman, Simon, and Mr.JamesLaffrey: Get off.

    I know you are more important than most of us. That’s why I’m asking you to all gather in Mr.JamesLaffrey’s EqualSign. Somehow, I know that you will cancel each other out.

  10. cinderman says:

    Mr (Ms?) Zica Tanka… maybe better that you don’t write when you’re inebriated. You might make more sense. Please try and stay on topic, and lay off on the ad hominem attacks. They will get you nowhere… fast. And even deleted! I’m here for productive info, not personal vendettas. My only agenda is to learn and be aware. And yours?

  11. .
    See that which cannot be seen.
    Understand the Way of other disciplines.
    Think honestly within yourself in your dealings with all men.
    Know the difference between right and wrong in the matters of men.
    Do not waste time idling or thinking after you have set your goals.
    -Musashi (ca. 1630)

  12. ZicaTanka says:

    You’re right, cinderman. Thank you and good night.


    WASHINGTON, March 17 /PRNewswire-USNewswire/ — The US Department of Justice has been formally asked to begin regulating the American Israel Public Affairs Committee (AIPAC) as the foreign agent of the Israeli Ministry of Foreign Affairs. A 392 page legal filing presented by a four person IRmep delegation in a two hour meeting with top officials of the Internal Security Section substantiated the following case for AIPAC’s immediate registration.

    Hoka Hey

  14. ZicaTanka,

    KF 2, Sibel 0.

    Apologies that is.

  15. Kingfisher says:

    “KF 2, Sibel 0.”

    I am not against Sibel. She is a brave woman whom I admire, and she has done a great service for our country in helping to expose cases of public corruption. The record will show that I have defended the veracity of Sibel’s case and the issues it exposed on several occasions. I post here at the discretion of Sibel. There is no competition.

    Do we disagree on things? Absolutely, reasonable people can do that.

    For example, like Sibel I believe the criminal activities of certain members of the Turkish and Israeli lobby should be stopped, and the perpetrators punished. I however, am firmly against the Armenian Genocide resolution. I do not believe these two positions contradict each other.


  16. What a horrid existence with these fascist scumbags running around drug dealing, thieving, committing genocide, ethnic cleansing and crimes against humanity and freaking getting away with it.


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