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FBI Oversight: Protecting Whistleblowers and Exposing Wrongdoing
In the mid 1990’s the Center changed the internal workings of the FBI. As a result of a First Amendment lawsuit filed on behalf of a highly decorated FBI Supervisory Special Agent, President William Clinton issued an order requiring the U.S. Department of Justice to establish adequate procedures for protecting FBI whistleblowers. Since then, the Center has been the main public interest organization supporting FBI agents who have exposed significant agency misconduct, including the illegal FBI actions at Ruby Ridge, fraudulent science in the crime lab, major breakdowns in the war on terror and illegal retaliation against agents. The Center’s work has been highlighted in numerous Congressional hearings, on 60 Minutes, Prime Time Live, and the Larry King Show. Our efforts have resulted in systemic reform of the FBI crime lab, the introduction of Inspector General oversight of FBI misconduct, the removal and discipline of supervisors who retaliated against employees or engaged in misconduct, and ongoing Congressional review of the FBI’s wrongdoing. Media Coverage of FBI Whistleblower/Accountibility Issues FBI Admits That NO Top Counterterrorism Agents Can Speak Arabic
More Articles Washington, D.C. October 11, 2006. Today the National Whistleblower Center today released a copy of a sworn affidavit of Michael J. Heimbach, the Section Chief for the FBI’s top operational counterterrorism program – the International Terrorism Operations Section or ITOS. In this affidavit, Mr. Heimbach admitted that the FBI has no agents employed within ITOS who are fluent in Arabic. He also conceded that there are “no agent positions” in ITOS that “utilize the Arabic language as part of their ITOS duties or responsibilities.” The President of the National Whistleblower Center, and an attorney for FBI whistleblowers (including Mr. Youssef), Mr. Stephen M. Kohn, issued the following statement: Five years after the tragedy of 9/11, the FBI is still unprepared to defend national security against Middle Eastern terrorist threats. The fact that the FBI’s critical operational unit dedicated to the War on Terror (ITOS) lacks even one agent fluent in Arabic is shocking. The fact that none of the FBI’s post-9/11 “vacancy announcements” for ITOS positions listed Arabic language skills or knowledge of the Middle East as either mandatory or “preferred” qualifications is simply shocking. A copy of the Heimbach affidavit is attached below. Additionally, attached is a copy of an FBI analysis of Arabic speaking agents and a copy of a report by the Department of Justice Office of Professional Responsibility (OPR) which supported assigning FBI agent Bassem Youssef (who is a fluent Arabic speaking agent) to a position in ITOS.
DOJ OPR Rules In Favor of Leading FBI Counterterrorism Whistleblower Washington, D.C.July 18, 2006. The Department of Justice Office of Professional Responsibility (“OPR”) found that the Federal Bureau of Investigation (“FBI”) violated the Whistleblower Protection Act and engaged in a “prohibited reprisal” against FBI Supervisory Special Agent/Unit Chief Bassem Youssef in retaliation for his “protected” whistleblower “disclosure.” The OPR report, released today by Senator Charles Grassley (R-Iowa), concluded as follows: “Based on the results of our investigation” OPR found “sufficient” “evidence to establish reasonable cause to believe that the FBI’s failure to [place Mr. Youssef in an operational counterterrorism position] was retaliatory.” OPR Report, p. 12. Mr. Stephen Kohn, the President of the National Whistleblower Center and Mr. Youssef’s lead attorney issued the following statement: “DOJ OPR got it right: the FBI’s failure to assign its highest ranking Arabic speaking agent to fight on the front lines in the War on Terror was reckless and retaliatory.”
PANEL QUESTIONS FBI ANALYSIS By Randolphe E. Schimd, Associated Press Writer
In seeking to tie bullets from a crime scene to others found in a suspect's possession, the FBI analyzes the lead for traces of seven other metals, a system that the report from the National Research Council said was sound. However, the study questioned a statistical analysis method known as chaining in which trace elements in a series of bullets in a box are compared. It noted that the bullets sold together in one package are not necessarily all from the same batch of melted lead. The study, which includes a series of recommendations, was first reported by The Associated Press in November. In addition to improving the science in comparing bullets, "how those findings are conveyed in court and to a jury remains a critical issue," said Kenneth O. MacFadden, an independent consultant in research and analytical management based in Chestertown, Md. MacFadden, chairman of the committee that prepared the study, said he considered the most urgent recommendation in the report is to have FBI witnesses in criminal cases more clearly explain the limits of bullet testing procedures. The FBI's lab director, Dr. Dwight E. Adams, said Tuesday that the report "is only going to improve the technology that we currently use." He noted that it recommended that FBI enhance — but not stop using — the chaining technique. "They found that this technique was a reasonably accurate way of determining whether two bullets came from the same volume of lead," Adams said. The method in question is a "little used test," he said, adding that it has only been used in about 2,500 cases since 1980 and mentioned in court testimony about 500 times since then. Jack King, a spokesman for the National Association of Criminal Defense Lawyers, said the report "will affect cases on direct appeal, I believe." "They cannot match lead samples like fingerprints" but when an FBI scientist gets on the stand, it gets more credibility from the jury than it deserves, King said. Analysis of the metal content of bullets is used when bullet fragments are too small or damaged to compare the marks left on the slug by the barrel of the firearm. The goal is to determine if the bullet from the crime matches other bullets found in the suspect's possession or weapon. In chaining, researchers compare the amounts of trace elements in a series of bullets in a box. MacFadden said it's like saying bullet A is like bullet B and B is like C and C is like D and so on, and then concluding that means A is the same as E because they are part of the same chain. The committee said this can lead to an artificially large group of bullets that are considered identical, "when this would not be true if other statistical methods were used." The bureau told the committee that it no longer uses chaining. The FBI procedure could result in a high-false positive rate but reduces the chances of a false negative, explained committee member Karen Kafadar of the University of Colorado. The method recommended by the committee would allow the lab to calculate the rate of false positives and negatives, she said. That information would help jurors better evaluate testimony, added MacFadden. The overall concept of analyzing the set of trace elements is sound, the committee said, but "the FBI Laboratory's practices in quality assurance must be improved significantly to ensure the validity of its results." The rate of lab error is unknown at the FBI, the committee said, because the agency does not have a program of testing its examiners by an external agency and "its internal program does not appear to be designed to determine an error rate." In addition, the committee noted that while all bullets from a large batch of lead may be identical, that doesn't mean that all the bullets in one box being sold came from the same batch, since bullets from various batches may be mixed together. "The available data do not support any statement that a crime bullet came from, or is likely to have come from, a particular box of ammunition," the committee concluded. The findings are the latest in a string of controversies and embarrassments to hit the FBI lab, which pledged to remake itself after a scandal in the 1990s over bad science. The study was requested by the FBI. The National Research Council is the principal operating arm of the National Academy of Sciences, a private institution chartered by Congress to advise the government on scientific matters. FBI Whistleblowers Face More Retaliation Washington, D.C.- Nov. 11, 2002. Three FBI whistleblowers, whose allegations were recently featured in the national news, have been hit with yet more retaliation. The retaliation ranges from threatening letters and poor performance reviews to public humiliation. According to a statement release by the Executive Director of the National Whistleblower Center, Kris Kolesnik, "These events demonstrate the need for increased whistleblower protection for FBI employees in order to ensure the safety of the American people in the post 9-11 environment." Media coverage of these recent events and supporting statements and letters from Senators Patrick Leahy and Charles Grassley are linked below: Minneapolis Star Tribune article, 10-22-02 FBI Whistleblower Reports Theft from Ground Zero Washington, D.C. - Oct. 8, 2002. A FBI Agent has accused bureau investigators of stealing a Tiffany crystal globe from the World Trade Center ruins. Special Agent Jane Turner of the FBI's Minneapolis office said she turned the globe over to the Justice Department's inspector general's office after local FBI officials would not act on her complaint. The globe was taken from Ground Zero by FBI agents from the Minneapolis field office who were investigating a company for stealing item from the World Trade Center site. The Agents gave it to a secretary in the office, as a souvenir. Agent Turner decided to blow the whistle after her superiors wouldn't do anything about her complaint. Her allegation is now under investigation by the Inspector General of the Department of Justice. Senators Charles Grassley and Patrick Leahy, are pressing FBI Director Robert Mueller to promise that there will be not retaliation against Agent Turner. Senator Grassley gave a speech on the floor of the Senate relating Agent Turner's case to emphasize the importance of the whistleblower protection provisions in the FBI Reform Bill. Click the links to view the following: Senator Grassley's floor statement, October 8, 2002: page 1, page 2, page 3. CBS's 60 Minutes to Feature FBI Whistleblower Retaliation
Washington, DC, November 22, 2002-This week 60 Minutes will do a follow-up to the October 27, 2002 story which presented concerns raised by two FBI whistleblowers about a dysfunctional FBI and the impact it has on the public safety. One of the whistleblowers featured is currently employed as a Unit Chief within the FBI's Office of Professional Responsibility. It is very rare for 60 Minutes to do two feature stories on the same issue in such a short time period. This demonstrates the significance of what has occurred to Unit Chief (UC). Shortly after his appearance on 60 Minutes, UC Roberts was subjected to sharp retaliation. He was verbally disciplined in a heated meeting by his superiors and publicly humiliated by the reading of the 60 Minutes transcript during an "all employees" meeting where his subordinates were encouraged to criticize him. These events demonstrate the need for increased whistleblower protection for FBI employees in order to prevent such retaliation and to ensure the safety of the American people in the post 9/11 environment. DOJ Inspector General Finds Misconduct OIG Concludes that Current FBI Assistant Director Van Harp Year Long Review of FBI "Double Standard" Disciplinary Process Washington, D.C. - November 15, 2002. Today the U.S. Department of Justice Office of Inspector General (OIG) released its report, "A Review of Allegations of a Double Standard of Discipline at the FBI". This report was based on allegations provided to the OIG by an FBI employee, John Roberts, who is currently employed as a Unit Chief within the FBI's Office of Professional Responsibility.
FBI Reform Bill Approved by Senate Judiciary Committee Washington, D.C. - April 25, 2002. The Federal Bureau of Investigation Reform Act of 2002 was approved by the Senate Judiciary Committee. This bi-partisan bill will give the Department of Justice's inspector general authority to over see the FBI, which is an important step in obtaining accountability from the FBI. The Act also gives FBI whistleblowers the same rights given to other federal employees by the Whistleblower Protection Act of 1989. "The reforms cannot be made soon enough, " stated Kris Kolesnik, Executive Director of the National Whistleblower Center, "this was a necessary step taken by the committee with oversight responsibility and its a longtime coming." Mr. Kolesnik further added, "The Whistleblower provisions in particular promise to be much more effective than under the current process. If you are an FBI agent wanting to disclose wrongdoing in the FBI your chances of being successful will now be much greater." Visit the NWC's Employee Rights page.
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WASHINGTON - A scientific panel is questioning a method used by the FBI to match bullets from crime scenes, a finding that could give defense lawyers a new route to attack prosecution evidence. 
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