EXCLUSIVE: WH sought to weaken law on whistleblowing

Despite its pledge to better protect federal employees who expose wrongdoing, the Obama administration privately sought to weaken protections for national security whistleblowers under legislation making its way through Congress, according to correspondence obtained by The Washington Times.

E-mails that documented the White House’s intervention show the White House counsel’s office provided its own drafts of the proposed legislation in late June and mid-July.

While strengthening protections for some whistleblowers, the drafts weakened protections for FBI employees and reduced access to jury trials for those national security workers who sue for protection from retaliation after blowing the whistle.

“Please find attached the documents the administration transmitted to the committee staff on Friday. Thanks for all your patience and help as we work together on this important legislation,” White House counsel’s office lawyer Blake Roberts wrote in one such e-mail on June 29 that accompanied marked-up copies of the bill. The e-mail and attachments were obtained by The Times from a congressional source.

Mr. Roberts declined to be interviewed Thursday. But White House spokesman Ben LaBolt described the language in the e-mails as “an early discussion draft that contained ideas advanced by various people involved in the negotiations including the Senate, the House, outside groups and others, which contained a variety of ideas advanced by various people involved in the negotiations.”

In fact, the language in the e-mails closely tracks the version of the bill passed out of a Senate committee. Nevertheless, Mr. LaBolt described the bill as a “historic breakthrough” and said, “We were very pleased that the leadership shown by the Senate and the House, not just now but over the years. … We look forward to working with both bodies of Congress as they continue to move forward on this legislation.”

Early this year, the House approved sweeping whistleblower protections similar to those promised by President Obama during his 2008 campaign.

But when the Senate Homeland Security and Governmental Affairs Committee began considering its version of the bill in the spring, the White House proposed a number of changes that were incorporated into a bill passed unanimously by the committee on July 29.

The bill initially was widely praised by whistleblower advocates. But in recent days, as details about the weakened protections emerged, criticisms have been voiced by administration allies both in the House and the private sector.

Rep. Chris Van Hollen, the Maryland Democrat who co-sponsored the House whistleblower bill and serves as liaison to the White House for House Speaker Nancy Pelosi, California Democrat, said the Senate bill “falls short of what is needed to provide whistleblowers the protections they need.”

“When it comes to national security whistleblowers, it’s still way too limited in the opportunities they have to make their case without fear of retaliation,” Mr. Van Hollen told The Times.

Whistleblower groups said they were disappointed by the White House changes.

Tom Devine, legislative director for the Government Accountability Project, said the White House changes created obstacles that could stymie national security whistleblowers, such as a new review panel to hear complaints from intelligence employees who bring allegations of wrongdoing to light.

“In reality, it just changes the drapes and the window dressing. All the hearings would still be conducted by the agencies,” Mr. Devine said.

“We have grave reservations as to what’s happening with FBI whistleblowers,” said Steve Kohn, executive director of the National Whistleblowers Center and a private lawyer who has successfully sued the government on behalf of several federal whistleblowers and bureau agents over the past two decades.

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