NPR: Supreme Court Sides with Whistleblower in Retaliation Case
Yesterday, the Supreme Court unanimously ruled that the First Amendment protects public employee whistleblowers from retaliation when they make truthful statements while giving compelled testimony. This decision in the case of Lane v. Franks has positive ramifications for future whistleblowers and the U.S. legal system, which cannot function unless witnesses have the right to answer questions about corrupt activities without fear of retaliation.
Lane v. Franks centered on the firing of Charles Lane, a community college employee who exposed that an Alabama state legislator was collecting a paycheck from the college while performing no work. Lane revealed his information when subpoenaed by federal investigators.
GAP previously filed an amicus curiae brief with the Court urging this outcome. GAP Legal Director Tom Devine commented on the decision:
All whistleblowers should be grateful that the Supreme Court recognized their indispensible role making a difference. If not for Mr. Lane, Alabama taxpayers may still be paying a so-called employee not to work. The Court restored rights to state government workers that Congress already reinforced for federal employees in the Whistleblower Protection Enhancement Act of 2012. The decision should be applied to all contexts where public employees bear witness by testifying under oath.
The Hill: Senators Fear Plan Will Muzzle Whistleblowers
Sens. Charles Grassley (R-Iowa) and Ron Wyden (D-Ore.) sent a letter to Director of National Intelligence James Clapper asking him to explain how the intelligence community will monitor “security clearance holders without undermining legal protections for whistleblowers or constitutional protections for the separation of powers between the executive and legislative branches.”
This close monitoring of employees is one aspect of policies put forth by the Obama administration in the wake of the disclosures of NSA whistleblower and GAP client Edward Snowden. GAP has previously decried Clapper’s attempts to stop future whistleblowers, such as a March directive barring intelligence community (IC) employees from speaking to the media about intelligence-related matters, including unclassified matters, without authorization.
Key Quote: “If whistleblower communications with Inspectors General or with Congress are routinely monitored and conveyed to agency leadership, it would defeat the ability to make protected disclosures confidentially, which is especially important in an intelligence community context,” the pair wrote.
“Sometimes confidentiality is the best protection a whistleblower has.”
In addition to expressing their concerns, the two senators asked whether or not the spy chief believed that he had the authority to monitor staffers in Congress who have security clearances. If so, that could “potentially violate fundamental privileges of the Legislative Branch guaranteed in the Constitution,” they claimed.
Related Article: FireDogLake
Der Spiegel: New NSA Revelations – Inside Snowden’s Germany File
A new analysis of documents released by Edward Snowden suggests that the NSA “is more active in Germany than anywhere else in Europe – and that data collected [in that country] may have helped kill suspected terrorists.” This three-part article details the scope of U.S. intelligence facilities in Germany and the type of information the NSA targeted from these locations.
The Guardian: Lance Armstrong Fails to Have Doping Damages Lawsuit Thrown Out
A federal judge rejected Lance Armstrong’s bid to dismiss a whistleblower lawsuit accusing the cyclist and his former team of defrauding the government by conspiring to use performance-enhancing drugs. The judge said complaints were “rife with allegations that Armstrong had knowledge of the doping, and that he made false statements to conceal the doping.” Court papers show damages in the case could top $100 million.
Related: Wall Street Journal
Dylan Blaylock is Communications Director for the Government Accountability Project, the nation’s leading whistleblower protection and advocacy organization.