Recently, Andrew Bakaj and my former counsel, Mark Zaid, responded to my critique of their first piece on the state of national security whistleblower protections, stating

We disagree, however, with Eddington’s position on our recent article, where we stated that, “it is only through cases like Ellard’s that senior officials will be forced to realize that reprisal comes with consequences and that seniority will have no bearing on an investigation’s outcome.” Eddington describes this as “magical thinking,” but that view is defeated by facts, our own casework and professional experiences, as well as our recent legal victories.

The March 2 article on Just Security by Patrick Eddington, titled “Whistleblower Retaliation: A Governmental Accountability and National Security Crisis,” certainly captures not only the issues that bona fide whistleblowers have to live through after engaging in “protected activity,” but also the challenges those who investigate reprisal allegations, both within the Defense Department and Intelligence Community (IC), face by virtue of the role they serve.…   continue »

Just Security and the Center on Law and Security at NYU School of Law were delighted to host an event today for our friends from Lawfare, Ben Wittes and Quinta Jurecic, for a discussion of their essay, “What Happens When We Don’t Believe the President’s Oath?” I served as the discussant, and thought to write up some of the questions that I raised.…   continue »

The role of an Inspector General (IG) office in a federal agency or department is to root out waste, fraud, and abuse, and where necessary refer criminal conduct to the Justice Department for prosecution. But what happens when the IG itself is corrupt, especially in a national security context where secrecy can be used to conceal malfeasance?…   continue »

In a case that has been closely followed as a test for new whistleblower protections put in place by President Obama, it can now be reported that the whistleblower received restitution for his complaint, according to information provided to Just Security by a government official familiar with the case.…   continue »

NSA headquarters, Ft. Meade, Md.

In December, Adm. Mike Rogers, director of the NSA, placed the agency’s Inspector General (IG), Dr. George Ellard, on administrative leave and recommended he be removed from his position after an investigation into whether he retaliated against a whistleblower was conducted by a panel of IGs at the CIA, Treasury and Justice Department.…   continue »

Whistleblowers do a difficult thing: They often put their career and livelihood at risk standing up against their organization and disclosing information that may embarrass their colleagues and supervisors. They may find it difficult to get another job in their field.…   continue »

After the presidential election, many of those who were already working in government or who were considering joining began to ask questions about the ethics of working for a Trump Administration. One of us argued in a Just Security post that those working in the federal government should stay, even if they oppose the policies articulated by Trump during the campaign, and that students should not automatically write off applying to enter the bureaucracy.  …   continue »

To function efficiently and effectively, the government must promote whistleblowing by its employees. This is especially true in the national and homeland security contexts, where bureaucratic decisions can threaten the safety of U.S. forces, citizens, and basic liberties.

The vital role of government whistleblowers is exemplified by the case of a Marine Corps civilian scientist named Franz Gayl.…   continue »

Whatever you might have previously thought about the notion of President Barack Obama pardoning Chelsea Manning and Edward Snowden, the election of Donald Trump changes everything. The stunning new reality, and the threat it poses to Americans and non-Americans, shifts and strengthens the case for Obama to take this extraordinary step before he departs: pardoning these two most visible critics for their illegal disclosures.…   continue »