Dissenters’ Digest takes a look back at news stories covering whistleblowers, watchdogs, and government accountability. Look for it every other Saturday evening at www.dissentersdigest.com.

Chilling Effect: Acting ATF Director B. Todd Jones spoke in an internal video to ATF employees where he appeared to admonish his subordinates not to blow the whistle outside the chain of command, lest they face “consequences.” He did not mention they have the right to do so under numerous laws, including the Whistleblower Protection Act of 1989 and the Lloyd-La Follette Law of 1912, which allows civil servants to communicate with Congress without prior restraint. Sen. Chuck Grassley and Rep. Darrell Issa are investigating.

If Nixon had Keylogging Software: The New York Times reported last week that the Food and Drug Administration’s suspected surveillance of whistleblowers is bigger than previously believed, and includes tracking of sources outside the agency.

The FDA reportedly has developed an “enemies list” to push back against negative coverage of its oft-criticized review of drugs and medical devices. The list includes not only scientists employed within the FDA, but also congressmen, journalists, and outside medical researchers. These efforts have resulted in the collection of some 80,000 pages of documents that include private emails to Congress, draft whistleblower retaliation complaints, and communications with journalists and attorneys.

Senator Chuck Grassley took the lead in expressing outrage against what he previously called FDA’s “Gestapo” tactics.

Grassley’s review includes a demand for the legal memo authorizing the spying campaign, which began in mid-2010. Expect the focus to shift to FDA’s past and current chief counsels.

What’s In Your Wallet?: The Consumer Finance Protection Bureau announced its first enforcement action: a $210 million settlement with Capital One for deceptive marketing practices.

The allegations include misleading consumers about the benefits of Capital One products, which were not always depicted as optional. Some consumers were knowingly sold products they could not utilize, and others succumbed to “high-pressure tactics” to buy add-ons like payment protection and credit monitoring. In some instances, Capital One enrolled consumers in products without their consent, or led them to believe there was no additional cost.

Capital One will fully refund its customers at a cost of $140 million and pay another $25 million to the CFPB and another $35 million to the Office of the Comptroller of the Currency, totaling $210 million.

In other news, in-house corporate attorneys are concerned about CFPB enforcement actions.

Full disclosure: I have a Capital One card in my wallet.

Below the Fold:

–An environmental watchdog takes a look at Governor Romney’s anti-civil service track record in Massachusetts.

–24 percent of Wall Street executives believe they need to break the law to succeed; 16 percent would commit insider trading if they could get away with it, according to a survey done by the whistleblower law firm Labaton Sucharow.

–The Justice Department and the FBI are reviewing thousands of criminal cases to determine whether any defendants were wrongly convicted because of flawed forensic evidence. The whistleblower who first brought this to light almost 20 years ago will be monitoring progress. Legislation has already been introduced.

–A Navy whistleblower is now in charge of investigating whistleblower cases in the Defense Department.

–Penn State officials knew.

–A federal district court judge blew the whistle, in a way, about coercive plea bargain tactics that demand waiver of appeal rights in lieu of going to prison on unreasonably heavier charges.

–Some news outlets let political operatives approve quotes before they appear in print. Why not also let them write the articles?

–FDA isn’t the only agency snooping on its employees.

–Treasury officials, unauthorized gifts, prostitutes, and golf.

–The American Federation of Government Employees reached an agreement with the TSA to provide TSA officers personnel appeal rights at the Merit Systems Protection Board.

–The Equal Employment Opportunity Commission approved an 18-year-long race discrimination class action lawsuit brought by U.S. Marshals against the U.S. Marshal Service.

–The White House issued a memo to strengthen the rights of service members who return home and seek to reintegrate into the working force.

Send tips to dissent@dissentersdigest.com.

Dissenters’ Digest takes a look back at the week’s stories covering whistleblowers, watchdogs, and government accountability. Look for it every Saturday evening at www.mspbwatch.net/digest.

Justice Department Indicts Former CIA Officer, Whistleblower, and Torture Opponent: NPR reports that John Kiriakou, a former CIA officer and outspoken torture opponent, has been charged with violating the Espionage Act by sharing secret information with reporters. The Government Accountability Project notes that Kiriakou is the first and only person to be indicted by the U.S. government who is associated with the Bush Administration’s torture program. GAP further notes that Kiriakou is the sixth whistleblower to be prosecuted by the Obama Administration. Emptywheel has additional coverage.

Watchdog Uncovers State Department Memo Casting Doubt on Legality of Bush Administration’s Interrogation Techniques: As reported by Firedoglake, a 2006 State Department memo casting doubt on Justice Department arguments approving the CIA’s “enhanced interrogation techniques” has been uncovered. The author of that memo, Philip Zelikow, was a counselor to Secretary of State Condoleezza Rice. It is believed that the Bush Administration attempted to destroy all copies of that memo, but the non-profit National Security Archive obtained one from the State Department through a Freedom of Information request. Emptywheel has additional coverage. Zelikow’s memo can be found here.

New York Times Report Portrays FDA as Victim of White House Politicization: The New York Times reports that FDA officials were instructed to reverse decisions such as publicizing the caloric content of movie-theater popcorn. The overall tenor of the piece portrays White House officials as shrewd and pragmatic, with FDA officials seen as public-minded, if not “naive.” However, there may be some image management going on following recent and troubling reports of retaliation and spying on whistleblowers, who came forward to allege corruption within FDA and the improper approval of unsafe medical devices. The Office of Special Counsel has opened an investigation into these allegations. GAP and the National Whistleblowers Center have coverage of the FDA.

Below the Fold:

–President Obama signs the STOCK Act, requiring financial disclosure by members of Congress and federal executives.

–Lavish Las Vegas conference costs top GSA officials their jobs. Congress is said to investigate.

–The Obama Administration quietly appoints a new FAA chief counsel with extensive ties to the White House.

–EEOC is urged to tackle conflicts of interest in discrimination complaint process.

–The U.S. government aims to protect secrecy in Bradley Manning’s court martial.

–The Office of Special Counsel is currently experiencing an 8-9 month delay in processing FOIA requests, according to recent communications with its FOIA officer.

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