Last night, Department of Energy whistleblower Joe Carson sent the following message about Tom Devine, legal director of the Government Accountability Project:
To whom it may concern in federal whistleblower community. (I am sorry if I am sending this to anyone who has asked to be removed from emails from other members of the federal whistleblower community, I tried to use a more updated list.)
in the past year, I have spent about 15K in: 1) obtaining expert, independent, legal opinion on my contentions of misinterpretation of key civil service laws since 1978, and 2) in filing briefs at US Supreme Court in a case against U.S. Office of Special Counsel (OSC). Tom Devine actively thwarted both efforts, as best I can tell – I surmise he advised OSC to do what it could to evade having the Supreme Court review how it interprets key aspects of its duties (since OSC has a mandate to “act in the interests” of feds who seek its protection, why wouldn’t it want the Supreme Court to review it interpretations of law – in fact agencies regularly file briefs at Supreme Court basically saying “we believe we are interpreting the law correctly, but would welcome a Supreme Court review.”
I cannot tell you how many times people in media, Congress or White House have told me something like “get Tom Devine to call for an Office of Legal Counsel review to resolve your “broken covenant” www.broken-covenant.org concerns, because the media will then pick up on it, driving Congressional and Administration attention.”
He does not disagree with the legitimacy of my concerns about 34 years of lawbreaking at OSC/MSPB and Presidential level – lawbreaking by omission in what they have not done to protect feds from PPPs – all 12 varieties codified in law, not just the whistleblower reprisal variety – and have not done in ensuring OSC is able and willing to receive classified whistleblower disclosures and process them in accordance with law, including providing the mandated confidentiality to the whistleblower.
Instead his mantra is “no looking back, but we can make improvements going forward.” How convenient to his exploitative, self-serving, agenda by which we remain victims forever, precluded from any justice. Others at GAP, specifically Jess Radack will NOT take him on about it, apparently she fears for her job if she does. So she betrays GAP clients who are victims of “Obama’s war on (classified) whistleblowers.” By her sworn duties as an attorney representing such classified whistleblowers who are alleged to have unlawfully leaked classified info, she should be banging the drum that the only legally established channel by which a federal employee (or federal contractor employee) can confidentially make a classified whistleblower disclosure – OSC – is unable and/or unwilling to receive such classified disclosures (OSC has neither the special equipment nor people with the requisite security clearances). That is highly germane to Obama’s war on classified whistleblowers – that the primary lawful way Congress created to make such classified disclosures is not available to them.
Continue reading at http://www.scribd.com/doc/106111645/Joe-Carson-My-Issues-With-Tom-Devine
Nobody, and I mean nobody, is saying that Carson is wrong, or that I was wrong in my contentions against Devine, either. But almost nobody is willing to buck the system and publicly support Carson’s efforts to resolve these issues or my and others’ efforts to enfranchise whistleblowers in legislative advocacy. What do they say, behind closed doors? Here are a few categories of responses:
Those who privately acknowledge the validity of Carson’s concerns but do nothing about it: In this category fall FAA whistleblower and FAA Whistleblowers Alliance director Gabe Bruno and TSA whistleblower Robert MacLean. Bruno is loathe to “alienate” GAP because it can help whistleblowers, including FAA whistleblowers, achieve the 2% success rate at the MSPB. MacLean is Devine’s client. Neither have done much, if anything, to advance Carson’s concerns.
Those who defend Devine on the grounds that he’s a good guy who helped them with their cases, but say nothing about miscellaneous concerns about Devine: Marine Corps whistleblower Franz Gayl and White House whistleblower Gordon Hamel, who were represented by Devine in their cases.
Those who defend GAP but say nothing about concerns about Devine: NSA whistleblower Thomas Drake.
Those who impart advice about advocacy tactics, civility, respect, etc. but say nothing about concerns about Devine: PHS whistleblower Don Soeken, FAA whistleblower Gabe Bruno, and Emory whistleblower James Murtagh.
These are serious issues. We can’t afford to waste time with power games and whisper campaigns because of a sense of indebtedness to Tom Devine. For people who themselves spoke out against wrongdoing and wanted to be heard on the merits, it’s highly hypocritical to dismiss or consciously ignore allegations of wrongdoing within the community on the basis of personal loyalty or fear of upsetting the status quo. Carson is correct: there won’t be peace in the community until these issues are addressed and resolved.