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Tom Devine, GAP Legal Director
202.408.0034 ext 124, cell 240.888.4080
whistle47@aol.com
Adam Miles, GAP Legislative Representative
202.408.0034 ext 132, cell 202.276.2007
adamm@whistleblower.org
WASHINGTON - Today, the Government Accountability Project (GAP) released Running the Gauntlet: The Campaign
for Credible Corporate Whistleblower Rights. This report surveys
the dangerous landscape of corporate whistleblower laws, and recommends strategies
for corporate whistleblowers to best protect themselves from future retaliation.
GAP Legal Director Tom
Devine, co-author of the report, explained its pressing need:
"With inspiring exceptions since 2007, a primary obstacle to helping
corporate whistleblowers has been dysfunctional legal whistleblower
protections, which lead down a treacherous gauntlet of obstacles that could
sabotage justice. But a turning point has been established in the last year
with newfound rights."
Since the last election, Congress has passed best
practices laws for specific corporate whistleblowers, including ground
transportation workers, defense contractors, and an estimated twenty million
employees connected with the manufacture or sale of 15,000 retail products.
Devine continued, "While time, and judges, will
tell if these newfound protections hold, this is a defining moment for the
future of corporate accountability. This report lays out strategies for all corporate whistleblowers, until
that day when protections are standardized, comprehensive and strong. This
report serves as a life-ring for employees stuck in the current sea of unknown
protections."
The report can be downloaded free of charge from
GAP's Web site at: https://www.whistleblower.org/doc/2008/rtgfinal.pdf
The text contrasts footnoted legal research on current
corporate whistleblowers rights as they appear in written law with the actual rights
as they are interpreted and implemented by activist judges. The report includes
appendices detailing: global best practices for whistleblower laws, text of
pending reform legislation, and an exhaustive guide to navigating the Department
of Labor administrative system to which whistleblowers have recourse under most
laws.
The report, coauthored by Tarek
Maassarani, is excerpted from a comprehensive corporate
whistleblower survival guide, Committing the Truth, scheduled for publication next
year. Devine explained, "The report is a street law course for
whistleblowers based on thirty years of painful lessons learned, an
introductory primer for practicing attorneys, and a call for order to replace
legal anarchy."
GAP's call for reform is the context for all the
report's research, warnings and tips: The central recommendation is the enactment
of legislation that institutionalizes a coherent, uniform system of legal
rights. H.R. 4047, the Private Sector Whistleblower Streamlining Act of 2007, introduced
in the House by Representatives George Miller and Lynn Woolsey, would
institutionalize these rights for all federal health and safety laws. As the
authors conclude, "The legislation is a good housekeeping measure to
replace chaos with systematic rights reflecting modern standards."
Added Devine: "This reform is a win-win
from every perspective. All those who benefit from responsible whistleblowing
should send a message to our elected leaders demanding their commitment to this
reform, by co-sponsoring it in the House or introducing it in the Senate. It is
time for all of us to blow the whistle on America's corporate
whistleblower laws."
GAP is the nation's leading whistleblower
protection and advocacy organization. Since 1977, GAP has legally represented
thousands of whistleblowers, and provided direction to thousands more.
The Government Accountability Project (GAP) is a 30-year-old nonprofit public interest group that promotes government and corporate accountability by advancing occupational free speech, defending whistleblowers, and empowering citizen activists. We pursue this mission through our Nuclear Safety, International Reform, Corporate Accountability, Food & Drug Safety, and Federal Employee/National Security programs. GAP is the nation's leading whistleblower protection organization.
"This sends a chilling message that the U.S. is willing to overlook some abuses, signaling that people experiencing human rights violations may be left to fend for themselves," said one Amnesty campaigner.
After leaked drafts exposed the Trump administration's plans to downplay human rights abuses in some allied countries, including Israel, the U.S. Department of State released the final edition of an annual report on Tuesday, sparking fresh condemnation.
"Breaking with precedent, Secretary of State Marco Rubio did not provide a written introduction to the report nor did he make remarks about it," CNN reported. Still, Amanda Klasing, Amnesty International USA's national director of government relations and advocacy, called him out by name in a Tuesday statement.
"With the release of the U.S. State Department's human rights report, it is clear that the Trump administration has engaged in a very selective documentation of human rights abuses in certain countries," Klasing said. "In addition to eliminating entire sections for certain countries—for example discrimination against LGBTQ+ people—there are also arbitrary omissions within existing sections of the report based on the country."
Klasing explained that "we have criticized past reports when warranted, but have never seen reports quite like this. Never before have the reports gone this far in prioritizing an administration's political agenda over a consistent and truthful accounting of human rights violations around the world—softening criticism in some countries while ignoring violations in others. The State Department has said in relation to the reports less is more. However, for the victims and human rights defenders who rely on these reports to shine light on abuses and violations, less is just less."
"Secretary Rubio knows full well from his time in the Senate how vital these reports are in informing policy decisions and shaping diplomatic conversations, yet he has made the dangerous and short-sighted decision to put out a truncated version that doesn't tell the whole story of human rights violations," she continued. "This sends a chilling message that the U.S. is willing to overlook some abuses, signaling that people experiencing human rights violations may be left to fend for themselves."
"Failing to adequately report on human rights violations further damages the credibility of the U.S. on human rights issues," she added. "It's shameful that the Trump administration and Secretary Rubio are putting politics above human lives."
The overarching report—which includes over 100 individual country reports—covers 2024, the last full calendar year of the Biden administration. The appendix says that in March, the report was "streamlined for better utility and accessibility in the field and by partners, and to be more responsive to the underlying legislative mandate and aligned to the administration's executive orders."
As CNN detailed:
The latest report was stripped of many of the specific sections included in past reports, including reporting on alleged abuses based on sexual orientation, violence toward women, corruption in government, systemic racial or ethnic violence, or denial of a fair public trial. Some country reports, including for Afghanistan, do address human rights abuses against women.
"We were asked to edit down the human rights reports to the bare minimum of what was statutorily required," said Michael Honigstein, the former director of African Affairs at the State Department's Bureau of Human Rights, Democracy, and Labor. He and his office helped compile the initial reports.
Over the past week, since the draft country reports leaked to the press, the Trump administration has come under fire for its portrayals of El Salvador, Israel, and Russia.
The report on Israel—and the illegally occupied Palestinian territories, the Gaza Strip and the West Bank—is just nine pages. The brevity even drew the attention of Israeli media. The Times of Israel highlighted that it "is much shorter than last year's edition compiled under the Biden administration and contained no mention of the severe humanitarian crisis in Gaza."
Since the Hamas-led October 7, 2023 attack on Israel, Israeli forces have slaughtered over 60,000 Palestinians in Gaza, according to local officials—though experts warn the true toll is likely far higher. As Israel has restricted humanitarian aid in recent months, over 200 people have starved to death, including 103 children.
The U.S. report on Israel does not mention the genocide case that Israel faces at the International Court of Justice over the assault on Gaza, or the International Criminal Court arrest warrants issued for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity.
The section on war crimes and genocide only says that "terrorist organizations Hamas and Hezbollah continue to engage in the
indiscriminate targeting of Israeli civilians in violation of the law of armed conflict."
As the world mourns the killing of six more Palestinian media professionals in Gaza this week—which prompted calls for the United Nations Security Council to convene an emergency meeting—the report's section on press freedom is also short and makes no mention of the hundreds of journalists killed in Israel's annihilation of the strip:
The law generally provided for freedom of expression, including for members of the press and other media, and the government generally respected this right for most Israelis. NGOs and journalists reported authorities restricted press coverage and limited certain forms of expression, especially in the context of criticism against the war or sympathy for Palestinians in Gaza.
The Tuesday release came after a coalition of LGBTQ+ and human rights organizations on Monday filed a lawsuit against the U.S. State Department over its refusal to release the congressionally mandated report.
"We will not sit idly by while political leaders manipulate voting maps to entrench their power and subvert our democracy," said the head of Common Cause.
As Republicans try to rig congressional maps in several states and Democrats threaten retaliatory measures, a pro-democracy watchdog on Tuesday unveiled new fairness standards underscoring that "independent redistricting commissions remain the gold standard for ending partisan gerrymandering."
Common Cause will hold an online media briefing Wednesday at noon Eastern time "to walk reporters though the six pieces of criteria the organization will use to evaluate any proposed maps."
The Washington, D.C.-based advocacy group said that "it will closely evaluate, but not automatically condemn, countermeasures" to Republican gerrymandering efforts—especially mid-decade redistricting not based on decennial censuses.
Amid the gerrymandering wars, we just launched 6 fairness criteria to hold all actors to the same principled standard: people first—not parties. Read our criteria here: www.commoncause.org/resources/po...
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— Common Cause (@commoncause.org) August 12, 2025 at 12:01 PM
Common Cause's six fairness criteria for mid-decade redistricting are:
"We will not sit idly by while political leaders manipulate voting maps to entrench their power and subvert our democracy," Common Cause president and CEO Virginia Kase Solomón said in a statement. "But neither will we call for unilateral political disarmament in the face of authoritarian tactics that undermine fair representation."
"We have established a fairness criteria that we will use to evaluate all countermeasures so we can respond to the most urgent threats to fair representation while holding all actors to the same principled standard: people—not parties—first," she added.
Common Cause's fairness criteria come amid the ongoing standoff between Republicans trying to gerrymander Texas' congressional map and Democratic lawmakers who fled the state in a bid to stymie a vote on the measure. Texas state senators on Tuesday approved the proposed map despite a walkout by most of their Democratic colleagues.
Leaders of several Democrat-controlled states, most notably California, have threatened retaliatory redistricting.
"This moment is about more than responding to a single threat—it's about building the movement for lasting reform," Kase Solomón asserted. "This is not an isolated political tactic; it is part of a broader march toward authoritarianism, dismantling people-powered democracy, and stripping away the people's ability to have a political voice and say in how they are governed."
"Texas law is clear: A pregnant person cannot be arrested and prosecuted for getting an abortion. No one is above the law, including officials entrusted with enforcing it," said an ACLU attorney.
When officials in Starr County, Texas arrested Lizelle Gonzalez in 2022 and charged her with murder for having a medication abortion—despite state law clearly prohibiting the prosecution of women for abortion care—she spent three days in jail, away from her children, and the highly publicized arrest was "deeply traumatizing."
Now, said her lawyers at the ACLU in court filings on Tuesday, officials in the county sheriff's and district attorney's offices must be held accountable for knowingly subjecting Gonzalez to wrongful prosecution.
Starr County District Attorney Gocha Ramirez ultimately dismissed the charge against Gonzalez, said the ACLU, but the Texas bar's investigation into Ramirez—which found multiple instances of misconduct related to Gonzalez's homicide charge—resulted in only minor punishment. Ramirez had to pay a small fine of $1,250 and was given one year of probated suspension.
"Without real accountability, Starr County's district attorney—and any other law enforcement actor—will not be deterred from abusing their power to unlawfully target people because of their personal beliefs, rather than the law," said the ACLU.
The state bar found that Ramirez allowed Gonzalez's indictment to go forward despite the fact that her homicide charge was "known not to be supported by probable cause."
Ramirez had denied that he was briefed on the facts of the case before it was prosecuted by his office, but the state bar "determined he was consulted by a prosecutor in his office beforehand and permitted it to go forward."
"Without real accountability, Starr County's district attorney—and any other law enforcement actor—will not be deterred from abusing their power to unlawfully target people because of their personal beliefs, rather than the law."
Sarah Corning, an attorney at the ACLU of Texas, said the prosecutors and law enforcement officers "ignored Texas law when they wrongfully arrested Lizelle Gonzalez for ending her pregnancy."
"They shattered her life in South Texas, violated her rights, and abused the power they swore to uphold," said Corning. "Texas law is clear: A pregnant person cannot be arrested and prosecuted for getting an abortion. No one is above the law, including officials entrusted with enforcing it."
The district attorney's office sought to have the ACLU's case dismissed in July 2024, raising claims of legal immunity.
A court denied Ramirez's motion, and the ACLU's discovery process that followed revealed "a coordinated effort between the Starr County sheriff's office and district attorney's office to violate Ms. Gonzalez's rights."
The officials' "wanton disregard for the rule of law and erroneous belief of their own invincibility is a frightening deviation from the offices' purposes: to seek justice," said Cecilia Garza, a partner at the law firm Garza Martinez, who is joining the ACLU in representing Gonzalez. "I am proud to represent Ms. Gonzalez in her fight for justice and redemption, and our team will not allow these abuses to continue in Starr County or any other county in the state of Texas."
Gonzalez's fight for justice comes as a wrongful death case in Texas—filed by an "anti-abortion legal terrorist" on behalf of a man whose girlfriend use medication from another state to end her pregnancy—moves forward, potentially jeopardizing access to abortion pills across the country.