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David Colapinto (202) 342-6980
Lindsey M. Williams (202) 342-1903
lmw@whistleblowers.org
On the 8th anniversary of the
terrorist attacks on the World Trade Center and the Pentagon, FBI
whistleblower Coleen Rowley issued a plea to the President and Congress
to immediately enact whistleblower protections for national security
employees. In her letter Ms. Rowley stated:
"Today is the
8th anniversary of the terrorist attacks on the World Trade Center and
the Pentagon. There are many ways that we can honor the lives lost and
one of them is preventing it from happening again. Strong
whistleblower protections for national security whistleblowers are the
key."
"I blew the whistle on the failure of the
government to approve a search warrant for Zacarias Moussaoui, an al
Qaeda operative who was attending flight school just weeks before the
tragic attack. The flight school instructors had numerous concerns
which matched up with intelligence from
abroad."
"Unfortunately as an FBI whistleblower, I
learned the hard way what exposing this and other post 9-11 mistakes
means to your career and your entire life."
"Although I
was honored by Time magazine in being named a Person of the Year for
having blown the whistle on this terrible security lapse, I know of so
many other national security whistleblowers that lost their jobs and
livelihood simply by doing the right thing. They need legal
protection! They need it now!"
"We must make sure that
the President and every member of the House and Senate hear our voice
and know that we need strong whistleblower protections for national
security employees that include the right of court access and trial by
jury for
national security whistleblowers. Please take action now before it is
too late to prevent the next major terrorist attack."
A copy of Ms. Rowley's entire letter is attached here.
Ms.
Rowley worked as an FBI agent at the time, and blew the whistle on the
government's failure to approve a search warrant for one of the al
Qaeda operatives who was attending flight school shortly before the
attack. In 2002 she was named one of three "Person's of the Year" by
Time Magazine due as a result of the courage she demonstrated as a
whistleblower, and the importance of her disclosures in protecting
national security and fixing long-standing problems within intelligence
agencies.
Ms. Rowley's letter urges support for the Van
Hollen-Platts Whistleblower Protection Enhancement Act, which provides
protections for national security whistleblowers,
including due process rights and access to the federal courts. The
Senate bill does not include these rights. It is expected that
Congress will take action on federal employee
whistleblower rights this month.
Stephen M. Kohn, the
Executive Director of the National Whistleblowers Center confirmed that
"after 9/11/01 scores of highly placed national security whistleblowers
were retaliated against or fired for having the courage to disclose
threats to our nation or outright incompetence at the FBI, CIA and
other agencies. The American people have paid the price for letting
these agencies off hook, and excluding their employees from
whistleblower protections. Twice the House of Representatives has
passed legislation to fix this problem. Twice the Senate failed to
act. It's time to get the job done. National security employees know
that they can be fired simply for reporting waste, fraud and abuse.
They watched
as their colleagues who reported abuses after 9/11 were demoted,
harassed or fired. When these workers are bullied into silence, the
American people are the real losers."
Since 1988, the NWC and attorneys associated with it have supported whistleblowers in the courts and before Congress and achieved victories for environmental protection, government contract fraud, nuclear safety and government and corporate accountability.
"Does anyone truly believe that caving in to Trump now will stop his unprecedented attacks on our democracy and working people?" asked Sen. Bernie Sanders.
US Sen. Bernie Sanders on Sunday implored his Democratic colleagues in Congress not to cave to President Donald Trump and Republicans in the ongoing government shutdown fight, warning that doing so would hasten the country's descent into authoritarianism.
In an op-ed for The Guardian, Sanders (I-Vt.) called Trump a "schoolyard bully" and argued that "anyone who thinks surrendering to him now will lead to better outcomes and cooperation in the future does not understand how a power-hungry demagogue operates."
"This is a man who threatens to arrest and jail his political opponents, deploys the US military into Democratic cities, and allows masked Immigration and Customs Enforcement agents to pick people up off the streets and throw them into vans without due process," Sanders wrote. "He has sued virtually every major media outlet because he does not tolerate criticism, has extorted funds from law firms and is withholding federal funding from states that voted against him."
If Democrats capitulate, Sanders warned, Trump "will utilize his victory to accelerate his movement toward authoritarianism."
"At a time when he already has no regard for our democratic system of checks and balances," the senator wrote, "he will be emboldened to continue decimating programs that protect elderly people, children, the sick and the poor while giving more tax breaks and other benefits to his fellow oligarchs."
Sanders' op-ed came as the shutdown continued with no end in sight, with Democrats standing by their demand for an extension of Affordable Care Act (ACA) tax credits as a necessary condition for any government funding deal. Republicans have so far refused to negotiate on the ACA subsidies even as health insurance premiums skyrocket nationwide.
The Trump administration, meanwhile, is illegally withholding Supplemental Nutrition Assistance Program (SNAP) funding from tens of millions of Americans—including millions of children—despite court rulings ordering him to release the money.
In a "60 Minutes" interview that aired Sunday, Trump again urged Republicans to nuke the 60-vote filibuster in the Senate to remove the need for Democratic support to reopen the government and advance other elements of their agenda unilaterally. Under the status quo, Republicans need the support of at least seven Democratic senators to advance a government funding package.
"The Republicans have to get tougher," Trump said. "If we end the filibuster, we can do exactly what we want. We're not going to lose power."
Congressional Democrats have faced some pressure from allies, most notably the head of the American Federation of Government Employees (AFGE), to cut a deal with Republicans to end the shutdown and alleviate the suffering it has inflicted on federal workers and many others.
But Democrats appear unmoved by the AFGE president's demand, and other labor leaders have since voiced support for the minority party's effort to secure an extension of ACA subsidies.
"We're urging our Democratic friends to hold the line," said Jaime Contreras, executive vice president of the 185,000-member Service Employees International Union Local 32BJ.
In his op-ed on Sunday, Sanders asked, "Does anyone truly believe that caving in to Trump now will stop his unprecedented attacks on our democracy and working people?"
"If the Democrats cave now, it would be a betrayal of the millions of Americans who have fought and died for democracy and our Constitution," the senator wrote. "It would be a sellout of a working class that is struggling to survive in very difficult economic times. Democrats in Congress are the last remaining opposition to Trump's quest for absolute power. To surrender now would be an historic tragedy for our country, something that history will not look kindly upon."
"Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food," one lawyer said.
As the Trump administration continued its illegal freeze on food assistance, the US Department of Agriculture sent a warning to grocery stores not to provide discounts to the more than 42 million Americans affected.
Several grocery chains and food delivery apps have announced in recent days that they would provide substantial discounts to those whose Supplemental Nutrition Assistance Program (SNAP) benefits have been delayed. More than 1 in 8 Americans rely on the program, and 39% of them are children.
But on Sunday, Catherine Rampell, a reporter at the Washington Post published an email from the USDA that was sent to grocery stores around the country, telling them they were prohibited from offering special discounts to those at greater risk of food insecurity due to the cuts.
"You must offer eligible foods at the same prices and on the same terms and conditions to SNAP-EBT customers as other customers, except that sales tax cannot be charged on SNAP purchases," the email said. "You cannot treat SNAP-EBT customers differently from any other customer. Offering discounts or services only to SNAP-eligible customers is a SNAP violation unless you have a SNAP equal treatment waiver."
The email referred to SNAP's "Equal Treatment Rule," which prohibits stores from discriminating against SNAP recipients by charging them higher prices or treating them more favorably than other customers by offering them specialized sales or incentives.
Rampell said she was "aware of at least two stores that had offered struggling customers a discount, then withdrew it after receiving this email."
She added that it was "understandable why grocery stores might be scared off" because "a store caught violating the prohibition could be denied the ability to accept SNAP benefits in the future. In low-income areas where the SNAP shutdown will have the biggest impact, getting thrown off SNAP could mean a store is no longer financially viable."
While the rule prohibits special treatment in either direction, legal analyst Jeffrey Evan Gold argues that it was a "perverted interpretation of a rule that stops grocers from price gouging SNAP recipients... charging them more when they use food stamps."
The government also notably allows retailers to request waivers for programs that incentivize SNAP recipients to purchase healthy food.
Others pointed out that SNAP is currently not paying out to Americans because President Donald Trump is defying multiple federal court rulings issued Friday, requiring him to tap a $6 billion contingency fund to ensure benefit payments go out. Both courts, in Massachusetts and Rhode Island, have said his administration's refusal to pay out benefits is against the law.
One labor movement lawyer summed up the administration's position on social media: "Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food."
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy.
After failing to use the government's might to bully Jimmy Kimmel off the air earlier this fall, President Donald Trump is once again threatening to bring the force of law down on comedians for the egregious crime of making fun of him.
This time, his target was NBC late-night host Seth Meyers, whom the president said, in a Truth Social post Saturday, "may be the least talented person to 'perform' live in the history of television."
On Thursday, the comedian hosted a segment mocking Trump's bizarre distaste for the electromagnetic catapults aboard Navy ships, which the president said he may sign an executive order to replace with older (and less efficient) steam-powered ones.
Trump did not take kindly to Meyers' barbs: "On and on he went, a truly deranged lunatic. Why does NBC waste its time and money on a guy like this??? - NO TALENT, NO RATINGS, 100% ANTI TRUMP, WHICH IS PROBABLY ILLEGAL!!!"
It is, of course, not "illegal" for a late-night comedian, or any other news reporter or commentator, for that matter, to be "anti-Trump." But it's not the first time the president has made such a suggestion. Amid the backlash against Kimmel's firing in September, Trump asserted that networks that give him "bad publicity or press" should have their licenses taken away.
"I read someplace that the networks were 97% against me... I mean, they’re getting a license, I would think maybe their license should be taken away,” Trump said. "All they do is hit Trump. They’re licensed. They’re not allowed to do that.”
His FCC director, Brendan Carr, used a similar logic to justify his pressure campaign to get Kimmel booted by ABC, which he said could be punished for airing what he determined was "distorted” content.
Before Kimmel, Carr suggested in April that Comcast may be violating its broadcast licenses after MSNBC declined to air a White House press briefing in which the administration defended its wrongful deportation of Salvadoran immigrant Kilmar Abrego Garcia.
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy (D-Conn.) on social media following Trump's tirade against Meyers. "Why? Because Trump believes he—not the people—decides the law. This is why we are in the middle of, not on the verge of, a totalitarian takeover."