How to help whistleblowers navigate the disclosure process and protect themselves

Shanna Devine, Legislative DirectorGovernment Accountability Project

What is the Government Accountability Project?

• The Government Accountability Project is the nation’s leading whistleblower protection and advocacy organization

Who are Whistleblowers?

Legally, they are employees or applicants who disclose information that they reasonably believe evidences illegality, gross waste, gross mismanagement, abuse of authority or a substantial and specific danger to public health or safety.

In non-legalese, these are employees who exercise free speech rights to challenge abuses of power that betray the public trust.

Legal Rights for Working with Congress Lloyd Lafayette Act (all government employees)

Whistleblower Protection Act (Title 5 employees)

Intelligence Authorization Act FY 2014 and Presidential Policy Directive -19 (IC government employees and limited coverage for IC contractors)

National Defense Authorization Act FY 2013 (non-IC contractors)

Whistleblower Protection Enhancement Act “anti-gag provision”

Congressional “anti-gag” statute (FY 2015 Omnibus)

Criminal liability for obstructing a congressional or government witness (18 USC § 1505, 1512, 1513 )

Most private-sector whistleblower statutes

How Whistleblowers Can Help Congress

• Serving as expert witnesses during hearings

• Identifying witnesses to question, and evidence to seek

• Serving as a human dictionary & explaining the value of evidence

• Finding the evidentiary needle in the haystack

• Helping to develop questions of agency witnesses

• Matchmaking with other whistleblowers

• Monitoring follow up corrective action

Tips for Working with Whistleblowers

• Be clear about confidentiality from the beginning

• Be clear about what protection you can provide

• Make the whistleblower’s protection a visible priority

• Engage in visible quality control of the whistleblower’s statement

• Enfranchise the whistleblower

• If trust has been established, network to expand the scope of witnesses

• Sustain the relationship

Anonymity vs. Going Public

• Decision depends on: – quantity and quality of evidence– ability to camouflage knowledge of key facts– risks they are willing to take– willingness to endure intense scrutiny– likelihood of learning more if they remain anonymous

• Congress is eligible to act as a conduit to the media (for unclassified disclosures)

Essential Whistleblower Survival Tips

• Consult loved ones • Scope out support among workplace peers• Before breaking ranks, test the waters internally• Don’t embellish charges• Seek legal and expert advice early • Stay on the offensive with a well-thought-out plan • Maintain good relationships with administrative & support staff• Network off the job• Keep an ongoing, detailed, contemporaneous record• Secure all records before drawing any suspicion to concerns • Engage in whistleblowing on own time and with own resources• Check for skeletons in closet

Additional Resources

• Make It Safe Coalition • Office of Special Counsel• Directorate of the Whistleblower Protection Programs,

OSHA• House Oversight & Government Reform • Congresswoman Jackie Speier’s Whistleblower Hotline• Senate Whistleblower Caucus• The Corporate Whistleblower’s Survival Guide• Government Accountability Project (

www.whistleblower.org)