Intelligence Community Whistleblower Protections
Included in the Intelligence Authorization Act for Fiscal Year 2014 (full text).
Whistleblower Provisions codified at:
50 U.S.C. § 3234 – Intelligence Community Whistleblower Act (anti-retaliation)
Presidential Policy Directive 19 (Oct 10, 2012).
Sources for Intelligence Community FAQs
Executive Order on Government Ethics
Protections Specific to FBI Employees
FBI regulations: 28 C.F.R. 27.
First Amendment Rights to Blow the Whistle
Webster v DOE, 486 U.S. 592 (1982).
Davis v Billington, 10-00036 (2014).
Sanjour v. EPA, 56 F.3d 85 (1995).
Weaver v. USIA, 87 F.3d 1429 (1996).
Hatfill v. Gonzales, 519 F. Supp. 2d 13 (2007).
Lee v. DOJ, 428 F.3d 299 (2005).
28 C.F.R. 17 Prepublication Clearance is covered in 17.18.
Snepp v. USA (CIA), 444 U.S. 507 (1980).
United States v. Marchetti, 466 F.2d 1309 (1972).
FAA v. Cooper, 132 U.S. 1441 (March 28, 2012).
Protections for National Security Contractors
18 U.S.C. 792 – 799 (Espionage and Censorship).
The Thomas Drake Indictment (2010).
Stephen Kohn in the Guardian, A sad day for the US if the Espionage Act is used against WikiLeaks (Dec 15, 2010).
OIG Reports and Decisions
Despite a warning from his superiors, FBI Special Agent Bassem Youssef answered questions at a January 12 session o the ALA Midwinter Meeting. In 2002, Youssef blew the whistle to the director of the FBI and Congress the discriminatory practices within the Bureau were undermining the effectiveness of America’s counterterrorism efforts. In this video, Youssef and Stephen Kohn discuss his case, talk about the abuse of National Security Letters following the Passage of the Patriot Act, and speak of Abu Ghraib as an example of the U.S. failure to understand Middle Eastern culture.