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For Whistleblowers, Fraying Protection

This piece was co-written by Danielle Brian, executive director of the Project On Government Oversight, and former U.S. Ambassador Joseph Wilson. It originally appeared April 24 on MSNBC.com.

Ten years ago this week, advocates, funders, journalists and citizens gathered in an effort to champion the rights of whistleblowers, people who come forward with information about alleged dishonest or illegal activities. It seemed like protection for whistleblowers was nearing a turning point: only the year before, Time magazine had heralded whistleblowers on their cover as “Person of the Year.” The public was becoming somewhat less wary of “snitches” as the whistleblowers from Enron, Worldcom, and the FBI were recognized as brave, selfless, and right, in their attempts to try to stop wrongdoing by their institutions.

We care deeply about the issue ourselves, as the head of an organization dedicated to supporting whistleblower protections, and as the diplomat who came forward about the use of misleading intelligence in the lead-up to war in Iraq, respectively. At this event, the first of what would become the annual “Ridenhour Prizes,” we hoped to encourage the public to better understand and embrace those patriotic dissenters who speak truth to power, at great peril, in order to make us safer and more secure. We hoped this public acclaim for truth-tellers would help policymakers realize the precious place whistleblowers, and particularly national security whistleblowers, have in our democratic society.

In short, we saw a brighter future for truth-tellers, and genuine progress on an issue central to American democracy. But sadly, ten years later, we fear that we may have, in fact, lost ground.

The Ridenhour Prizes, founded by Randy Fertel and former president of The Nation Institute Hamilton Fish, was named for one of the most courageous truth-tellers in recent American history: Ron Ridenhour, who exposed the infamous My Lai massacre in Vietnam and went on to become an award-winning investigative journalist.

Ridenhour, at the time an active duty helicopter gunner, heard rumors of a massacre from others who served in Vietnam. He gathered testimony and evidence, and upon his return to the U.S., reached out to Congress and the Pentagon, sparking an investigation that shocked America and led to the conviction of the officer responsible for the killings. This act took courage. By coming forward, Ridenhour revealed the nature of the war in Vietnam to the American public.

Over the past ten years, The Ridenhour Prizes have become a “must attend” event on the D.C. political and social circuit: a moving, standing-room only event in the National Press Club with prizes honoring journalists, documentary films, books and people for lifetime achievement. In a city not known for its honesty, the Ridenhours have been the rare event celebrating truth-telling, honoring figures such as National Security Agency analyst Thomas Drake and Countrywide whistleblower Eileen Foster. This year’s winners include immigration advocate and journalist Jose Antonio Vargas, and climate scientist Dr. James Hansen.

Sadly, as these awards have thrived, prosecutions of so-called “leakers” have as well. Arguably, national security whistleblowers face greater personal risk now than at the height of the Bush administration. While private sector whistleblowers and many who work for the federal government have new, state-of-the-art protections if they blow the whistle, the new rights for national security and intelligence community whistleblowers aren’t expected to provide adequate protection from retaliation. Meanwhile, more people have been prosecuted by this administration under the Espionage Act than by all previous administrations combined for revealing information about our government.

A new documentary, War on Whistleblowers, details the lengths to which the government has gone to silence whistleblowers and the journalists who try to aid them. Investigative reporter Tim Shorrock reported earlier this month on the crackdown on four NSA employees, who were driven by their conscience to come forward in an effort to end millions of dollars in waste at the agency. And a report from the Constitution Project on torture reveals a disturbing penchant for secrecy.

In February, NPR argued that the Obama administration is slowly improving conditions for whistleblowers. That is true in some regards, but this argument is overly simplistic. The Obama administration has supported stronger protections for federal workers outside the national security arena, and created new rights for those inside it. But at the same time, the administration has pursued a gaping loophole to those protections in court.

The secrecy that Ridenhour sought to expose still shrouds our democracy: engaging in war based on lies. Torturing detainees. Holding enemy combatants without due process. Keeping secret the interpretations of law that justify targeted killings. Few people are willing to come forward to stop these unconstitutional acts. Given the risks, can we blame them?

As we look to the next decade, it is the duty of all of us to demand meaningful protections for national security and intelligence whistleblowers so that they can safely follow in the steps of Ron Ridenhour. Then we will have truly honored his bravery.

U.S. Ambassador Joseph Wilson was the winner of the first Ridenhour Prize for Truth-Telling.

By: Danielle Brian
Executive Director, POGO

danielle brian Ms. Brian's areas of expertise include: National Security, Government Oversight, Wasteful Defense Spending, Ethics, Open Government, Whistleblower Issues

Topics: Whistleblower Protections

Authors: Danielle Brian

Submitted by Henry Hnyellar at: June 5, 2013
I hope to see some of the whistleblowers in the ever growing IRS abuse of Americans First Amendment rights scandal will be honored at the next Ridenhour Prizes gala.
Submitted by Anonymous at: May 11, 2013
Whistleblowers are courageous people, at great danger to themselves they try to inform we the people about greed and corruption perpetrated by corporations and government. It is obvious why the are now being threatened and persecuted by those doing wrong. Obama at the moment is their greatest treat.
Submitted by Anonymous at: May 11, 2013
They need our help
Submitted by WonderingWhy at: May 11, 2013
Corruption,incompetence,negligence...etc. once revealed mostly by insiders are now being prosecuted and/or 'drummed out'of significance
Submitted by flickaml@aol.com at: May 11, 2013
The persecution of whistleblowers is merely one of many results of our increasingly powerful plutocracy.
Submitted by Kay Sieverding at: May 11, 2013
DOJ is in the D.C. Court of Federal Appeals right now arguing that it should be able to imprison people without a criminal charge and do so with impunity. I complained to the USMS internal investigations department that USMS kidnapped me and detained me for 5 months with no bail hearing, evidentiary hearing or charge I committed a federal offense. They closed the investigation by writing a false report that I was a federal prisoner for prostitution and obstruction of justice. I wasn't charged with obstruction of justice or prostitution. The DOJ Office of Professional Responsibility doesn't comply with the Open Meetings Act -- it doesn't post meeting agendas and it doesn't keep minutes of meetings.
Submitted by Tigermac at: May 11, 2013
This is what is happening to this country, because people are too slow at taking action to vote the criminals out of office, we have become a Plutocracy and no longer a Democracy. If you need to know just who these criminals are then there is a list, because of the resent vote on limiting high capacity magazines and background checks. The 45 Senators and congressmen who voted against this bill are the biggest takers of bribes and payoffs from the NRA and Wall Street. We can start with voting them out of office to put others on notice that anyone who does not do the will of the people is going to be voted out of office. The Whistle blower Protection Act was last restored in 1994, and has since fallen victim to judicial activism, which have created loopholes, making it ineffective. The MSPB found that federal whistle blowers were nine times more likely to be fired in 2010 compared to 1992. This culture of vulnerability maximizes government secrecy, which in turn breeds corruption. It seems that so little good for our country gets done in Washington--which is deeply frustrating. We all know the government needs fixing. I sometimes watch shows on prisons, the Prisoners don't care if you murdered, robbed, beat someone to the point they are in a wheel chair for the rest of their life, what bothers prisoners, criminals, drug users and the Government is whistle blowers. The same thing is true for our politicians; there are so many criminals in our government and corporations, who see whistle blowers as their worst enemy. Lets face reality, the more you have to hide, the less likely you are to support Whistle Blowers, the more criminal the politician, Corporation and government agency is, the less likely they are to support the only ones who can expose them. This Government has currently put people in prison for Whistle Blowing on Politicians, Government Agencies and on Criminals responsible for torturing and murdering people. The way this country is now, the Whistle Blower goes to Prison and torturer Murder gets a rise and promotion. The Whistle Blower is the watchdog of their work place and they’re for the reporter of misconduct. The government has decided not to honor the Constitution and the Bill of rights, They have already shown that telling the truth to the American people is not how they are going to govern, when they all lied when they took their oath of office and then decided to keep the public misinformed and out of the information loop.

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