Last November, Justice Connection encouraged current and former employees at the Justice Department to stand up for the rule of law and take action to expose wrongdoing they see – even when blowing the whistle runs counter to their professional instincts.
Why? Because whistleblowing helps advance virtues we all share: transparency, good government, and accountability. When those in the department fail to obey the Constitution, the law, or their ethical duties, we have a duty to speak out.
Unfortunately, using traditional avenues to blow the whistle isn’t as easy as it was before this administration. DOJ’s Office of the Inspector General appears to have gone silent. The Office of Special Counsel, which investigates complaints of government wrongdoing, has been criticized for putting partisanship before accountability. Former whistleblower champions in Congress have smeared DOJ employees who’ve come forward with credible claims. An FBI supervisor even alleged that she was fired soon after filing protected whistleblower disclosures.
For many DOJ employees, the safest or most effective way to disclose misconduct may be going to the media. (NOTE: Before taking any actions, FBI employees may want to consider internal risks specific to the Bureau, such as internal investigations, polygraph tests, and security clearance revocations; consultation with legal counsel and exhaustion of other options may be prudent.)
But the idea of speaking to a reporter is anathema to many DOJ employees. When I was a spokesperson for the Justice Department, attorneys would often tell me, “I respect what you do, but in my view nothing good comes from speaking to the press.”
I don’t believe that was true then, and it’s definitely not true now. There are times when the best way to ensure the Justice Department stays true to the virtue in its name is to publicly broadcast acts of rulebreaking.
Protect Democracy has developed, with Justice Connection’s input and at its request, a practical guide to help current and recent employees speak to reporters – while protecting themselves and respecting the law.
We hope this guide will help DOJ employees understand their rights, the rules, and what to remember when interacting with the press – and we hope you’ll share it widely. Contact Justice Connection at help@thejusticeconnection.org if you want legal or media support, or if you have questions.
We need more voices exposing the unprecedented levels of waste, fraud and abuse in the department. As Erez Reuveni said after he courageously blew the whistle, “The voice of one, that’s one thing, fine; the voice of two, that’s better; but a chorus? It’s hard to ignore that.”
*Please note that none of the information above or in linked webpages constitutes legal advice.*
