Judge Decides in Bunny Greenhouse’s Favor Regarding Security Clearance

Taking someone’s security clearance away has almost been a stereotypical action by many agencies in DoD as a part of the “deal with the whistleblower” strategy.  Trumped up justifications are too easy for them to throw together, and although they are trumped up, are very difficult to fight.  It is difficult to get one’s clearance back, particularly in a timely manner.  And most DoD employees must have their clearance in good standing in order to perform their jobs, and in many cases even report to their offices to work each day.  This is a hopeful ruling. 

-GFS

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Judge Says Army Must Answer For Denying Security Clearance to Whistleblower Bunny Greenhouse

 

Washington, D.C. July 28, 2009.   U.S. District Judge Emmet G. Sullivan ordered yesterday that the Army Corps of Engineers must answer for its decision to withhold top-secret security clearance from whistleblower Bunnatine (Bunny) H. Greenhouse. “This decision sets a new precedent for the protection of national security whistleblowers,” said Michael D. Kohn, President of the National Whistleblowers Center and Greenhouse’s attorney. Bunny Greenhouse was the Corps’ top procurement executive when she objected to the terms and legality of a no-bid contract the Bush Administration was about to award to Halliburton subsidiary KBR a contract just before the Iraq War commenced, known as Restore Iraqi Oil (“RIO”).  Greenhouse’s concerns were ignored and the no-bid, cost plus contract, worth up to $7 Billion, was secretly awarded to KBR to run Iraqi oil fields after the invasion. When Greenhouse was scheduled to testify before a Congressional Committee during the Bush Administration, the Army Corps’ then acting General Counsel personally advised Greenhouse it would not be in her best interest to do so and she was swiftly removed as the Army Corps’ Procurement Executive when she ignored that warning.   Greenhouse alleged that the Corps further retaliated against her by refusing to renew her top-secret security clearance (TSSC) on grounds that her new job did not require any clearance. Greenhouse filed a lawsuit to get her old job back.  In a ruling yesterday, Judge Sullivan overruled the government’s motion to dismiss Greenhouse’s claim for her TSSC.   Judge Sullivan acknowledged that existing case law establishes that “an adverse employment action based on denial or revocation of a security clearance is not actionable” if it would “require the court to assess the merits of the decision to deny the clearance – precisely the assessment prohibited by the Supreme Court’s holding” in Department of the Navy v. Egan, 484 U.S. 518 (1988).”  Judge Sullivan establish new precedent, holding that “the decision to strip Greenhouse of her security clearance was based on the Corp’s claim that Greenhouse didn’t need it any more based on the jobs they intended her to perform” thereby making it “entirely unrelated to any security-sensitive considerations.”     Kohn called Judge Sullivan’s decision is “well reasoned.”   “Otherwise, an agency could marginalize a whistleblower by failing to renew a security clearance for reasons that had nothing to do with security and everything to do with retaliation.”  Kohn said.  “A blanket refusal to permit a court to review the reasons for the denial of security clearances normally leaves national security whistleblowers completely vulnerable to retaliation.  This decision highlights how a decision to withhold security clearance can have nothing to do with national security and everything to do with unlawful retaliation,” Kohn added. A copy of the decision is attached here.

 

 

Link to original:  http://www.whistleblowers.org/index.php?option=com_content&task=view&id=904&Itemid=71

DoD IG Report on Electrical Finds KBR Responsible

For those of you unfamiliar with Ms. Sparky’s blog concerning KBR Electrical Failures, Death of Soldiers due to Faulty Electrical Work in Iraq/Afghanistan, please follow the links and read on.  It is well worth your time.  If the links aren’t working, go to Ms. Sparky’s website at:  http://mssparky.com/

 -GFS

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Ms. Sparky’s Blog Updates

 

 

I have been traveling and am behind on my comment responses. I hope to get those caught up within the next day or so. Thanks to my faithful readers for their insightful comments. 

 

To read all of my recent posts click HERE and scroll down.

 

The big news is the Department of Defense Inspector General’s Reports are out on the electrocutions in Iraq and the electrical situation is Afghanistan. There are three full reports.

 

In summary…the DoDIG found KBR responsible in part for the death of SSG Ryan Maseth who was electrocuted in his shower. The DoD is also found responsible for their lack of oversight.

 

If you can get to Ms Sparky I have them all posted. If you can’t click HERE to go to the DoD IG website to download them. They will be the three dated 7/24/2009. If KBR has blocked that site as well, email me and I will send them to you.

 

One would hope the Army CID would be filing criminal charges soon. I hope Fluor, Dyncorp, CSA and every other DoD contractor is taking notice. Unsupervised play time in the “sandbox” is over!

 

I am working on a lawsuits page that will list all the lawsuits against KBR and any suits that KBR has filed with regards to LOGCAP. If you know of a lawsuit filed against KBR shoot me an email. If you can send me a copy of the petition/complaint that would be great.

 

I have also added several new categories including “Indictments, Convictions & Arrests” hopefully we will be getting some more of those with regards to the electrocutions.

 

I am still getting a ton of complaints about CSA in Kuwait. I don’t know what the DCMA is doing down there. But you must contact the DoDIG with EVERY complaint. Click HERE to read about that. So far not too many complaints about Fluor…yet. But I am so afraid the way CSA, Dyncorp and Fluor are sucking up KBR managers that they will be turning into KBR times 3!!

 

I get asked all the time how to report Fraud, Waste and Abuse to the DoD. I have blogged about it before click HERE for that. So many people are afraid to contact their companies own ethics hotline because of threats of retaliation. Please report any retaliation to the DoDIG Hotline as well. If in doubt just report it. Be specific. Don’t use acronyms. The hotline number is open M-F 8-5 EST. Or you can email them anytime.

 

 

 

 

I have been getting some complaints that people are calling in reports and then calling back to follow up and the hotline is claiming they have no record of the call. I strongly suggest that you email the report and make sure you keep a copy for yourself.

 

If you have any information about prostitution rings in the DoD camps in Iraq, Afghanistan, Kuwait or in Dubai, Thailand the Philippines or anywhere else for that matter please email me. You can read my post on that HERE.

 

I have gotten several emails about what is going to happen in Afghanistan with regards to KBR employees and the transition. I recommend you keep doing your job the best you can. Fluor and Dyncorp aren’t keeping me as updated as I would like (sarcasm), but I find it hard to believe they would not pick up many of the craft and people who actually do the work. It just doesn’t make financial or logistical sense to start out at ground zero. It’s the majority of KBR management who need that one way plane ticket to the States. So just be patient and flexible.

 

I know KBR is going to put on the pressure with threats and intimidation. That is their MO. Just be smart! They can still fire you.

 

Also, I am looking for few former O&M crafts. All trades. Shoot me and email. Thanks.

 

If you have questions you can email me by replying to this Update.

 

Be safe!!

 

 

Ms Sparky

(aka Debbie Crawford)

Senate Markup of the Whistleblower Protection Enhancement Act of 2009 (S. 372)

Senate Markup Of Whistleblower Bill Wednesday at 10:00 a.m.

Take Action!

 
The Senate will be marking up its version of the

Whistleblower Protection Enhancement Act of

2009 (S. 372) this Wednesday.  Now is the time to

contact your Senators and President Obama and

ask them to support adding jury trials for all

federal employees, including national security

employees.

Take Action! Demand Court Access for All Federal Employees!

 

You can watch the Senate markup live starting at

10:00 a.m. on Wednesday from the National

Whistleblowers Center homepage.  You can also

follow the markup on Twitter @ StopFraud.  NWC

 General Counsel David K. Colapinto will provide

his expert analysis and commentary on how the

Senate markups affect the strength of the

whistleblower protections in this legislation.

Take Action! Tell the Senate to Enhance Protections for All Federal Whistleblowers!

Please pass this message on to your friends and

family.  We need the Senate and President Obama

 to know that the American public wants all federal

 employees to be protected when they report waste,

 fraud, and abuse of taxpayer dollars.

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Senate Markup On Whistleblower Bill Tomorrow at 10:00 a.m.

Tuesday, July 28, 2009 11:14 AM

From:

“Lindsey M. Williams” <lmw@whistleblowers.org

National Whistleblowers Center
3238 P Street, NW
Washington, D.C. 20007
http://www.whistleblowers.org

FOR MORE INFORMATION, CONTACT:  

       Stephen M. Kohn  (202) 342-6980
David K. Colapinto (202) 342-6980
Lindsey M. Williams  (202) 342-1903

FOR IMMEDIATE RELEASE

SENATE MARKUP OF WHISTLEBLOWER BILL TOMORROW AT 10:00 A.M.

Washington, D.C. July 27, 2009.  The Senate Committee on Homeland Security and Governmental Affairs will be marking up its version of the Whistleblower Protection Enhancement Act of 2009 (S. 372).  The markup will be held in Dirksen Senate Office Building Room 342 at 10:00 a.m.  

In a statement issued on behalf of the National Whistleblower Center, Executive Director Stephen M. Kohn stated:  “We urge the Senate to amend S. 372 to include key protections contained in the House version of the bill (H.R. 1507).  The House bill covers for all federal employees and ensures that federal workers can have their case heard in court by a jury of their peers.  The House bill also ends the 30 year old exclusion which blocked national security whistleblowers from protections.”  

During the presidential campaign, the Obama campaign endorsed the House bill, as did numerous other leading candidates, including Secretary of State Hillary Clinton and former Arkansas Governor Michael Huckabee.

NWC General Counsel David K. Colapinto will provide expert analysis and commentary on how the Senate markups affect the strength of the whistleblower protections in this legislation on Twitter @ StopFraud.  Mr. Colapinto has represented federal employee whistleblowers for over 20 years and has been actively involved in the legislative development of both bills.

*****

Reports of Earlier Hidden Treuhand Use, Fraud, Theft

Someone from Whistleblower 411 (Yahoo Group)  sent me information about prior problems involving money gone missing, allegedly because of Hidden Treuhand use.  S/he said they exposed FDIC Fraud linked to Hidden Treuhand for the years 2004 to the present date.  I have not verified that indeed European Hidden Treuhand was actually involved in the Kryder case described in the link below.  This site is rather complex and involved.  It will take some time to decipher it.   Do you like historical and financial mysteries complete with the expected intrigue and skullduggery?   Let me know what you think.  And if you have any knowlege or information about this, contact the Kryder family estate. 

 

I’ve received a large amount of information from the estate this evening.  It is an interesting story, if you follow the link  to their site and look at the various menu choices on the left.  Quite a long period of history and quite a story.  I will be posting more about this in the future.  -GFS

 

Here is the link for the Kryder estate site:

 

Where is Kryder’s Money?  http://www.frankkryder.com/