A reader sent this article about Defense Whistleblower, Carol Czarkowski, to me.  I post it here for you as it was sent to me.  –GFS

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Left Behind: Intelligence Agencies

 

Employees working at intelligence agencies have been excluded from

protections under the Whistleblower Protection Act, including “the

Central Intelligence Agency, Defense Intelligence Agency, National

Security Agency, and certain other intelligence agencies excluded by the

President.”44

 

The case of Navy whistleblower Carol Czarkowski illustrates how

Intelligence agency exclusions can be abused.

 

After Czarkowski filed her Whistleblower Protection Act complaint and the Navy failed to get her case dismissed, it retroactively declared her ineligible for protection under the law because her office was designated an “intelligenceagency.”45

 

Members of the Senate have observed that the ability to invoke the intelligence agency exemption ex post facto is problematic, noting that the Navy sought the exemption “over a year into whistleblower litigation” and only “after the [Merit Systems Protection] Board rejected an earlier effort to avoid litigation on a different

basis.”46

 

Czarkowski appealed the attempt to retroactively exempt her from whistleblower protections under the intelligence agency exemption.  She won that appeal in the Federal Circuit Court in 2004. Five years after being fired and filing her initial complaint with the Office of Special Counsel, Czarkowksi is only now headed toward legal proceedings that will deal with the merits of her case.

 

Through the Intelligence Community Whistleblower Protection Act of 1998, Congress asserted that it had the right to receive classified information from whistleblowers working for intelligence agencies in the case of “serious or flagrant” problems. However, Congress failed to provide a legal remedy for the whistleblower. The Act allows an Inspector General to investigate whistleblower retaliation. This option was already available prior to the Act and, as a result, the protections are an empty promise at best. According to one official, in the past ten years, only a dozen whistleblowers at the Pentagon ever invoked protection under the Intelligence Community Whistleblower Protection Act.

 

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