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Obama will now NOT protect Whistle Blowers.

Posted by on Mar. 2, 2013 at 8:17 AM
  • 15 Replies

Obama Trashes Whistle Blower Protection for Federal Employees

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President Barack Obama issued a one-page memorandum on January 25, five days after the inauguration. The memo told the Director of National Intelligence (DNI) and Office of Personnel Management (OPM) to establish new mandates that would allow federal agencies to terminate employment of staffers without appeal if their work can be deemed as 'national security sensitive.'


Thousands of federal positions would be negatively affected by the rule if it were to go into effect. The rule would encompass any jobs involving public safety or law enforcement duties. Anyone who works for an office that has an inspector general and individual who is a member of the federal law enforcement officers association would be affected by the proposed rule.

Whistle Blower Advocacy groups like the Washington D.C. based Government Accountability Project (GAP) say that that the Obama administration, who has prosecuted more federal employees under the World War I era espionage act for leaking information to the press, could use this rule to further intimidate federal workers from stepping forward with claims of misconduct in the government.

Anyone within the Department of Justice or U.S. Attorneys Office, as well as any jobs relevant to the nation's borders, would be affected by the President's memo. Any government employee who has direct involvement with diplomatic relations or negotiations would be included too.

"The [job description] that's the broadest and I'm quoting directly from the rules is ‘positions involving independent responsibility for planning or approving continuity of government operations.' That's any job in the government that's significant," said Tom Devine legal director of GAP, to Breitbart News on Thursday.

The president's memo was released one day after the U.S. Court of Appeals for the Federal Circuit vacated a decision (Berry v. Conyers) made by the court in August that gave the federal government the power to fire thousands of employees without cause or the ability to appeal. The full court will rehear the case of Berry v. Conyers later this year.

"The proposed rule doesn't include a gag order but the proposed rule says no federal employees can defend themselves under civil service law. This includes the list of (civil) protections. If employees are removed, agencies don't have to explain themselves, when they say ‘You're no longer suitable for a sensitive position.' It's all in-house," said Devine.

The Whistleblower Protection Enhancement Act (WPEA) passed Congress almost four months ago. The law, according to GAP was aimed at protecting federal employees from reprisal if they do not reveal misconduct first; reveal misconduct to fellow staffers or supervisors; reveal the consequences of a policy decision; or blowing the whistle on their employer as they carry out their daily tasks.

President Obama also issued a policy directive last November that created whistle blower rights for intelligence community workers who cooperate within institutional channels.

However, as questions surrounding President Obama's national security policies began to peak, and his appointments for Secretary of Defense and CIA Chief were criticized, the White House smashed an iron fist on the possibility that government leakers could talk about the attack onthe U.S. Mission in Benghazi, Libya or the administration's drone program.

"Over time the deference to national security has expanded, so it's now subsuming and canceling out all of the other earlier transparency commitments, and this is a prime example of it," said Devine.

In fact, as members of Congress are calling on Benghazi survivors to give their stories, if Obama's new rule is ultimately instituted, these individuals could be fired immediately.

"[Benghazi Survivors] could be fired without explanation for cooperating with Congressional oversight on Benghazi, and they would lose their access to the whistle blower protection act to defend themselves," said Devine.

The federal government could designate virtually any position in the government as being a "national security" job. If the proposed rule succeeds, the administration will replace the professional civil service system that's been in effect since 1883 with a "national security spoils system," as Devine calls it.

Senator Charles Grassley (R - IA), co - author of the WPEA legislation, told Bloomberg News that Obama "in many instances has sought to silence whistle-blowers."

by on Mar. 2, 2013 at 8:17 AM
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Replies (1-10):
pvtjokerus
by Platinum Member on Mar. 2, 2013 at 8:29 AM

Disturbing.

katy_kay08
by on Mar. 2, 2013 at 9:37 AM

Here is the executive order linked in the OP.   It's early for me and I've been sick for a week so could you show me where this speaks to the things claimed in the first paragraph of the article?  I'm just not seeing it.



Quote:

Presidential Memorandum -- Rulemaking Concerning the Standards for Designating Positions in the Competitive Service as National Security Sensitive and Related Matters

MEMORANDUM FOR THE DIRECTOR OF NATIONAL INTELLIGENCE

THE DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT

SUBJECT: Rulemaking Concerning the Standards for Designating Positions in the Competitive Service as National Security Sensitive and Related Matters

The Director of National Intelligence and the Director of the Office of Personnel Management shall jointly propose the amended regulations contained in the Office of Personnel Management's notice of proposed rulemaking in 75 Fed. Reg. 77783 (December 14, 2010), with such modifications as are necessary to permit their joint publication, without prejudice to the authorities of the Director of National Intelligence and the Director of the Office of Personnel Management under any Executive Order, and to the extent permitted by law.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Director of the Office of Personnel Management is hereby authorized and directed to publish this memorandum in the Federal Register.



pvtjokerus
by Platinum Member on Mar. 2, 2013 at 8:12 PM

 The below doesn't address the bulk of the signed order.  We will have to wait to get a clear definition by OPM to determine the damage.


Quoting katy_kay08:

Here is the executive order linked in the OP.   It's early for me and I've been sick for a week so could you show me where this speaks to the things claimed in the first paragraph of the article?  I'm just not seeing it.

 

 

Quote:

Presidential Memorandum -- Rulemaking Concerning the Standards for Designating Positions in the Competitive Service as National Security Sensitive and Related Matters

MEMORANDUM FOR THE DIRECTOR OF NATIONAL INTELLIGENCE

THE DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT

SUBJECT: Rulemaking Concerning the Standards for Designating Positions in the Competitive Service as National Security Sensitive and Related Matters

The Director of National Intelligence and the Director of the Office of Personnel Management shall jointly propose the amended regulations contained in the Office of Personnel Management's notice of proposed rulemaking in 75 Fed. Reg. 77783 (December 14, 2010), with such modifications as are necessary to permit their joint publication, without prejudice to the authorities of the Director of National Intelligence and the Director of the Office of Personnel Management under any Executive Order, and to the extent permitted by law.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Director of the Office of Personnel Management is hereby authorized and directed to publish this memorandum in the Federal Register.

 

 


 

grandmab125
by Gold Member on Mar. 2, 2013 at 8:19 PM

 It doesn't surprise me.  The only leaks he wants from the White House, are the ones they carefully plant with the press.

katy_kay08
by on Mar. 2, 2013 at 8:21 PM

that is the entire order from the link in your OP.  Could you link to the rest of the order?  What the first paragraph of your OP states is not supported by it's own linked documentation.   When you go to the section mentioned in the memo it is about the designation of positions not about termination.    

Quoting pvtjokerus:

 The below doesn't address the bulk of the signed order.  We will have to wait to get a clear definition by OPM to determine the damage.


Quoting katy_kay08:

Here is the executive order linked in the OP.   It's early for me and I've been sick for a week so could you show me where this speaks to the things claimed in the first paragraph of the article?  I'm just not seeing it.



Quote:

Presidential Memorandum -- Rulemaking Concerning the Standards for Designating Positions in the Competitive Service as National Security Sensitive and Related Matters

MEMORANDUM FOR THE DIRECTOR OF NATIONAL INTELLIGENCE

THE DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT

SUBJECT: Rulemaking Concerning the Standards for Designating Positions in the Competitive Service as National Security Sensitive and Related Matters

The Director of National Intelligence and the Director of the Office of Personnel Management shall jointly propose the amended regulations contained in the Office of Personnel Management's notice of proposed rulemaking in 75 Fed. Reg. 77783 (December 14, 2010), with such modifications as are necessary to permit their joint publication, without prejudice to the authorities of the Director of National Intelligence and the Director of the Office of Personnel Management under any Executive Order, and to the extent permitted by law.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Director of the Office of Personnel Management is hereby authorized and directed to publish this memorandum in the Federal Register.






pvtjokerus
by Platinum Member on Mar. 3, 2013 at 7:18 AM

 I can't get to the OPM regulation link from Obama's original memo which is odd.  Let me see.....


Quoting katy_kay08:

that is the entire order from the link in your OP.  Could you link to the rest of the order?  What the first paragraph of your OP states is not supported by it's own linked documentation.   When you go to the section mentioned in the memo it is about the designation of positions not about termination.    

Quoting pvtjokerus:

 The below doesn't address the bulk of the signed order.  We will have to wait to get a clear definition by OPM to determine the damage.

 

Quoting katy_kay08:

Here is the executive order linked in the OP.   It's early for me and I've been sick for a week so could you show me where this speaks to the things claimed in the first paragraph of the article?  I'm just not seeing it.

 

 

Quote:

Presidential Memorandum -- Rulemaking Concerning the Standards for Designating Positions in the Competitive Service as National Security Sensitive and Related Matters

MEMORANDUM FOR THE DIRECTOR OF NATIONAL INTELLIGENCE

THE DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT

SUBJECT: Rulemaking Concerning the Standards for Designating Positions in the Competitive Service as National Security Sensitive and Related Matters

The Director of National Intelligence and the Director of the Office of Personnel Management shall jointly propose the amended regulations contained in the Office of Personnel Management's notice of proposed rulemaking in 75 Fed. Reg. 77783 (December 14, 2010), with such modifications as are necessary to permit their joint publication, without prejudice to the authorities of the Director of National Intelligence and the Director of the Office of Personnel Management under any Executive Order, and to the extent permitted by law.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Director of the Office of Personnel Management is hereby authorized and directed to publish this memorandum in the Federal Register.

 

 

 

 



 

pvtjokerus
by Platinum Member on Mar. 3, 2013 at 7:41 AM

Go here for the original story.  It appears that OPM has not released the rules to the public:

http://www.bloomberg.com/news/2013-02-27/obama-memo-on-sensitive-jobs-stirs-whistle-blower-fears.html

Quoting katy_kay08:

that is the entire order from the link in your OP.  Could you link to the rest of the order?  What the first paragraph of your OP states is not supported by it's own linked documentation.   When you go to the section mentioned in the memo it is about the designation of positions not about termination.    

Quoting pvtjokerus:

 The below doesn't address the bulk of the signed order.  We will have to wait to get a clear definition by OPM to determine the damage.

 

Quoting katy_kay08:

Here is the executive order linked in the OP.   It's early for me and I've been sick for a week so could you show me where this speaks to the things claimed in the first paragraph of the article?  I'm just not seeing it.

 

 

Quote:

Presidential Memorandum -- Rulemaking Concerning the Standards for Designating Positions in the Competitive Service as National Security Sensitive and Related Matters

MEMORANDUM FOR THE DIRECTOR OF NATIONAL INTELLIGENCE

THE DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT

SUBJECT: Rulemaking Concerning the Standards for Designating Positions in the Competitive Service as National Security Sensitive and Related Matters

The Director of National Intelligence and the Director of the Office of Personnel Management shall jointly propose the amended regulations contained in the Office of Personnel Management's notice of proposed rulemaking in 75 Fed. Reg. 77783 (December 14, 2010), with such modifications as are necessary to permit their joint publication, without prejudice to the authorities of the Director of National Intelligence and the Director of the Office of Personnel Management under any Executive Order, and to the extent permitted by law.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Director of the Office of Personnel Management is hereby authorized and directed to publish this memorandum in the Federal Register.

 

 

 

 



 

elarsen4eva
by New Member on Mar. 3, 2013 at 7:55 AM
That man makes me want to puke. When will he and the rest of the government figure out that we do not live in or want to live in a monarchy??? I think the government needs a complete overhaul. I'm talking complete. Out with all the old, all of it. in with the new. And no the old doesn't continue to get paid a million freakin dollars like they do now. Being a part of congress and being president is a privlege (sp?) Only get paid when actually working and only maybe $20/hour (but not hourly or they would never figure anything out they would just sit there and get paid
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stormcris
by Christy on Mar. 3, 2013 at 9:07 AM

They protect themselves and it has always been such.

pvtjokerus
by Platinum Member on Mar. 3, 2013 at 11:30 AM

 Now, now, now....you are making too much sense.  That is not allowed anyone under the Obama Rule.


Quoting elarsen4eva:

That man makes me want to puke. When will he and the rest of the government figure out that we do not live in or want to live in a monarchy??? I think the government needs a complete overhaul. I'm talking complete. Out with all the old, all of it. in with the new. And no the old doesn't continue to get paid a million freakin dollars like they do now. Being a part of congress and being president is a privlege (sp?) Only get paid when actually working and only maybe $20/hour (but not hourly or they would never figure anything out they would just sit there and get paid


 

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