Whistleblowers Are Not Protected, Mr. Goss

by Sibel Edmonds

Dear Mr. Goss, the timing of your recent op-ed in the New York Times interestingly coincides with the upcoming congressional hearing by the House Subcommittee on National Security, Emerging Threats & International Relations on National Security Whistleblowers.

Your comments are predictably consistent with the pattern of "preemptive strikes" you and the administration have been keen on maintaining. I do not blame you for your opposition to legislation to protect courageous whistleblowers, which will enable the United States Congress to reclaim some of its authority and oversight that it has given up for the past five years. No sir, you have all the right and reason to be nervous. However, I must take issue with your attempt to mislead the American public – another habit of your heart – by presenting them with false information and misleading statements.

Sir, as you must very well know after your years in Congress as a representative and as a member of the intelligence committee, there are no meaningful legal protections for whistleblowers. What is troubling is that while you are well aware of the fact that there are no meaningful or enforceable laws that provide protection to national security whistleblowers, you nevertheless state that such workers are covered by existing laws.

That is simply false. You state that "the Intelligence Community Whistleblower Protection Act was enacted to ensure that current or former employees could petition Congress, after raising concerns within their respective agency, consistent with the need to protect classified information." The Intelligence Community Whistleblower Protection Act, which appears to be the legal channel provided to national security employees, turns out on closer inspection to be toothless. Please refer to the recent independent report issued by the Congressional Research Service (CRS) on National Security Whistleblowers on December 30, 2005. The report concludes that there currently are no protections for national security whistleblowers – period. Let me provide you with a recent example illustrating the fallacy of your claim:

In December 2005, Mr. Russ Tice, former National Security Agency (NSA) intelligence analyst and action officer, sent letters to the chairs of the Senate and House Intelligence Committees, and requested meetings to brief them on probable unlawful and unconstitutional acts conducted while he was an intelligence officer with the NSA and DIA. In his letter Mr. Tice, as a law abiding and responsible intelligence officer, stated "Due to the highly sensitive nature of these programs and operations, I will require assurances from your committee that the staffers and/or congressional members to participate retain the proper security clearances, and also have the appropriate SAP cleared facilities available for these discussions." On January 9, 2006, the NSA sent an official letter to Mr. Tice stating "neither the staff nor the members of the House or Senate Intelligence committees are cleared to receive the information."

Now, Mr. Goss, please explain this to the American public: What happened to your so-called appropriate congressional channels and protections available to national security whistleblowers? Mr. Goss, what "protected disclosure to congress"? According to the NSA no one in the United States Congress is "cleared enough" to hear reports from national security whistleblowers. Please name one whistleblower to date who has been protected after disclosing information to the United States Congress; can you name even a single case? Or, is that information considered classified?


How do we expect the United States Congress to conduct its oversight responsibility and maintain the necessary checks on the Executive Branch, when agencies such as yours declare the members of congress "not cleared enough" to receive reports regarding conduct by these agencies? Where do you suggest employees like Mr. Tice go to report waste, fraud, abuse, and/or illegal conduct by their agencies? Based on your administration’s self-declared claim of inherent power and authority of the executive branch overriding courts and the United States Congress, what other channels are left to pursue?