Uncertainty blues for State Dept whistleblowers

"...But beyond illuminating Blackwater's conduct in Iraq, Waxman's investigation also raises questions about the rights of federal whistleblowers and about Congress' ability to protect them.

Most of the work Blackwater does in Iraq is contracted by the State Department, and typically, any inquiry into these events would fall to the department's inspector general, Howard Krongard.

But Waxman's committee has been investigating that very office, as well. Recently, seven people working for Krongard alleged that Krongard himself had, in Waxman's words, "interfered with ongoing investigations to protect the State Department and the White House from political embarrassment." Two of those whistleblowers—former Assistant Inspector General for Investigations John DeDona and his erstwhile deputy Ralph McNamara—resigned specifically because of Krongard's meddling.

How did Krongard respond? Allegedly by threatening to terminate anybody else who dared speak with congressional investigators. Two of his employees—special agents Ron Militana and Brian Rubendall—have agreed to speak out anyway.

According to Militana, Krongard's congressional liaison informed the duo that "the majority [Democrats] are not friends. The minority staff has been helpful...You have no protection against reprisal. You have no whistleblower protections. Howard could retaliate and you would have no recourse.

"Howard can fire you. It would affect your ability to get another job," the congressional liaison allegedly threatened.

Waxman, of course, was outraged by the threats and, in a September 28 letter to Krongard, he issued a warning of his own.

"I am appalled by these reports," Waxman wrote. "As an Inspector General, you hold a position of special trust within the federal government. Your office is supposed to be an example of how to protect whistleblowers, not an example of how to persecute them...You should be aware—and you should advise your staff—that Congress has passed civil and criminal prohibitions against threatening and tampering with witnesses, retaliating against whistleblowers, and providing false information to Congress."

But there's a catch. The prohibitions Waxman cites are enshrined in the so-called Whistleblower Protection Enhancement Act of 2007—a comprehensive bill prohibiting retaliation against government whistleblowers that he sponsored, and which the House has indeed passed. But thanks to Senator Tom Coburn (R-Okla.) it is currently on hold in the Senate, in a form that President Bush has threatened to veto anyhow..."

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