According to recent reports, Department of Justice Inspector General Michael Horowitz issued a statement confirming that agency officials had illegally retaliated against whistleblowers. Horowitz claimed that acts of retribution, such as revoking security clearance, were taken against the individuals.
The Office of the Inspector General released a memorandum addressing the allegations against the DOJ, maintaining that the department must adhere to federal law that protects disclosure activity. The memo began, “The purpose of this memorandum is to advise you of concerns that the Department of Justice (Department or DOJ) Office of the Inspector General (OIG) has identified regarding the Department’s compliance with 50 U.S.C. § 3341 and the Director of National Intelligence’s (DNI) Security Executive Agent Directive 9 (SEAD 9), which provide protections for federal employees who allege their security clearance has been suspended, revoked, or denied in retaliation for making a protected disclosure.”
The statement continued, “This concern came to our attention in connection with the OIG’s assessment of complaints the OIG received from employees of a DOJ component, alleging that their security clearances were suspended in retaliation for protected whistleblowing activity.”
The investigation reportedly looked into federal agencies, including the FBI, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The OIG memo noted that the lack of an appeal process within the DOJ is detrimental to employees suspended without pay during lengthy security reviews.
The memo added, “[A] lack of a DOJ appeal process for employees who allege their suspension of more than 1 year is retaliatory, as required by Section 3341 and SEAD 9, is especially problematic at DOJ components that regularly suspend employees without pay for the duration of the security review process, which can sometimes last years.”
One high-profile instance of alleged whistleblower retaliation within the federal government is Marcus Allen, an FBI specialist who contradicted the bureau’s official account of the January 6, 2021, protests at the Capitol.
Last year, Allen testified before the House Committee on Government Weaponization, where he maintained his loyalty to the United States. The former Marine slammed the accusations against him that he holds ‘conspiratorial views’ and the alleged retaliation against him that followed.
“Despite my history of unblemished service to the United States, the FBI suspended my security clearance, accusing me of actually being DISLOYAL to my country. This outrageous and insulting accusation is based on unsubstantiated accusations that I hold ‘conspiratorial views’ regarding the events of January 6, 2021 and that I allegedly sympathize with criminal conduct. I do not,” he said during his testimony. “I was not in Washington DC on January 6, played no part in the events of January 6, and I condemn all criminal activity that occurred. Instead, it appears that I was retaliated against because I forwarded information to my superiors and others that questioned the official narrative of the events of January 6.”
Allen further described the backlash he faced from within the FBI. “As a result, I was accused of promoting ‘conspiratorial views’ and ‘unreliable information.’ Because I did this, the FBI questioned my allegiance to the United States,” he continued.
Featured image credit: Tom Williams (CQ Roll Call), Public domain, via Wikimedia Commons https://commons.wikimedia.org/wiki/File:Merrick_Garland_August_2023_press_conference.jpg
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