Grassley Reminds FBI Agents Wanting to Blow the Whistle: You Are Legally Protected to Do So

Posted: May 25, 2018 10:00 AM
Grassley Reminds FBI Agents Wanting to Blow the Whistle: You Are Legally Protected to Do So

According to media reports this week, a number of FBI agents are hoping to get subpoenaed in the Russia probe so they can expose corruption at the top of the Bureau. In other words, guys on the ground are ready to talk about decisions made by the suits in Washington D.C. 

Many agents in the FBI want Congress to subpoena them so they can reveal problems caused by former FBI Director James Comey and former Deputy FBI Director Andrew McCabe, three people in direct contact with active field agents tell TheDC.

“There are agents all over this country who love the bureau and are sickened by [James] Comey’s behavior and [Andrew] McCabe and [Eric] Holder and [Loretta] Lynch and the thugs like [John] Brennan–who despise the fact that the bureau was used as a tool of political intelligence by the Obama administration thugs,” former federal prosecutor Joe DiGenova told The Daily Caller Tuesday. “They are just waiting for a chance to come forward and testify.”

In light of these reports, Chairman of the Senate Judiciary Committee Chuck Grassley is reminding agents wanting to come forward that they don't need a subpoena to do so.

In a letter to President Trump, Grassley explained how the whistleblower process works and guarantees protections for those exposing corruption. 

"I want to clear up a few things. I have been seeing reports that individuals within our federal law enforcement agencies want to talk to Congress about problems they have seen on the job. But, the reports say these individuals want to be subpoenaed by congressional committees, rather than coming forward voluntarily. There is a perception that without a subpoena, they have no legal protection against retaliation for cooperating with Congress. That is nonsense and a misperception that has been fomented by FBI and DOJ leadership for many years," Grassley wrote.  "I’ve worked hard to strengthen legal protections, especially for FBI employees. You have a right to cooperate with Congressional inquiries, just as you have a right to cooperate with the Inspector General. Anyone who tells you otherwise is lying."

"FBI agents and all federal law enforcement are protected for providing information to Congress. That’s true whether it is by a subpoena or not. If that is news to you, I encourage you to research the law yourself. It is found at title 5, United States Code, section 2303," he continued. "As you will see, nowhere in that law do its protections require a subpoena. Nor do they require the approval of an agent’s chain of command or congressional affairs staff."

Grassley has worked for years on Capitol Hill to bolster protections for whistleblowers.

Meanwhile, Department of Justice Inspector General Michael Horowitz is expected to release his investigation about how the FBI, including former Director James Comey and Deputy Director Andrew McCabe, handled the criminal investigation into Hillary Clinton. 

"I don’t want anyone out there to be confused. If you are a federal employee and you want to disclose wrongdoing to Congress or cooperate with a Congressional inquiry, you are legally allowed to do so. You should not have to fear retaliation," Grassley said. "No FBI agent or other government employee should be afraid to cooperate with Congress or the Inspector General. Any FBI agent who has information to provide or questions about their rights to provide it should not hesitate to reach out and ask."