Department of Justice Inspector General Michael Horowitz confirmed Tuesday officials at the federal law enforcement agency have inappropriately retaliated against whistleblowers by pulling security clearances and implementing other retribution against them.
"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," a new OIG memo states. "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 covered the FBI, the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
"[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," the memo continues.
Today we issued a Management Advisory Memorandum to the Deputy Attorney General regarding the DOJ’s compliance with whistleblower protections for employees with a security clearance.
— DOJ Inspector General (@JusticeOIG) May 14, 2024
After the Inspector General investigated, the office claims DOJ rectified the situation and implemented a number of recommendations.
We identified these concerns while assessing complaints we received from employees alleging that their security clearances were suspended in retaliation for protected whistleblowing activity. We made four recommendations, the DOJ concurred with them all: https://t.co/osJzDYteKS
— DOJ Inspector General (@JusticeOIG) May 14, 2024
DOJ watchdogs and whistleblower attorneys beg to differ and argue the FBI is still breaking the law. Specifically in the case of Marcus Allen, an FBI specialist and former Marine who blew the whistle on the FBI's official narrative of the January 6, 2021 events at the U.S. Capitol.
— Jason Foster (@JsnFostr) May 14, 2024
The report is pretty dense.
— Jason Foster (@JsnFostr) May 14, 2024
But the bottom line is that the @FBI is not following the law.
It built a bureaucratic box designed to force employees to resign by withholding their pay and any meaningful appeal rights until they have to choose between vindication and feeding their… pic.twitter.com/OyGUZQWVda
"Therefore, DOJ Instruction 1700.00.01 does not meet the requirements of Section 3341 and SEAD 9."
— Jason Foster (@JsnFostr) May 14, 2024
"DOJ practice is inconsistent with the intent of Section 3341."
Translation of IG-speak into English: "It's illegal." pic.twitter.com/2ZjcaheDCK
The average time of a security clearance investigation—before the FBI even decides whether to revoke—is 17.5 months.
— Jason Foster (@JsnFostr) May 14, 2024
During that whole time, @FBI has established no basis to revoke but can still yank a #whistleblower's paycheck and wait indefinitely for them to quit. Outrageous. pic.twitter.com/flbInfDI2Y
Allen testified in May 2023 about the retaliation in front of the House Committee on Government Weaponization, which sits under the jurisdiction of the House Judiciary Committee.
"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," Allen testified. "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."
"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.
Marcus was joined by whistleblowers and FBI agents Garret O’Boyle and Steve Friend, who also testified about the abuse.
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