Brush-Back Pitch: Special Counsel Takes on FDA over Email

February 16, 2012 // No Comments »

The war between the Government, which claims it is free to do whatever it wants, and its own employees, who continue to insist their duty is to the People, not to their bosses, rages. Here’s another skirmish.

The Food and Drug Administration secretly monitored the private e-mail accounts of six of its own scientists and doctors who had warned Congress and the White House that medical devices they were reviewing were approved or pushed toward approval despite safety concerns. Among the communications, made on agency computers, were e-mails the employees wrote to the Office of Special Counsel (OSC), which reviews disclosures about government wrongdoing and retaliation against those who report it (Full disclosure: The Government Accountability Project has filed a complaint with the OSC on my behalf against my employer, the Department of State, claiming State’s actions against me are retaliation for the book I wrote critical of their actions n Iraq).

On Wednesday, attorneys for the employees and two prominent Republican lawmakers asked the special counsel to investigate whether the employees’ communications with the office, the Equal Employment Opportunity Commission and the inspector general that oversees FDA operations were protected under federal whistleblower laws. The attorneys and lawmakers say the e-mails were confidential and should not have been intercepted.

The idea is that certain communications are de facto private, even if made on a government or company computer. The message, not the tool used, controls.

“The confidentiality of these communications was broken,” said Stephen M. Kohn of the National Whistleblowers Center, whose firm is representing the plaintiffs. “As part of their official duties, they have the right to disclose confidential concerns. Employees throughout the government can work on these matters on paid time.”

The FDA tried but failed to have criminal charges brought against the whistleblowers for disclosing sensitive business information. The agency fired or harrassed the others.

Special Counsel Carolyn Lerner warned against government monitoring of email communications with her office.

One hopes that the State Department is following the FDA case and not monitoring its own employees’ emails to their lawyers, the OSC or Congress, especially this time of year when Congress has budget requests in front of it. State’s monitoring of its own employees’ emails as a retaliatory tactic also flies in the face of all the barking Hillary does about internet freedom in China and Iran. Perhaps if the State Department had an Inspector General to review such matters internally things would be better. Awkward!

Copyright © 2012. All rights reserved under International and Pan-American Copyright Conventions. The views expressed here are solely those of the author(s) in their private capacity and do not in any way represent the views of the Department of State, the Department of Defense or any other entity of the US Government. The Department of State does not approve, endorse or authorize this blog or book. Follow us on Twitter!

Posted in Democracy, Embassy/State, Iraq

Rooms for Rent

// No Comments »

I found these ads on Craigslist Middle East. They had been misfiled under “therapeutic services” so you might have missed them:

L(.)(.)K! Rooms for Rent: Central Baghdad location, within mortaring distance of downtown. All the amenities– indoor pool, driving range, bar, own 5,500 man mercenary security force. This is the ultimate gated community folks! Due to unexpected vacancies, we now have 8000 spaces open, but don’t hesitate because they are going fast! Owner is motivated to sell or rent to the right buyer, financing (through our Bank of China partner) available NOW!!!!! it’s NOT ok to contact this poster with services unless you know a way out of this nightmare.

Building for Sale: Downtown Damascus, Location, Location, Location! We lost our lease and have to liquidate everything in a hurry. Everything must go at low fire sale (maybe not tonight but eventually it’ll end up a fire sale) prices. Pre-approved credit through special UN deal (unless your application is vetoed by the Chinese or Russian loan officers) for most serious buyers. Be sure to ask about our upcoming openings in Cairo, Kabul and Yemen.

OWN CHEAPER THAN RENT!!!!! Building for Sale: Downtown Tehran. Vacant for many years, this fix-me-up handyman special can still turn out to be a nice move for the right family! Non-American Muslims only we’re afraid, must be willing to maintain large “Home of the Great Satan” sign on front lawn, on Historical Registry. Offering 444 day lease only. Diplomatic family preferred. PostingID: 28379012577

Copyright © 2012. All rights reserved under International and Pan-American Copyright Conventions. The views expressed here are solely those of the author(s) in their private capacity and do not in any way represent the views of the Department of State, the Department of Defense or any other entity of the US Government. The Department of State does not approve, endorse or authorize this blog or book. Follow us on Twitter!

Posted in Democracy, Embassy/State, Iraq