Campaign 2008

More
explainer
columns

What's a Bank Run?
And how do you get on the FDIC's secret problem list?
Jacob Leibenluft
posted July 18, 2008
So Help You, Dog
How does a canine cop become a "sworn officer?"
Brian Palmer
posted July 18, 2008
Blind Reading
Why would booksellers buy a title without knowing anything about it?
Noreen Malone
posted July 17, 2008
How Terrorists Say "Hello"
Do members of al-Qaida really give one another fist bumps?
Juliet Lapidos
posted July 15, 2008
Why Are Red Cross Reports Confidential?
The organization accuses the U.S. of torture but doesn't tell anyone.
Jacob Leibenluft
posted July 14, 2008
Search for more explainer articles
Subscribe to the explainer RSS feed
View our complete explainer archive

explainer: Answers to your questions about the news.

Can the FBI Punish the 9/11 Whistle-blower?

By Julie Bosman
Posted Wednesday, May 29, 2002, at 7:04 PM ET

FBI Special Agent Coleen Rowley is seeking protection under whistle-blower laws after writing a memo criticizing the agency's treatment of the Zacarias Moussaoui investigation. Will those laws protect Rowley's job?

Probably not. The Whistleblower Protection Act of 1989 protects federal employees who are punished or lose job status because they rat on their bosses. Most federal employees can appeal any such punishment and ask for an outside review. But bureau employees are promised only an internal investigation, severely limiting their ability to reclaim job status.

So, what happens to Rowley now? First, an FBI inspector general will investigate the allegations detailed in the memo. If the inspector general decides Rowley's status merits a hearing, the case will be transferred to the Office of Attorney Recruitment and Management, which was given jurisdiction by the Department of Justice.

Rowley's job might also be saved by public pressure or symbolic protection from Congress. Though they haven no formal protective powers, any Senate member may speak on her behalf when she is called to testify.

Another possible lifeline: FBI Director Robert S. Mueller himself promised whistle-blower protection to all FBI employees in a November memo. In it, he vowed not to tolerate "reprisals or intimidation" by employees against whistle-blowers.

Next question?

Explainer thanks Stephen Kohn, attorney and chairman of the board of directors of the National Whistleblower Center, and FBI spokesman Paul McCabe.