On Valentine’s Day, the THE SUBCOMMITTEE ON NATIONAL SECURITY, EMERGING THREATS AND INTERNATIONAL RELATIONS OF THE HOUSE COMMITTEE ON GOVERNMENT REFORM, chaired by Rep. Christopher Shays of Connecticut, held a hearing. The hearing involved the treatment of whistleblowers in our intelligence agencies. The witnesses were SPC SAMUEL J. PROVANCE, Department of the Army; LIEUTENANT COLONEL ANTHONY SCHAFFER, USAR, MICHAEL GERMAN, FBI and RUSSELL TICE, NSA, and RICHARD LEVERNIER, from the Department of Energy. They all detailed mistreatment in the aftermath of whistleblowing. I really could pick any of their experiences to make my point, but I am selecting the testimony of Michael German of the FBI.
Mr. German was assigned to an investigatory team that had discovered a meeting in America between a foreign terrorist and a domestic terrorist. He learned that crucial evidence in the case was derived from illegal warrantless wiretaps.
In August of 2002, I learned that part of the January meeting had been recorded illegally, in violation of Title III wiretap regulations. When I brought this to the attention of the Orlando supervisor responsible for the investigation, he told me we were just going to pretend it didn’t happen.
In 14 years as an FBI agent I had never been asked to look the other way when I saw a violation of federal law. I chose to report this violation to my superiors, and that’s when my journey in the labyrinth began.
Read his testimony below. We are not getting the best intelligence possible because we are ruining the careers of honest intelligence officers that dare to speak out. We are not getting any terrorist related convictions because the FBI refuses to obey the law and collect intelligence according to legal statutes.
Shortly after the September 11th attacks, FBI Director Robert Mueller made public statements urging FBI employees to report any problems that impeded FBI counterterrorism operations. He offered his personal assurance that retaliation against FBI whistleblowers would not be tolerated.
I listened and obeyed the director’s orders. I reported misconduct in a terrorism case through my chain of command as directed. I did my duty.
Unfortunately, Director Mueller did not uphold his end of the bargain. Retaliation was tolerated, accepted, and eventually successful in forcing me to leave the FBI.
I am here today to tell you about a system that is broken. The Department of Justice inspector general’s report on my case provides a rare post-9/11 glimpse into the dysfunctional management practices that continue to obstruct FBI counterterrorism operations and continue to allow FBI managers to retaliate against agents who report their misconduct. But the IG report is too little, too late. I am here not because I think you can help me; I am here because your action is needed to fix a broken system before another terrorism investigation is allowed to fail.
At the time I made my complaint I had 14 years of experience as a special agent of the FBI. During my career I twice successfully infiltrated terrorist organizations, recovered dozens of illegal firearms and explosive devices, resolved unsolved bombings and prevented acts of terrorism. I had an unblemished disciplinary record, a medal of valor from the Los Angeles Federal Bar Association, and a consistent record of superior performance appraisals.
In early 2002, I was asked to assist in a Tampa Division counterterrorism operation that started when a supporter of an international terrorist organization met with the leader of a domestic terrorist organization. This January 2002 meeting was recorded by an FBI cooperating witness as part of an ongoing FBI domestic terrorism investigation.
I quickly became aware of deficiencies in the case, but informal efforts to get the case on track were met with indifference by FBI supervisors. In August of 2002, I learned that part of the January meeting had been recorded illegally, in violation of Title III wiretap regulations. When I brought this to the attention of the Orlando supervisor responsible for the investigation, he told me we were just going to pretend it didn’t happen.
In 14 years as an FBI agent I had never been asked to look the other way when I saw a violation of federal law. I chose to report this violation to my superiors, and that’s when my journey in the labyrinth began.
Over the next two years my complaint was passed from my ASAC to the Counterterrorism Division to the Tampa Division SAC to the FBI’s Office of Professional Responsibility to the Department of Justice inspector general, and to the FBI Inspection Division, none of whom actually initiated an investigation. Instead, FBI officials backdated, falsified, and materially altered FBI records in an attempt to cover up their mistakes.
Meanwhile, I was removed from one terrorism investigation, prevented from participating in a second terrorism investigation, and barred from training other agents in the undercover techniques that enabled me to infiltrate terrorist groups. Retaliatory investigations against me were pursued by FBI inspectors who refused to divulge the names of my accusers or document their interviews.
For two years I worked within the system to try to get these deficiencies addressed with no success. My career was effectively ended. When it became clear that no one would address this matter appropriately, I chose to report the matter to Congress and to resign from the FBI in protest.
Only the public exposure of this matter finally compelled the IG to act. Last month, a full year and a half after I resigned, three years after my first formal complaint to the IG, and four years after these events took place, did the IG finally issue a report of its investigation.
That report confirms many of my original allegations. The Tampa Division terrorism case was not properly investigated or documented. The Tampa Division supervisors failed to address these deficiencies. The only effort Tampa Division made in response to an illegal wiretapping violation was to place the tape in the personal possession of the Orlando supervisor while Tampa managers officially denied that the recording existed. The IG found that Tampa officials backdated and falsified official FBI records in an attempt to obstruct the internal investigation of my complaint.
The IG report details a continuous collaborate effort to punish me for reporting misconduct by FBI managers, yet the FBI — yet the IG only grudgingly admits that I was retaliated against. The Orlando supervisor justified removing me from one case because I unilaterally discussed the case with headquarters. A Portland SAC tells his staff that my participation in a second terrorism investigation is problematic because I was a whistleblower who requested to speak to Congress. The unit chief with the undercover unit tells the staff that I will never work undercover again. Yet none of this is considered retaliation.
Meanwhile, the FBI managers who backdated, falsified, and materially altered FBI records were given a pass.
I hope you, as members of Congress responsible for overseeing the Department of Justice, find this unacceptable.
In closing, my odyssey is a clear example of the need for greater congressional oversight of the FBI and the Department of Justice. The system is broken. It was broken before 9/11, and it’s not been fixed. This is not a question of balancing security interests against liberty interests; it’s a question of competence and accountability. Neither security nor civil liberties are protected when incompetent FBI managers can so easily falsify FBI records to cover up their misconduct.
I would request that in addition to my written statement to the committee, that my written response to the investigator general’s staff report be admitted as well.
Thank you.
REP. SHAYS: Thank you, Mr. German. Mr. German, I could have closed my eyes when you talked about falsification and so on. When we had our hearing about Mr. Salvati (ph), who was in prison in death row for 30 years because two FBI agents falsely accused him, knew that he was innocent of a crime because they knew who committed the crime, but because they were trying to cover up one of their sources they let him languish in prison for 30 years, and his wife visited him every week for 30 years. He’s out now. But wouldn’t it have been incredible if someone from the FBI had been a whistleblower then?
Thank you for your testimony.
