A former Federal Bureau of Investigations agent recently leaked that the agency forced him to sign a nondisclosure agreement that did not include the requisite whistleblower exceptions clause that allows him to go to Congress. Republican lawmakers such as Senators Chuck Grassley (R-IO) and Ron Johnson (R-WI) demanded that the FBI answer questions about this incident and the two senators wrote a letter to the FBI about this matter, according to Just the News.
As Just the News noted, “Whistleblower protections have been enshrined in federal law for more than a decade, and federal agencies may not use taxpayer dollars for nondisclosure agreements without including whistleblower exceptions. However, former Special Agent Steve Friend, who came forward in the fall with claims that the FBI used excessive tactics and did not follow its own rules in probing the Jan. 6 riot, provided the GOP senators with the nondisclosure agreement he was forced to sign that did not include the required anti-gag provision.”
Grassley’s and Johnson’s letter to the director of the FBI and the attorney general of the United States underscored that “[t]hese accountability measures are critically important because they ensure whistleblowers know they have the right to disclose government fraud, waste, and abuse to Congress and Inspectors General. Federal agencies cannot conceal their wrongdoing behind illegal nondisclosure agreements and related documents.”
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The letter requested answers to its list of questions and documentation on the requested matters. The two Republican lawmakers also wrote a letter to Justice Department Inspector General Michael Horowitz informing him of “additional acts of apparent wrongdoing by the FBI and request your office investigate the FBI’s alleged retaliation against former Special Agent Friend.”
The Empower Oversight organization, which is “a nonprofit, nonpartisan educational organization dedicated to enhancing independent oversight of government and corporate wrongdoing”, also released a press statement decrying the FBI’s conduct. Within that statement, the president of the organization is noted as saying that “Special Agent Friend followed the rules during his time as both an agent and a whistleblower. As a result, he was punished with an illegal nondisclosure agreement and stonewalling from a federal agency that is still limiting his ability to provide for his family. The FBI is not above the law, and Congress needs to hold it accountable. “
The president added that “While Empower Oversight applauds the oversight efforts of Senators Chuck Grassley and Ron Johnson, we urge others in Congress to use their constitutional authorities to help them investigate this illegal use of taxpayer dollars and put some teeth into the anti-gag restrictions. Congress cannot allow agencies to thumb its nose at its power of the purse. Those who blow the whistle deserve to be protected, not punished and silenced.”
The press release noted that “Empower Oversight has assisted former Special Agent Friend in his role as a whistleblower, challenging his improper supervision and making further protected disclosures against the FBI. Last month, Empower Oversight wrote to the DOJ-OIG ensuring that Friend’s allegations had not been rejected by the agency. Days later, Assistant Inspector General Sean O’Neill informed Empower Oversight that the agency is still interested in interviewing Friend regarding his claims against the agency. This came on the heels of two Freedom of Information Act (FOIA) filings from Empower Oversight on February 1, 2023, that sought answers on the actions of DOJ-OIG and FBI against Friend.”
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