“All that is needed for evil to prosper is for people of good will to do nothing”—Edmund Burke The

Whistle NO. 50, APRIL 2007 Newsletter of Whistleblowers Australia Media watch

Sorry … Jan did behaviour. But if that level of criminal Vic: Whistleblower cop activity goes on in our workplaces, it do the right thing suggests there’s something about the claims union bullying Hugh Mackay nature of the workplace itself that Australian Associated Press Sun Herald (Sydney) loosens the moral constraints govern- 11 February 2007 4 March 2007, p. 65 ing other aspects of our lives. Readers of this column have sent in Victoria’s police force is led by a IT’S clear from readers’ responses to countless examples of poor behaviour “mate-ocracy” under the control of the the recent column about the bullying of at work, often involving bullying and highly influential police association, a nurse that our workplaces often almost always involving bad outcomes whistleblowers say. throw up the greatest moral challenges for the people who speak up. Your And they say the so called mate- we face. stories suggest that the moral climate ocracy rewarded loyalty more than Many people seem capable of in many workplaces is, indeed, ethics. behaving quite differently at work conducive to bad behaviour. Detective Senior Constable Peter from the way they behave with their Many readers took exception to my Kos, a former member of the police families and friends: less open, less recent suggestion that the nurse I association executive, has spoken out honest, more prepared to cut moral called Jan had perhaps entered “hazy about his fight with the union over corners — sexually as well as finan- moral territory” by complaining about paying the legal fees of detectives cially — and more prepared to treat the bullying of someone else in the accused of drug trafficking. each other badly. hospital where she worked. Now an Ethical Standards Depart- Perhaps it’s the sense of the The overwhelming view among ment member, Det Sen Const Kos was commercial imperative overriding all readers was that Jan had acted properly a union executive for three years. others that brings out the worst in and that we should speak up about He told the Nine Network today he some of us. Since the primary purpose bullying whenever it occurs, whether it was victimised for being a dissenting of business is to make a profit, the affects us directly or not. voice on the board when four police- temptations to behave unethically are A reader from Queen’s Park men sought legal funding to fight many and varied, and the pressures of reminded me that “it is morally correct corruption charges. the commercial marketplace can to oppose abuse in all its forms, and to The four, including Detective encourage recklessness in people who stand up for those who are victimised, Sergeant Glenn Saunders — a former might otherwise be fair, kind and no matter how difficult, for this is the senior vice-president of the union — reasonable. actual meaning of morality”. were later acquitted. Or perhaps it’s the nature of the A teacher, similarly, pointed out Last year, without Kos, the union workplace itself — a place character- that schoolchildren are now being agreed to pay the fees, the program ised by quite intense personal relation- taught to be part of a “telling” said. ships where people are more exposed community, in which victims and Det Sen Const Kos said there was to each other, in a wide variety of bystanders should speak up. an anomaly in the approval process in testing circumstances, than in most On reflection, I had drawn quite the 2003 when a sub-committee approved other areas of their lives, even includ- wrong conclusion about Jan. When we the funding, without his knowledge, ing marriage. consider the peculiar moral climate of between monthly meetings. Workplaces are often like hot- so many workplaces, there seems no “I was unaware that the funding of houses, generating pressure partly alternative but to speak up. Shine the their legal defence in relation to their from the need to meet deadlines and light in dark places. Always. committal (hearing) was held between goals (commercial and otherwise) and Will you lose your job as a result? meeting dates, which was not a normal partly from the need to get along with Many readers have, and some regret process.” all kinds of people you might not having spoken up. Were they right to In 2004 and again in 2005 the necessarily choose to spend so much do so? Of course, not only because board voted unanimously to reject time with. their courage will have left its mark, application. Research conducted in 2003 by but because the moral climate at work The program said confidential PricewaterhouseCoopers showed that will never improve until “speaking up” information was leaked to Saunders 47 per cent of Australian businesses becomes the norm. blaming Det Sen Const Kos and two had suffered from some form of others for rejecting the application, and economic crime — theft, fraud, despite requests the leak was never corruption, bribery — in the previous investigated by police. two years. The vast majority were Also, Union Secretary Senior committed by employees against the Sergeant Paul Mullett sent an email to companies they worked for. every delegate in Victoria saying Kos That’s actual crime we’re talking was spying on the union on behalf of about, not merely morally dubious

PAGE 2 THE WHISTLE, #50, APRIL 2007 the media and force command, the It makes for horrific reading and the other tertiary hospitals? Are they program said. these are but a small selection of the squeaky clean? They may well be but Det Sen Const Kos, who now many more cases occurring over the would anyone at these institutions needs 24-hour security, rejected the 1990s. whistle blow after what has happened allegation made by the union. A whole decade when no one to Mr Moodie? Former corruption investigator spoke up. Then eventually the newly Why should we believe that the Simon Illingworth said investigating appointed chief executive, Michael culture of cover-up that reigned for 10 the police force was a dangerous job. Moodie, took note of what the nurses years at KEMH does not infiltrate our “It’s almost like a mate-ocracy, were saying about the clinical culture other tertiary hospitals? What if where loyalty above all else, in fact in at KEMH and blew the whistle. The anything is the current director-general some cases in the policing context it’s Government’s stated reason for not of health, Neale Fong, doing to find loyalty no matter what, or else,” he releasing the chapter earlier? That it out and to reassure us? said. would create problems for the families Shipped out to the South-West, Mr Victoria’s former deputy Commis- involved in reliving these events. Moodie set up a citizens’ jury and a sioner Bob Falconer said the union Yet in The West one mother coura- public forum to bring transparency to needed to lift its game. geously told of her very sad experience the workings of the area health service “In this state and others, they have at KEMH and how the publication of that he headed up there. These doggedly defended people accused of the missing chapter had at last brought mechanisms allow ordinary citizens to corruption and, dare I say, they have some sort of closure. have a say in the values underpinning ridiculed or lampooned those who The real reason the chapter was not the health system. Yet at a State level charge them,” Mr Falconer said. published? The doctors threatened the values continue to be set almost “I think that police unions should legal action if it was released! Note, it certainly by the doctors, very certainly lift the bar and that somewhere in their was not those who suffered and the without any sort of public scrutiny. articles … they should have something families of those who lost babies That needs to change. This is our there, and mean it, about professional- unnecessarily who were to be — the WA citizens’ — health service. ism, ethics and honesty.” protected. It was the doctors. Why did Many doctors I am sure are distressed Comment was being sought from the Government cave in to the doctors at what happened at KEMH. Yet since Sen Sgt Mullet and Victoria Police. and suppress that chapter? Would the the publication of the missing chapter, doctors really have taken legal action? I have seen no response from the AMA The Government should have called or from individual doctors. their bluff. They chose not to. Profes- Please, any of you good docs out Trust went missing sor Geoff Dobb, WA president of the there who care about the standing of with KEMH secrets AMA, stated in advance of the release your profession, now is the time to Gavin Mooney of the missing chapter: “I very much speak up. West Australian, 5th January 2007 doubt there is anything in it that would There are two messages from the serve the public interest by releasing it scandal at KEMH. The values under- I have great respect for the noble now.” pinning our health service are too profession of medicine. To care for Oh dear, what about accountability important to be left to the doctors patients and strive to reduce suffering and transparency, Professor Dobb? alone. And doctors and the Department is a marvellous way to make one’s The rest is history. The then direc- of Health must now work to regain the contribution to society. tor-general of health Mike Daube people’s and the patients’ trust. That is what good medicine, good moved Mr Moodie out to the South- Accountability and transparency doctors — and most are good — are West to graze. Yet the denigrated Mr must now be the watchwords. about. Moodie was not only innocent. But for But doctors must earn our respect his whistle blowing, KEMH might still Gavin Mooney is Professor of Health and trust as citizens. be proceeding with its bad ways. Only Economics at Curtin University and co- Most do. I have a delightful caring one doctor suffered directly. But the convenor of the WA Social Justice Network. GP, a lovely man, and I think he is good guy gets done over! technically a good GP. I really don’t In a parallel case in Britain, at know, but I trust him. The nature of Bristol, the whistle blower there got an medicine and of health services are honourable mention in their Parliament such that we have to take much on from their Minister of Health who trust. stated that he (the whistle blower) was I have read the “missing chapter” “owed a debt of gratitude for what he of the Douglas Inquiry into King did”. Edward Memorial Hospital. This So what now? All but four of the chapter deals with the poor clinical recommendations of the Douglas management of 92 cases. Five years Inquiry have apparently been imple- later it has only just been released mented. But have they made a differ- under FOI. ence to outcomes at KEMH? We have not been told. Why not? What about

THE WHISTLE, #50, APRIL 2007 PAGE 3 U.S. lets The agreements amount to he was terminated illegally in retalia- “economic coercion,” GAP lawyer tion for whistle-blowing. But the whistle-blowers lose jobs Tom Carpenter said. “It’s silencing $175,000 offer had a catch: the Peter Eisler those workers by removing them. … It decorated Air Force veteran had to USA Today, 13 March 2007 sends a message to everyone on site agree to give up his job and never that raising a concern gets you a work for the university again. The federal government is sanctioning lifetime employment ban.” Lab spokeswoman Lynda Seaver agreements that cost whistle-blowers Whistle-blowers often wait months says the employment ban was “a their jobs after they expose safety and or years without pay while their cases mutual decision.” security lapses at nuclear facilities and await legal reviews. They tend to Zipoli, who was on the lab’s toxic waste sites, Labor Department accept settlements with employment SWAT team, sees it differently. “It’s a records show. bans because they need the back pay victory in which you must accept Federal law requires the depart- and monetary damages, Carpenter said. defeat,” he says. “I was under huge ment to safeguard whistle-blowers Gregory Keating, a Boston lawyer financial pressure because of the debt I from reprisals and approve settlements who represents employers in whistle- incurred while I was unemployed. I of their retaliation claims against blower cases, said the restrictions are had to sell my house. If I hadn’t taken private or federal employers. Yet 45 of legitimate. “These agreements are (the settlement), it would have taken 73 settlements approved since 2000 knowing, they’re voluntary, and you decades to unbury myself.” involving whistle-blowers who have a federal agency putting its stamp Congress has passed a series of complained of environmental and of approval on them that says the laws aimed at protecting whistle- nuclear safety problems included public interest is covered,” he said. blowers from retaliation when they permanent bans on working for the If the Labor Department fails to bar expose safety and security problems at employer. employment bans, Dingell said, he will nuclear and hazardous waste sites. The Rep. John Dingell, Democrat from consider legislation to do so. Whistle- Labor Department must approve Michigan, chairman of the House blowers “should be treated as heroes, settlements when retaliation is alleged Energy and Commerce Committee, not pariahs,” he said. to ensure that the agreements are in the said in a statement that the clauses public interest. amount to blacklisting, which is barred Zipoli’s settlement is one of 45 under whistle-blower protection laws. since 2000 that were approved with He promised to investigate their use: Had to accept “defeat,” lifetime employment bans. The settle- “It is especially troubling to now learn says whistle-blower ments were among 73 obtained by the that our own Department of Labor … Peter Eisler Government Accountability Project is recklessly approving (employment USA Today, 13 March 2007 (GAP), a whistle-blower advocacy bans) to the detriment of individuals group, under the Freedom of Informa- who had the audacity to report Police officer Mathew Zipoli had two tion Act. wrongdoing.” years of service and a key job on the GAP and Representative John The employment bans stem from security force at Lawrence Livermore Dingell, who chairs the House Energy cases in which companies settled National Laboratory when he con- and Commerce Committee, want the charges that they wrongly fired or tacted federal authorities in 2001 to department to prohibit employment disciplined whistle-blowers. In some report safety and security lapses at the bans in settlements. The department cases, the settlements came after state nuclear weapons facility, legal records has promised to study the issue. or federal authorities validated the show. GAP gave USA Today access to the workers’ concerns about safety and settlements it received. Among those health issues. with employment bans: The Labor Department released the • Donna Trueblood, who worked at agreements under a Freedom of a private hazardous waste incineration Information Act request filed by the plant in East Liverpool, Ohio. She was Government Accountability Project fired after telling state and federal (GAP), a whistle-blower advocacy environmental officials that toxic group that provided the records to USA Mathew Zipoli material was not being handled Today. according to legal requirements. A GAP has petitioned the department Seven months later, many of judge ruled that her employer, Von to prohibit the employment bans. The Zipoli’s concerns had been confirmed Roll America, had illegally retaliated. group said the bans violate the by a federal investigation. The Univer- The settlement, for an undisclosed workers’ rights to keep their jobs under sity of California, which runs the sum, barred Trueblood from working whistle-blower protection laws. government lab, had promised to fix at the site. The Labor Department would not the problems. And Zipoli had been • Steve and Ginny Wallace, who comment on details of the settlements fired — wrongly, a state arbitrator later worked for a private contractor it released to GAP. In a written state- ruled. handling high-level nuclear waste at ment, it said it is “giving careful It took nearly three years for the the government’s Hanford nuclear consideration” to GAP’s petition. university to settle Zipoli’s claim that weapons reservation in Washington.

PAGE 4 THE WHISTLE, #50, APRIL 2007 They were fired in 2003 after reporting and the cost goes up by the minute. According to the New York Times that workers were being exposed to Mr. Hubbard was fired. he acquired his disfavored status when toxic fumes. After federal and state Secretary of the Treasury Paul he gave a speech before the last investigations, the contractor, CH2M O’Neill opposed tax cuts for the rich presidential election saying he was HILL, was directed to bolster worker and federal budget deficits. He was voting for John Kerry. Things got even safeguards. The settlement of the fired. Lawrence Greenfield was the worse for him in December, 2005. Wallaces’ wrongful termination claim director of the Bureau of Justice That was the month in which he gave a barred them from work at Hanford. Statistics. A congressionally ordered dangerous speech of the sort that Both settlements bar all parties study found that Hispanic and black frightens George Bush. He said there from discussing the agreements’ terms. motorists were three times more likely should be a prompt reduction in Gregory Keating, a labor lawyer to be searched or have their vehicles emissions of greenhouse gases linked for employers, says companies have a searched than were whites. Mr. to global warming. legal right to put whistle-blower Greenfield included the findings in his Mr. Bush disapproves of global complaints behind them. “The agency’s press release announcing the warming. It’s not the warming itself of employer is saying, ’We’ve cooperated study’s results. He was told to delete which he disapproves. It’s the concept. with the government, we’re willing to the reference and refused. He was That’s why he backed the United resolve this and pay you X amount,’” demoted. States out of the Kyoto treaty. Not he says. Brian Steidle was a Marine captain everyone opposes the concept. There Catherine Fisk, who teaches labor who worked in Darfur, Sudan as a are some people even smarter than law at Duke University Law School, military advisor. He showed people George Bush who think global counters, “There’s a public interest in pictures of acts of genocide taking warming may threaten mankind’s very not getting rid of employees who are place there. The state department existence. Mr. Bush does not like to watchdogs.” ordered him to quit showing the hear from them because they contra- Zipoli, who now owns a restaurant photos. He refused. Nicholas Kristoff dict what he believes. Just as Mr. Bush outside Hartford, Connecticut, says he of the New York Times reports that Mr. thinks he can do whatever he wants applied for law enforcement jobs but Steidle has been told he is blacklisted because he’s president even if it means gave up. “It always boiled down to from all U.S. government jobs. breaking the law, he also thinks he can what took place at Livermore,” he There are other examples. These believe whatever he wants even if he’s says. “You’re seen as a troublemaker suffice to let Dr. Hansen know that he wrong. instead of someone with honor and is in good company. The rest of us can He can also silence anyone who integrity.” take no such comfort. works for him who, not sharing his ignorance, publicly says so. After Dr. Hansen gave his speech he was told that thenceforth the Insti- Whistleblowers tute’s public affairs staff would be and witch hunters required to “review his lectures, Christopher Brauchli papers, postings on the Goddard http://www.counterpunch.org website and requests for interviews 13 February 2006 from journalists.” This was not because all these Some are fired. Some are simply people are smarter and better informed muzzled. When considering whether than Dr. Hansen. The reason every- those events are a distinction or a thing must be reviewed is that the disgrace the question that must be administration wants to control what asked is “Who did it?” If it’s George Mr. Bush’s subjects hear. Dr. Hansen W. Bush it’s a distinction. And so says he will ignore the restrictions. James E. Hansen joins Glen Hubbard, James Hansen “They feel their job is to be this censor Paul O’Neill, Lawrence Greenfield, of information going out to the public” Brian Steidle, Susan Wood and a host Dr. Hansen is the longtime director he was quoted as saying. of others who have been muzzled or of NASA’s Goddard Institute for Of course people at the Goddard fired for failing to promulgate or for Space Studies and has been with the Institute disagree. exposing Bush lies. agency since 1967. He is one of the Dean Acosta is the deputy assistant Glen Hubbard was chairman of the world’s experts on global warming. He administrator for public affairs. He Council of Economic Advisors. Before has been warning about the dangers of said that there was no effort to silence the Iraq war started George Bush and global warming for 18 years. Dr. Dr. Hansen. “That’s not the way we his lying cronies told the world the war Hansen says that 2005 was the operate here at NASA. We promote would cost $50 billion. Mr. Hubbard warmest year on record. He says the openness and we speak with the facts.” said the war would cost $200 billion. burning of fossil fuels has caused a In the hated December speech Dr. They were both wrong. To date the buildup of heat-trapping greenhouse Hansen not only warned of the perils war has cost more than $238 billion gases. He has not been popular with of global warming. He said that he and George Bush for some time. other climate scientists were being

THE WHISTLE, #50, APRIL 2007 PAGE 5 muzzled. As the litany of muzzled and Whistle-blower filings Lack of protection fired officials described above demon- Since the terrorist attacks on Sept. 11, For those who are fired or have their strates, Dr. Hansen is in good com- 2001, the average number of employ- security clearances revoked — tanta- pany. It’s the rest of us who suffer ees filing whistle-blower disclosures mount to firing in the intelligence when the administration protects us with the government has risen 43%, agencies — there is little recourse. from the truth. We’ll get used to it. from an average of 376 annually in the Most national security whistle- four years before the attacks to 537 blowers are not protected from retalia- Christopher Brauchli is a lawyer in annually after. The statistics are kept tion by law. That’s because the intelli- Boulder, Colorado. He can be reached by the Office of the Special Counsel, gence-gathering agencies are exempted at [email protected] an independent federal investigative from the 1989 Whistleblower Protec- agency that handles whistle-blower tion Act, which guarantees investiga- cases if employees prefer not to tions into disclosures made by federal Whistle-blowers tell of directly confront their bosses about employees and protects whistle- suspicions of wrongdoing. blowers from retaliation. cost of conscience An increasing number of whistle- Whistle-blowers employed by Number of complaints rises from blowers allege that rather than being these agencies must seek recourse government workers who say they embraced, they’re being retaliated within the same agency they are confronted bosses over wrongdoing against for coming forward. blowing the whistle on. And even if and then faced retaliation for it In the four years before the terrorist the investigators within their own Catherine Rampell attacks, whistle-blowers filed an agency confirm reprisal allegations, USA Today average of 690 reprisal complaints the investigators have no power to 24 November 2006, p. A13 with the OSC annually. Since the remedy the situation. attacks, an average of 835 complaints Devine says the U.S. Court of He knew there were problems. He have been filed each year, a 21% Appeals for the Federal Circuit has didn’t think he was one of them. increase. ruled against whistle-blowers in 125 of In 2002, decorated FBI Special The number of whistle-blower 127 of the reprisal cases seen by the Agent Mike German was investigating reprisal complaints is higher than the court since 1994. “They’ve gutted the meetings between terrorism suspects. number of whistle-blower disclosure law,” Devine says, “and it’s degener- When he discovered other officers had complaints because employees can file ated into a rubber stamp for retalia- jeopardized the investigation by reprisal complaints with the OSC even tion.” violating wiretapping regulations, he if they had not previously filed their Lawmakers recently considered reported what he found to his supervi- disclosure with the OSC. two sets of legislation that would affect sors, in accordance with FBI policy. “The sad reality is that rather than whistle-blowers. One attempted to At the time, Coleen Rowley, the learning lessons from 9/11, the extend the Whistleblower Protection FBI agent who had raised concerns government appears to have become Act to cover intelligence agency about how the pre-9/11 arrest of al- more thin-skinned and sensitive,” says employees through amendments to the Qaeda conspirator Zacarias Moussaoui Tom Devine, legal director of the 2007 Defense Authorization Bill. was handled, was being hailed as a Government Accountability Project, a In October, a conference committee national hero. German says he had also non-profit group that offers legal aid to removed the whistle-blower amend- just received a mass e-mail from FBI whistle-blowers. ments from the final version of the bill. Director Robert Mueller, urging other Even advocates have begun to The other bill that might affect whistle-blowers to come forward. dissuade some government employees whistle-blowers stiffens penalties for “I was assuming he’d protect me,” from coming forward. knowingly leaking classified informa- German says. “When I get calls from people tion to those not authorized to receive Instead, German says his accusa- thinking of blowing the whistle, I tell it. That bill was introduced by Sen. Kit tions were ignored, his reputation them ‘Don’t do it,’” says William Bond, Republican from Missouri, in ruined and his career obliterated. Weaver, a professor at the University response to recent leaks to the media Although the Justice Department’s of Texas at El Paso and a senior about national security programs, says inspector general confirmed German’s adviser to the National Security Bond’s press secretary, Rob Ostrander. allegations that the FBI had “mishan- Whistleblowers Coalition. “Most of “When classified information is dled and mismanaged” the terrorism the time they go ahead and do it printed in the newspapers, it’s not just investigation, he says he was barred anyway and end up with their lives Americans who read it,” Ostrander from further undercover work and destroyed.” says. “It’s also America’s enemies.” eventually compelled to resign. FBI Those who come forward often Bond’s legislation would make spokesman Bill Carter declined to face harassment, investigation, prosecuting leakers easier by elimi- comment. character assassination and firing — nating the need to prove the disclosure The experience is familiar to other not to mention the toll their whistle- damaged national security. The government employees who have blowing takes on their families, measure would subject those who leak blown the whistle on matters of Weaver and Devine say. classified information to a fine and up national security since 9/11. to three years in prison. It would apply to those who signed a non-disclosure

PAGE 6 THE WHISTLE, #50, APRIL 2007 agreement, regardless of their job at The abandoned Abu While still at Guantanamo, Darby, the time of the leak. in fear of retaliation, slept with a gun The bill uses language identical to Ghraib whistleblower under his pillow. The Army decided to that in a 2000 bill — dubbed the Nat Hentoff bring him back to the United States, “Official Secrets Act,” after a similar Zwire.com, 22 December 2006 ahead of his unit. Back home in British law — that was vetoed by Cumberland, Maryland, the whistle- President Clinton. It has been endorsed In his farewell address at the Pentagon, blower was a pariah. The commander by the Association of Intelligence Donald Rumsfeld said that the worst of the local Veterans of Foreign Wars Officers, a 31-year-old group of 4,500 day of his nearly six years as Secretary post, Colin Engelbach, told 60 Minutes current and former intelligence offi- of Defense was the disclosure to the Darby “was a rat. He was a traitor. He cers. world of the photographs of the abuses let his unit down, he let his fellow Bond’s legislation has been at Abu Ghraib. soldiers down.” referred to the Senate Judiciary Those pictures might never have Darby heard that in Cumberland, Committee. If it does not make it to a been known were it not for Joseph people who had known him since he floor vote by the end of this session, he Darby, then a specialist with the was born — “my parents’ friends, my will have to resubmit it when the next Army’s 372nd Military Police grandparents’ friends turned against session begins in January. Company at Guantanamo Bay. me.” And his wife, Bernadette, heard The National Security Whistle- Because his moral code told him “it people there say that her husband was blowers Coalition, the Government had to stop,” Darby may never be able “a dead man … walking around with a Accountability Project and various to return home to Maryland. bull’s-eye on his head.” media organizations have criticized the legislation and claimed it would deter When he arrived at Dover Air Force whistle-blowers from coming forward. base, with his wife there to meet him, Ostrander says, “There are the Army told Darby it wasn’t safe for adequate opportunities for whistle- him to go back to Cumberland, adding: blowers to contact superiors and the “You can probably never go home.” federal inspector general’s office or And, indeed, reported Anderson their own representatives” without Cooper, “the Army’s security assess- leaking classified information to ment had concluded: the overall threat outside sources. of criminal activity to the Darbys is National security whistle-blowers imminent. A person could fire into the who have come forward since 9/11 Joseph Darby residence from the roadway.” aren’t so sure. Darby, who left the Army recently, Many had been star employees at In the December 10 interview with misses his home, as does his wife. the top of the pay scale and had spent Darby on CBS’ 60 Minutes, he told Their current residence is secret. “It’s decades in civil service before blowing how the photos had been given to him not fair,” Bernadette Darby told the the whistle. The median number of by one of the perpetrators of the abuse, New York Daily News (December 8). years of government service for his friend, Charles Graner, now in “We’re being punished for (him) doing National Security Whistleblowers prison. Knowing, as he says, the the right thing.” Coalition members is 22 years, says difference between right and wrong, Does Darby regret that he turned Sibel Edmonds, an FBI whistle-blower Darby, anonymously, turned the over the pictures? “No, because if who founded the coalition. Edmonds pictures over to the Army’s Criminal they’d been given to somebody else, it and others worry that fear of commit- Investigation Division. But they knew might not have been reported. We’re ting career suicide may dissuade others where he worked, and the investigation Americans,” he told Anderson Cooper. from coming forward. began on who gave him the pictures. “We’re not Saddam … We hold “I’m one of the last people who Darby told the 60 Minutes inter- ourselves to a higher standard. Our survived,” says Rowley, the former viewer Anderson Cooper that he had soldiers hold themselves to a higher FBI whistle-blower and Time no idea the photos would go around standard.” magazine “Person of the Year” who the world; “but you can’t stand by and He would do it again: “They broke recently lost her bid for a U.S. let this happen.” the law, and they had to be punished. congressional seat in Minnesota. She Several months later, 60 Minutes II It’s that simple.” This American felt he says widespread, favorable media obtained the pictures from another had no choice. “The abuse had to coverage saved her FBI career source; a New Yorker magazine article stop.” “But is that the important story revealed Darby’s name; and Defense Left out of the otherwise admirable here — that one person in the country Secretary Rumsfeld said, at the time, in and necessary 60 Minutes report, has been fired or is not being used to testimony before Congress that among “Exposing the Truth” — and its their fullest potential?” she asks. “It’s those “who did their duty profession- subsequent press coverage — was any the country that’s going to suffer from ally” when the story broke was “First mention of who was ultimately respon- a lack of whistle-blower protections.” Specialist Joseph Darby, who alerted sible for the abuses at Abu Ghraib and the appropriate authorities that abuses at other prisons in Afghanistan and were occurring.” Guantanamo. Charles Graner, Lynndie

THE WHISTLE, #50, APRIL 2007 PAGE 7 England and some of the other low- changed his life forever – for the “Disbelief,” Darby says. “I tried to level guards in those photos have been worse. think of a reason why they would do punished, but not those much higher in Growing up in Appalachia, Joe this, you know.” the chain of command. Darby was just an ordinary Joe. He “Well there’s some who say, signed up to be an MP in the Army ‘Look, this is a valuable interrogation In early 2002, when the Defense Reserve. His local unit was sent to Abu tool,’” Cooper remarks. Department asked for instructions on Ghraib where Darby worked in an “These were MPs. Our job wasn’t how far they could go in extracting office, while others guarded the to interrogate prisoners,” Darby says. intelligence information from hard-to- prisoners. And then, one day when “There has been testimony that crack detainees, a cadre of high-level Darby wanted scenic pictures to send some of the MPs were told to soften lawyers at the Justice Department and home, he spotted the unit’s camera the prisoners up, that this was part of Pentagon — orchestrated by Alberto buff, prison guard Charles Graner. that,” Cooper says. Gonzales, then Counsel to the Presi- “So I walked up to Graner and I, “And I’ve heard that. And I wasn’t dent — set the grim climate for what you know, ‘Hey do you have any there. I didn’t work the tier. I can’t say happened at Abu Ghraib and else- pictures?’ And he said ‘Yeah, yeah, that that didn’t happen,” Darby replies. where. hold on.’ Reaches into his computer But no matter why they were doing In a series of memos — a story first bag and pulls out two CDs and just it, Darby knew what they were doing broken by Jess Bravin on the front hands them to me,” Darby remembers. was wrong. page of the June 7, 2003, Wall Street Asked if he thinks Graner realized “I’ve always had a moral sense of Journal — he disclosed: “Bush what was on these discs, Darby says, right and wrong. And I knew that you administration lawyers contended last “I don’t think he realized what was on, know, friends or not, it had to stop,” year that the president wasn’t bounded but I don’t think it would have Darby says. by laws prohibiting torture and that mattered either way. I knew Graner Darby says his unit was close-knit, government agents who might torture and Graner trusted me.” many of the members coming from prisoners at his direction couldn’t be That trust was about to change similar small town backgrounds. prosecuted by the Justice Department.” Darby’s life forever. He copied Still, Darby decided he had to turn Among these lawyers: the most Graner’s discs and gave him back the in the pictures but he didn’t want his influential, John Yoo, is back teaching originals. Later, when Darby looked at friends to know that he had done it. law at the University of California; Jay the photos he first saw scenic shots of Asked why it was important to him Bybee sits on the Ninth Circuit Court Iraq, but then he came upon the to remain anonymous, Darby says, “I of Appeals; and the presidential pictures that launched the scandal. One knew a lot of them wouldn’t under- nomination of William Haynes II to a of the first shots was a photo of a stand and would view me being a stool federal appellate court is still pending pyramid of naked Iraqis. pigeon or however, a rat, however you in Congress. And Alberto Gonzales is “I didn’t realize it was Iraqis at want to put it.” now Attorney General of the United first, you know? ’Cause we lived in “You knew there would be some States. prison cells too,” Darby says. kind of investigation?” Cooper asks. Also not held accountable, above At first, Darby thought the pictures “I knew these people were going to them, are the president, the vice were maybe of American soldiers prison,” Darby says. And in his president and Donald Rumsfeld. But goofing off. “I laughed. I looked at it opinion, they deserved to go to prison. Joe Darby can’t go home. and I laughed. And then the next photo Darby copied Graner’s pictures was of Graner and England standing onto a disc and put it in an envelope Nat Hentoff is a nationally renowned behind them. And I was like, ‘Wait a with an anonymous letter. He took the authority on the First Amendment and minute. This is the prison. These are envelope to the Criminal Investigations the Bill of Rights and author of many prisoners.’ And then it kind of sunk in Division — CID — and told them it books, including The War on the Bill of that they were doing this to prisoners. had been left on his desk. Rights and the Gathering Resistance, This was people being forced to do “I said, ‘This was left in my office. Seven Stories Press, 2003. this,” Darby recalls. I was told to give it to the CID.’ I said, Forced, Darby said, by Graner, ‘Have a nice day, Sir,’ and turned who he called the ring leader. around and walked away,” Darby Exposing the truth Asked what Charles Graner was recalls. of Abu Ghraib like, Darby says, “If you were around Darby hoped that would be the end him long enough you saw that he had a of it but within less than 45 minutes, CBS Broadcasting, 7 December 2006 dark side, a morbid side.” the investigator came to him. And a sadistic side, according to And the investigator knew that Exposing the truth has not been easy Darby, who told 60 Minutes Graner Darby wasn’t telling the truth. He for Joe Darby. He turned in the directed the abusive posing and picture promised to keep Darby’s name secret, pictures of prisoner abuse at Abu taking during his night shift when he and convinced him to explain how he Ghraib in Iraq — pictures he discov- and his buddies were alone with the had really gotten those pictures. Then ered purely by accident. prisoners. investigators immediately began to He tells correspondent Anderson What was going through his mind round up the suspects. Cooper how he came upon those when he clicked through the photos? pictures, and how turning them in has

PAGE 8 THE WHISTLE, #50, APRIL 2007 “Once they were brought in, once The commander of the local VFW “They said, ‘If you had to choose, this investigation began, were they [Veterans of Foreign Wars] post, Colin where would you want to live?’ And removed from the base?” Cooper asks. Engelbach, told 60 Minutes what you know basically where do you pick, “No,” Darby says. “They still had people were calling Darby. you know? You’ve lived a whole life their weapons. They still had unlimited “He was a rat. He was a traitor. He in one area,” he says. access to the facility and me the whole let his unit down. He let his fellow Asked if it seemed fair to him, time, for almost a month.” soldiers down and the U.S. military. Darby says, “No.” He says he was very scared and Basically he was no good,” Engelbach “It’s not fair. That we’re being even slept with a pistol under his says. punished for him doin’ the right pillow. “With my hand on it. I put it in Asked if he agrees with that, thing,” his wife Bernadette adds. my pillow case, I put my hand on it Engelbach says, “I agree that his The local VFW commander told and cocked it, cocked the hammer and actions that he did were no good and Cooper the military was right to keep I’d sleep with it under my hand under borderline traitor, yes.” Darby out of town. “Probably so. my pillow,” he remembers. “What he says in his defense is There was a lot of threats, a lotta He slept like this every night. “I ‘Look. I’m an MP. And this is phone calls to his wife,” Engelbach slept in a room by myself. And something which was illegal,’” Cooper remembers. anybody could come in in the middle remarks. He says there was a lot of anger in of the night. You walk in the door, you “Right. But do you put the enemy Cumberland. “‘Cause it really did put hang a left, and then come in and cut above your buddies? I wouldn’t,” our troops in harm’s way more so than my throat,” Darby says. Engelbach replies. they already were,” Engelbach says. “And you really thought that could [CBS editor’s note: Colin Bernadette Darby says she heard happen, someone could cut your Engelbach, the commander of the people calling her husband a traitor, throat?” Cooper asks. VFW post in Cumberland, was giving that he was a dead man and that he was “I knew that if they found out who his own personal opinions to 60 walking around with a bull’s eye on did it, they would be after me,” he Minutes and not speaking for the VFW his head. says. or anyone else.] To keep Joe and Bernadette safe, Weeks later, the guards under Their hometown held a vigil for the military moved them to an Army investigation were removed and Darby members of his unit, including the base with body guards around the could finally sleep without a gun under accused, not however, for Joe Darby. clock. “I couldn’t go anywhere without his pillow. The suspects were gone, “These were people who knew me security. Nowhere,” Darby remembers. and his name was still secret. since I was born. These were people “Even goin’ to a restaurant?” Several months later, 60 Minutes II who were my parents’ friends, my Cooper asks. broke the story of the pictures. An grandparents’ friends that turned “We walk in with, me and her and article in The New Yorker revealed against me,” Darby says. six guys?” Darby says, laughing. “And Darby’s role, though no one in Iraq To prevent any soldiers from all of ’em are armed.” seemed to notice. retaliating against him in Iraq, the Darby says he was protected by But then, while Darby was having military sent Darby back to the states bodyguards for almost six months. lunch in the mess hall watching early, ahead of the rest of his unit. While he was a villain to his Donald Rumsfeld testify before “I get called into my commander’s neighbors, he was a hero to people he Congress about Abu Ghraib, the office at like ten o’clock at night. He had never met, including Caroline defense secretary said, “There are said, ‘Do you have your bags packed?’ Kennedy and Senator Ted Kennedy, many who did their duty professionally I said ‘Sir, we live in a tent. I always who gave him a “Profile In Courage” and we should mention that as well. have my bags packed.’ He said ‘Good. award in honor of President John F. First, Specialist Joseph Darby, who Be on the flight line. In an hour you Kennedy. alerted appropriate authorities that leave,’” Darby recalls. Joe left the Army recently, and he abuses were occurring.” When Darby arrived at Dover Air misses it. He and Bernadette miss their “I just stopped in mid bite. I was Force Base, his wife Bernadette was hometown as well. They say they’ll eating and I just stopped. What the hell there to meet him. He thought they never move back to Cumberland. just happened? Now the anxiety came would head back home, but the Army Instead they’ve moved on, but they are back. Now, I’m worried,” Darby had other plans. still wary. remembers. “Everyone in the unit An officer asked Darby what he All Darby will say is that they have knew within four hours.” wanted to do. “I said, ‘Sir, I just want started over. He doesn’t want to share What was the reaction? to go home. I’ve always just wanted to what he does now, where he lives or “It wasn’t as bad as I thought it go home.’ He said, ‘Well son, that’s talk about his family. “I worry about would be. You know, I got support,” not an option.’ He said, ‘The Army the one guy who wants to get even Darby says. Reserve has done a security assess- with me,” he explains. “And that one But he didn’t get support back ment of the area and it’s not safe for guy could hurt me and my family.” home in Cumberland, Maryland, a you there. You can’t go home,’” Darby Asked if this has made him military town that felt Darby had remembers. “‘You can probably never paranoid, Darby says, “To a degree.” betrayed his fellow soldiers. go home.’”

THE WHISTLE, #50, APRIL 2007 PAGE 9 And some relatives from both sides ourselves to a higher standard. Our troduced in a later period when addi- of the family have turned against him soldiers hold themselves to a higher tional funds were available to balance and his wife. standard.” the books, with accounts falsified to Six of the seven guards involved in Asked if he’d do it again, Darby appear on time and on budget. the abuse went to prison. Darby testi- says, “Yes. They broke the law and The whistleblower will not be fied against Charles Graner. “He just they had to be punished.” named — but said he would be identi- gave me this stone cold evil stare, the “And it’s that simple?” Cooper fied if called before a parliamentary entire time I was on the stand. Didn’t asks. select committee to give evidence. take his eyes off me once,” Darby “It’s that simple,” he replies. “I believe the public have a right to recalls. know,” he said. “What was the look?” Cooper asks. The allegations are among the most “‘You put me here. And someday serious against a government agency I’ll repay you for it,’” Darby says. Agency pays since Labour came to power in 1999. Darby had been under a gag order whistleblower A spokesman for Mr Carter said until the trials ended. He gave his first to keep quiet the minister wanted an assurance from interview to GQ. And he told 60 the agency’s board that the Govern- David Fisher and Patrick Crewdson Minutes he wants to restore his unit’s ment could have confidence in its New Zealand Herald on Sunday honor. financial reporting. 9 April 2006 “I want people to understand that I “The Minister is calling the board went to Iraq with 200 of the finest in on Monday for a full report on these A former civil servant was gagged by servicemen I’ve ever seen in my life. allegations and how they’ve been Housing New Zealand Corporation But those 200, for the rest of their dealing with them. bosses after alleging serious account- lives, their unit is gonna carry a bad “He does not believe it is appropri- ing problems involving millions of name because of what seven individu- ate for the confidentiality agreement taxpayer dollars. als did,” Darby says. that the allegations refer to, to prevent Housing Minister Chris Carter has Maj. Gen. George Fay, who members of the public raising concerns called for urgent explanations from the investigated Abu Ghraib, told 60 with MPs or Ministers,” he said. agency after being told of a Herald on Minutes that Graner and his gang took “He does not believe it’s appropri- Sunday investigation into the handling the vast majority of the pictures for ate and will be communicating as of the allegations. their own sadistic amusement, but that much to Housing NZ Corporation.” He has called a board meeting in a few cases, military intelligence The spokesman said Mr Carter was tomorrow and issued a reprimand over officers had asked the gang to soften not ruling out further action and would the involvement of corporation chief up a prisoner. The general called take advice from agencies responsible executive Helen Fulcher and senior Darby “courageous” for blowing the for monitoring Housing NZ, including executive Gerard Coles in gagging a whistle. the Department of Building and whistleblower. Darby says he didn’t want the Housing. On Friday evening, Housing NZ pictures leaked to the media. “I never Mr Snedden said the agency had Corporation admitted to the Herald on thought it would be anything the media taken “significant action” to investi- Sunday it was a mistake to ban a public would get a hold of, and even if they gate the allegations. So far, they servant from taking the allegations to did, I didn’t think it would be as big as related to technical and accounting government ministers. it was,” he says. processes rather than matters of deeper Board chairman Pat Snedden also “Do you wish that it wasn’t you concern. confirmed the corporation would call who was given the CDs?” Cooper “We have found nothing untoward. in external auditors to review its books asks. The matters would appear to relate to — although Mr Carter has signalled “No, because if they had been issues of technicality and accounting wider inquiries. given to somebody else, it might not process routinely dealt with through The whistleblower, who held an have been reported,” Darby says. our own audit and assurance executive position at HNZC, has told “And would that have been so bad, programme.” the Herald on Sunday that: if it had never been reported?” Cooper Mr Snedden said he was now • accounting of taxpayer money asks. calling in external auditors Ernst & was being “manipulated” so “Ignorance is bliss they say but, to Young to carry out the investigation programmes “come out on budget” actually know what they were doing, because the allegations had become • a senior manager in Housing NZ you can’t stand by and let that public. “Their report will be available is aware of the accounting “manipula- happen,” Darby replies. to the minister on completion,” he said. tion” and is “encouraging it” “There’s still a lot of people though He said the contract that banned the • management reports supplied to that’ll say ’Look, you know, so what whistleblower from “his unfettered Mr Carter are “untrue” they did this. You know, Saddam did right to raise any matter with an MP or • there is deliberate lack of scrutiny things that were much worse,’” Cooper minister” went too far. “This was a over invoices being sent to one remarks. mistake on our part.” He said the particular division of the corporation “We’re Americans, we’re not contract was signed to protect the • overspending of $2.1 million of Saddam,” Darby says. “We hold taxpayer money was hidden and rein-

PAGE 10 THE WHISTLE, #50, APRIL 2007 privacy of staff named in the allega- “At the lowest level of interpreta- The contract, dated December 14, tions. tion, the data would suggest that agrees to pay a former Housing NZ The action by Mr Carter comes accounting information is being executive his final pay of $3000 on after eight months of fighting by the fudged, perhaps to keep within budget condition “you agree not to communi- whistleblower, who made his allega- constraints that are placed on Housing cate publicly or privately” his concerns tions known to NewstalkZB radio New Zealand Corporation,” he said. about accounting manipulation. It three weeks ago, to have his concerns Act [Liberal Party] leader Rodney specifically tells the whistleblower he properly investigated. Hide has viewed Mr Coles’ letters and is not allowed to discuss his concerns In a letter dated November 23 last called for a full inquiry into the with “any Minister, [or] MP.” year, the corporation promised the civil allegations. The contract was written by Gerard servant — a former contractor — his “These are very serious allegations Coles, Housing NZ’s general manager most serious allegations would be of financial mismanagement and the of assurance services, one level below investigated by external auditors. It fudging of the books,” he said. chief executive Helen Fulcher. It also also states that other less serious “The sums aren’t trivial and what’s states the contract is “subject to chief allegations would be investigated alleged is deliberate misstating of the executive approval.” internally. corporation’s financial position.” The contract also states that the Then Mr Coles, with Ms Fulcher’s Mr Hide also condemned the payment is “not an admission of any approval, had the whistleblower sign agency’s handling of the whistle- wrong-doing by HNZC or it’s [sic] an agreement that banned him from blower’s complaints. employees.” speaking to “any Minister, [or] MP.” “It’s truly shocking that Housing It states that the agreement is It stated that the former civil New Zealand would then attempt a confidential and the former executive servant would receive his $3000 final cover-up of what is alleged by a will have to pay back the $3000 if he pay only if he signed the agreement. If gagging order that prevents the discloses it. he refused, that money would have whistleblower from even seeing his “I would be outraged if a govern- been withheld. MP. That alone is cause for an ment employee was shut down because The agreement also watered the inquiry.” he wanted to reveal something that was level of inquiry down to be carried out National Party finance spokesman going wrong in that department,” Mr to the “satisfaction of HNZC’s external John Key, a former executive at Hodge said. auditors.” investment banking giant Merrill “You can’t take away people’s The whistleblower came forward Lynch, said that although he hadn’t constitutional rights, whether it’s after emails from the agency last seen the details of the allegations, they suffrage or access to the Government month caused concern that the entire appeared to warrant further investiga- or access to your representative. That investigation was being carried out tion. is not something that one can surrender internally. “I’m concerned that a government by contractual agreement.” The whistleblower left the corpo- agency is making employees sign And he said it was illegal for ration in August last year after raising gagging contracts that include Housing NZ to make the executive’s his concerns with management. monetary payments, especially when final pay conditional on a confidenti- He became involved in an argu- it’s the employee’s own money in the ality agreement. ment with one manager and was first place,” he said. “You never need to sign an exit banned from the Manukau national “We don’t want this example to set agreement with respect to receiving office after refusing to apologise. a precedent for other cases where that which is yours as of right.” The Herald on Sunday has copies whistleblowers are paid off.” of letters sent to the man from Mr Mr Key sits on the finance and Coles, confirming the allegations were expenditure committee and said he made by the whistleblower last year. would urge the committee to launch an Housing NZ accounting documents inquiry. obtained by the Herald on Sunday Editor’s comment were studied by John Leonard, a foren- Lawyer says Thanks for everyone who sent me sic accountant for Gerry Rea Associ- gagging contract “illegal” media items for possible use in The ates who spent seven years with the Whistle — including those I wasn’t Serious Fraud Office. A Housing NZ Corporation gagging able to use. Please send me your He said information in the spread- contract is probably illegal and own articles too! sheets raised concerns that should be impossible to enforce, says Auckland Brian Martin studied by an independent body. University constitutional and employ- “There are several things that, for ment law expert Bill Hodge. me, need to be investigated or at least Mr Hodge said public servants had explained. I believe the allegations are an automatic duty of confidentiality, such that it is worthy of a high-level but there was an exception when their independent review, perhaps at minis- employer was committing fraud or terial level or Audit New Zealand. another crime, or when there was an over-riding public interest.

THE WHISTLE, #50, APRIL 2007 PAGE 11 Whistleblowers Australia contacts 2007 AGM and conference Postal address: PO Box U129, Wollongong NSW 2500 New South Wales “Caring & Sharing” meetings We listen to your story, The Whistleblowers Australia Annual General provide feedback and possibly guidance for your next few steps. Held every Tuesday night at 7.30pm, Presbyterian Meeting and Conference this year will be on 24 Church Hall, 7-A Campbell St., Balmain 2041. and 25 November, in Sydney. It will be held in General meetings are held in the Church Hall on the first a very attractive semi-rural setting in North Sunday in the month commencing at 1.30pm. (Please confirm before attending.) The July general meeting is the Parramatta, fully accessible by train and bus. AGM. The conference centre, managed by the Contact: Cynthia Kardell, phone 02 9484 6895, fax 02 - Uniting Church, is modern, with all facilities, 9481 4431, [email protected] and has its own accommodation. The theme Website: http://www.whistleblowers.org.au/ Goulburn region: Rob Cumming, phone 0428 483 155. for the conference is tentatively Wollongong: Brian Martin, phone 02 4221 3763. “Whistleblowing in 2007: what lies ahead?” Website: http://www.uow.edu.au/arts/sts/bmartin/dissent/ Queensland: Feliks Perera, phone 07 5448 8218, [email protected]; Greg McMahon, phone 07 3378 7232 (a/h) [also Whistleblowers Action Group contact] South Australia: Matilda Bawden, phone 08 8258 8744 (a/h); John Pezy, phone 08 8337 8912 Tasmania: Whistleblowers Tasmania contact: Isla MacGregor, 03 6239 1054 Victoria Meetings are normally held the first Sunday of each month at 2.00pm, 10 Gardenia Street, Frankston North. Contacts: Stan van de Wiel, phone 0414 354 448; Mervyn Vogt, phone 03 9786 5308, fax 03 9776 8754. Whistle Editor: Brian Martin, [email protected], phones 02 4221 3763, 02 4228 7860. Address: PO Box U129, Wollongong NSW 2500. Associate editors: Don Eldridge, Kim Sawyer, Isla MacGregor. Thanks to Cynthia Kardell and Patricia Young for proofreading.

Whistleblowers Australia membership Membership of WBA involves an annual fee of $25, payable to Whistleblowers Australia, renewable each June. Membership includes an annual subscription to The Whistle, and members receive discounts to seminars, invitations to briefings/ discussion groups, plus input into policy and submissions. If you want to subscribe to The Whistle but not join WBA, then the annual subscription fee is $25. The activities of Whistleblowers Australia depend entirely on voluntary work by members and supporters. We value your ideas, time, expertise and involvement. Whistleblowers Australia is funded almost entirely from membership fees, donations and bequests.

Send memberships and subscriptions to Feliks Perera, National Treasurer, 1/5 Wayne Ave, Marcoola Qld 4564. Phone 07 5448 8218, [email protected]

PAGE 12 THE WHISTLE, #50, APRIL 2007