The Justice Department Office of the Inspector General discovered that the FBI and other federal law enforcement agencies took away the security clearances and pay of whistleblower agents without giving them a chance to appeal the decision promptly. This suspension policy could leave these employees without money and unable to return to their jobs or find new work.
The lack of an appeal process is a big problem, especially at the Department of Justice components, where employees are indefinitely suspended without pay during security investigations that can last for many years. Because of this, it can be very hard for these employees to keep their jobs while the security clearance review is happening. The Inspector General also found similar issues with the security clearance policy at the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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The FBI has been under criticism for how it treats whistleblowers, with many of them saying the bureau retaliated against them or punished them for their political views by taking away their security clearances and pay. The FBI has not yet commented on the Inspector General’s report.
In addition, the Justice Department was criticized for not having an appeal process for employees whose security clearances are suspended for more than a year and who believe they are being retaliated against. The Inspector General made several recommendations to address these problems, including allowing employees to file a retaliation claim with the OIG when a security clearance review or suspension lasts longer than a year, ensuring that employees are informed of their right to file a retaliation claim, and putting in place a process to resolve suspension cases as quickly as possible.
The report also mentioned that in the past five years, 106 FBI employees had their clearances suspended for six months or longer, with an average time of 527 days between suspension and a decision to revoke or reinstate the clearance. This is a very long time, especially considering that the FBI can complete major fraud cases in a much shorter time.
Several FBI whistleblowers have also shared their stories, saying that they and their families were financially ruined by the FBI’s actions. This includes agents Marcus Allen, Garrett O’Boyle, Kyle Seraphin, and Stephen Friend, who all testified before House lawmakers about their experiences.
Overall, the Inspector General’s report highlights the challenges faced by whistleblowers within federal law enforcement agencies, and the need for a fair and timely appeals process for employees whose security clearances have been suspended.