DOJ Not Handling Whistleblower Cases Involving Cleared Personnel Properly: OIG
The Department of Justice (DOJ) is not following federal law, when it comes to handling complaints from whistleblowers who hold security clearances.
That’s in a new management advisory memo from the DOJ Office of Inspector General (OIG) to Deputy Attorney General Lisa Monaco.
In the memo, Inspector General (IG) Michael Horowitz said DOJ is violating federal law by failing to include an appeals process for employees who allege retaliation and whose security clearance has been suspended for more than one year.
That is required under the 2014 Intelligence Authorization Act and subsequent regulations from the Office of the Director of National Intelligence (ODNI).
“This lack of appeal process is especially problematic at DOJ components that indefinitely suspend employees without pay for the duration of the security investigation and review process, which can sometimes last years,” wrote Inspector General Horowitz.
The IG noted that DOJ is also not following federal law which requires individuals with a retaliation claim to retain employment status while the review is pending, noting that DOJ does not place any limitations or provide guidance on how long an employee can be suspended indefinitely without pay.
“As a practical matter, therefore, the ability of an employee who has been indefinitely suspended without pay to retain their employment status can be rendered meaningless when that suspension lasts for a substantial period of time. Therefore, existing DOJ practice is inconsistent with the intent of the federal statute,” stated the memo, which noted that most federal employees cannot afford to go without pay for a year.
Horowitz said the department’s policy is problematic because the security clearance review process could easily be weaponized to retaliate against whistleblowers.
The OIG made four recommendations, which DOJ concurred with.