Government Accountability Project

Protecting Corporate, Government & International Whistleblowers since 1977

Legislation

And the "Secret Hold" Culprit is ... House Republican Leadership?!

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This past weekend, GAP and the NPR show On The Media (OTM) announced an end to their "Blow the Whistle" campaign, which sought to identify which U.S. Senator placed a 'secret hold' during the final hours of the last session of Congress, killing the Whistleblower Protection Enhancement Act (WPEA). The crowd-sourcing effort, which relied on citizens to contact their respective senators and report back findings, led GAP and OTM to eliminate all but two senators during the three month campaign.

A shocking revelation about the 'secret hold' emerged during the campaign. According to GAP, based on multiple sources inside congressional offices, one of the two remaining senators killed the bill at the request of Republican leadership in the House of Representatives.


GAP Legal Director Tom Devine commented, "Whistleblowers risk their professional lives to fight government fraud, waste and abuse. How can taxpayers trust any politician who campaigns on that pledge, and then secretly kills rights for government workers who risk their careers to deliver it? House leadership owes taxpayers an explanation as to why they started sabotaging those campaign promises just weeks after the election, before they even began governing. Even more important, Speaker John Boehner owes taxpayers a commitment that this will not happen again."

GAP and OTM are able to confirm, based primarily on information from our supporters and listeners (respectively), that all but two senators were not responsible for the hold on the bill. The final, remaining suspects are Republican Jon Kyl of Arizona, and Republican Jeff Sessions of Alabama. Both Senate offices have steadfastly refused to identify which one formally placed the hold. But the distinction is academic. Four times now since 2004, these two senators have taken turns placing holds that blocked Senate action on the WPEA.

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Update!: Senator Risch Ruled Out, Only Senators Sessions & Kyl Remain as ‘Secret Hold’ Suspects

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Senator James Risch’s (R-ID) office has confirmed that he had no policy objections to S. 372 last Congress. The Senator’s office held firm to its policy that “it dos not comment on secret holds”; however, through deductive reasoning, he does not fit the bill, so to speak. In turn, GAP has removed Senator Risch from the tapering list of prospective senators that placed the hold on S. 372.

That leaves Senators John Kyl and Jeff Sessions, both part of the Senate leadership team. Four times now since 2004, their offices have taken turns placing holds that blocked Senate action on the WPEA. As reported earlier, Sen. McConnell’s office has denied placing the hold, and Sen. Kyl provided a rather cryptic response to your queries:

“The Senate passed S. 372 on Dec 14, 2010 and the House passed a different version of the legislation on Dec 22. With only hours left in the session, the Senate did not have sufficient time to review the House’s changes and reconcile the differences between the two bills.”


Read more on Sen. Kyl’s response here
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Be sure to tune in this weekend to On The Media, GAP’s partner in the campaign, when GAP Legal Director Tom Devine and the OTM staff will announce the end of the campaign, reveal what we’ve found, and explain where we go from here!

Dylan Blaylock is Communications Director for the Government Accountability Project, the nation's leading whistleblower advocacy organization.

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'Secret Hold' Campaign Results Coming This Weekend on On The Media

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This weekend, GAP and On The Media will conclude our campaign to identify the senator who placed the anonymous hold on the Whistleblower Protection Enhancement Act (WPEA), effectively killing the bill at the end of the last congressional term. GAP Legal Director Tom Devine will wrap up the campaign and its findings on On The Media.

Since the campaign began in early January, we were able to rule out nearly every senator as being a suspect. After the list of prospective senators was narrowed down to five (as a result of your steadfast advocacy!), over 1,000 people signed our Change.org petition urging these remaining senators to either confirm or deny placing the hold. This increased pressure allowed us to further eliminate Senator McConnell and Senator Vitter, leaving only Senator Risch, Senator Kyl, and Senator Sessions as potential suspects.

Please check with your local NPR station to see what time On The Media will air this weekend, and tune in to listen to Tom Devine speak about the conclusion of the campaign, and where we're going from here!

Additionally, GAP wishes to extend a heartfelt thank you to all of our supporters who participated in our campaign. Because of your efforts, whistleblower rights for all federal employees are closer to becoming a reality.

Lindsay Bigda is Communications Fellow for the Government Accountability Project, the nation's leading whistleblower advocacy organization.

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Did Sen. Kyl Indirectly Admit to Blocking Whistleblower Protections?

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jon_kyl_azDear Arizonans:

First off, thank you. You've already responded to GAP and the NPR show On The Media's campaign to identify the senator who put the "secret hold" on the Whistleblower Protection Enhancement Act (WPEA). We've seen results (because of you!) in eliminating Sen. John McCain as a suspect.

But one of your senators, Jon Kyl, is one of only three senators left who has not confirmed or denied placing the hold.

Furthermore, Senator Kyl is a particularly interesting subject. He's been contacted no less than 12 times regarding this issue by his constituents - and it appears that his press secretary is dodging calls on the matter. In response to emails, at least three constituents have received the following letter from Sen. Kyl:

“Thank you for contacting me about the Whistleblower Protection Enhancement Act (S.372) . The Senate passed S. 372 on Dec 14, 2010 and the House passed a different version of the legislation on Dec 22. With only hours left in the session, the Senate did not have sufficient time to review the House’s changes and reconcile the differences between the two bills.“

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Jeff Sessions Doesn’t Think Alabamans Have a Right to Know His Views?

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Dear Alabaman Supporters of Whistleblowers:

First off, thank you. You've already responded to GAP and the NPR show On The Media's campaign to identify the senator who put the "secret hold" on the Whistleblower Protection Enhancement Act (WPEA). We know that you understand why this is important, and we've seen results in eliminating Sen. Richard Shelby as a suspect.

But one of your senators, Jeff Sessions, is one of only three senators left who has not confirmed or denied placing the hold.

Furthermore, we know -- from the Senator's staff directly -- that Senator Sessions believes that his actions regarding secret holds "are private," and therefore not a matter of his constituents' concerns. From your notes:

Jeff Sessions' aide Caroline explained to caller on 1-19-2011 that anonymous holds are 'anonymous' and that he is 'very private.' Subsequent calls have gotten similar responses.

The senator has been contacted no less than twelve times on this issue from people like you. Which leads us to a question:
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Attention Idahoans! Does Sen. James Risch Believe he Should Keep Transparency Issues From You?

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Dear Idahoan Supporters of Whistleblowers:

First off, thank you for your actions. You already know that GAP is teaming up with the NPR show On The Media to identify the Senator who put the "secret hold" on the Whistleblower Protection Enhancement Act (WPEA). We know that you understand why this is important (we've seen your actions and results in contacting Sen. Risch and Sen. Crapo). And you know that one of them -- James Risch -- is one of only three senators left who has not confirmed or denied placing the hold.

It's time for all of us to step up the campaign. Because of your efforts and according to your notes,   Specifically, according to your notes:

"Press Secretary Kyle Hines, as well as other staffers have repeatedly told callers that the Senator does not comment on Secret Holds. Hines has said "That's his policy - that's his right" and "He just doesn't comment on them."

Really? Really? It's the senator's right to keep his views and actions on government transparency private, and not have to explain them to his constituents?

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Calling All Louisianans: Is Senator Vitter Operating Secretly? Ask him!

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david_vitter_official_portrait*3/4/11 UPDATE: Senator Vitter's office confirmed that he did not place the hold.

Dear Louisianans:

You already know that GAP is teaming up with the NPR show On The Media to identify the Senator who put the "secret hold" on the Whistleblower Protection Enhancement Act (WPEA) -- a bill that would have provided federal employees with real protections when they expose fraud, corruption, waste, or other wrongdoing.

We know that you understand why this is important (we've seen your actions and results in contacting Sen. Vitter and Sen. Landrieu - thank you!). And you know that one of your senators -- David Vitter -- is among only five senators left who has not confirmed or denied placing the hold.

It's time for all of us to step up the campaign. Because of your efforts, and according to your notes, we know that Sen. Vitter and his staff are avoiding commenting on the issue directly. In many cases, senate staff of the remaining offices have simply promised to call back (but never do), or dismissed the issue "as a matter of policy" that their office doesn't comment on holds.

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