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whistleblowers
New Lawsuit Reveals Trump Quietly Fired Head of Office That Protects Whistleblowers
"This illegal firing undermines the office that investigates whistleblower disclosures of wrongdoing and enforces the law meant to keep partisan politics out of the federal workforce," wrote one watchdog group.
Feb 10, 2025
Special Counsel Hampton Dellinger, the head of an independent federal agency that protects whistleblowers, filed a lawsuit in federal court Monday alleging that U.S. President Donald Trump's "purported" dismissal of him via email on Friday is unlawful and ignores for cause removal protections that Dellinger is entitled to.
Dellinger is one of a number of officials at independent federal agencies that Trump has moved to fire in recent weeks.
According to the complaint, Dellinger received an email from Sergio Gor, director of the White House Presidential Personnel Office, on February 7, which read: "On behalf of President Donald J. Trump, I am writing to inform you that your position as special counsel of the U.S. Office of Special Counsel is terminated, effective immediately. Thank you for your service[.]"
The complaint lists six defendants, including Gor, Trump, acting Special Counsel of the Office of Special Counsel (OSC) Karen Gorman ("upon the purported removal" of Dellinger, according to the complaint), Treasury Secretary Scott Bessent, Chief Operating Officer of the OSC Karl Kanmann, and Director of the Office of Management and Budget Russell Vought.
Dellinger is requesting that the court declare his firing unlawful and affirm that he is the head of the OSC.
The filing also asks the court to order that "Bessent, Gor, Kammann, and Vought may not place an acting special counsel in plaintiff Hampton Dellinger's position, or otherwise recognize any other person as special counsel or as the agency head of the Office of Special Counsel."
The watchdog group Project on Government Oversight called the move against Dellinger "illegal" and wrote on X on Monday that it "undermines the office that investigates whistleblower disclosures of wrongdoing and enforces the law meant to keep partisan politics out of the federal workforce."
The OSC is both an investigative and prosecutorial agency whose main mission is to protect federal employees from "prohibited personnel practices"—in particular reprisals for whistleblowing. The office is different from the "special counsels" that the U.S. Department of Justice may appoint to prosecute cases in instances where they deem there may be a conflict of interest.
Dellinger was nominated to be the special counsel of the OSC by then-President Joe Biden in 2023 and was confirmed by the Senate to a five-year term that was set to expire in 2029.
The complaint cites federal statute, which mandates that "the special counsel may be removed by the president only for inefficiency, neglect of duty, or malfeasance in office." Dellinger's legal counsel argues that the email from Gor does not accuse Dellinger of "any inefficiency, neglect of duty, or malfeasance... nor could it."
In late January, Trump fired National Labor Relations Board Member Gwynne Wilcox, who has since sued over her dismissal, as well as two Democratic members of the Equal Employment Opportunity Commission. Federal Election Commission Commissioner and Chair Ellen Weintraub also said that Trump tried to remove her improperly.
The Trump administration also purged over a dozen inspectors generals who perform oversight duties at various federal agencies.
The filing also argues that the removal of these sorts of civil servants makes the work of the OSC all the more important.
"Congress authorized the OSC with a crucial investigative and oversight role to protect the integrity of the civil service in circumstances such as these," wrote Dellinger's lawyers.
"The recent spate of terminations of protected civil service employees under the new presidential administration has created controversies, both about the lawfulness of these actions and about potential retaliation against whistleblowers," they added.
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Why Congress Must Extend Whistleblower Protections to Government Contractors
If the Expanding Whistleblower Protections for Contractors Act is passed, more contractors could feel empowered to stand up for what is right with crucial information.
Nov 15, 2024
With the recent presidential election, violence in the Middle East, and intense natural disasters prominent in the current news cycle, it’s understandable that major legislation is getting overlooked. However, there is one bill in particular that the public should keep its eyes on due to its potential impact on all aspects of our politics, like government accountability, immigration, and even public health: S. 1524, the Expanding Whistleblower Protections for Contractors Act.
Although there is existing legislation aimed at protecting government contractors, it is lackluster at best. Contractors can still face roadblocks on the way to truth-telling, such as limited jury trials, blacklisting, retaliation, and even a dearth of protections for refusing to violate the law. However, the Expanding Whistleblower Protections for Contractors Act increases protections for jobs funded by taxpayer dollars and closes these loopholes for federal contractors to build greater transparency in our government.
To find a case study on the importance of this legislation, one needs to look no further than the February 3, 2023 Norfolk Southern train derailment in East Palestine, Ohio, which sent forever chemicals and combustible materials, such as vinyl chloride (a toxic flammable gas), across the community and temporarily displaced 1,500 to 2,000 people. Three days later, authorities burned 116,000 gallons of vinyl chloride and other highly toxic chemicals from five tankers, sending a dense black toxic cloud over the entire region that could be seen from space. It was recently determined that the toxic fallout of materials from the derailment and burn have been detected in 16 states.
Less than a day after the derailment, the Environmental Protection Agency (EPA) failed to follow procedures to fly its Airborne Spectral Photometric Environmental Collection Technology (ASPECT) plane for data collection of chemical levels in the area. Had it done so, the agency could have determined that the chemicals in the unexploded tanks were cooling and no longer posed a threat of explosion, making the so-called “control burn” unnecessary and its fallout avoidable. In fact, the ASPECT plane remained grounded for five days until the toxic cloud had dissipated. In the aftermath of the derailment, Dr. Robert Kroutil, an EPA contractor with Kalman & Company and a key developer in the ASPECT program, was concerned about the inordinate and unnecessary delays.
With improved and stronger whistleblower protections, Dr. Kroutil would most likely not have been forced into retirement because of the threats. He could have stood his ground while still on the job.
When he finally received data to analyze, he was shocked that the plane only collected data for seven minutes when more typical flights would collect hundreds of minutes of data. He also learned that the sensors were turned off when the plane flew over creeks, waterways, and the crash site itself. He and his fellow scientists reported that the presence of contamination was inconclusive. A few weeks later, the EPA used this report to conclude that the data collection was a success, and it was safe for residents to return to their homes when in fact the reason the results were inconclusive was because the EPA failed to collect the necessary data. Dr. Kroutil was so upset about what was happening, he filed a Freedom of Information request for documents such as back-dated flight plans. When he was threatened with termination unless he withdrew his requests, he decided to retire and go public with his revelations. He had no faith in the current, inadequate legal protections. The EPA retaliated by calling his claims “false” within minutes of hearing about them. The Office of Inspector General has determined, however, that a full investigation of his concerns is warranted, supported by many other whistleblowers.
With improved and stronger whistleblower protections, Dr. Kroutil would most likely not have been forced into retirement because of the threats. He could have stood his ground while still on the job. Unfortunately, similar events have already occurred surrounding the failure to deploy the ASPECT aircraft.
Since his disclosure of EPA’s mismanagement, two train derailments in Illinois and North Dakota have resulted in the spill of hazardous chemicals and mirror problems with the response to the derailment in East Palestine. In both incidents, the EPA failed to deploy its ASPECT chemical sensing aircraft to collect data. Instead, ASPECT at the time of the derailments was performing a nonemergency assessment near Buffalo, New York, collecting data on a legacy contamination issue from World War II.
With thousands of government contractors working tough jobs for our protection—from ensuring our food is safe to eat and defending us from foreign attacks to mitigating the impact of disasters like the derailment in East Palestine—it’s time we start protecting them too. The laws aimed at allowing contractors to speak truth to power must be modernized and repaired to make whistleblowers less vulnerable to retaliation. That is why we should pay attention to the Expanding Whistleblower Protections for Contractors Act of 2023, first introduced by Sens. Gary Peters (D-Mich) and Michael Braun (R-Ind.) and passed out of committee on a bipartisan basis, which would address the shortcomings in the current law.
Government contractors like these have a long history of saving thousands of taxpayer dollars, exposing our government’s wrongdoing, and, as in this case, saving countless lives; to be effective, laws that protect whistleblowers must encourage employees of conscience to speak up and deter employers from retaliating against them for doing so. If the Expanding Whistleblower Protections for Contractors Act is passed, more contractors could feel empowered to stand up for what is right with crucial information. Government Accountability Project is committed to continuing advocacy for greater whistleblower protections for government contractors and a more fair and transparent government.
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Honoring Daniel Ellsberg’s Legacy One Year After His Death
While he can no longer speak to the world about the latest developments, Ellsberg will continue to speak directly to hearts and minds about the extreme evils of our time—and the potential for overcoming them with love in action.
Jun 10, 2024
On a warm evening almost a decade ago, I sat under the stars with Daniel Ellsberg while he talked about nuclear war with alarming intensity. He was most of the way through writing his last and most important book, The Doomsday Machine: Confessions of a Nuclear War Planner. Somehow, he had set aside the denial so many people rely on to cope with a world that could suddenly end in unimaginable horror. Listening, I felt more and more frightened. Dan knew what he was talking about.
After working inside this country’s doomsday machinery, even drafting nuclear war plans for the Pentagon during President John F. Kennedy’s administration, Dan Ellsberg had gained intricate perspectives on what greased the bureaucratic wheels, personal ambitions, and political messaging of the warfare state. Deceptions about arranging for the ultimate violence of thermonuclear omnicide were of a piece with routine falsehoods about American warmaking. It was easy enough to get away with lying, he told me: “How difficult is it to deceive the public? I would say, as a former insider, one becomes aware: It’s not difficult to deceive them. First of all, you’re often telling them what they would like to believe—that we’re better than other people, we’re superior in our morality and our perceptions of the world.”
Dan had made history in 1971 by revealing the top-secret Pentagon Papers, exposing the constant litany of official lies that accompanied the U.S. escalation of the Vietnam War. In response, the government used the blunderbuss of the World War I-era Espionage Act to prosecute him. At age 41, he faced a possible prison sentence of more than 100 years. But his trial ended abruptly with all charges dismissed when the Nixon administration’s illegal interference in the case came to light in mid-1972. Five decades later, he reflected: “Looking back, the chance that I would get out of 12 felony counts from Richard Nixon was close to zero. It was a miracle.”
Dan’s mix of deep humanism and realism was in harmony with his aversion to contorting logic to suit rigid ideology.
That miracle enabled Dan to keep on speaking, writing, researching, and protesting for the rest of his life. (In those five decades, he averaged nearly two arrests per year for civil disobedience.) He worked tirelessly to prevent and oppose a succession of new American wars. And he consistently gave eloquent public support as well as warm personal solidarity to heroic whistleblowers— Thomas Drake, Katharine Gun, Daniel Hale, Matthew Hoh, Chelsea Manning, Edward Snowden, Jeffrey Sterling, Mordechai Vanunu, Ann Wright, and others—who sacrificed much to challenge deadly patterns of official deceit.
Unauthorized Freedom of Speech
Dan often spoke out for freeing WikiLeaks publisher Julian Assange, whose work had revealed devastating secret U.S. documents on America’s wars in Afghanistan and Iraq. At the end of a visit in June 2015, when they said goodbye inside Ecuador’s embassy in London, I saw that both men were on the verge of tears. At that point, Assange was three years into his asylum at that embassy, with no end in sight.
Secretly indicted in the United States, Assange remained in the Ecuadorian embassy for nearly four more years until London police dragged him off to prison. Hours later, in a radio interview, Dan said: “Julian Assange is the first journalist to be indicted. If he is extradited to the U.S. and convicted, he will not be the last. The First Amendment is a pillar of our democracy and this is an assault on it. If freedom of speech is violated to this extent, our republic is in danger. Unauthorized disclosures are the lifeblood of the republic.”
Unauthorized disclosures were the essence of what WikiLeaks had published and what Dan had provided with the Pentagon Papers. Similarly, countless exposés about U.S. government war crimes became possible due to the courage of Chelsea Manning, and profuse front-page news about the government’s systematic violations of the Fourth Amendment resulted from Edward Snowden’s bravery. While gladly publishing some of their revelations, major American newspapers largely refused to defend their rights.
Such dynamics were all too familiar to Dan. He told me that the attitude toward him of The New York Times, which won a Pulitzer Prize with its huge Pentagon Papers scoop, was akin to a district attorney’s view of a “snitch”—useful but distasteful.
In recent times, Dan detested the smug media paradigm of “Ellsberg good, Snowden bad.” So, he pushed back against the theme as rendered by New Yorker staff writer Malcolm Gladwell, who wrote a lengthy piece along those lines in late 2016. Dan quickly responded with a letter to the editor, which never appeared.
The New Yorker certainly could have found room to print Dan’s letter, which said: “I couldn’t disagree more with Gladwell’s overall account.” The letter was just under 300 words; the Gladwell piece had run more than 5,000. While promoting the “Ellsberg good, Snowden bad” trope, The New Yorker did not let readers know that Ellsberg himself completely rejected it:
Each of us, having earned privileged access to secret information, saw unconstitutional, dangerously wrong policies ongoing by our government. (In Snowden’s case, he discovered blatantly criminal violations of our Fourth Amendment right to privacy, on a scale that threatens our democracy.) We found our superiors, up to the presidents, were deeply complicit and clearly unwilling either to expose, reform, or end the wrongdoing.
Each of us chose to sacrifice careers, and possibly a lifetime’s freedom, to reveal to the public, Congress, and the courts what had long been going on in secret from them. We hoped, each with some success, to allow our democratic system to bring about desperately needed change.
The truth is there are no whistleblowers, in fact no one on Earth, with whom I identify more closely than with Edward Snowden.
Here is one difference between us that is deeply real to me: Edward Snowden, when he was 30 years old, did what I could and should have done—what I profoundly wish I had done—when I was his age, instead of 10 years later.
As he encouraged whistleblowing, Dan often expressed regret that he hadn’t engaged in it sooner. During the summer of 2014, a billboard was on display at bus stops in Washington, D.C., featuring a quote from Dan—with big letters at the top saying “DON’T DO WHAT I DID. DON’T WAIT,” followed by “until a new war has started, don’t wait until thousands more have died, before you tell the truth with documents that reveal lies or crimes or internal projections of costs and dangers. You might save a war’s worth of lives.” Two whistleblowers who had been U.S. diplomats, Matthew Hoh and Ann Wright, unveiled the billboard at a bus stop near the State Department.
A Grotesque Situation of Existential Danger
Above all, Daniel Ellsberg was preoccupied with opposing policies that could lead to nuclear war. “No policies in human history have more deserved to be recognized as immoral. Or insane,” he wrote in The Doomsday Machine. “The story of how this calamitous predicament came about and how and why it has persisted for over half a century is a chronicle of human madness.”
It’s fitting that the events set for Daniel Ellsberg Week (ending on June 16, the first anniversary of when Dan passed away) will include at least one protest at a Northrop Grumman facility. That company has a $13.3 billion contract to develop a new version of an intercontinental ballistic missile (ICBM), which—as Dan frequently emphasized—is the most dangerous of all nuclear weapons. He was eager to awaken Congress to scientific data about “nuclear winter” and the imperative of shutting down ICBMs to reduce the risks of nuclear war.
Five years ago, several of us from the Institute for Public Accuracy hand-delivered paperbacks of The Doomsday Machine—with a personalized letter from Dan to each member of the House and Senate—to all 535 congressional offices on Capitol Hill. “I am concerned that the public, most members of Congress, and possibly even high members of the Executive branch have remained in the dark, or in a state of denial, about the implications of rigorous studies by environmental scientists over the last dozen years,” Dan wrote near the top of his two-page letter. Those studies “confirm that using even a large fraction of the existing U.S. or Russian nuclear weapons that are on high alert would bring about nuclear winter, leading to global famine and near extinction of humanity.”
Dan’s letter singled out the urgency of one “immediate step” in particular: “to eliminate entirely our redundant, vulnerable, and destabilizing land-based ICBM force.” Unlike air-launched and sea-based nuclear weapons, which are not vulnerable to attack, the ICBMs are vulnerable to a preemptive strike and so are “poised to launch” on the basis of “10-minute warning signals that may be—and have been, on both sides—false alarms, which press leadership to ‘use them or lose them.’”
As Dan pointed out, “It is in the power of Congress to decouple the hair-trigger on our system by defunding and dismantling the current land-based Minuteman missiles and rejecting funding for their proposed replacements. The same holds for lower-yield weapons for first use against Russia, on submarines or in Europe, which are detonators for escalation to nuclear winter.”
In essence, Dan was telling members of Congress to do their job, with the fate of the Earth and its inhabitants hanging in the balance:
This grotesque situation of existential danger has evolved in secret in the almost total absence of congressional oversight, investigations, or hearings. It is time for Congress to remedy this by preparing for first-ever hearings on current nuclear doctrine and “options,” and by demanding objective, authoritative scientific studies of their full consequences including fire, smoke, nuclear winter, and famine. Classified studies of nuclear winter using actual details of existing attack plans, never yet done by the Pentagon but necessarily involving its directed cooperation, could be done by the National Academy of Sciences, requested and funded by Congress.
But Dan’s letter was distinctly out of sync with Congress. Few in office then—or now—have publicly acknowledged that such a “grotesque situation of existential danger” really exists. And even fewer have been willing to break from the current Cold War mindset that continues to fuel the rush to global annihilation. On matters of foreign policy and nuclear weapons, the Congressional Record is mainly a compendium of arrogance and delusion, in sharp contrast to the treasure trove of Dan’s profound insights preserved at Ellsberg.net.
Humanism and Realism to Remember
Clear as he was about the overarching scourge of militarism embraced by the leaders of both major parties, Dan was emphatic about not equating the two parties at election time. He understood that efforts like Green Party presidential campaigns are misguided at best. But, as he said dryly, he did favor third parties—on the right (“the more the better”). He knew what some self-described progressives have failed to recognize as the usual reality of the U.S. electoral system: Right-wing third parties help the left, and left-wing third parties help the right.
Several weeks before the 2020 election, Dan addressed voters in the swing state of Michigan via an article he wrote for the Detroit Metro Times. Appearing under a headline no less relevant today—“Trump Is an Enemy of the Constitution and Must Be Defeated”—the piece said that “it’s now of transcendent importance to prevent him from gaining a second term.” Dan warned that “we’re facing an authoritarian threat to our democratic system of a kind we’ve never seen before,” making votes for Joe Biden in swing states crucial.
Dan’s mix of deep humanism and realism was in harmony with his aversion to contorting logic to suit rigid ideology. Bad as current realities were, he said, it was manifestly untrue that things couldn’t get worse. He had no intention of ignoring the very real dangers of nuclear war or fascism.
During the last few months of his life, after disclosing a diagnosis of inoperable pancreatic cancer, Dan reached many millions of people with an intensive schedule of interviews. Journalists were mostly eager to ask him about events related to the Pentagon Papers. While he said many important things in response to such questions, Dan most wanted to talk about the unhinged momentum of the nuclear arms race and the ominous U.S. frenzy of antagonism toward Russia and China lacking any sense of genuine diplomacy.
While he can no longer speak to the world about the latest developments, Dan Ellsberg will continue to speak directly to hearts and minds about the extreme evils of our time—and the potential for overcoming them with love in action.
A free documentary film premiering now, A Common Insanity: A Conversation with Daniel Ellsberg About Nuclear Weapons, concludes with these words from Dan as he looks straight at us: “Can humanity survive the nuclear era? We don’t know. I choose to act as if we have a chance.”
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