Thanks for some sanity.
Suppose I walk into my gov’t co-workers office when he’s in the bathroom and see porn on his computer. No one but him can see the screen normally, so I can’t say I’ve actually seen him watching porn on his computer at work. But isn’t this something you’d want a whistleblower to be able to report? They couldn’t claim to have firsthand information that the co-worker was watching porn on his government computer but once a WB complaint was filed, the IT people could put a monitor on his IP address and gather evidence to prove it.
That’s why these laws are being changed. In fact we do want people to report misdeeds even if they are not eyewitnesses to them. A wide funnel that is narrowed down through investigation.
The bigger issues here are: 1) who gave the information to the WB and put them up to filing, 2) who provided legal assistance to them 3) why did the WB check the box that it was firsthand information and then specifically state that it was not.
That the form did not require first-hand information is irrelevant, as is the date it was changed. The IC IG has explained that was done by a newly-created position this year as a part of an overall review and is in keeping with federal law.
I would disagree that first hand information does not need to be a criteria for a whistle blower report.
There needs to a middle ground. There should be no whistle blower report that is not based on first hand knowledge.
But the IG should be able to use a report that is not first hand information to initiate a request for an internal review with an answer of that review submitted to DOJ legal review, with a copy to the IG.
If it deserves any further investigation that should be the answer from DOJ legal, otherwise the IG does not have a case.
The only caveat would be if the DOJ is the employer of the complainant, and then the legal counsel for another department would have to be used to look at and review the initial complaint.
In this current hoax of a complaint DOJ legal review found the WB complaint did not rise to a level requiring report to Congress.