Trump EPA Administrator Zeldin Suspends 144 EPA Professionals For Criticizing Trump’s Lawless Lies
Case Illustrates Exactly Why Trump Picked Unqualified Head of The Office Of Special Counsel
For Independence Day this year, I had planned to do a Trump annotated version of the Declaration of Independence – which I still may do – but this story caught my eye.
Last week (June 30), 278 EPA employees released a letter to EPA Administrator Zeldin that blasted Trump’s blatant and false attacks on science, law, regulations that protect public health the environment, and EPA as an institution.
(As a former NJ DEP environmental professional and whistleblower, I signed on in support. I even wrote to the group to urge them to sharpen their rhetoric; call out Zeldin for lies in his Senate confirmation testimony where he pledged to follow law, honor science, and uphold the Endangerment Finding; and beef up the substance with more specific examples of science and regulatory rollbacks).
Blatantly violating whistleblower law and Constitutional free speech protections, Zeldin promptly moved to fire them. They were suspended and are under “investigation”, a move right out of Stalin’s play book. I’m sure Zeldin and Trump would love to deport them to some Gulag, or rendition them to “Alligator Alcatraz” without Due Process.
The NY Times is following the story and reported today:
As former Director of the New Jersey State Chapter of Public Employees for Environmental Responsibility, I was pleased to read this quote:
Tim Whitehouse, executive director of Public Employees for Environmental Responsibility, a nonprofit group that defends the rights of civil servants, said the Constitution generally protects the speech of federal workers. “We believe strongly that these federal employees have First Amendment rights,” he said.
The letter was addresses to EPA Administrator Zeldin and was a classic form of whistleblowing that is protected by federal whistleblower laws and the 1st Amendment, as upheld by federal courts:
The Whistleblower Protection Act of 1989 (WPA or the Act) protects most federal civil service employees who disclose government illegality, waste, and corruption from adverse personnel actions. The WPA, which amended the Civil Service Reform Act of 1978, prohibits retaliation against federal employees who act as whistleblowers. The WPA was amended by the Whistleblower Protection Enhancement Act in 2012.
The employment retaliation protections of the WPA are available only when certain elements are satisfied. To trigger the application of the protections, an individual must be a covered employee under the Act, the covered employee must make a protected disclosure, and a personnel action must have been taken because of that protected disclosure.
The EPA’s response to the letter was classic retaliation which is prohibited by whistleblower laws and the Constitution, as upheld by federal courts:
In general, the WPA covers current employees, former employees, and applicants for employment to positions in the executive branch of the government. The WPA protects a disclosure of information that a covered employee reasonably believes evidences behavior of “a violation of any law, rule, or regulation” or “gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.” The WPA prohibits employees with authority over government personnel from retaliating against a whistleblower by taking, failing to take, or threatening to take a personnel action, including a decision regarding a promotion, pay or benefits, removal, suspension, or any other significant change in duties, responsibilities, or working conditions, among other actions.
(read the leading Supreme Court case: Pickering v. Board of Education).
But the whistleblower protections are investigated and enforced by the Office of Special Counsel
Whistleblower retaliation is a prohibited personnel practice that is investigated by the U.S. Office of Special Counsel (OSC or Special Counsel). Individuals may bring an allegation that a personnel action has been taken in retaliation for whistleblowing to OSC for investigation. If the Special Counsel finds evidence of whistleblower retaliation prohibited by the WPA, the findings of the investigation and recommendations are reported to the Merit Systems Protection Board (MSPB or the Board) and to the agency that engaged in the prohibited personnel practice. OSC may further petition the MSPB for corrective action if the agency fails to correct it on its own.
And that is why Trump appointed a loyalist, incompetent political hack to head the Office Of Special Counsel – to avoid any investigations of wrongdoing by his Regime:
This is just another example of how the Trump regime is lawless and dangerous to the people and the planet.
Trump must go, now!