1 00:00:04,920 --> 00:00:08,520 Speaker 1: On this episode of news World, when Gary Shapley, a 2 00:00:08,560 --> 00:00:13,120 Speaker 1: longtime IRS investigator, wanted to come forward with information that 3 00:00:13,160 --> 00:00:17,720 Speaker 1: the federal government had mishandled the tax investigation into Hunter Biden, 4 00:00:18,040 --> 00:00:21,520 Speaker 1: the President's son. The details he had to share were 5 00:00:21,560 --> 00:00:24,440 Speaker 1: so sensitive he couldn't even provide it to his own 6 00:00:24,520 --> 00:00:30,040 Speaker 1: lawyer without potentially committing a founty. So through his attorney, 7 00:00:30,400 --> 00:00:35,080 Speaker 1: he approached Empower Oversight, a group composed of lawyers with 8 00:00:35,280 --> 00:00:39,600 Speaker 1: deep experience in Capitol Hill investigations, who coached him on 9 00:00:39,680 --> 00:00:43,200 Speaker 1: a strategy for how to get the information to Congress lawfully. 10 00:00:44,080 --> 00:00:49,199 Speaker 1: Months later, Gary Shapley and a fellow IRS investigator, Joseph Ziegler, 11 00:00:49,640 --> 00:00:53,639 Speaker 1: were testifying in an open session before the House Oversight 12 00:00:53,920 --> 00:00:58,520 Speaker 1: and Accountability Committee, detailing their claims that the President's son 13 00:00:58,880 --> 00:01:02,440 Speaker 1: had received special Tales treatment. Here to discuss how they 14 00:01:02,440 --> 00:01:06,320 Speaker 1: help whistleblowers who come forward. I'm really pleased to welcome 15 00:01:06,319 --> 00:01:11,160 Speaker 1: my two guests, Kristin Lovett and Jason Foster, leaders of 16 00:01:11,240 --> 00:01:27,120 Speaker 1: Empower Oversight. Kristin and Jason, welcome and thank you for 17 00:01:27,200 --> 00:01:28,520 Speaker 1: joining me on newts World. 18 00:01:29,040 --> 00:01:30,600 Speaker 2: Thanks for having us, Thank you so much. 19 00:01:30,680 --> 00:01:33,360 Speaker 1: Let's start at the beginning. What you're doing is fascinating, 20 00:01:33,520 --> 00:01:37,640 Speaker 1: But can you talk about the important role that whistleblowers 21 00:01:37,720 --> 00:01:39,480 Speaker 1: play in government oversight? 22 00:01:39,959 --> 00:01:42,800 Speaker 2: Sure so, yes, Christain and I both spent years working 23 00:01:42,880 --> 00:01:46,440 Speaker 2: for the patron saint of whistleblowers, Senator Chuck Rassley, and 24 00:01:47,000 --> 00:01:49,000 Speaker 2: you know, in our experience there, what we learned, especially 25 00:01:49,000 --> 00:01:52,080 Speaker 2: working on the Operation Fast and Furious gun running scandal there, 26 00:01:52,480 --> 00:01:55,600 Speaker 2: is that whistleblowers really supercharge any kind of oversight effort 27 00:01:55,680 --> 00:01:57,680 Speaker 2: because what they do is they give you the opportunity 28 00:01:57,720 --> 00:02:00,920 Speaker 2: to get information from the executive brand that the executive 29 00:02:00,920 --> 00:02:03,840 Speaker 2: branch would otherwise not want you to have. And it's 30 00:02:03,880 --> 00:02:07,480 Speaker 2: incredibly useful, especially when you're doing oversight a federal law 31 00:02:07,560 --> 00:02:10,720 Speaker 2: enforcement and the DOJ, because that is some of the 32 00:02:10,720 --> 00:02:14,280 Speaker 2: most challenging work when you're in a legislative branch oversight 33 00:02:14,400 --> 00:02:18,080 Speaker 2: role is to get information from them on particularly pending matters, 34 00:02:18,600 --> 00:02:23,200 Speaker 2: And with whistleblower laws, they specifically protect law enforcement officers 35 00:02:23,760 --> 00:02:26,040 Speaker 2: like the ATF agents who came forward in Fast and Furious, 36 00:02:26,080 --> 00:02:28,800 Speaker 2: like the IRS agents who have come forward here in 37 00:02:28,800 --> 00:02:32,720 Speaker 2: the Hunter Biden matter. The law specifically ensures that they 38 00:02:32,760 --> 00:02:36,600 Speaker 2: can come forward and bring law enforcement information about misconduct 39 00:02:37,120 --> 00:02:41,679 Speaker 2: to oversight authorities, both in the IG community and in Congress. 40 00:02:42,320 --> 00:02:46,080 Speaker 1: Probably the most famous person that you have helped so 41 00:02:46,160 --> 00:02:48,640 Speaker 1: far and the one which has certainly gotten the most 42 00:02:48,760 --> 00:02:53,520 Speaker 1: national coverage. He is an IRS senior agent, Gary Schappler. 43 00:02:53,560 --> 00:02:58,639 Speaker 1: He's a longtime investigator. He came out I think great courage, 44 00:02:58,880 --> 00:03:01,679 Speaker 1: took a real risk to tell the truth about how 45 00:03:01,760 --> 00:03:06,200 Speaker 1: the tax investigation and the President Biden's sun hunter was 46 00:03:06,240 --> 00:03:09,120 Speaker 1: being totally mishandled, and you ended up playing a key 47 00:03:09,280 --> 00:03:12,639 Speaker 1: role in his ability to speak up. Tell us a 48 00:03:12,680 --> 00:03:14,400 Speaker 1: little bit about Gary and what he's like. 49 00:03:15,280 --> 00:03:17,920 Speaker 2: Sure, so, Gary has been an IRS criminal investigator for 50 00:03:17,960 --> 00:03:22,800 Speaker 2: fourteen years. He's a supervisor. He supervises a unit of 51 00:03:22,840 --> 00:03:26,880 Speaker 2: twelve elite agents who focus on international tax and money 52 00:03:26,919 --> 00:03:31,120 Speaker 2: laundering cases. He's been extremely successful and is extremely well 53 00:03:31,160 --> 00:03:35,200 Speaker 2: regarded among multiple US Attorney's offices he's worked with around 54 00:03:35,200 --> 00:03:39,440 Speaker 2: the country. He's responsible for cases that have brought in 55 00:03:39,520 --> 00:03:43,640 Speaker 2: three point five billion dollars for the US taxpayer. He 56 00:03:43,680 --> 00:03:47,480 Speaker 2: worked on the credit sweee case. He is the real deal. 57 00:03:47,960 --> 00:03:51,200 Speaker 2: So it's not just some mid level bureaucrat risking a 58 00:03:51,280 --> 00:03:54,400 Speaker 2: cushy government job. This is somebody who's very well respected 59 00:03:54,400 --> 00:03:57,200 Speaker 2: within the IRS. Very well respected around the country with 60 00:03:57,320 --> 00:04:00,640 Speaker 2: federal law enforcement, and so for him to risk all 61 00:04:00,680 --> 00:04:02,600 Speaker 2: of that and come forward, and I'll tell you when 62 00:04:02,640 --> 00:04:06,520 Speaker 2: you hear him tell his story, he was very reluctant 63 00:04:06,600 --> 00:04:09,000 Speaker 2: to come to the conclusions that he did that the 64 00:04:09,280 --> 00:04:13,000 Speaker 2: Delaware US Attorney's office was giving Hunter Biden the kid 65 00:04:13,000 --> 00:04:16,560 Speaker 2: glove treatment. He's very familiar with the typical dynamic between 66 00:04:16,720 --> 00:04:20,200 Speaker 2: prosecutors and agents that agents always think they have the 67 00:04:20,200 --> 00:04:23,720 Speaker 2: case made and prosecutors always want more information. That's not 68 00:04:23,760 --> 00:04:26,960 Speaker 2: what this is about. He was giving them the benefit 69 00:04:27,000 --> 00:04:30,360 Speaker 2: of the doubt at every turn for years. And there 70 00:04:30,440 --> 00:04:36,000 Speaker 2: came a time when he heard the US Attorney, mister Weiss, 71 00:04:37,000 --> 00:04:41,080 Speaker 2: directly contradicting what the Attorney General, mister Garland, had said 72 00:04:41,320 --> 00:04:44,960 Speaker 2: in sworn testimony on Capitol Hill about whether he could 73 00:04:44,960 --> 00:04:49,760 Speaker 2: bring charges in DC and California without permission of those 74 00:04:49,800 --> 00:04:53,560 Speaker 2: Biden appointed US attorneys. Wise admitted privately to Gary that 75 00:04:53,960 --> 00:04:55,839 Speaker 2: he wasn't allowed to do that, and that's what Gary 76 00:04:55,880 --> 00:04:59,040 Speaker 2: calls his redline meeting. He cannot sit back and allow 77 00:04:59,080 --> 00:05:03,120 Speaker 2: that false impression in the public to stay uncorrected. And 78 00:05:03,160 --> 00:05:04,960 Speaker 2: so he felt he had a duty to come forward, 79 00:05:05,040 --> 00:05:08,039 Speaker 2: and he struggled many sleepless nights, as he said, about 80 00:05:08,400 --> 00:05:10,360 Speaker 2: the decision to come forward and risk what he was 81 00:05:10,480 --> 00:05:12,919 Speaker 2: risking because he knew that it would be in the 82 00:05:13,040 --> 00:05:15,720 Speaker 2: spin cycle of politics and he would be a political 83 00:05:15,760 --> 00:05:18,640 Speaker 2: football being kicked by both sides for their own purposes. 84 00:05:19,200 --> 00:05:22,400 Speaker 1: So what was the red line that made him feel 85 00:05:22,440 --> 00:05:24,239 Speaker 1: like he had to come forward? 86 00:05:25,000 --> 00:05:27,760 Speaker 3: So Gary had been assigned to the case in the 87 00:05:27,800 --> 00:05:30,719 Speaker 3: beginning of twenty twenty and for all of twenty twenty, 88 00:05:31,040 --> 00:05:33,599 Speaker 3: all of twenty twenty one, most of twenty twenty two. 89 00:05:34,040 --> 00:05:36,640 Speaker 3: They had been working on developing the case, on bringing 90 00:05:36,640 --> 00:05:40,279 Speaker 3: it forward, and so the IRS agents, with the recommendation 91 00:05:40,400 --> 00:05:44,159 Speaker 3: of David Weiss's office, sent those to Justice Department headquarters 92 00:05:44,200 --> 00:05:47,039 Speaker 3: in early twenty twenty two, and through the course of 93 00:05:47,080 --> 00:05:50,760 Speaker 3: that year, the IRS and FBI agents understood that the 94 00:05:50,880 --> 00:05:56,040 Speaker 3: charges which were recommended included three felonies for tax years 95 00:05:56,040 --> 00:05:59,680 Speaker 3: twenty fourteen, twenty eighteen, and twenty nineteen, and then misdemeanors 96 00:05:59,720 --> 00:06:02,000 Speaker 3: for a twenty fifteen through twenty nineteen. 97 00:06:02,040 --> 00:06:04,240 Speaker 4: Each of those years. They understood that those needed to 98 00:06:04,240 --> 00:06:05,320 Speaker 4: be presented. 99 00:06:04,960 --> 00:06:07,880 Speaker 3: In the US Attorney's Office for the District of Columbia, 100 00:06:08,200 --> 00:06:11,320 Speaker 3: which happened in March of twenty twenty two, and then 101 00:06:11,360 --> 00:06:14,360 Speaker 3: subsequently in the US Attorney's office for the Central District 102 00:06:14,400 --> 00:06:17,159 Speaker 3: of California. Tax charges have to be brought where the 103 00:06:17,200 --> 00:06:19,719 Speaker 3: taxpayer lived and should have filed the tax returns, and 104 00:06:19,760 --> 00:06:22,800 Speaker 3: that was DC during the bulk of the Obama administration, 105 00:06:23,240 --> 00:06:25,440 Speaker 3: and then Hunter Biden moved to LA and so that's 106 00:06:25,480 --> 00:06:28,880 Speaker 3: the Central District of California. And so the agents were 107 00:06:28,920 --> 00:06:32,080 Speaker 3: operating with this assumption that yes, they need to be 108 00:06:32,200 --> 00:06:35,440 Speaker 3: presented outside of the District of Delaware, where Weiss was 109 00:06:35,480 --> 00:06:39,200 Speaker 3: the US attorney, But the based on representations made publicly 110 00:06:39,320 --> 00:06:42,919 Speaker 3: by the Attorney General, including to the Senate, that use 111 00:06:42,960 --> 00:06:45,000 Speaker 3: Attorney Weiss would have the ability to do that, even 112 00:06:45,040 --> 00:06:48,120 Speaker 3: though that's not your typical authority. You have to have 113 00:06:48,160 --> 00:06:51,359 Speaker 3: the approval of the US attorneys from another district. And 114 00:06:51,440 --> 00:06:55,479 Speaker 3: so after presenting those charges in d C in March 115 00:06:55,480 --> 00:06:58,159 Speaker 3: of twenty twenty two and then again in California, this 116 00:06:58,279 --> 00:07:03,240 Speaker 3: October seventh Redline meeting is when Weiss told the two 117 00:07:03,320 --> 00:07:07,040 Speaker 3: senior officials in the IRS's d C Field Office and 118 00:07:07,080 --> 00:07:09,640 Speaker 3: then in the FBI's Baltimore Field Office, which has the 119 00:07:09,720 --> 00:07:14,320 Speaker 3: jurisdiction over Delaware told them that he wasn't the deciding 120 00:07:14,320 --> 00:07:17,280 Speaker 3: official on whether these charges were brought, and that in fact, 121 00:07:17,440 --> 00:07:20,880 Speaker 3: DC's US Attorney Matt Graves, who was appointed by President 122 00:07:20,880 --> 00:07:23,560 Speaker 3: Biden and has an obvious conflict of interest, that Graves 123 00:07:23,600 --> 00:07:26,800 Speaker 3: had rejected the charges initially when the case was presented 124 00:07:26,800 --> 00:07:29,360 Speaker 3: in DC. The first assistant US Attorney, which is the 125 00:07:29,440 --> 00:07:32,120 Speaker 3: number two official, was very positive about the case, thought 126 00:07:32,120 --> 00:07:34,640 Speaker 3: it was a slam dunk case. When it was presented 127 00:07:34,720 --> 00:07:38,320 Speaker 3: to US Attorney Graves, he rejected it, and this was 128 00:07:38,440 --> 00:07:42,400 Speaker 3: news to the agents on October seventh, and US Attorney 129 00:07:42,440 --> 00:07:46,239 Speaker 3: Wis further told this group that he had requested special 130 00:07:46,320 --> 00:07:50,400 Speaker 3: charging authority from the Justice Department after that rejection from Graves, 131 00:07:50,640 --> 00:07:52,680 Speaker 3: but that it was denied by the Department of Justice, 132 00:07:52,680 --> 00:07:55,040 Speaker 3: which told him just to work through the process. And 133 00:07:55,120 --> 00:07:59,600 Speaker 3: so for Gary realizing that despite what Attorney General Garland 134 00:07:59,640 --> 00:08:03,080 Speaker 3: was saying publicly and in Congress, that there were these 135 00:08:03,320 --> 00:08:08,800 Speaker 3: unmitigated conflicts of interests where Biden appointees were rejecting solid 136 00:08:08,920 --> 00:08:11,720 Speaker 3: charges that should have gone against Hunter Biden, that were 137 00:08:11,840 --> 00:08:15,680 Speaker 3: endorsed by the US Attorney's office by the investigators, and 138 00:08:15,960 --> 00:08:19,320 Speaker 3: that not only would those twenty fourteen and twenty fifteen 139 00:08:19,400 --> 00:08:22,520 Speaker 3: charges be allowed to expire, the statute of plentations would 140 00:08:22,560 --> 00:08:26,000 Speaker 3: be let go and the government would never charge those years. 141 00:08:26,400 --> 00:08:29,560 Speaker 3: But if California, as this attorney, rejected the charges, they 142 00:08:29,600 --> 00:08:32,440 Speaker 3: could see the entire case go with no charges. And 143 00:08:32,800 --> 00:08:34,920 Speaker 3: this to Gary, after all the work and the years 144 00:08:34,920 --> 00:08:38,400 Speaker 3: they put in, and the fact that it just contradicted 145 00:08:38,440 --> 00:08:41,120 Speaker 3: what Mary Garland had said publicly to him, was a 146 00:08:41,200 --> 00:08:43,640 Speaker 3: time that he thought Congress needed to know about this 147 00:08:43,760 --> 00:08:44,960 Speaker 3: behind the ses information. 148 00:08:45,280 --> 00:08:49,800 Speaker 1: I have two questions about this whole whistleblower process. One 149 00:08:49,840 --> 00:08:54,800 Speaker 1: is what seems to be the automan motivation that leads 150 00:08:54,800 --> 00:08:56,680 Speaker 1: people to take these risks and go through it. And 151 00:08:56,720 --> 00:09:00,280 Speaker 1: the second is, as you look out at your vastionalledge 152 00:09:00,280 --> 00:09:03,400 Speaker 1: of the government, where are the kind of places you 153 00:09:03,559 --> 00:09:07,040 Speaker 1: hope we will find whistleblowers who will really help us 154 00:09:07,120 --> 00:09:08,160 Speaker 1: understand what's going on. 155 00:09:09,000 --> 00:09:12,320 Speaker 2: The primary motivation for people to come forward is usually 156 00:09:12,760 --> 00:09:15,800 Speaker 2: to try to correct some kind of wrong. It's insiders 157 00:09:15,800 --> 00:09:18,280 Speaker 2: seeing wrongdoing that they can't in good conscience just look 158 00:09:18,320 --> 00:09:21,880 Speaker 2: the other way. And we need whistleblower protections to enable 159 00:09:22,000 --> 00:09:23,960 Speaker 2: them to be able to come forward and bring that 160 00:09:24,000 --> 00:09:28,000 Speaker 2: information to management of the agency and to outside oversight 161 00:09:28,080 --> 00:09:31,240 Speaker 2: authorities who can actually do something about it. The reason 162 00:09:31,960 --> 00:09:35,520 Speaker 2: that people should blow the whistle if they see something 163 00:09:35,559 --> 00:09:38,160 Speaker 2: wrong is the opportunity to make a difference and to 164 00:09:38,240 --> 00:09:41,120 Speaker 2: make sure that if good people do nothing, then evil 165 00:09:41,160 --> 00:09:45,320 Speaker 2: will flourish. And so the primary motivation now is what 166 00:09:45,480 --> 00:09:47,560 Speaker 2: has always been. We all need to work hard to 167 00:09:47,559 --> 00:09:50,200 Speaker 2: make sure that we honor that commitment as a country 168 00:09:50,240 --> 00:09:52,800 Speaker 2: to people who come forward and speak up about wrongdoing 169 00:09:53,240 --> 00:09:56,080 Speaker 2: that we're not going to allow them to be retaliated 170 00:09:56,080 --> 00:10:00,400 Speaker 2: against and targeted and silenced because they're speaking up doing 171 00:10:00,400 --> 00:10:03,600 Speaker 2: the right thing. And in terms of what areas where 172 00:10:03,640 --> 00:10:06,040 Speaker 2: it needs to occur the most, I think now it 173 00:10:06,080 --> 00:10:09,960 Speaker 2: needs to occur the most in the politicized Justice Department. 174 00:10:10,080 --> 00:10:13,480 Speaker 2: I mean, we need other FBI agents, folks in the 175 00:10:13,559 --> 00:10:17,920 Speaker 2: Justice Department who see politicizing and weaponizing of our justice 176 00:10:17,920 --> 00:10:22,000 Speaker 2: system for political purposes and other improper purposes. The country 177 00:10:22,080 --> 00:10:25,800 Speaker 2: can't survive that kind of trend, and so it's vital 178 00:10:25,840 --> 00:10:29,320 Speaker 2: that people like that seek advice from an organization, either 179 00:10:29,400 --> 00:10:31,320 Speaker 2: us or someone like us, so that you can do 180 00:10:31,360 --> 00:10:33,800 Speaker 2: it in a way where you're protected and take that 181 00:10:33,920 --> 00:10:36,079 Speaker 2: risk to come forward it's a very personal decision. I 182 00:10:36,120 --> 00:10:38,720 Speaker 2: would never really urge someone to blow the whistle if 183 00:10:38,720 --> 00:10:41,760 Speaker 2: they're not comfortable doing it, because there are real risks 184 00:10:41,920 --> 00:10:44,400 Speaker 2: and it's a very sober decision to make. But if 185 00:10:44,440 --> 00:10:47,560 Speaker 2: you see something that's wrong that you can't in good conscience, 186 00:10:47,600 --> 00:10:50,800 Speaker 2: let go find an organization like ours and find someone 187 00:10:50,840 --> 00:10:53,640 Speaker 2: to help you get it legal advice, do it properly, 188 00:10:53,720 --> 00:10:56,480 Speaker 2: do it legally, but blow the whistle to the oversight 189 00:10:56,520 --> 00:10:58,000 Speaker 2: authorities who can do something to fix it. 190 00:10:58,320 --> 00:11:00,400 Speaker 3: The American people have a piece in all of this 191 00:11:00,559 --> 00:11:03,640 Speaker 3: as well, I would add, which is that it's important 192 00:11:03,679 --> 00:11:08,680 Speaker 3: to recognize that protecting whistleblowers is good policy no matter 193 00:11:08,720 --> 00:11:11,400 Speaker 3: who's in power, and that I think was another big 194 00:11:11,440 --> 00:11:15,280 Speaker 3: motivation for creating Empower is to be able to promote 195 00:11:15,760 --> 00:11:18,959 Speaker 3: the protection of whistle blowers. And I think the point 196 00:11:19,000 --> 00:11:21,079 Speaker 3: that we all need to understand is it doesn't really 197 00:11:21,120 --> 00:11:23,360 Speaker 3: matter where they come from. If they're within government and 198 00:11:23,360 --> 00:11:25,600 Speaker 3: their problems in government, we should all want to hear 199 00:11:25,640 --> 00:11:29,040 Speaker 3: about those. When I left Capitol Hill, I went to 200 00:11:29,280 --> 00:11:31,599 Speaker 3: an agency called the Office of Special Council, which is 201 00:11:31,640 --> 00:11:34,080 Speaker 3: different from the Molar Special Council, but it's the agency 202 00:11:34,160 --> 00:11:37,160 Speaker 3: charge with protecting whistle blowers. And then from there I 203 00:11:37,360 --> 00:11:40,120 Speaker 3: was confirmed to a board called the Merritor System's Protection Board, 204 00:11:40,480 --> 00:11:43,320 Speaker 3: and again in those I saw hundreds and hundreds of 205 00:11:43,320 --> 00:11:46,880 Speaker 3: whistle blowers. You just see that it's so often the 206 00:11:46,880 --> 00:11:50,240 Speaker 3: case that people when they hear about someone's disclosures, they 207 00:11:50,280 --> 00:11:52,200 Speaker 3: automatically decide, oh, I. 208 00:11:52,200 --> 00:11:54,640 Speaker 4: Like that whistle blower. Oh I don't like that whistle blower. 209 00:11:54,720 --> 00:11:57,240 Speaker 3: Maybe there's some in the middle right where they say, well, 210 00:11:57,280 --> 00:11:59,800 Speaker 3: I don't know anything about that. But the importance of 211 00:11:59,880 --> 00:12:04,120 Speaker 3: just recognizing that protecting whistle blowers isn't across the board thing. 212 00:12:04,440 --> 00:12:08,240 Speaker 3: It protects all of us by protecting the principle of 213 00:12:08,280 --> 00:12:11,080 Speaker 3: people coming forward to find the problems in government, because 214 00:12:11,120 --> 00:12:13,440 Speaker 3: when you get away from that, you'll end up with 215 00:12:13,520 --> 00:12:16,600 Speaker 3: problems festering, like we have in the Justice Department, because 216 00:12:16,640 --> 00:12:19,400 Speaker 3: too often people pick their teams in their side and 217 00:12:19,440 --> 00:12:24,240 Speaker 3: don't recognize the universal principle that the Constitution was really 218 00:12:24,280 --> 00:12:27,480 Speaker 3: centered around, which is power corrupts. That's a central view 219 00:12:27,520 --> 00:12:30,040 Speaker 3: of the founders, and so we have checks and balances 220 00:12:30,040 --> 00:12:33,280 Speaker 3: throughout government. But again, for Congress to do its constitutional 221 00:12:33,280 --> 00:12:36,400 Speaker 3: oversight duties, it has to have whistle blowers and they're 222 00:12:36,400 --> 00:12:38,920 Speaker 3: not going to come forward if it's a coin toss 223 00:12:38,920 --> 00:12:40,920 Speaker 3: whether or not their disclosures are going to be well 224 00:12:40,960 --> 00:12:41,600 Speaker 3: received or not. 225 00:12:41,840 --> 00:12:43,559 Speaker 4: So I just think it's really important. 226 00:12:43,160 --> 00:12:47,480 Speaker 3: That again we as a country applaud whistleblowers, We encourage 227 00:12:47,520 --> 00:12:50,360 Speaker 3: them for what they do, and even when it turns 228 00:12:50,360 --> 00:12:52,280 Speaker 3: out that the facts on the ground don't look like 229 00:12:52,320 --> 00:12:54,239 Speaker 3: what we thought they did or what we hope they would. 230 00:13:04,720 --> 00:13:07,400 Speaker 1: HI. This is newt In my new book, March the Majority, 231 00:13:07,440 --> 00:13:10,959 Speaker 1: The Real Story of the Republican Revolution, I offer strategies 232 00:13:10,960 --> 00:13:14,680 Speaker 1: and insights for everyday citizens and for season politicians. It's 233 00:13:14,679 --> 00:13:17,760 Speaker 1: both a guide for political success and for winning back 234 00:13:17,800 --> 00:13:21,040 Speaker 1: the Majority. In twenty twenty four, March to the Majority 235 00:13:21,040 --> 00:13:25,080 Speaker 1: outlines the sixteen year campaign to write the Contract with America. 236 00:13:25,520 --> 00:13:28,960 Speaker 1: Explains how we elected the first Republican House majority in 237 00:13:29,120 --> 00:13:32,559 Speaker 1: forty years in how we worked with President Bill Clinton 238 00:13:32,800 --> 00:13:38,040 Speaker 1: to pass major reforms, including four consecutive balanced budgets. March 239 00:13:38,080 --> 00:13:41,120 Speaker 1: to the Majority tells the behind the scenes story of 240 00:13:41,200 --> 00:13:44,080 Speaker 1: how we got it done. Go to ginglishtree sixty dot 241 00:13:44,080 --> 00:13:47,280 Speaker 1: com slash book and order your copy now. Order it 242 00:13:47,320 --> 00:13:59,880 Speaker 1: today at gingishtree sixty dot com slash book. You all 243 00:14:00,160 --> 00:14:05,280 Speaker 1: organized as the Senate Whistleblower Protection Caucus back in twenty fourteen. 244 00:14:06,000 --> 00:14:07,200 Speaker 1: Is it still up and running? 245 00:14:07,640 --> 00:14:07,920 Speaker 2: Yes? 246 00:14:08,080 --> 00:14:08,880 Speaker 1: What is its role? 247 00:14:09,400 --> 00:14:12,600 Speaker 3: After the whistle Blower Protection Enhancement Act, which was a 248 00:14:12,679 --> 00:14:15,760 Speaker 3: law passed in twenty twelve, it was the latest update 249 00:14:15,800 --> 00:14:19,320 Speaker 3: to the whistle blower protection laws just around that time, 250 00:14:19,360 --> 00:14:21,640 Speaker 3: and since then, there's really been a loss of knowledge. 251 00:14:21,720 --> 00:14:23,600 Speaker 3: There had been a loss of knowledge about those that 252 00:14:23,640 --> 00:14:26,880 Speaker 3: really understood the importance of whistlebler protections, not to mention 253 00:14:26,960 --> 00:14:30,120 Speaker 3: their mechanics, and so the idea of the Whistleblower Protection 254 00:14:30,200 --> 00:14:34,640 Speaker 3: Caucus was to help basically train members and help them 255 00:14:34,680 --> 00:14:37,680 Speaker 3: to learn to educate them on the importance of protecting 256 00:14:37,680 --> 00:14:38,440 Speaker 3: whistle blowers. 257 00:14:38,520 --> 00:14:40,560 Speaker 4: And so that was why. 258 00:14:40,400 --> 00:14:42,960 Speaker 3: I had proposed it within the office I left at 259 00:14:42,960 --> 00:14:45,360 Speaker 3: the end of twenty fourteen. So we announced it in 260 00:14:45,400 --> 00:14:48,760 Speaker 3: twenty fourteen. Ron Wyden signed up to be the first member. 261 00:14:48,760 --> 00:14:51,720 Speaker 3: We wanted to be bipartisan, and had been announced that 262 00:14:51,720 --> 00:14:53,680 Speaker 3: it would sign up members to twenty fourteen and launch 263 00:14:53,680 --> 00:14:55,360 Speaker 3: it in twenty fifteen, by which point I was gone. 264 00:14:55,440 --> 00:14:57,920 Speaker 3: But I think it's been very very useful over these 265 00:14:58,040 --> 00:15:01,240 Speaker 3: years in having a group of individuals who might not 266 00:15:01,280 --> 00:15:04,240 Speaker 3: agree with each other on each individual whistleblower that comes forward, 267 00:15:04,480 --> 00:15:07,400 Speaker 3: or even on the whistleblower policy in the minute details 268 00:15:07,400 --> 00:15:10,600 Speaker 3: of that, but understanding that on both sides of the aisle, 269 00:15:10,640 --> 00:15:13,000 Speaker 3: it's so important to protect those with the knowledge to 270 00:15:13,000 --> 00:15:15,120 Speaker 3: shine a light on waste, broaden abuse. If you want 271 00:15:15,160 --> 00:15:16,800 Speaker 3: to drain the swamp, those are the people you need 272 00:15:16,840 --> 00:15:18,880 Speaker 3: to talk to. And because of that, I think the 273 00:15:18,920 --> 00:15:21,800 Speaker 3: Whistleblower Protection Caucus has been immensely useful over the years. 274 00:15:22,240 --> 00:15:25,240 Speaker 1: Now as I understand, this led you guys to draft 275 00:15:25,920 --> 00:15:30,840 Speaker 1: the FBI Whistleblower Protection Act of twenty sixteen, which comes 276 00:15:30,880 --> 00:15:34,840 Speaker 1: even after the earlier act. Why was it specifically FBI? 277 00:15:36,040 --> 00:15:39,040 Speaker 3: When I was working at Senator Grassley's office, I handled 278 00:15:39,080 --> 00:15:42,360 Speaker 3: his whistleblower policy specifically, And one of the things that 279 00:15:42,400 --> 00:15:45,560 Speaker 3: Senator Grassley had focused on for many years was oversight 280 00:15:45,600 --> 00:15:48,240 Speaker 3: of the FBI. And to go way back in time, 281 00:15:48,520 --> 00:15:53,080 Speaker 3: nineteen seventy eight, actually Postwater date is when the original 282 00:15:53,480 --> 00:15:56,080 Speaker 3: kind of what became the base of the Whistlebler Protection 283 00:15:56,160 --> 00:15:56,720 Speaker 3: Act was passed. 284 00:15:56,760 --> 00:15:58,160 Speaker 4: It's called the Civil Service. 285 00:15:57,840 --> 00:16:02,160 Speaker 3: Reform Act, and in that law, the FBI was excluded 286 00:16:02,320 --> 00:16:05,520 Speaker 3: when all other civil servant whistleblower protections were created. So 287 00:16:05,520 --> 00:16:08,720 Speaker 3: the FBI was lumped in with the intelligence community well 288 00:16:08,720 --> 00:16:10,600 Speaker 3: before nine to eleven, well before it was actually any 289 00:16:10,640 --> 00:16:13,760 Speaker 3: part of the intelligence community. And essentially that was just 290 00:16:13,760 --> 00:16:16,280 Speaker 3: because of the remaining legacy of j Edgar Hoover, who 291 00:16:16,280 --> 00:16:18,160 Speaker 3: had not been dead for very long, and so there 292 00:16:18,200 --> 00:16:20,160 Speaker 3: was just a lot of fear of the FBI and 293 00:16:20,200 --> 00:16:23,880 Speaker 3: there was a prestige law enforcement organization, so it was excluded. 294 00:16:24,360 --> 00:16:26,880 Speaker 3: And over the years it showed again and again what 295 00:16:26,920 --> 00:16:29,600 Speaker 3: an impact that had. So when Senator Grassley began focusing 296 00:16:29,680 --> 00:16:33,080 Speaker 3: on the FBI crime labs scandals, when a whistleblower named 297 00:16:33,120 --> 00:16:35,320 Speaker 3: Frederick Whitehurst came to him at the end of the 298 00:16:35,400 --> 00:16:38,840 Speaker 3: nineteen eighties and through the nineteen ninety center Grassley focused 299 00:16:38,840 --> 00:16:42,000 Speaker 3: on trying to help fred Whitehurst draw attention to those 300 00:16:42,000 --> 00:16:44,800 Speaker 3: problems with FBI crime lab and it became clear that 301 00:16:44,840 --> 00:16:48,560 Speaker 3: the FBI is virtually non existent whistle blurer protections. They 302 00:16:48,640 --> 00:16:51,000 Speaker 3: just got an afterthought in the law. Here's one section 303 00:16:51,080 --> 00:16:53,240 Speaker 3: of the law for all of the typical civil servants, 304 00:16:53,600 --> 00:16:56,600 Speaker 3: for all typical whistleblowers, and then the next section just says, well, FBI, 305 00:16:56,680 --> 00:16:59,160 Speaker 3: here's the general ideal, and you implement it harve you like, 306 00:16:59,400 --> 00:17:01,880 Speaker 3: and they hadn't even implemented regulations for a long time. 307 00:17:01,920 --> 00:17:04,480 Speaker 3: So by the twenty tens, we were doing a lot 308 00:17:04,480 --> 00:17:07,480 Speaker 3: of oversight to highlight the fact that there needed to 309 00:17:07,520 --> 00:17:11,760 Speaker 3: be legislative changes, and that was really the impetus for 310 00:17:11,840 --> 00:17:14,360 Speaker 3: the FBI was the Blower Protection Act of twenty sixteen, 311 00:17:15,040 --> 00:17:17,920 Speaker 3: which really the goal as a larger bill was to 312 00:17:18,000 --> 00:17:21,879 Speaker 3: help get them at least something more comparable to typical protections. 313 00:17:21,880 --> 00:17:25,000 Speaker 3: It ultimately ended up being stripped down, and Jason maybe 314 00:17:25,040 --> 00:17:26,879 Speaker 3: can share a little bit about that, But the version 315 00:17:26,920 --> 00:17:29,000 Speaker 3: of the bill that Centator Grassley introduced would have made 316 00:17:29,080 --> 00:17:32,119 Speaker 3: large scale changes, and only a portion of that we 317 00:17:32,119 --> 00:17:35,280 Speaker 3: were able to get negotiated through again because others just 318 00:17:35,320 --> 00:17:37,560 Speaker 3: objected to them being on the same footing, right. 319 00:17:37,600 --> 00:17:39,600 Speaker 2: The bottom line, most people don't understand this are are 320 00:17:39,640 --> 00:17:42,840 Speaker 2: surprised when they learn of it, even sophisticated insiders in DC. 321 00:17:43,080 --> 00:17:45,760 Speaker 2: But the bottom line is that FBI agents do not 322 00:17:45,800 --> 00:17:48,359 Speaker 2: have the same level of whistleblower protections and the same 323 00:17:48,880 --> 00:17:53,080 Speaker 2: process to access and remedy whistle blower retaliation that every 324 00:17:53,119 --> 00:17:56,399 Speaker 2: other law enforcement officer has. If you're at the DEA 325 00:17:57,200 --> 00:18:02,160 Speaker 2: or the ATF or irs, criminal investigators like Gary Shapley, 326 00:18:02,560 --> 00:18:04,560 Speaker 2: those folks, they have a big leg up on other 327 00:18:05,119 --> 00:18:08,760 Speaker 2: folks in the FBI because they have the full process 328 00:18:08,840 --> 00:18:11,040 Speaker 2: protections of being able to go to the office as 329 00:18:11,040 --> 00:18:13,719 Speaker 2: special counsel, being able to appeal to the Merit Systems 330 00:18:13,720 --> 00:18:17,760 Speaker 2: Protection Board, and the FBI just simply has this carve 331 00:18:17,800 --> 00:18:20,560 Speaker 2: out and this exception and special treatment that they don't 332 00:18:20,560 --> 00:18:23,800 Speaker 2: have to honor the same whustle blower protections. The management 333 00:18:23,800 --> 00:18:25,440 Speaker 2: at the FBI doesn't have to honor the same muscle 334 00:18:25,440 --> 00:18:28,800 Speaker 2: bloer protections that management at other law enforcement does. And 335 00:18:29,040 --> 00:18:32,040 Speaker 2: the main difference now in the modern era versus back 336 00:18:32,040 --> 00:18:35,240 Speaker 2: in nineteen seventy eight is we have these multiple other 337 00:18:35,320 --> 00:18:38,320 Speaker 2: federal la enforcement agencies that are not as big as 338 00:18:38,359 --> 00:18:40,800 Speaker 2: the FBI, but all put together, they are comparable to 339 00:18:40,840 --> 00:18:42,680 Speaker 2: the FBI. And the world does not spin off its 340 00:18:42,680 --> 00:18:46,359 Speaker 2: axis just because they have to obey whistle blower protection statutes. 341 00:18:46,400 --> 00:18:48,960 Speaker 2: And so those statutes in my view, should apply one 342 00:18:49,040 --> 00:18:51,840 Speaker 2: hundred percent equally to the FBI, but sort of because 343 00:18:51,840 --> 00:18:53,880 Speaker 2: of the history of the development of the law, that's 344 00:18:53,920 --> 00:18:55,960 Speaker 2: not the case even today, even with some of the 345 00:18:56,000 --> 00:18:57,040 Speaker 2: corrections we've made. 346 00:18:57,240 --> 00:19:02,640 Speaker 1: So having participated both on the investigation and legislative side 347 00:19:02,680 --> 00:19:07,600 Speaker 1: of the Congress. You guys create empower oversight, the empower 348 00:19:07,680 --> 00:19:12,360 Speaker 1: oversight whistle blowers and research which becomes empower. Why did 349 00:19:12,400 --> 00:19:15,520 Speaker 1: you do that and what was your goal in creating empower? 350 00:19:16,160 --> 00:19:19,840 Speaker 2: Well, I had left Capitol Hill in twenty eighteen after 351 00:19:20,200 --> 00:19:23,040 Speaker 2: serving for about eight years with Senator Grassley as his 352 00:19:23,119 --> 00:19:25,960 Speaker 2: chief investigator on the Senate Judiciary Committee. Worked in the 353 00:19:25,960 --> 00:19:28,879 Speaker 2: private sector for a couple of years, and I was 354 00:19:28,920 --> 00:19:31,800 Speaker 2: looking for a way to get back into serving the 355 00:19:31,840 --> 00:19:34,000 Speaker 2: mission that I had served for most of my career. 356 00:19:34,000 --> 00:19:36,240 Speaker 2: When I had worked for Senator Grassley for fourteen years. 357 00:19:36,840 --> 00:19:39,640 Speaker 2: And there are lots of other whistleblower groups out there, 358 00:19:39,680 --> 00:19:42,240 Speaker 2: most of them are left of center. We have met 359 00:19:42,280 --> 00:19:44,640 Speaker 2: them over the years, We have good relationships with them. 360 00:19:44,720 --> 00:19:47,879 Speaker 2: We applaud what they do. But the fact is a 361 00:19:47,880 --> 00:19:51,439 Speaker 2: lot of times, if a whistleblower's disclosures let's say, you know, 362 00:19:51,520 --> 00:19:55,280 Speaker 2: implicate or difficult for people on the left or for 363 00:19:55,400 --> 00:19:59,720 Speaker 2: a Democrat administration, those organizations might not be the best 364 00:19:59,720 --> 00:20:04,240 Speaker 2: play for someone to go so, And in fact, we 365 00:20:04,280 --> 00:20:08,520 Speaker 2: saw that during Operation Fast and Furious John Dodson, we 366 00:20:08,600 --> 00:20:11,400 Speaker 2: tried to get him help from some of the existing organizations. 367 00:20:11,520 --> 00:20:13,919 Speaker 2: And to be candid again, I have friends who work 368 00:20:14,000 --> 00:20:16,560 Speaker 2: with those organizations. I'm not criticizing them, but it's just 369 00:20:16,600 --> 00:20:19,200 Speaker 2: political reality, right. They just weren't willing to take up 370 00:20:19,560 --> 00:20:22,520 Speaker 2: something intake on the Obama administration, and there weren't really 371 00:20:22,560 --> 00:20:25,320 Speaker 2: equivalent organizations that were right of center or who were 372 00:20:25,320 --> 00:20:27,439 Speaker 2: staffed by people who are right of center, and so 373 00:20:27,600 --> 00:20:31,000 Speaker 2: we saw there's basically a need to fill that gap. 374 00:20:31,280 --> 00:20:33,919 Speaker 2: Another reason I launched it is because I wanted to 375 00:20:34,119 --> 00:20:37,000 Speaker 2: have an organization that would not just focus on whistleblower 376 00:20:37,080 --> 00:20:41,679 Speaker 2: policy and just focus on representing people in their fights 377 00:20:41,680 --> 00:20:44,119 Speaker 2: against retaliation, although that's obviously part of what we do 378 00:20:44,200 --> 00:20:46,919 Speaker 2: and very necessary, but I also wanted an organization that 379 00:20:46,920 --> 00:20:50,760 Speaker 2: would help hold the oversight authorities in the IG community 380 00:20:50,800 --> 00:20:54,560 Speaker 2: and on Capitol Hill accountable for actually doing something about 381 00:20:54,560 --> 00:20:59,840 Speaker 2: the underlying problems that whistleblowers were raising concerns about. Because 382 00:21:00,119 --> 00:21:03,400 Speaker 2: the number one reason that whistleblowers don't come forward most 383 00:21:03,440 --> 00:21:06,600 Speaker 2: people think it's fear of retaliation. It's not. Most whistleblowers 384 00:21:06,600 --> 00:21:09,960 Speaker 2: who don't come forward say nothing because they don't think 385 00:21:09,960 --> 00:21:12,520 Speaker 2: the risk is worth the reward. They don't think that 386 00:21:12,600 --> 00:21:15,840 Speaker 2: anybody will do anything to fix the problems, So why 387 00:21:15,920 --> 00:21:18,840 Speaker 2: risk your career to raise your hand and speak out. 388 00:21:19,520 --> 00:21:22,880 Speaker 2: So part of what we do with our relationships deep 389 00:21:22,920 --> 00:21:25,560 Speaker 2: relationships on Capitol Hill and in the IG community, is 390 00:21:25,680 --> 00:21:28,320 Speaker 2: we can help make sure that when someone comes to 391 00:21:28,400 --> 00:21:30,520 Speaker 2: us and we help them craft their disclosure, we help 392 00:21:30,560 --> 00:21:31,960 Speaker 2: them do it in the right way, to make sure 393 00:21:32,000 --> 00:21:34,159 Speaker 2: that it's legal, that it's proper, that it's done, and 394 00:21:34,200 --> 00:21:36,080 Speaker 2: the best way to protect them. But we can also 395 00:21:36,080 --> 00:21:38,159 Speaker 2: help make sure that the people they're blowing the whistle 396 00:21:38,160 --> 00:21:41,639 Speaker 2: to actually follow through and put pressure on those folks 397 00:21:41,640 --> 00:21:43,480 Speaker 2: to follow through and do something about it and fix 398 00:21:43,520 --> 00:21:45,280 Speaker 2: the problem. You must have a pretty good bit of 399 00:21:45,320 --> 00:21:47,959 Speaker 2: business more than we can handle. 400 00:21:48,240 --> 00:22:02,640 Speaker 5: Yeah. 401 00:22:06,359 --> 00:22:09,000 Speaker 1: Since January sixth, the FBI has pushed out a number 402 00:22:09,040 --> 00:22:12,040 Speaker 1: of FBI employees who were not president at the Capitol 403 00:22:12,040 --> 00:22:16,240 Speaker 1: in January sixth, but hold differing views than FBI leadership. 404 00:22:17,000 --> 00:22:20,440 Speaker 1: One of the keys was Steve Friend and Marcus Allen. 405 00:22:20,480 --> 00:22:22,640 Speaker 1: Can you talk about their role as whistleblowers? 406 00:22:23,320 --> 00:22:26,440 Speaker 3: So, Steve Friend and Marcus Allen are among a number 407 00:22:26,480 --> 00:22:29,119 Speaker 3: of FBI whistleblowers who have come to us, and a 408 00:22:29,160 --> 00:22:32,360 Speaker 3: big part of what they have disclosed is really just that, 409 00:22:32,960 --> 00:22:37,240 Speaker 3: especially after January sixth of twenty twenty, and these are 410 00:22:37,240 --> 00:22:40,040 Speaker 3: all FBI agents. These are not individuals who were present 411 00:22:40,640 --> 00:22:43,159 Speaker 3: at the Capitol outside of the capital, much less inside 412 00:22:43,200 --> 00:22:46,080 Speaker 3: of it. These are just FBI agents who have a 413 00:22:46,119 --> 00:22:49,400 Speaker 3: different view of the world in some ways, and particularly 414 00:22:49,520 --> 00:22:53,680 Speaker 3: of how aggressively the FBI was going after people who 415 00:22:53,760 --> 00:22:57,000 Speaker 3: also weren't necessarily at the Capitol, and so the disclosures 416 00:22:57,040 --> 00:23:00,919 Speaker 3: that they made about, for instance, Bank of America coming 417 00:23:00,960 --> 00:23:04,800 Speaker 3: forward with the credit card information everybody who used a 418 00:23:04,840 --> 00:23:10,000 Speaker 3: Bank of America product in Washington, d C. On January fifth, 419 00:23:10,119 --> 00:23:13,040 Speaker 3: or sixth, or seventh, handing that over to the FBI. 420 00:23:13,160 --> 00:23:15,680 Speaker 3: These are the types of things that concerned a lot 421 00:23:15,720 --> 00:23:16,760 Speaker 3: of people within the FBI. 422 00:23:16,840 --> 00:23:17,720 Speaker 4: And what we see is that. 423 00:23:17,720 --> 00:23:22,080 Speaker 3: The Deputy FBI Director, Paul Abate really just early on said, 424 00:23:22,080 --> 00:23:23,720 Speaker 3: if you have a problem with how we're approaching these, 425 00:23:23,760 --> 00:23:25,920 Speaker 3: maybe this isn't the organization for you. In a large 426 00:23:25,920 --> 00:23:28,520 Speaker 3: scale way, a lot of people have been pushed out 427 00:23:28,560 --> 00:23:32,240 Speaker 3: of the FBI, including those who were hesitant about receiving 428 00:23:32,280 --> 00:23:33,200 Speaker 3: the vaccine, which. 429 00:23:33,040 --> 00:23:34,280 Speaker 4: Was mandated within the FBI. 430 00:23:34,680 --> 00:23:37,560 Speaker 3: And so that's a big part of how Steve Friend, 431 00:23:37,600 --> 00:23:41,320 Speaker 3: Marcus Allen, and others like them came forward and again, 432 00:23:41,440 --> 00:23:43,920 Speaker 3: the whole point of empower is to help bring those 433 00:23:43,920 --> 00:23:46,800 Speaker 3: messages to those who need to know about it. And 434 00:23:47,240 --> 00:23:51,080 Speaker 3: the Weaponization Subcommittee on Capitol Hill was formed precisely to 435 00:23:51,080 --> 00:23:54,800 Speaker 3: look at things like this, and that's somewhere that I 436 00:23:54,920 --> 00:23:58,280 Speaker 3: testified back in May alongside Steve Friend, Marcus Allen, and 437 00:23:58,320 --> 00:24:02,000 Speaker 3: another list Blurn named Garrett Oil, and they all highlight 438 00:24:02,040 --> 00:24:04,520 Speaker 3: it again how the FBI has just really changed how 439 00:24:04,600 --> 00:24:08,360 Speaker 3: it's culture and how it approaches issues. Out of its workforce, 440 00:24:08,359 --> 00:24:10,920 Speaker 3: it's inevitable that half of them are going to have 441 00:24:11,000 --> 00:24:13,359 Speaker 3: maybe different political views than the other half. That's just 442 00:24:13,440 --> 00:24:16,320 Speaker 3: the country that we live in. But the FBI is 443 00:24:16,400 --> 00:24:19,600 Speaker 3: still working on taxpayer dollars and it can't just push 444 00:24:19,600 --> 00:24:22,600 Speaker 3: out everybody that doesn't have the same worldview that those 445 00:24:22,640 --> 00:24:23,240 Speaker 3: at the top have. 446 00:24:23,920 --> 00:24:26,800 Speaker 2: So Marcus Allen and Steve Friend, one of the key 447 00:24:26,880 --> 00:24:28,639 Speaker 2: themes in both of their cases, and one of the 448 00:24:28,680 --> 00:24:31,000 Speaker 2: reasons that we've been pushing them and going to the 449 00:24:31,000 --> 00:24:35,159 Speaker 2: committees to raise their concerns is they really illustrate a 450 00:24:35,200 --> 00:24:38,440 Speaker 2: new tactic that the FBI has been using very aggressively 451 00:24:38,720 --> 00:24:41,280 Speaker 2: in order to retaliate against whistleblowers, and that is the 452 00:24:41,320 --> 00:24:44,760 Speaker 2: abuse of the security clearance process. Because of a Supreme 453 00:24:44,800 --> 00:24:48,120 Speaker 2: Court case called Navy versus Egan, they have a belief 454 00:24:48,160 --> 00:24:52,200 Speaker 2: that they can essentially suspend someone's security clearance, take them 455 00:24:52,240 --> 00:24:55,240 Speaker 2: off the payroll for an indefinite period of time while 456 00:24:55,240 --> 00:24:58,640 Speaker 2: they quote investigate whether or not they're suitable for a clearance. 457 00:24:59,000 --> 00:25:01,840 Speaker 2: That there can never be judicial review of that, and 458 00:25:02,160 --> 00:25:05,080 Speaker 2: they have begun using that as a way to retaliate 459 00:25:05,119 --> 00:25:08,840 Speaker 2: against people for either unpopular political opinions about January sixth 460 00:25:08,840 --> 00:25:12,240 Speaker 2: and other things, the vaccine mandate, things like that. They 461 00:25:12,320 --> 00:25:15,119 Speaker 2: use it as a real bureaucratic weapon to be able 462 00:25:15,160 --> 00:25:18,480 Speaker 2: to remove someone from the payroll where they're not allowed 463 00:25:18,520 --> 00:25:21,040 Speaker 2: to work. And then during that period where they're off 464 00:25:21,080 --> 00:25:22,680 Speaker 2: the payroll, they're not getting a pay check and they're 465 00:25:22,680 --> 00:25:24,840 Speaker 2: not allowed to take outside work without permission of the bureau, 466 00:25:24,880 --> 00:25:28,080 Speaker 2: which of course they deny. Basically, it's a financial squeeze 467 00:25:28,119 --> 00:25:31,000 Speaker 2: to get people to quit without actually going through any 468 00:25:31,000 --> 00:25:33,640 Speaker 2: of the internal appeals procedures and due process to try 469 00:25:33,680 --> 00:25:37,520 Speaker 2: to vindicate and challenge the suspension of their security clearance. 470 00:25:37,760 --> 00:25:41,160 Speaker 2: So that's the commonality between Marcus Allen and Steve Friend's case. 471 00:25:41,960 --> 00:25:44,960 Speaker 1: Another case which has really gotten a lot of national 472 00:25:44,960 --> 00:25:49,200 Speaker 1: intention is Gary Shapley, who is the longtime IRS investigator 473 00:25:49,840 --> 00:25:53,600 Speaker 1: who really believed that the government had mishandled the tax 474 00:25:53,680 --> 00:25:58,160 Speaker 1: investigation into President Biden's son Hunter. But he had information 475 00:25:58,280 --> 00:26:00,720 Speaker 1: so sensitive he couldn't even give it to his own 476 00:26:00,800 --> 00:26:05,720 Speaker 1: lawyer without potentially committing a felony. So through his attorney, 477 00:26:06,040 --> 00:26:10,919 Speaker 1: he approached you guys that empower oversight, and they managed 478 00:26:10,960 --> 00:26:13,159 Speaker 1: to coach him into how to do this, and you 479 00:26:13,200 --> 00:26:15,840 Speaker 1: guys played a major role in helping us. Can you 480 00:26:15,880 --> 00:26:17,920 Speaker 1: walk us through how that's evolved. 481 00:26:18,640 --> 00:26:20,199 Speaker 2: There's a real problem that we had to try to 482 00:26:20,240 --> 00:26:24,159 Speaker 2: solve there because there is a statute that allows someone 483 00:26:24,200 --> 00:26:26,840 Speaker 2: in the IRS or anybody who appropriately has access to 484 00:26:26,960 --> 00:26:30,399 Speaker 2: tax return information is normally a felony to disclose that 485 00:26:30,440 --> 00:26:33,320 Speaker 2: information without authorization, but there's an exception in the statute 486 00:26:33,320 --> 00:26:36,080 Speaker 2: for blowing the whistle, and specifically blowing the whistle to 487 00:26:36,840 --> 00:26:39,359 Speaker 2: the proper places on Capitol Hill, which has to be 488 00:26:39,520 --> 00:26:42,320 Speaker 2: the chair of the Ways and Means Committee or the 489 00:26:42,359 --> 00:26:44,760 Speaker 2: chair of the Finance Committee, the two committees that write 490 00:26:44,880 --> 00:26:48,120 Speaker 2: the tax laws. If someone had gone to the Judiciary Committee, 491 00:26:48,119 --> 00:26:50,880 Speaker 2: for example, and disclosed tax turn information because they thought 492 00:26:50,880 --> 00:26:52,480 Speaker 2: they had a right to blow the whistle. That way, 493 00:26:52,760 --> 00:26:54,520 Speaker 2: they would be in trouble. They'd be in serious trouble 494 00:26:54,520 --> 00:26:57,080 Speaker 2: because the statue doesn't allow that. So there were some 495 00:26:57,160 --> 00:27:00,480 Speaker 2: really fine, touchy waters that he needed ton gate here. 496 00:27:00,520 --> 00:27:03,800 Speaker 2: So the statute, while it allows you to disclose tax 497 00:27:03,840 --> 00:27:07,840 Speaker 2: turn information to the oversight committees, the tax committees on 498 00:27:07,880 --> 00:27:12,720 Speaker 2: Capitol Hill, it doesn't have any explicit exception for sharing 499 00:27:12,760 --> 00:27:17,280 Speaker 2: the same sorts of information with your own attorneys. So 500 00:27:17,359 --> 00:27:20,440 Speaker 2: what we had to do was before he could even 501 00:27:20,440 --> 00:27:23,320 Speaker 2: give any details to his own attorneys, we had to 502 00:27:23,320 --> 00:27:26,439 Speaker 2: figure out how to solve that problem. And Mark lydel 503 00:27:26,520 --> 00:27:29,600 Speaker 2: our co council with Nixon. Peabody ended up writing a 504 00:27:29,720 --> 00:27:32,960 Speaker 2: letter on April nineteenth of twenty twenty three to all 505 00:27:33,040 --> 00:27:36,440 Speaker 2: the committees, all the relevant committees Judiciary and the tax 506 00:27:36,480 --> 00:27:39,960 Speaker 2: writing committees, and basically outlined this problem and said, I 507 00:27:39,960 --> 00:27:42,720 Speaker 2: have a client he'd like to make the following disclosures. 508 00:27:42,800 --> 00:27:46,160 Speaker 2: We generically described those disclosures had to do with protecting 509 00:27:46,160 --> 00:27:49,679 Speaker 2: a politically connected individual preferential treatment for that person, not 510 00:27:49,800 --> 00:27:53,040 Speaker 2: mitigating conflicts of interest. He could only describe to us, 511 00:27:53,080 --> 00:27:55,040 Speaker 2: and we could only describe to the committees what those 512 00:27:55,080 --> 00:27:58,240 Speaker 2: allegations were in broad strokes. So we did that, and 513 00:27:58,280 --> 00:28:00,639 Speaker 2: we identified this issue of if he's going to come 514 00:28:00,680 --> 00:28:02,680 Speaker 2: in and testify to you, we're not going to send 515 00:28:02,720 --> 00:28:04,920 Speaker 2: him in there without a lawyer beside him to look 516 00:28:04,920 --> 00:28:07,600 Speaker 2: out for his interests. So the committee needs to figure 517 00:28:07,600 --> 00:28:10,320 Speaker 2: out a way to solve this. And in fact, we 518 00:28:10,400 --> 00:28:14,239 Speaker 2: got letters designating two of the three councils on our 519 00:28:14,240 --> 00:28:17,280 Speaker 2: team under sixty one or three as agents of the 520 00:28:17,320 --> 00:28:21,040 Speaker 2: committee and authorizing them which the chairs have the power 521 00:28:21,080 --> 00:28:25,920 Speaker 2: to do under the statute, authorizing them to receive the 522 00:28:26,000 --> 00:28:28,639 Speaker 2: tax return information get all the details from Gary so 523 00:28:28,720 --> 00:28:31,119 Speaker 2: that they could then advise him and sit with him 524 00:28:31,160 --> 00:28:34,440 Speaker 2: in the interview and help prepare his disclosure for the committees. 525 00:28:34,520 --> 00:28:37,119 Speaker 2: We did that in a bipartisan way. We did it 526 00:28:37,200 --> 00:28:39,840 Speaker 2: on both the House and the Senate side. We got 527 00:28:40,240 --> 00:28:44,200 Speaker 2: buy in and letters of designation authorizing him to share 528 00:28:44,240 --> 00:28:47,840 Speaker 2: information with his attorneys from both Senator Widen, the co 529 00:28:47,960 --> 00:28:50,400 Speaker 2: chair of the Whistler Protection Caucus in the Senate, the 530 00:28:50,440 --> 00:28:53,880 Speaker 2: Democrat chair of the Finance Committee, as well as Jason Smith, 531 00:28:53,920 --> 00:28:57,000 Speaker 2: the Republican chair of the House Ways and Means Committee, 532 00:28:57,040 --> 00:28:59,560 Speaker 2: and so that was really what sort of cleared the 533 00:28:59,560 --> 00:29:03,000 Speaker 2: decks for Gary to share with his own attorneys all 534 00:29:03,000 --> 00:29:07,840 Speaker 2: the details about the deviations from normal criminal procedure that 535 00:29:07,880 --> 00:29:10,360 Speaker 2: he had seen throughout his time working on the Hunter 536 00:29:10,400 --> 00:29:13,239 Speaker 2: Biden investigation. And that allowed him to come forward and 537 00:29:13,440 --> 00:29:17,200 Speaker 2: testify behind closed doors to both the Democrats and the 538 00:29:17,240 --> 00:29:20,720 Speaker 2: Republicans on the Houseways and Means Committee, which eventually the 539 00:29:20,800 --> 00:29:23,280 Speaker 2: committee decided on its own, which it also has authority 540 00:29:23,320 --> 00:29:26,400 Speaker 2: under to do under the statute, to vote to release 541 00:29:26,400 --> 00:29:29,520 Speaker 2: that information, which they did, and then that's been the 542 00:29:29,600 --> 00:29:31,840 Speaker 2: subject of a lot of public discussion since do. 543 00:29:31,800 --> 00:29:33,720 Speaker 1: You know was that vote by partisan or was it 544 00:29:33,760 --> 00:29:35,200 Speaker 1: partisan to release it? 545 00:29:35,280 --> 00:29:38,040 Speaker 2: The vote ended up being a one hundred percent partisan vote. 546 00:29:38,280 --> 00:29:41,280 Speaker 2: There wasn't a single Democrat who voted to release the information. 547 00:29:41,680 --> 00:29:45,880 Speaker 1: That's unfortunate. But after that, Hunter Biden's lawyers really went 548 00:29:45,920 --> 00:29:48,040 Speaker 1: after Shapley, didn't they. 549 00:29:48,240 --> 00:29:51,400 Speaker 3: Yeah, they have come after him, and this has been 550 00:29:51,440 --> 00:29:54,840 Speaker 3: a problem that really manifested itself even last year. 551 00:29:54,920 --> 00:29:56,640 Speaker 4: You look at Gary Shapley's. 552 00:29:56,120 --> 00:29:58,959 Speaker 3: Testimony and he talks about how he learned in August 553 00:29:59,040 --> 00:30:03,040 Speaker 3: a year ago, at Hunter Biden's lawyer, Chris Clark had 554 00:30:03,080 --> 00:30:05,840 Speaker 3: told prosecutors, if you charge my client, it will be 555 00:30:05,880 --> 00:30:09,360 Speaker 3: a career killer for you, and this has been their 556 00:30:09,520 --> 00:30:13,480 Speaker 3: mo throughout. And so about a month or so ago, 557 00:30:14,000 --> 00:30:17,480 Speaker 3: we learned for the first time from press reports that. 558 00:30:17,400 --> 00:30:19,440 Speaker 4: Hunter Biden's attorneys had. 559 00:30:19,440 --> 00:30:23,560 Speaker 3: Argued to DOJ that they should go after our client, 560 00:30:23,640 --> 00:30:26,480 Speaker 3: Garry Shapley because they alleged they'd broken federal laws about 561 00:30:26,520 --> 00:30:30,760 Speaker 3: grand jury material, which is patently untrue. We were extremely 562 00:30:30,800 --> 00:30:34,040 Speaker 3: careful throughout again both in terms of the taxpayer privacy laws, 563 00:30:34,400 --> 00:30:38,120 Speaker 3: and steered entirely clear of any grand jury material. So 564 00:30:38,240 --> 00:30:41,560 Speaker 3: this was just a frivolous allegation, but it was made 565 00:30:41,680 --> 00:30:45,600 Speaker 3: to the same DOJ that we know would subsequently be 566 00:30:45,640 --> 00:30:48,120 Speaker 3: helping to craft the Sweetheart pleadale for Hunter Biden, and 567 00:30:48,160 --> 00:30:50,040 Speaker 3: so it was an alarming thing for us to see 568 00:30:50,040 --> 00:30:53,040 Speaker 3: in the news reports. Even then, as we got closer 569 00:30:53,040 --> 00:30:57,160 Speaker 3: to the plea hearing for Hunter Biden, Chairman Smith took 570 00:30:57,240 --> 00:31:01,600 Speaker 3: those transcripts from the behind the scenes whistleblower interviews that 571 00:31:01,640 --> 00:31:05,160 Speaker 3: we sat in on and put those into an amicus brief, 572 00:31:05,160 --> 00:31:07,760 Speaker 3: a friend of the court brief that tried to inform 573 00:31:07,840 --> 00:31:10,760 Speaker 3: Judge Norieka that there were a lot of significant problems 574 00:31:10,800 --> 00:31:13,320 Speaker 3: here that she ought to be aware of. And when 575 00:31:13,360 --> 00:31:15,760 Speaker 3: he submitted that to the court just a few days 576 00:31:15,840 --> 00:31:20,840 Speaker 3: before the plea deal hearing, Hunter Biden's attorneys immediately wrote 577 00:31:20,960 --> 00:31:24,600 Speaker 3: to Chairman Smith's attorneys and claimed that there was information 578 00:31:24,640 --> 00:31:27,400 Speaker 3: in there that had been illegally disseminated. That's when you 579 00:31:27,440 --> 00:31:30,800 Speaker 3: had the whole embrolio over someone on Hunter's legal team 580 00:31:30,840 --> 00:31:34,120 Speaker 3: calling the court a clerk for the court and either 581 00:31:34,200 --> 00:31:38,480 Speaker 3: implying or in a case of mistaken identity being mistaken 582 00:31:38,520 --> 00:31:41,800 Speaker 3: for someone on Chairman Smith's legal team asking to take 583 00:31:41,840 --> 00:31:44,720 Speaker 3: documents down, which they initially did, in which Judge Norieco 584 00:31:44,880 --> 00:31:47,680 Speaker 3: was very unhappy about an issue to show cause order 585 00:31:47,720 --> 00:31:49,960 Speaker 3: that evening as to why she shouldn't issue sanctions against 586 00:31:50,000 --> 00:31:53,160 Speaker 3: Hunter Biden's legal team. But then the next day, after 587 00:31:53,560 --> 00:31:56,320 Speaker 3: the plea deal was rejected, the very next place the 588 00:31:56,400 --> 00:31:59,600 Speaker 3: Hunter's attorneys went was after our clients submitting an additional 589 00:31:59,640 --> 00:32:03,040 Speaker 3: filing to the court that specifically said that those exhibits 590 00:32:03,120 --> 00:32:05,440 Speaker 3: before it had just been a broad allegation that there 591 00:32:05,520 --> 00:32:08,000 Speaker 3: was information in there that shouldn't have been including social 592 00:32:08,000 --> 00:32:12,080 Speaker 3: Security numbers, taxpayer private information. Again, after the ple deal 593 00:32:12,120 --> 00:32:15,880 Speaker 3: fell through, they specifically alleged that the whistleblower transcripts included 594 00:32:15,920 --> 00:32:20,080 Speaker 3: grand jury material, again taxpayer private material. And this was 595 00:32:20,120 --> 00:32:23,240 Speaker 3: a definite shot across the bow of our client, across 596 00:32:23,240 --> 00:32:26,040 Speaker 3: the bow of Joseph Siegler, the case agent, and is 597 00:32:26,160 --> 00:32:28,960 Speaker 3: very concerning because again these attorneys have made clear that 598 00:32:29,000 --> 00:32:33,120 Speaker 3: they have no qualms about making this frivolous allegations and 599 00:32:33,160 --> 00:32:34,960 Speaker 3: then going to great lengths to pursue those. 600 00:32:35,640 --> 00:32:39,840 Speaker 1: If you're a whistleblower, in addition to needing protection from 601 00:32:39,960 --> 00:32:42,920 Speaker 1: your employer, you may well be faced with legal fees 602 00:32:42,960 --> 00:32:46,360 Speaker 1: and problems as the person that you're blowing the whistle 603 00:32:46,440 --> 00:32:50,000 Speaker 1: on Fire's attorneys. Now you have a legal fund that 604 00:32:50,160 --> 00:32:54,120 Speaker 1: defend whistleblowers dot com. How does that help people like 605 00:32:54,240 --> 00:32:55,440 Speaker 1: Special Agent Shapley. 606 00:32:55,760 --> 00:32:57,920 Speaker 2: Well, so we set up this special fund for law 607 00:32:57,960 --> 00:33:01,160 Speaker 2: enforcement whistleblowers separate from our general fun so that if 608 00:33:01,160 --> 00:33:04,160 Speaker 2: there are people who want to help put together sort 609 00:33:04,160 --> 00:33:06,680 Speaker 2: of a war chest to be able to defend either 610 00:33:06,720 --> 00:33:09,360 Speaker 2: Shaply or others like him who might want to come forward, 611 00:33:09,720 --> 00:33:12,000 Speaker 2: that we will be able to hopefully have the resources 612 00:33:12,000 --> 00:33:14,040 Speaker 2: to do that. And so we're asking people to donate 613 00:33:14,080 --> 00:33:16,400 Speaker 2: there if they have a particular concern about law enforcement 614 00:33:16,400 --> 00:33:17,120 Speaker 2: whistle blowers. 615 00:33:17,560 --> 00:33:20,640 Speaker 1: It's really sort of hand to hand combat, isn't it. 616 00:33:21,400 --> 00:33:24,080 Speaker 1: A person wants to do the right thing, they may 617 00:33:24,120 --> 00:33:28,240 Speaker 1: face penalties inside their own operation. They may face a 618 00:33:28,320 --> 00:33:33,040 Speaker 1: hostile lawyer for the person that's being accused. We need 619 00:33:33,640 --> 00:33:36,680 Speaker 1: to be able to help whistle blowers know that they 620 00:33:36,680 --> 00:33:39,920 Speaker 1: will have serious protection if they come out to help us. 621 00:33:40,160 --> 00:33:41,960 Speaker 1: In that sense, what you guys are doing seems to 622 00:33:42,000 --> 00:33:44,040 Speaker 1: me is very very important. 623 00:33:44,440 --> 00:33:47,200 Speaker 2: Absolutely, don't forget the human element of this too. I mean, 624 00:33:47,280 --> 00:33:50,080 Speaker 2: Gary talks a lot about how many sleepless nights he 625 00:33:50,280 --> 00:33:54,320 Speaker 2: lost between last fall when he first started seeing things 626 00:33:54,320 --> 00:33:56,560 Speaker 2: that he could not look the other way on. Think 627 00:33:56,560 --> 00:33:58,880 Speaker 2: about all the stress if it's you and your job 628 00:33:59,320 --> 00:34:01,880 Speaker 2: on the line, and the future of your four daughters 629 00:34:01,920 --> 00:34:05,000 Speaker 2: and their college, your ability to make a living, and 630 00:34:05,040 --> 00:34:07,480 Speaker 2: you know that there's unlimited resources. On the other side, 631 00:34:07,560 --> 00:34:11,160 Speaker 2: there's the US attorneys who are trying to defend their reputations. 632 00:34:11,280 --> 00:34:14,439 Speaker 2: There's the very well funded lawyers for the president's son 633 00:34:14,880 --> 00:34:16,680 Speaker 2: who are going to be out there looking for any 634 00:34:16,680 --> 00:34:19,000 Speaker 2: way they can to tear you apart. It's one thing 635 00:34:19,040 --> 00:34:21,400 Speaker 2: I try to impress upon people on Capitol Hill and 636 00:34:21,400 --> 00:34:23,960 Speaker 2: people in the IG world. These are real human beings 637 00:34:24,000 --> 00:34:26,719 Speaker 2: and they're going through real struggles. And this isn't just 638 00:34:26,760 --> 00:34:30,640 Speaker 2: about headlines and fundraising or whatever if you're in Congress. 639 00:34:30,640 --> 00:34:33,600 Speaker 2: I mean, this is about real people with real wrongdoing 640 00:34:33,600 --> 00:34:35,520 Speaker 2: that they're trying to report that needs to be remedied. 641 00:34:35,920 --> 00:34:38,759 Speaker 1: Well, listen, interesting and Jason, I want to thank you 642 00:34:38,800 --> 00:34:41,120 Speaker 1: for joining me. I also want to thank you for 643 00:34:41,200 --> 00:34:44,239 Speaker 1: the patriotic work you're doing. I think the work you 644 00:34:44,320 --> 00:34:47,360 Speaker 1: and the team and Empower Oversite are doing is essential 645 00:34:47,800 --> 00:34:51,640 Speaker 1: to holding our government accountable and supporting whistleblowers is a 646 00:34:51,719 --> 00:34:53,640 Speaker 1: key piece of that. And I want to let our 647 00:34:53,640 --> 00:34:56,200 Speaker 1: listeners know if they'd like to find out more about 648 00:34:56,200 --> 00:34:59,960 Speaker 1: Empower Oversight, they can go to your website that empowered 649 00:35:00,080 --> 00:35:07,480 Speaker 1: dot us. That's empowr dot us. And I'm really grateful 650 00:35:07,520 --> 00:35:09,640 Speaker 1: the two of you and I thank you for spending 651 00:35:09,640 --> 00:35:10,399 Speaker 1: this time with us. 652 00:35:10,920 --> 00:35:12,920 Speaker 2: Thank you so much for having us. Yeah, we appreciate 653 00:35:12,920 --> 00:35:13,960 Speaker 2: the invite. Thank you very much. 654 00:35:18,239 --> 00:35:20,840 Speaker 1: Thank you to my guest Tristan Levitt and Jason Foster. 655 00:35:21,400 --> 00:35:24,359 Speaker 1: You can learn more about Empower Oversight on our show 656 00:35:24,400 --> 00:35:28,439 Speaker 1: page newtsworld dot com. Newtsworld is produced by Gagrid three 657 00:35:28,480 --> 00:35:33,400 Speaker 1: sixty and iHeartMedia. Our executive producer is Guarnsey Slump and 658 00:35:33,440 --> 00:35:37,280 Speaker 1: our researcher is Rachel Peterson. The artwork for the show 659 00:35:37,560 --> 00:35:41,000 Speaker 1: Who's created by Steve Penley special thanks to the team 660 00:35:41,239 --> 00:35:44,760 Speaker 1: at Gingrid three sixty. If you've been enjoying newts World, 661 00:35:45,160 --> 00:35:47,920 Speaker 1: I hope you'll go to Apple Podcast and both rate 662 00:35:48,000 --> 00:35:51,040 Speaker 1: us with five stars and give us a review so 663 00:35:51,160 --> 00:35:54,640 Speaker 1: others can learn what it's all about. Right now, listeners 664 00:35:54,680 --> 00:35:58,440 Speaker 1: of Newtsworld consign up for my three free weekly columns 665 00:35:58,680 --> 00:36:02,719 Speaker 1: at Gingrich three sixty dot com com slash newsletter. I'm 666 00:36:02,800 --> 00:36:04,719 Speaker 1: new Gingrich. This is new chalk. 667 00:36:07,239 --> 00:36:11,919 Speaker 3: Mmmmmmmm