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Letter from Peters to Kerner Whistleblower Complaint on Ukraine (Kelly Smith, comp.) 1 (9/27/2019)

handle is hein.presidents/usgvtwht0045 and id is 1 raw text is: '4fJ LHNANFOO H I A UA L ( R SN. N W LI JAP R: U H': (IN W tN KY R11 :N 43144 F 4 IXI 1>~NY Nl ( H p311Utd *tata & nate COMMITTEE ON LX Fo XX. NI' 43(1 ' s(H : I ((LIT HOMELAND SECU RITY AND GO VERN MLNTAL AFFAIRS WASHINGTON. DC 20510 6250 September 27, 2019 The Honorable Henry J. Kerner Special Counsel 1730 M Street. N.W. Washington. D.C., 20036-4505 Dear Mr. Kerner: Thank you for your diligent leadership at the helm of the Office of Special Counsel (OSC). I am writing to urge you to continue your efforts to protect the rights of federal employees across the government, particularly those who have taken the courageous step to blow the whistle on wrongdoingi As you know, OSC is charged with protecting whistleblowers in federal service - brave men and women who come forward to report waste, fraud, and abuse, often at great professional risk. Under your leadership. OSC has been an effective investigator of retaliation claims and a strong advocate for whistleblower rights. I am concerned that recent events pertaining to an Intelligence Community whistleblower complaint could have a chilling effect on whistleblowers across federal government. Earlier this month, reports emerged that a member of the Intelligence Community came forward to report an urgent concern to the Intelligence Community Inspector General (IG). The IG evaluated the report, determined it was credible, and submitted it to the Director of National Intelligence (DNI) for transmission to Congress, as outlined in law. Despite a clear statutory mandate, the DNI relftsed to transmit the report to the appropriate congressional committees for several weeks, instead arguing - based on guidance from the Department of Justice - that the whislebiower's report does not meet the definition of an urgent concern. The IG has raised concerns that this could undermine statutory protections against retaliation.' I am deeply concerned that the Administration's approach to this whistleblower's report could discourage whistleblowers across the federal government from coming forward. Even though this particular whistleblower disclosure has now been released to the appropriate congressional committees and publicly, federal employees have now seen that, even if they follow the established legal process, their concerns may not be heard. They have seen the President of the 'Letter from Michael K Atkinson, Inspector General of the Intelligence Community, to Chairman Adam Schiffand Ranking Member Devin Nunes, House Permanent Select Committee on Intelligence (Sept. 17, 2019).

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