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Whistle Where You Work #19 - FBI Whistleblower Coleen Rowley, Air Traffic Controller Whistleblower — Transcript

by Government Accountability Project · 5,032 words · 711 segments · language en · Watch on YouTube

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  1. 0:00[Music]
  2. 0:30Today we're talking with Colleen Rally,
  3. 0:33the FBI agent who blew the lid off of
  4. 0:36the preparations or the lack thereof by
  5. 0:40the United States government in planning
  6. 0:42for the 911 attacks. Welcome, Colleen,
  7. 0:45to Whistle, where you work. Well, thanks
  8. 0:47for having me.
  9. 0:49Colleen, where did you grow up? Iowa in
  10. 0:52a small farm town. And tell me about
  11. 0:54your educational background. Went to
  12. 0:56college. I majored in French. I went on
  13. 0:58to law school, graduated from the
  14. 1:00University of Iowa law school, and then
  15. 1:02pretty quickly joined the FBI, which was
  16. 1:05had been my goal all along since about
  17. 1:07fifth grade. And And when did you do
  18. 1:10that? I joined the FBI in January of
  19. 1:141981. And I um then I was assigned to
  20. 1:17Jackson, Mississippi, uh Omaha, and
  21. 1:20eventually New York City, where I worked
  22. 1:22on mafia cases for six and a half years.
  23. 1:25And then in 1990, I got transferred to
  24. 1:27Minneapolis where I became the legal
  25. 1:30counsel for the office. And that a lot
  26. 1:32of different hats, freedom of
  27. 1:33information and victim witness, but
  28. 1:35mostly I taught FBI agents,
  29. 1:37constitutional law.
  30. 1:40And when did you first become aware of
  31. 1:42Zacharias Misawi? I got called at night.
  32. 1:45Uh woke me up. Actually, didn't wake me
  33. 1:47up, but I was already in bed about 9:00.
  34. 1:49That's very unusual for agents to call
  35. 1:51me at home at the time. maybe only
  36. 1:52happened a couple of times in my whole
  37. 1:54career. And what year are we talking
  38. 1:55about here? This would have been um
  39. 1:57August I think 16th of 2001 and they had
  40. 2:02just taken him into custody and I the
  41. 2:04supervisor at the time acting supervisor
  42. 2:06gave me some short facts and um actually
  43. 2:09he said you know I think we really have
  44. 2:11something here and of course I said yes
  45. 2:12my goodness but at the time there were
  46. 2:15questions about whether they could go
  47. 2:17any further on the searching. What had
  48. 2:19triggered the agents interest in him?
  49. 2:21They had been called from the flight
  50. 2:22school in Egan uh because the two
  51. 2:25different police the the uh instructors
  52. 2:28the flight instructors were extremely
  53. 2:30suspicious and a lot of people know that
  54. 2:32you know it's one fact but no it was a
  55. 2:33lot of reasons he had paid in cash and
  56. 2:36he had made up excuses for why he wanted
  57. 2:38to fly the uh learn to fly. Um it a lot
  58. 2:42of this now is revealed in chapter 8 of
  59. 2:45the 911 commission report. In August
  60. 2:482001, Msawe was detained by immigration
  61. 2:51officials, wasn't he? Well, that No,
  62. 2:53that was what he was detained by was the
  63. 2:55joint terrorism task force that night
  64. 2:58that they called me. Gotcha. And that
  65. 3:00included INS and that gave the reason
  66. 3:03because his uh visa had expired. So, in
  67. 3:06a way, he was detained because of the
  68. 3:07expired visa, but that was not the
  69. 3:09reason. He was detained. you know, they
  70. 3:11were afraid that he had the trappings
  71. 3:14and the markings of a dangerous uh you
  72. 3:16know, person and certainly indications
  73. 3:18that he was a you know, could could be a
  74. 3:20terrorist suspect. And so what did you
  75. 3:21do with this information? Well, they
  76. 3:23were asking me what they could do in
  77. 3:25terms of searching and the law at the
  78. 3:26time, now I've come under some criticism
  79. 3:28for not saying go ahead, it's an
  80. 3:30emergency. Now, this would have been
  81. 3:31August 16th, the first time I get the
  82. 3:33call and the law at the time is to play
  83. 3:35it safer and seek a warrant. And then
  84. 3:37you are uh you are then have to consider
  85. 3:41whether it should be a criminal warrant
  86. 3:43or under the foreign intelligence
  87. 3:45surveillance act the intelligence world.
  88. 3:47And before 9/11 there were all kinds of
  89. 3:50issues with the wall that separated the
  90. 3:53intelligence from the criminal. Uh at
  91. 3:55the time we decided it wasn't just
  92. 3:57myself also FBI headquarters that the
  93. 4:00better route was to attempt to get a
  94. 4:02FISA warrant through the intelligence u
  95. 4:05for a lot of reasons. And so the agents
  96. 4:07then set about doing that. They put the
  97. 4:09facts down and within a couple of days
  98. 4:10they worked really around the clock.
  99. 4:12They had a real many paged uh draft
  100. 4:16declaration of facts that they sent to
  101. 4:18our headquarters to get an emergency not
  102. 4:20just a FISA but an emergency FISA. And
  103. 4:23when was this? Uh well August 16th to I
  104. 4:27think 18th. So some right right around
  105. 4:29the 18th at these facts or 19th
  106. 4:31somewhere in there that they would have
  107. 4:33gotten them. The same time that they
  108. 4:35sent a draft declaration, they also sent
  109. 4:37out leads to uh uh both uh Great Britain
  110. 4:40and France for uh doing background, the
  111. 4:44agents, you know, really did everything
  112. 4:46just very timely and very uh very
  113. 4:49astute. They were very astute. You just
  114. 4:51can't, you know, praise their work more.
  115. 4:53As well as the flight instructors, I
  116. 4:56should mention that the real
  117. 4:57whistleblowers initially were the flight
  118. 4:58instructors who called the FBI. They
  119. 5:00went against their bosses. So when you
  120. 5:02when you mix the government and the
  121. 5:04private, this story really is a great uh
  122. 5:07great example of where private
  123. 5:09whistleblowers need protection because
  124. 5:10they went against their um their bosses
  125. 5:13who of course Usawi was a paying
  126. 5:15customer and a cash paying customer at
  127. 5:18that and and flight schools have lost
  128. 5:20that those customers. In fact, I think
  129. 5:22this flight school's gone out of
  130. 5:23business. So you can see how uh
  131. 5:26everybody along here did the right thing
  132. 5:28up until Now that's what I wanted to get
  133. 5:30to. What did headquarters do with the
  134. 5:32information you sent them? Well, again,
  135. 5:34you you had this mixture of human error
  136. 5:36and and not really doing some some
  137. 5:39mistakes and wrong things as well as a
  138. 5:41misunderstanding of the law. The wall
  139. 5:43had grown so high that turns out later
  140. 5:46uh court of FISA court of appeals says
  141. 5:48that was never correct understanding of
  142. 5:50the law. But at the time the people at
  143. 5:52headquarters believed that it the
  144. 5:55probable cause was not there. uh the 911
  145. 5:58commission report. It's kind of hard to
  146. 6:00talk about what they understood unless
  147. 6:01you te tell about what what the mistakes
  148. 6:03were. One of the mistakes that the 911
  149. 6:06commission report found out was that
  150. 6:08they didn't understand that the fact
  151. 6:10that Mousawi was working for the
  152. 6:12Cetchians that was a foreign group. When
  153. 6:15you go to the FISA court, you have to
  154. 6:17say that you're working on behalf of a
  155. 6:19foreign power or a or a terrorist group.
  156. 6:22and our headquarters people didn't
  157. 6:24recognize that the Chetchins could have
  158. 6:26been um described as a foreign power or
  159. 6:29a foreign terrorist group. That was one
  160. 6:31mistake. There was another more
  161. 6:33mistakes. One other mistake that's
  162. 6:35really never been talked about much is
  163. 6:37that the legal person in the FBI, the
  164. 6:39unit chief, never read the the um
  165. 6:43declaration. Uh Grassly in the What
  166. 6:46would they have learned had they read
  167. 6:48it? Yeah.
  168. 6:49uh it these these facts again it's
  169. 6:52multi-page declaration and I won't be
  170. 6:53able to recite all of them but um there
  171. 6:56were such things as paying in cash and
  172. 6:58when the suspicious flight instructor
  173. 7:00questioned him about being u uh Islam or
  174. 7:04whatever Mousawi had had said things
  175. 7:06that that didn't make sense um there
  176. 7:09were he did have certain interest in
  177. 7:12parts of the plane that were weird his
  178. 7:14background in being a private pilot made
  179. 7:17no sense what What the sum of it was
  180. 7:20that the flight instructor and again you
  181. 7:22have to you have to um rely on an expert
  182. 7:26like that in the field. If you're an FBI
  183. 7:27agent and he's a flight instructor who's
  184. 7:29taught for 20 years and he says to you,
  185. 7:32"Yes, this is one of the most suspicious
  186. 7:34students I've ever had or the most
  187. 7:36suspicious." No, that counts for a lot
  188. 7:39because I'm an FBI agent. How would I
  189. 7:41know what what is suspicious? But you
  190. 7:43are the flight instructor and it wasn't
  191. 7:45just one. Okay, so all of these things
  192. 7:47in total probable cause under the under
  193. 7:50this case law of gates and stuff is that
  194. 7:52you look at all the facts together. Now
  195. 7:55when the draft declaration went into
  196. 7:57headquarters, the another mistake was
  197. 7:59that the person at headquarters rewrote
  198. 8:01portions of it. Um and and of course I
  199. 8:04was in tune to that because our FBI
  200. 8:06laboratory uh Frederick Whitehurst that
  201. 8:09was something he pointed to when his
  202. 8:11scientific reports would get slightly
  203. 8:13arandized or slightly changed and that's
  204. 8:16not right. If you do uh your report you
  205. 8:18know and it's my science report so your
  206. 8:20boss is going to rewrite a few words.
  207. 8:22Well this draft declaration that
  208. 8:24happened the person at headquarters was
  209. 8:26changed three or four things. So all of
  210. 8:29this led to the thing and the fact that
  211. 8:32the unit chief did not read it was
  212. 8:34another huge uh problem. You can imagine
  213. 8:37how can you say it's not probable cause.
  214. 8:38What what if he went into a judge and he
  215. 8:41you to sign something and later out
  216. 8:43later on found he hadn't read it. I mean
  217. 8:44that that's how bad this was. So um
  218. 8:47after 911 of course then nobody was
  219. 8:49revealing these very human errors and we
  220. 8:52know the rest of the story because when
  221. 8:54the truth did not come out after 911
  222. 8:56about some of these things. What
  223. 8:58happened? What rushes in to fit uh fill
  224. 9:00a vacuum? The wrong approaches rounding
  225. 9:03up immigrants. You know, very quickly
  226. 9:05after 9/11, they instituted the harsh
  227. 9:07interrogation tactics. Was that a
  228. 9:09problem? I mean, come on. I mean, the uh
  229. 9:12it's just there was just a whole number
  230. 9:14of things and that's the reason why
  231. 9:16truth is really a key thing and
  232. 9:18especially in in a national security
  233. 9:20environment. In 2002, you wrote to FBI
  234. 9:23Director Robert Mueller a letter and you
  235. 9:26said that you were concerned at the time
  236. 9:28that the agency was misrepresenting some
  237. 9:31of the facts surrounding what had
  238. 9:34happened uh in the run-up to 9/11. Uh
  239. 9:37what motivated you to write this letter?
  240. 9:39Well, at that time they had um they had
  241. 9:43started a joint intelligence uh
  242. 9:45committee uh inquiry under a Pentagon
  243. 9:48analyst, Ellener Hill, and there were
  244. 9:50staff and and we were all being called.
  245. 9:52Uh it was kind of surprising I was even
  246. 9:55called to come back. The reason I was
  247. 9:57called is because this legal issue of
  248. 9:59probable cause kind of figured in. I
  249. 10:01think that was the reason I got called.
  250. 10:03But also in that interim they had uh a
  251. 10:07timetable of events had been uh set to
  252. 10:10paper and the timetable left out some of
  253. 10:13the more embarrassing facts like this
  254. 10:15this this great example is did you read
  255. 10:17the affidavit that you'll not find that
  256. 10:18in the t timet and yet other things that
  257. 10:21kind of backed up there's no probable
  258. 10:23cause there's nothing we could have done
  259. 10:25that was in there so when I got that
  260. 10:28call I it was a long story but for like
  261. 10:30two days I didn't even sleep because I
  262. 10:31thought oh I'm going to forget all these
  263. 10:33these these issues. And so then I just
  264. 10:35started jotting it down because I didn't
  265. 10:36want to forget when I talked to them.
  266. 10:38But as soon as I got about seven, eight
  267. 10:40pages written, I thought, you know what,
  268. 10:42it's eight and a half months later. Look
  269. 10:44at the course we're on and it's a lot of
  270. 10:46it's because the truth is not known. I'm
  271. 10:48going to put down everything I know in
  272. 10:49here in a, you know, a comprehensive way
  273. 10:52as best as I can in two days. And then
  274. 10:54I'm going to give it to our internal
  275. 10:57affairs, the FBI's own internal affairs.
  276. 10:59Uh because I I thought this actually
  277. 11:02required a closer look and give it to
  278. 11:04the director and I also copied at the
  279. 11:07last minute the two senators that I knew
  280. 11:09were on that committee, um Feinstein and
  281. 11:13Shelby. And the only reason I I put them
  282. 11:15on, they weren't the heads of it. I put
  283. 11:16them on because I'd seen in the paper
  284. 11:18that they were asking questions. Did
  285. 11:20anybody respond to your letter? Well,
  286. 11:22the response came uh very quickly
  287. 11:25because in a day or two, I think it was
  288. 11:27about 48 hours, um someone probably in
  289. 11:31Congress shared it with CNN and with
  290. 11:34Time magazine or New York Times. And so
  291. 11:36then I then we our office got called by
  292. 11:39I think CNN initially and they said,
  293. 11:41"Oh, there's something about a memo." I
  294. 11:43went, "Oh, no, that must be the same
  295. 11:44memo." But I I myself did not take it to
  296. 11:47the press. I took it internally, you
  297. 11:50know, and what was shocking was I took
  298. 11:52this to people who are certainly got
  299. 11:54secret clearances. The people on the
  300. 11:56intelligence committees, Feinstein and
  301. 11:58Shelby, in a closed envelope, and yet
  302. 12:01the FBI afterwards classified it and was
  303. 12:04talking about firing me for taking it to
  304. 12:06people with clearances. And I was
  305. 12:08shocked about that. I mean, I was in the
  306. 12:09FBI for 21 years at this time, you know,
  307. 12:12legal counsel. And I couldn't believe
  308. 12:14that this would come to the point where
  309. 12:16they would talk about firing me for just
  310. 12:18sharing it with an intelligence
  311. 12:20committee. It's And you did speak before
  312. 12:22a Senate committee and you also uh spoke
  313. 12:25before the 9/11 commission. No, I did
  314. 12:28not speak to the 911 commission. You
  315. 12:29didn't? No. Um the they were under
  316. 12:32severe time constraints and so all of
  317. 12:35chapter 8 uh which is the system was
  318. 12:37ticking ticking uh was was a blinking
  319. 12:40red or something. The system was
  320. 12:41blinking red. That is all from Elellanar
  321. 12:44Hills and the joint intelligence
  322. 12:46committee and the IG investigation that
  323. 12:48my complaint gave rise to. So Glenn Fine
  324. 12:52in the Department of Justice did a
  325. 12:53400page sum report for two years on my
  326. 12:58letter that stemmed from my letter and
  327. 13:00that was used by the 911 commission. And
  328. 13:04uh before we go back briefly to talk
  329. 13:06about what how you were treated at the
  330. 13:08FBI after this letter, tell me about the
  331. 13:11lessons you think we should be learning
  332. 13:13from 9/11. Well, the lessons are um you
  333. 13:16know the largest lesson here is to get
  334. 13:19get to the truth quickly. The terrorists
  335. 13:22are a lot more flexible than we are.
  336. 13:24Maybe it's because they're more decisive
  337. 13:25and there's only a few of them. I don't
  338. 13:27know. They don't have a bureaucracy. I
  339. 13:28don't know. But they mess up for
  340. 13:31instance on their first attack of the
  341. 13:32World Trade Center and you know they go
  342. 13:34back at it a second time and they they
  343. 13:36if you know right now with with uh
  344. 13:39aviation you know everybody's thinking
  345. 13:41that they're going to do same the things
  346. 13:42the same way probably not the next
  347. 13:44attack will be different. We're we're
  348. 13:46slow first of all to even tell the truth
  349. 13:49about the mistake let alone then analyze
  350. 13:51why it happened and then go back to the
  351. 13:53drawing board. And I think that's our
  352. 13:55our Achilles he healed. Um the war on
  353. 13:59terror was a wrong metaphor. I think
  354. 14:01that's another problem because this
  355. 14:03wasn't a war. It should have been
  356. 14:04treated as a an effort to reduce and
  357. 14:07limit you know terrorism. But when that
  358. 14:10vacuum existed and you know it allowed
  359. 14:12the leaders at the time to come in and
  360. 14:14say oh we're going to declare war on
  361. 14:17who? What you know al Qaeda are
  362. 14:19terrorists that are scattered all over
  363. 14:20the world. But we started launching
  364. 14:22bombs on a couple of countries and we've
  365. 14:24and then of course to to have used
  366. 14:26tactics that don't even work such as
  367. 14:28torture and uh warrantless monitoring
  368. 14:31and this massive intelligence the
  369. 14:33mistakes. I mean I I talk on this topic
  370. 14:35and it's like hours just to go through
  371. 14:37the litany of things that have happened
  372. 14:39since 9/11. But it all stems back to if
  373. 14:43you had people first of all listen to
  374. 14:46people initially uh before it even
  375. 14:48happened. Uh there wasn't just the
  376. 14:50Minneapolis FBI talking about finding a
  377. 14:52terrorist. There were other things out
  378. 14:54there. Uh they had talked about bolting
  379. 14:56cockpit doors in other contexts before
  380. 14:58this. And so if they people had been
  381. 15:01listened to first, first of all, you
  382. 15:03might have prevented or at least
  383. 15:05minimized 9/11. And then second of all,
  384. 15:08when a mistake does happen and the worst
  385. 15:10does happen, then get to the truth as
  386. 15:12quickly as possible and figure out what
  387. 15:14went wrong instead of this constant
  388. 15:16suppression in order to prevent
  389. 15:18embarrassment from people, you know,
  390. 15:20being, you know, losing their they don't
  391. 15:23know if they would have lost their jobs.
  392. 15:24Every single person after 9/11 who was
  393. 15:27involved and and frankly didn't do that
  394. 15:29was promoted. And you were threatened
  395. 15:31with being fired. Well, I originally
  396. 15:34was, but the media, you know, it's a
  397. 15:35double-edged sword. But because Time
  398. 15:37magazine came out within a week or so
  399. 15:39and had my picture on the cover, the
  400. 15:42agents association, of course, who knew
  401. 15:44all this was true, backed me. Uh,
  402. 15:47Senators Grassly, Lehey, Wellstone, and
  403. 15:50Mark Dayton. We took all of these things
  404. 15:53and, you know, again, a lot of luck. I I
  405. 15:56feel kind of bad when I talk to
  406. 15:57whistleblower groups because I I am kind
  407. 15:59of a lucky one compared to so many
  408. 16:02others, you know, and I don't know how
  409. 16:03it happened that I lucked out. But I had
  410. 16:05a lot of support and it got me through
  411. 16:07that uh whistleblowing memo. Um now I
  412. 16:12kept going though because after 9/11
  413. 16:14then all these other things kept
  414. 16:16happening. So I kept speaking out and I
  415. 16:18found different ways through
  416. 16:19pre-publication review. I wrote a
  417. 16:21chapter about the war on terror and
  418. 16:23civil liberties. And there were
  419. 16:24different things I did and eventually uh
  420. 16:27and I knew I was getting close to
  421. 16:29retirement, you know, so I I thought,
  422. 16:31okay, I if I can push the envelope and
  423. 16:33you know, from an integrity standpoint,
  424. 16:36uh people often come up to me and say,
  425. 16:38thank you for what you did as if it's
  426. 16:40over. Well, I said, no, it's not over
  427. 16:42until this gets back on course. Um I I
  428. 16:45have this little button stop torture,
  429. 16:46for instance. things like that. Until it
  430. 16:48actually totally put that those evils in
  431. 16:51the Pandora box back in and we can
  432. 16:53actually say we're kind of back on
  433. 16:55course, I don't think it's over.
  434. 16:58[Music]
  435. 17:28Heat. Heat.
  436. 17:32[Music]
  437. 17:46Welcome back to Whistle Where You Work.
  438. 17:47I'm Mark Cohen and with me is Peter
  439. 17:50Nesbbit who has a very interesting story
  440. 17:53about what happens when two planes
  441. 17:56converge over an airport. Uh what's
  442. 17:59going to be done about it? Are you safe?
  443. 18:03Welcome, Peter. Thank you.
  444. 18:04Uh where are you from?
  445. 18:07Oakidge, Tennessee is where I call home.
  446. 18:09Currently living in Austin, Texas. And
  447. 18:12uh tell me about your professional
  448. 18:14background. I started off in the United
  449. 18:16States Air Force as an air traffic
  450. 18:18controller and was fortunate enough to
  451. 18:19be hired with the FAA after my tour with
  452. 18:22the Air Force and I've been with the FAA
  453. 18:24ever since. I've worked in Louisville,
  454. 18:25Kentucky, Oakland, California, Dallas,
  455. 18:28Texas, uh Memphis, and now Austin. Okay.
  456. 18:32And let me talk to you a little bit
  457. 18:33about something that happened in Memphis
  458. 18:35when you were on duty. Uh tell me about
  459. 18:38what is a goaround. A goaround uh can
  460. 18:42either be controller or pilot initiated
  461. 18:44and it's generally to avoid an unsafe
  462. 18:46situation. Could be another aircraft on
  463. 18:48the runway, a mechanical malfunction,
  464. 18:50something of that nature, but it's
  465. 18:52essentially to avoid uh a potential
  466. 18:54problem. Okay. And a potential problem
  467. 18:57would be uh potential collision in the
  468. 18:59air, crash on the ground, what it could
  469. 19:02be an aircraft crossing the runway
  470. 19:04unexpected. It could be an unsafe gear
  471. 19:05indication. Um it could be a a vehicle
  472. 19:09on the runway. Any of a number of
  473. 19:10different things. If the runway is not
  474. 19:11clear for an aircraft to land, the
  475. 19:13aircraft must execute a goaround. And
  476. 19:15how often do goarounds happen? It's a
  477. 19:18it's a fairly common thing. It does
  478. 19:19happen. And uh sometimes it's it's not
  479. 19:22an uh an unusual maneuver or an unsafe
  480. 19:24maneuver, but sometimes go-arounds do
  481. 19:26conflict with other airplanes. And and
  482. 19:28what happens when the reason for the
  483. 19:31goaround is converging airlines?
  484. 19:35Well, uh in an instance that I observed
  485. 19:37in Memphis, an aircraft executed a
  486. 19:38goaround one evening and uh there was
  487. 19:41another aircraft on approach to a
  488. 19:44converging or a converging runway. They
  489. 19:47were intersecting flight paths. And so
  490. 19:50when the first aircraft executed the
  491. 19:51go-around, it flew into the flight path
  492. 19:53of the other airplane landing on on a on
  493. 19:56a converging approach path. And um as a
  494. 20:00result of that goaround, the second
  495. 20:02aircraft was forced to be issued
  496. 20:03goaround instructions as well to avoid a
  497. 20:05collision. But the FAA doesn't really
  498. 20:06prescribe separation for goaround
  499. 20:09maneuvers like that. And that's kind of
  500. 20:11the problem. They leave it up to
  501. 20:12controllers or pilots to visually
  502. 20:15separate those airplanes. I see. So what
  503. 20:17did you do? Well, I wasn't responsible
  504. 20:20for working the airplanes involved. I
  505. 20:21was working a ground patrol position,
  506. 20:23but I was standing next to the
  507. 20:24controller that was responsible for that
  508. 20:26position. And I I saw it firsthand. And
  509. 20:30uh when it happened, when the aircraft
  510. 20:32executed the goaround, the air traffic
  511. 20:35controller was standing next to me
  512. 20:36immediately told the pilot to stay low,
  513. 20:37stay low, stay low in order to avoid the
  514. 20:40airplane that was flying overhead from
  515. 20:42right to left.
  516. 20:44And uh did you report this to anybody?
  517. 20:47Yeah, I uh I was very disturbed by it.
  518. 20:48It was the closest that I had ever seen
  519. 20:50two airplanes come to one another. So,
  520. 20:52uh when I was relieved and went
  521. 20:53downstairs on a break, I uh filed a
  522. 20:56report with the NASA aviation safety
  523. 20:58reporting system, which is uh an online
  524. 21:02anonymous reporting system for pilots,
  525. 21:04controllers, crew members, mechanics to
  526. 21:06report unsafe uh practices, incidents,
  527. 21:09or events within the aviation system.
  528. 21:11And then what happened? Uh nothing. It
  529. 21:14was it was quiet for for a few days.
  530. 21:16I uh I read about uh an NTSB runway
  531. 21:19safety forum that was coming up and I
  532. 21:21felt that this was a runway safety
  533. 21:23issue. It was an air traffic control
  534. 21:24issue. So I then reported the issue to
  535. 21:27the NTSB and asked for their assistance.
  536. 21:29NTSB is I'm sorry, the National
  537. 21:31Transportation Safety Board. They uh
  538. 21:34generally investigate uh accidents and
  539. 21:36so I felt this would be a great
  540. 21:38um a great time for them to investigate
  541. 21:41something before the accident happened.
  542. 21:44Let's let's prevent the accident. And
  543. 21:46did they?
  544. 21:47Well, it's it's my understanding. I
  545. 21:49never received an official uh
  546. 21:51verification of this, but I was told
  547. 21:54that the NTSB forwarded my complaint to
  548. 21:57the FAA and that it eventually made its
  549. 22:00way to FAA safety andor FAA oversight
  550. 22:03and an investigation was conducted at
  551. 22:05some point. And what was the effect of
  552. 22:07that investigation? Well, air traffic
  553. 22:09controllers at Memphis had been told for
  554. 22:10a number of years that there was a
  555. 22:11waiver that allowed this particular
  556. 22:14operation to exist. Uh we had asked to
  557. 22:16see the waiver on a number of instances.
  558. 22:18We're always told that the waiver was
  559. 22:20stored at another location. They
  560. 22:22couldn't provide us with an actual copy
  561. 22:23of it, but the waiver did exist. But at
  562. 22:26the end of the uh investigation by FAA
  563. 22:28safety and FA oversight, it was
  564. 22:30disclosed that a waiver did in fact not
  565. 22:32exist and that the operation was illegal
  566. 22:35and unsafe and that Memphis needed to
  567. 22:37immediately stop running this operation.
  568. 22:40So, slam dunk victory. You I suppose
  569. 22:42that you were celebrated by your
  570. 22:44supervisors, right? Not really. What
  571. 22:47happened? The the facility uh was was
  572. 22:50upset. Um, in my opinion, they were
  573. 22:52upset. I felt that they were
  574. 22:54embarrassed. They had a little egg on
  575. 22:55their face um due to this constant story
  576. 22:58of of a waiver
  577. 23:00existing. Um, there were several
  578. 23:03airlines that operated into Memphis
  579. 23:04airport that were uh upset because their
  580. 23:07the airport capacity was reduced.
  581. 23:09Instead of landing on three, excuse me,
  582. 23:12instead of landing on three runways and
  583. 23:14we could only land on two runways at a
  584. 23:16time. So it did affect uh some of the
  585. 23:19users and you know there was the
  586. 23:21question of you know safety over profit
  587. 23:23profit over safety however you want to
  588. 23:25look at it and how did they treat you?
  589. 23:27Well it was shortly after that that I
  590. 23:29was um subjected to various acts of
  591. 23:32retaliation in my opinion. I was accused
  592. 23:34of animal cruelty animal cruelty. I was
  593. 23:37accu I was accused of animal cruelty by
  594. 23:39one FAA manager. I was accused of
  595. 23:42insubordination. I was accused of being
  596. 23:44reckless at work. uh was accused of poor
  597. 23:46work performance. Uh there was just a
  598. 23:49whole series of of false accusations
  599. 23:51that I was subjected to after having
  600. 23:54worked at Memphis for almost a year to a
  601. 23:56year and a half as being a model
  602. 23:58employee and an excellent air traffic
  603. 24:00controller. But suddenly after making
  604. 24:02the safety disclosure, suddenly I was a
  605. 24:04poor performer. And so what became of
  606. 24:06all those allegations against you?
  607. 24:09After uh after dealing with this for
  608. 24:11approximately seven eight months, I
  609. 24:13finally contacted the office of special
  610. 24:14counsel. I submitted a whistleblower uh
  611. 24:17retaliation complaint package for
  612. 24:19prohibited personnel practice. Um they
  613. 24:22were very interested in the prohibited
  614. 24:24personnel practice as well as the safety
  615. 24:26disclosures and they asked me to split
  616. 24:29my case into two parts to have a PPP
  617. 24:31case as well as a safety disclosure case
  618. 24:34which I agreed to do. And then as a
  619. 24:36result of that, there were some
  620. 24:38additional safety disclosures that were
  621. 24:39made to the OSC which were uh finally
  622. 24:42investigated by the FAA. And what's the
  623. 24:45status of the prohibited personnel
  624. 24:46practices? The prohibited personnel
  625. 24:48practice case was uh was recently
  626. 24:50settled with the FAA and I was allowed
  627. 24:53to transfer away from Memphis to Austin,
  628. 24:56Texas. And is that working out for you?
  629. 24:58Yeah, it is. The people at Austin are
  630. 25:00treating me really nice and uh it's kind
  631. 25:02of nice to be back in Texas and so I'm
  632. 25:04I'm kind of hoping that the dust will
  633. 25:06settle a little bit from that and I can
  634. 25:08carry on with my career. Okay. Any
  635. 25:10regrets about having come forward.
  636. 25:13No regrets. I mean it's it's been very
  637. 25:15difficult. Um if I had it to do all over
  638. 25:17again, I'm not sure what I would do. But
  639. 25:20um And why is that?
  640. 25:22I guess it's one of those kind of things
  641. 25:23if somebody was to tell you what your
  642. 25:25life would be like if you go through a
  643. 25:28certain course of action. I think that
  644. 25:30if we knew beforehand, I think that many
  645. 25:32of us may not take those steps. And what
  646. 25:35were the worst things that happened to
  647. 25:36you? What what was the most difficult
  648. 25:39for you to deal with personally? It was
  649. 25:41uh it was just absolutely humiliating to
  650. 25:43be accused of animal cruelty. And what
  651. 25:47what what exactly was that charge?
  652. 25:50It's it's a long story, but essentially
  653. 25:52um I I took my dog to work one day uh on
  654. 25:55a day shift because the the dog was sick
  655. 25:57and the FAA would not allow me time off
  656. 25:59from work to take my dog to a veterinary
  657. 26:01clinic and it was just me. I have no
  658. 26:03family in Memphis. And
  659. 26:06um at work, I checked on the dog every
  660. 26:10hour when I was on a break. And uh one
  661. 26:12of the facility managers called the the
  662. 26:14Humane Society and just made an
  663. 26:15accusation of of animal cruelty because
  664. 26:17I had the dog in the truck in a kennel
  665. 26:19in the truck at work. And so the animal
  666. 26:21cruelty investigator came out to uh to
  667. 26:23investigate, took one look at me, took
  668. 26:25one look at the dog, realized the dog
  669. 26:27was was healthy but yet sick. And so we
  670. 26:30uh immediately went inside. He talked to
  671. 26:32the managers. I got to tell you, I've in
  672. 26:35in my line of work, I hear a lot of
  673. 26:37stories and a lot of ways of retaliating
  674. 26:39against employees who speak out about
  675. 26:41important issues. I have never before
  676. 26:44heard of somebody being charged with
  677. 26:46animal cruelty as a means of
  678. 26:48retaliation. I mean, it's ridiculous. I
  679. 26:49I I laugh about it now, but it was just
  680. 26:51it was just the beginning of a long
  681. 26:52series of acts of, you know, false um
  682. 26:55false accusations by the FAA. Um, but of
  683. 26:58course the animal cruelty investigator,
  684. 27:00he knew there was nothing up and he
  685. 27:01ordered the FAA to allow me to leave
  686. 27:03work right then and there so I could go
  687. 27:04care for my dog. Now you're part of an
  688. 27:06alliance of FAA employees. Yes. Tell me
  689. 27:09about that. Uh I recently joined a group
  690. 27:11of uh of other FA whistleblowers and uh
  691. 27:14we have formed a group called the FA
  692. 27:16whistleblower alliance and essentially
  693. 27:19it's a it's a group of FA employees who
  694. 27:21have filed uh complaints against the
  695. 27:24agency through the office of special
  696. 27:26counsel or through the department of
  697. 27:28transportation office of the inspector
  698. 27:29general. And we exist as kind of a
  699. 27:32support group for each other to uh to
  700. 27:34share stories uh to share tactics and
  701. 27:37strategies and to um just support each
  702. 27:40other as we go through this process.
  703. 27:41It's it's a lonely process and we feel
  704. 27:44that we could help each other by sharing
  705. 27:46our our background and past experiences
  706. 27:48with us. Yeah, we certainly appreciate
  707. 27:50it and appreciate the work of Peter
  708. 27:52Nesbet and his uh colleagues in in the
  709. 27:56FAA whistleblower alliance. I'm Mark
  710. 27:59Cohen and this has been where you work.
  711. 28:04[Music]

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