Whistle Where You Work #19 - FBI Whistleblower Coleen Rowley, Air Traffic Controller Whistleblower — Transcript
Full transcript
- 0:00[Music]
- 0:30Today we're talking with Colleen Rally,
- 0:33the FBI agent who blew the lid off of
- 0:36the preparations or the lack thereof by
- 0:40the United States government in planning
- 0:42for the 911 attacks. Welcome, Colleen,
- 0:45to Whistle, where you work. Well, thanks
- 0:47for having me.
- 0:49Colleen, where did you grow up? Iowa in
- 0:52a small farm town. And tell me about
- 0:54your educational background. Went to
- 0:56college. I majored in French. I went on
- 0:58to law school, graduated from the
- 1:00University of Iowa law school, and then
- 1:02pretty quickly joined the FBI, which was
- 1:05had been my goal all along since about
- 1:07fifth grade. And And when did you do
- 1:10that? I joined the FBI in January of
- 1:141981. And I um then I was assigned to
- 1:17Jackson, Mississippi, uh Omaha, and
- 1:20eventually New York City, where I worked
- 1:22on mafia cases for six and a half years.
- 1:25And then in 1990, I got transferred to
- 1:27Minneapolis where I became the legal
- 1:30counsel for the office. And that a lot
- 1:32of different hats, freedom of
- 1:33information and victim witness, but
- 1:35mostly I taught FBI agents,
- 1:37constitutional law.
- 1:40And when did you first become aware of
- 1:42Zacharias Misawi? I got called at night.
- 1:45Uh woke me up. Actually, didn't wake me
- 1:47up, but I was already in bed about 9:00.
- 1:49That's very unusual for agents to call
- 1:51me at home at the time. maybe only
- 1:52happened a couple of times in my whole
- 1:54career. And what year are we talking
- 1:55about here? This would have been um
- 1:57August I think 16th of 2001 and they had
- 2:02just taken him into custody and I the
- 2:04supervisor at the time acting supervisor
- 2:06gave me some short facts and um actually
- 2:09he said you know I think we really have
- 2:11something here and of course I said yes
- 2:12my goodness but at the time there were
- 2:15questions about whether they could go
- 2:17any further on the searching. What had
- 2:19triggered the agents interest in him?
- 2:21They had been called from the flight
- 2:22school in Egan uh because the two
- 2:25different police the the uh instructors
- 2:28the flight instructors were extremely
- 2:30suspicious and a lot of people know that
- 2:32you know it's one fact but no it was a
- 2:33lot of reasons he had paid in cash and
- 2:36he had made up excuses for why he wanted
- 2:38to fly the uh learn to fly. Um it a lot
- 2:42of this now is revealed in chapter 8 of
- 2:45the 911 commission report. In August
- 2:482001, Msawe was detained by immigration
- 2:51officials, wasn't he? Well, that No,
- 2:53that was what he was detained by was the
- 2:55joint terrorism task force that night
- 2:58that they called me. Gotcha. And that
- 3:00included INS and that gave the reason
- 3:03because his uh visa had expired. So, in
- 3:06a way, he was detained because of the
- 3:07expired visa, but that was not the
- 3:09reason. He was detained. you know, they
- 3:11were afraid that he had the trappings
- 3:14and the markings of a dangerous uh you
- 3:16know, person and certainly indications
- 3:18that he was a you know, could could be a
- 3:20terrorist suspect. And so what did you
- 3:21do with this information? Well, they
- 3:23were asking me what they could do in
- 3:25terms of searching and the law at the
- 3:26time, now I've come under some criticism
- 3:28for not saying go ahead, it's an
- 3:30emergency. Now, this would have been
- 3:31August 16th, the first time I get the
- 3:33call and the law at the time is to play
- 3:35it safer and seek a warrant. And then
- 3:37you are uh you are then have to consider
- 3:41whether it should be a criminal warrant
- 3:43or under the foreign intelligence
- 3:45surveillance act the intelligence world.
- 3:47And before 9/11 there were all kinds of
- 3:50issues with the wall that separated the
- 3:53intelligence from the criminal. Uh at
- 3:55the time we decided it wasn't just
- 3:57myself also FBI headquarters that the
- 4:00better route was to attempt to get a
- 4:02FISA warrant through the intelligence u
- 4:05for a lot of reasons. And so the agents
- 4:07then set about doing that. They put the
- 4:09facts down and within a couple of days
- 4:10they worked really around the clock.
- 4:12They had a real many paged uh draft
- 4:16declaration of facts that they sent to
- 4:18our headquarters to get an emergency not
- 4:20just a FISA but an emergency FISA. And
- 4:23when was this? Uh well August 16th to I
- 4:27think 18th. So some right right around
- 4:29the 18th at these facts or 19th
- 4:31somewhere in there that they would have
- 4:33gotten them. The same time that they
- 4:35sent a draft declaration, they also sent
- 4:37out leads to uh uh both uh Great Britain
- 4:40and France for uh doing background, the
- 4:44agents, you know, really did everything
- 4:46just very timely and very uh very
- 4:49astute. They were very astute. You just
- 4:51can't, you know, praise their work more.
- 4:53As well as the flight instructors, I
- 4:56should mention that the real
- 4:57whistleblowers initially were the flight
- 4:58instructors who called the FBI. They
- 5:00went against their bosses. So when you
- 5:02when you mix the government and the
- 5:04private, this story really is a great uh
- 5:07great example of where private
- 5:09whistleblowers need protection because
- 5:10they went against their um their bosses
- 5:13who of course Usawi was a paying
- 5:15customer and a cash paying customer at
- 5:18that and and flight schools have lost
- 5:20that those customers. In fact, I think
- 5:22this flight school's gone out of
- 5:23business. So you can see how uh
- 5:26everybody along here did the right thing
- 5:28up until Now that's what I wanted to get
- 5:30to. What did headquarters do with the
- 5:32information you sent them? Well, again,
- 5:34you you had this mixture of human error
- 5:36and and not really doing some some
- 5:39mistakes and wrong things as well as a
- 5:41misunderstanding of the law. The wall
- 5:43had grown so high that turns out later
- 5:46uh court of FISA court of appeals says
- 5:48that was never correct understanding of
- 5:50the law. But at the time the people at
- 5:52headquarters believed that it the
- 5:55probable cause was not there. uh the 911
- 5:58commission report. It's kind of hard to
- 6:00talk about what they understood unless
- 6:01you te tell about what what the mistakes
- 6:03were. One of the mistakes that the 911
- 6:06commission report found out was that
- 6:08they didn't understand that the fact
- 6:10that Mousawi was working for the
- 6:12Cetchians that was a foreign group. When
- 6:15you go to the FISA court, you have to
- 6:17say that you're working on behalf of a
- 6:19foreign power or a or a terrorist group.
- 6:22and our headquarters people didn't
- 6:24recognize that the Chetchins could have
- 6:26been um described as a foreign power or
- 6:29a foreign terrorist group. That was one
- 6:31mistake. There was another more
- 6:33mistakes. One other mistake that's
- 6:35really never been talked about much is
- 6:37that the legal person in the FBI, the
- 6:39unit chief, never read the the um
- 6:43declaration. Uh Grassly in the What
- 6:46would they have learned had they read
- 6:48it? Yeah.
- 6:49uh it these these facts again it's
- 6:52multi-page declaration and I won't be
- 6:53able to recite all of them but um there
- 6:56were such things as paying in cash and
- 6:58when the suspicious flight instructor
- 7:00questioned him about being u uh Islam or
- 7:04whatever Mousawi had had said things
- 7:06that that didn't make sense um there
- 7:09were he did have certain interest in
- 7:12parts of the plane that were weird his
- 7:14background in being a private pilot made
- 7:17no sense what What the sum of it was
- 7:20that the flight instructor and again you
- 7:22have to you have to um rely on an expert
- 7:26like that in the field. If you're an FBI
- 7:27agent and he's a flight instructor who's
- 7:29taught for 20 years and he says to you,
- 7:32"Yes, this is one of the most suspicious
- 7:34students I've ever had or the most
- 7:36suspicious." No, that counts for a lot
- 7:39because I'm an FBI agent. How would I
- 7:41know what what is suspicious? But you
- 7:43are the flight instructor and it wasn't
- 7:45just one. Okay, so all of these things
- 7:47in total probable cause under the under
- 7:50this case law of gates and stuff is that
- 7:52you look at all the facts together. Now
- 7:55when the draft declaration went into
- 7:57headquarters, the another mistake was
- 7:59that the person at headquarters rewrote
- 8:01portions of it. Um and and of course I
- 8:04was in tune to that because our FBI
- 8:06laboratory uh Frederick Whitehurst that
- 8:09was something he pointed to when his
- 8:11scientific reports would get slightly
- 8:13arandized or slightly changed and that's
- 8:16not right. If you do uh your report you
- 8:18know and it's my science report so your
- 8:20boss is going to rewrite a few words.
- 8:22Well this draft declaration that
- 8:24happened the person at headquarters was
- 8:26changed three or four things. So all of
- 8:29this led to the thing and the fact that
- 8:32the unit chief did not read it was
- 8:34another huge uh problem. You can imagine
- 8:37how can you say it's not probable cause.
- 8:38What what if he went into a judge and he
- 8:41you to sign something and later out
- 8:43later on found he hadn't read it. I mean
- 8:44that that's how bad this was. So um
- 8:47after 911 of course then nobody was
- 8:49revealing these very human errors and we
- 8:52know the rest of the story because when
- 8:54the truth did not come out after 911
- 8:56about some of these things. What
- 8:58happened? What rushes in to fit uh fill
- 9:00a vacuum? The wrong approaches rounding
- 9:03up immigrants. You know, very quickly
- 9:05after 9/11, they instituted the harsh
- 9:07interrogation tactics. Was that a
- 9:09problem? I mean, come on. I mean, the uh
- 9:12it's just there was just a whole number
- 9:14of things and that's the reason why
- 9:16truth is really a key thing and
- 9:18especially in in a national security
- 9:20environment. In 2002, you wrote to FBI
- 9:23Director Robert Mueller a letter and you
- 9:26said that you were concerned at the time
- 9:28that the agency was misrepresenting some
- 9:31of the facts surrounding what had
- 9:34happened uh in the run-up to 9/11. Uh
- 9:37what motivated you to write this letter?
- 9:39Well, at that time they had um they had
- 9:43started a joint intelligence uh
- 9:45committee uh inquiry under a Pentagon
- 9:48analyst, Ellener Hill, and there were
- 9:50staff and and we were all being called.
- 9:52Uh it was kind of surprising I was even
- 9:55called to come back. The reason I was
- 9:57called is because this legal issue of
- 9:59probable cause kind of figured in. I
- 10:01think that was the reason I got called.
- 10:03But also in that interim they had uh a
- 10:07timetable of events had been uh set to
- 10:10paper and the timetable left out some of
- 10:13the more embarrassing facts like this
- 10:15this this great example is did you read
- 10:17the affidavit that you'll not find that
- 10:18in the t timet and yet other things that
- 10:21kind of backed up there's no probable
- 10:23cause there's nothing we could have done
- 10:25that was in there so when I got that
- 10:28call I it was a long story but for like
- 10:30two days I didn't even sleep because I
- 10:31thought oh I'm going to forget all these
- 10:33these these issues. And so then I just
- 10:35started jotting it down because I didn't
- 10:36want to forget when I talked to them.
- 10:38But as soon as I got about seven, eight
- 10:40pages written, I thought, you know what,
- 10:42it's eight and a half months later. Look
- 10:44at the course we're on and it's a lot of
- 10:46it's because the truth is not known. I'm
- 10:48going to put down everything I know in
- 10:49here in a, you know, a comprehensive way
- 10:52as best as I can in two days. And then
- 10:54I'm going to give it to our internal
- 10:57affairs, the FBI's own internal affairs.
- 10:59Uh because I I thought this actually
- 11:02required a closer look and give it to
- 11:04the director and I also copied at the
- 11:07last minute the two senators that I knew
- 11:09were on that committee, um Feinstein and
- 11:13Shelby. And the only reason I I put them
- 11:15on, they weren't the heads of it. I put
- 11:16them on because I'd seen in the paper
- 11:18that they were asking questions. Did
- 11:20anybody respond to your letter? Well,
- 11:22the response came uh very quickly
- 11:25because in a day or two, I think it was
- 11:27about 48 hours, um someone probably in
- 11:31Congress shared it with CNN and with
- 11:34Time magazine or New York Times. And so
- 11:36then I then we our office got called by
- 11:39I think CNN initially and they said,
- 11:41"Oh, there's something about a memo." I
- 11:43went, "Oh, no, that must be the same
- 11:44memo." But I I myself did not take it to
- 11:47the press. I took it internally, you
- 11:50know, and what was shocking was I took
- 11:52this to people who are certainly got
- 11:54secret clearances. The people on the
- 11:56intelligence committees, Feinstein and
- 11:58Shelby, in a closed envelope, and yet
- 12:01the FBI afterwards classified it and was
- 12:04talking about firing me for taking it to
- 12:06people with clearances. And I was
- 12:08shocked about that. I mean, I was in the
- 12:09FBI for 21 years at this time, you know,
- 12:12legal counsel. And I couldn't believe
- 12:14that this would come to the point where
- 12:16they would talk about firing me for just
- 12:18sharing it with an intelligence
- 12:20committee. It's And you did speak before
- 12:22a Senate committee and you also uh spoke
- 12:25before the 9/11 commission. No, I did
- 12:28not speak to the 911 commission. You
- 12:29didn't? No. Um the they were under
- 12:32severe time constraints and so all of
- 12:35chapter 8 uh which is the system was
- 12:37ticking ticking uh was was a blinking
- 12:40red or something. The system was
- 12:41blinking red. That is all from Elellanar
- 12:44Hills and the joint intelligence
- 12:46committee and the IG investigation that
- 12:48my complaint gave rise to. So Glenn Fine
- 12:52in the Department of Justice did a
- 12:53400page sum report for two years on my
- 12:58letter that stemmed from my letter and
- 13:00that was used by the 911 commission. And
- 13:04uh before we go back briefly to talk
- 13:06about what how you were treated at the
- 13:08FBI after this letter, tell me about the
- 13:11lessons you think we should be learning
- 13:13from 9/11. Well, the lessons are um you
- 13:16know the largest lesson here is to get
- 13:19get to the truth quickly. The terrorists
- 13:22are a lot more flexible than we are.
- 13:24Maybe it's because they're more decisive
- 13:25and there's only a few of them. I don't
- 13:27know. They don't have a bureaucracy. I
- 13:28don't know. But they mess up for
- 13:31instance on their first attack of the
- 13:32World Trade Center and you know they go
- 13:34back at it a second time and they they
- 13:36if you know right now with with uh
- 13:39aviation you know everybody's thinking
- 13:41that they're going to do same the things
- 13:42the same way probably not the next
- 13:44attack will be different. We're we're
- 13:46slow first of all to even tell the truth
- 13:49about the mistake let alone then analyze
- 13:51why it happened and then go back to the
- 13:53drawing board. And I think that's our
- 13:55our Achilles he healed. Um the war on
- 13:59terror was a wrong metaphor. I think
- 14:01that's another problem because this
- 14:03wasn't a war. It should have been
- 14:04treated as a an effort to reduce and
- 14:07limit you know terrorism. But when that
- 14:10vacuum existed and you know it allowed
- 14:12the leaders at the time to come in and
- 14:14say oh we're going to declare war on
- 14:17who? What you know al Qaeda are
- 14:19terrorists that are scattered all over
- 14:20the world. But we started launching
- 14:22bombs on a couple of countries and we've
- 14:24and then of course to to have used
- 14:26tactics that don't even work such as
- 14:28torture and uh warrantless monitoring
- 14:31and this massive intelligence the
- 14:33mistakes. I mean I I talk on this topic
- 14:35and it's like hours just to go through
- 14:37the litany of things that have happened
- 14:39since 9/11. But it all stems back to if
- 14:43you had people first of all listen to
- 14:46people initially uh before it even
- 14:48happened. Uh there wasn't just the
- 14:50Minneapolis FBI talking about finding a
- 14:52terrorist. There were other things out
- 14:54there. Uh they had talked about bolting
- 14:56cockpit doors in other contexts before
- 14:58this. And so if they people had been
- 15:01listened to first, first of all, you
- 15:03might have prevented or at least
- 15:05minimized 9/11. And then second of all,
- 15:08when a mistake does happen and the worst
- 15:10does happen, then get to the truth as
- 15:12quickly as possible and figure out what
- 15:14went wrong instead of this constant
- 15:16suppression in order to prevent
- 15:18embarrassment from people, you know,
- 15:20being, you know, losing their they don't
- 15:23know if they would have lost their jobs.
- 15:24Every single person after 9/11 who was
- 15:27involved and and frankly didn't do that
- 15:29was promoted. And you were threatened
- 15:31with being fired. Well, I originally
- 15:34was, but the media, you know, it's a
- 15:35double-edged sword. But because Time
- 15:37magazine came out within a week or so
- 15:39and had my picture on the cover, the
- 15:42agents association, of course, who knew
- 15:44all this was true, backed me. Uh,
- 15:47Senators Grassly, Lehey, Wellstone, and
- 15:50Mark Dayton. We took all of these things
- 15:53and, you know, again, a lot of luck. I I
- 15:56feel kind of bad when I talk to
- 15:57whistleblower groups because I I am kind
- 15:59of a lucky one compared to so many
- 16:02others, you know, and I don't know how
- 16:03it happened that I lucked out. But I had
- 16:05a lot of support and it got me through
- 16:07that uh whistleblowing memo. Um now I
- 16:12kept going though because after 9/11
- 16:14then all these other things kept
- 16:16happening. So I kept speaking out and I
- 16:18found different ways through
- 16:19pre-publication review. I wrote a
- 16:21chapter about the war on terror and
- 16:23civil liberties. And there were
- 16:24different things I did and eventually uh
- 16:27and I knew I was getting close to
- 16:29retirement, you know, so I I thought,
- 16:31okay, I if I can push the envelope and
- 16:33you know, from an integrity standpoint,
- 16:36uh people often come up to me and say,
- 16:38thank you for what you did as if it's
- 16:40over. Well, I said, no, it's not over
- 16:42until this gets back on course. Um I I
- 16:45have this little button stop torture,
- 16:46for instance. things like that. Until it
- 16:48actually totally put that those evils in
- 16:51the Pandora box back in and we can
- 16:53actually say we're kind of back on
- 16:55course, I don't think it's over.
- 16:58[Music]
- 17:28Heat. Heat.
- 17:32[Music]
- 17:46Welcome back to Whistle Where You Work.
- 17:47I'm Mark Cohen and with me is Peter
- 17:50Nesbbit who has a very interesting story
- 17:53about what happens when two planes
- 17:56converge over an airport. Uh what's
- 17:59going to be done about it? Are you safe?
- 18:03Welcome, Peter. Thank you.
- 18:04Uh where are you from?
- 18:07Oakidge, Tennessee is where I call home.
- 18:09Currently living in Austin, Texas. And
- 18:12uh tell me about your professional
- 18:14background. I started off in the United
- 18:16States Air Force as an air traffic
- 18:18controller and was fortunate enough to
- 18:19be hired with the FAA after my tour with
- 18:22the Air Force and I've been with the FAA
- 18:24ever since. I've worked in Louisville,
- 18:25Kentucky, Oakland, California, Dallas,
- 18:28Texas, uh Memphis, and now Austin. Okay.
- 18:32And let me talk to you a little bit
- 18:33about something that happened in Memphis
- 18:35when you were on duty. Uh tell me about
- 18:38what is a goaround. A goaround uh can
- 18:42either be controller or pilot initiated
- 18:44and it's generally to avoid an unsafe
- 18:46situation. Could be another aircraft on
- 18:48the runway, a mechanical malfunction,
- 18:50something of that nature, but it's
- 18:52essentially to avoid uh a potential
- 18:54problem. Okay. And a potential problem
- 18:57would be uh potential collision in the
- 18:59air, crash on the ground, what it could
- 19:02be an aircraft crossing the runway
- 19:04unexpected. It could be an unsafe gear
- 19:05indication. Um it could be a a vehicle
- 19:09on the runway. Any of a number of
- 19:10different things. If the runway is not
- 19:11clear for an aircraft to land, the
- 19:13aircraft must execute a goaround. And
- 19:15how often do goarounds happen? It's a
- 19:18it's a fairly common thing. It does
- 19:19happen. And uh sometimes it's it's not
- 19:22an uh an unusual maneuver or an unsafe
- 19:24maneuver, but sometimes go-arounds do
- 19:26conflict with other airplanes. And and
- 19:28what happens when the reason for the
- 19:31goaround is converging airlines?
- 19:35Well, uh in an instance that I observed
- 19:37in Memphis, an aircraft executed a
- 19:38goaround one evening and uh there was
- 19:41another aircraft on approach to a
- 19:44converging or a converging runway. They
- 19:47were intersecting flight paths. And so
- 19:50when the first aircraft executed the
- 19:51go-around, it flew into the flight path
- 19:53of the other airplane landing on on a on
- 19:56a converging approach path. And um as a
- 20:00result of that goaround, the second
- 20:02aircraft was forced to be issued
- 20:03goaround instructions as well to avoid a
- 20:05collision. But the FAA doesn't really
- 20:06prescribe separation for goaround
- 20:09maneuvers like that. And that's kind of
- 20:11the problem. They leave it up to
- 20:12controllers or pilots to visually
- 20:15separate those airplanes. I see. So what
- 20:17did you do? Well, I wasn't responsible
- 20:20for working the airplanes involved. I
- 20:21was working a ground patrol position,
- 20:23but I was standing next to the
- 20:24controller that was responsible for that
- 20:26position. And I I saw it firsthand. And
- 20:30uh when it happened, when the aircraft
- 20:32executed the goaround, the air traffic
- 20:35controller was standing next to me
- 20:36immediately told the pilot to stay low,
- 20:37stay low, stay low in order to avoid the
- 20:40airplane that was flying overhead from
- 20:42right to left.
- 20:44And uh did you report this to anybody?
- 20:47Yeah, I uh I was very disturbed by it.
- 20:48It was the closest that I had ever seen
- 20:50two airplanes come to one another. So,
- 20:52uh when I was relieved and went
- 20:53downstairs on a break, I uh filed a
- 20:56report with the NASA aviation safety
- 20:58reporting system, which is uh an online
- 21:02anonymous reporting system for pilots,
- 21:04controllers, crew members, mechanics to
- 21:06report unsafe uh practices, incidents,
- 21:09or events within the aviation system.
- 21:11And then what happened? Uh nothing. It
- 21:14was it was quiet for for a few days.
- 21:16I uh I read about uh an NTSB runway
- 21:19safety forum that was coming up and I
- 21:21felt that this was a runway safety
- 21:23issue. It was an air traffic control
- 21:24issue. So I then reported the issue to
- 21:27the NTSB and asked for their assistance.
- 21:29NTSB is I'm sorry, the National
- 21:31Transportation Safety Board. They uh
- 21:34generally investigate uh accidents and
- 21:36so I felt this would be a great
- 21:38um a great time for them to investigate
- 21:41something before the accident happened.
- 21:44Let's let's prevent the accident. And
- 21:46did they?
- 21:47Well, it's it's my understanding. I
- 21:49never received an official uh
- 21:51verification of this, but I was told
- 21:54that the NTSB forwarded my complaint to
- 21:57the FAA and that it eventually made its
- 22:00way to FAA safety andor FAA oversight
- 22:03and an investigation was conducted at
- 22:05some point. And what was the effect of
- 22:07that investigation? Well, air traffic
- 22:09controllers at Memphis had been told for
- 22:10a number of years that there was a
- 22:11waiver that allowed this particular
- 22:14operation to exist. Uh we had asked to
- 22:16see the waiver on a number of instances.
- 22:18We're always told that the waiver was
- 22:20stored at another location. They
- 22:22couldn't provide us with an actual copy
- 22:23of it, but the waiver did exist. But at
- 22:26the end of the uh investigation by FAA
- 22:28safety and FA oversight, it was
- 22:30disclosed that a waiver did in fact not
- 22:32exist and that the operation was illegal
- 22:35and unsafe and that Memphis needed to
- 22:37immediately stop running this operation.
- 22:40So, slam dunk victory. You I suppose
- 22:42that you were celebrated by your
- 22:44supervisors, right? Not really. What
- 22:47happened? The the facility uh was was
- 22:50upset. Um, in my opinion, they were
- 22:52upset. I felt that they were
- 22:54embarrassed. They had a little egg on
- 22:55their face um due to this constant story
- 22:58of of a waiver
- 23:00existing. Um, there were several
- 23:03airlines that operated into Memphis
- 23:04airport that were uh upset because their
- 23:07the airport capacity was reduced.
- 23:09Instead of landing on three, excuse me,
- 23:12instead of landing on three runways and
- 23:14we could only land on two runways at a
- 23:16time. So it did affect uh some of the
- 23:19users and you know there was the
- 23:21question of you know safety over profit
- 23:23profit over safety however you want to
- 23:25look at it and how did they treat you?
- 23:27Well it was shortly after that that I
- 23:29was um subjected to various acts of
- 23:32retaliation in my opinion. I was accused
- 23:34of animal cruelty animal cruelty. I was
- 23:37accu I was accused of animal cruelty by
- 23:39one FAA manager. I was accused of
- 23:42insubordination. I was accused of being
- 23:44reckless at work. uh was accused of poor
- 23:46work performance. Uh there was just a
- 23:49whole series of of false accusations
- 23:51that I was subjected to after having
- 23:54worked at Memphis for almost a year to a
- 23:56year and a half as being a model
- 23:58employee and an excellent air traffic
- 24:00controller. But suddenly after making
- 24:02the safety disclosure, suddenly I was a
- 24:04poor performer. And so what became of
- 24:06all those allegations against you?
- 24:09After uh after dealing with this for
- 24:11approximately seven eight months, I
- 24:13finally contacted the office of special
- 24:14counsel. I submitted a whistleblower uh
- 24:17retaliation complaint package for
- 24:19prohibited personnel practice. Um they
- 24:22were very interested in the prohibited
- 24:24personnel practice as well as the safety
- 24:26disclosures and they asked me to split
- 24:29my case into two parts to have a PPP
- 24:31case as well as a safety disclosure case
- 24:34which I agreed to do. And then as a
- 24:36result of that, there were some
- 24:38additional safety disclosures that were
- 24:39made to the OSC which were uh finally
- 24:42investigated by the FAA. And what's the
- 24:45status of the prohibited personnel
- 24:46practices? The prohibited personnel
- 24:48practice case was uh was recently
- 24:50settled with the FAA and I was allowed
- 24:53to transfer away from Memphis to Austin,
- 24:56Texas. And is that working out for you?
- 24:58Yeah, it is. The people at Austin are
- 25:00treating me really nice and uh it's kind
- 25:02of nice to be back in Texas and so I'm
- 25:04I'm kind of hoping that the dust will
- 25:06settle a little bit from that and I can
- 25:08carry on with my career. Okay. Any
- 25:10regrets about having come forward.
- 25:13No regrets. I mean it's it's been very
- 25:15difficult. Um if I had it to do all over
- 25:17again, I'm not sure what I would do. But
- 25:20um And why is that?
- 25:22I guess it's one of those kind of things
- 25:23if somebody was to tell you what your
- 25:25life would be like if you go through a
- 25:28certain course of action. I think that
- 25:30if we knew beforehand, I think that many
- 25:32of us may not take those steps. And what
- 25:35were the worst things that happened to
- 25:36you? What what was the most difficult
- 25:39for you to deal with personally? It was
- 25:41uh it was just absolutely humiliating to
- 25:43be accused of animal cruelty. And what
- 25:47what what exactly was that charge?
- 25:50It's it's a long story, but essentially
- 25:52um I I took my dog to work one day uh on
- 25:55a day shift because the the dog was sick
- 25:57and the FAA would not allow me time off
- 25:59from work to take my dog to a veterinary
- 26:01clinic and it was just me. I have no
- 26:03family in Memphis. And
- 26:06um at work, I checked on the dog every
- 26:10hour when I was on a break. And uh one
- 26:12of the facility managers called the the
- 26:14Humane Society and just made an
- 26:15accusation of of animal cruelty because
- 26:17I had the dog in the truck in a kennel
- 26:19in the truck at work. And so the animal
- 26:21cruelty investigator came out to uh to
- 26:23investigate, took one look at me, took
- 26:25one look at the dog, realized the dog
- 26:27was was healthy but yet sick. And so we
- 26:30uh immediately went inside. He talked to
- 26:32the managers. I got to tell you, I've in
- 26:35in my line of work, I hear a lot of
- 26:37stories and a lot of ways of retaliating
- 26:39against employees who speak out about
- 26:41important issues. I have never before
- 26:44heard of somebody being charged with
- 26:46animal cruelty as a means of
- 26:48retaliation. I mean, it's ridiculous. I
- 26:49I I laugh about it now, but it was just
- 26:51it was just the beginning of a long
- 26:52series of acts of, you know, false um
- 26:55false accusations by the FAA. Um, but of
- 26:58course the animal cruelty investigator,
- 27:00he knew there was nothing up and he
- 27:01ordered the FAA to allow me to leave
- 27:03work right then and there so I could go
- 27:04care for my dog. Now you're part of an
- 27:06alliance of FAA employees. Yes. Tell me
- 27:09about that. Uh I recently joined a group
- 27:11of uh of other FA whistleblowers and uh
- 27:14we have formed a group called the FA
- 27:16whistleblower alliance and essentially
- 27:19it's a it's a group of FA employees who
- 27:21have filed uh complaints against the
- 27:24agency through the office of special
- 27:26counsel or through the department of
- 27:28transportation office of the inspector
- 27:29general. And we exist as kind of a
- 27:32support group for each other to uh to
- 27:34share stories uh to share tactics and
- 27:37strategies and to um just support each
- 27:40other as we go through this process.
- 27:41It's it's a lonely process and we feel
- 27:44that we could help each other by sharing
- 27:46our our background and past experiences
- 27:48with us. Yeah, we certainly appreciate
- 27:50it and appreciate the work of Peter
- 27:52Nesbet and his uh colleagues in in the
- 27:56FAA whistleblower alliance. I'm Mark
- 27:59Cohen and this has been where you work.
- 28:04[Music]
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