Hempowicz is director of public policy and Wasser is a policy attorney at the Project On Government Oversight, a nonpartisan group that investigates corruption, misconduct and conflicts of interest in the federal government.
This is the last in a series advocating for parts of legislation soon to be proposed in the House, dubbed the Protecting Our Democracy Act, designed to improve democracy's checks and balances by curbing presidential power.
Last year, while a global pandemic and the accompanying economic uncertainty ravaged the country, political corruption was ranked the second most important issue among voters. This wasn't an anomaly — the American public has ranked "political corruption" and "corrupt government officials" as one of their leading fears for the past five years.
It's clear we must strengthen the integrity of our government institutions so the public gains confidence that corrupt actors will be exposed and held accountable.
Greater protections for whistleblowers and independent government watchdogs will go a long way toward rooting out this corruption the public is so concerned about.
Whistleblowers support the system of checks and balances in our government by speaking up and reporting waste, fraud, illegalities or abuses of power that might otherwise go unnoticed and unaddressed. But they do so at great personal and professional risk.
In many instances, whistleblowers themselves become the subject of retaliatory internal or criminal investigations, monopolizing the truth-teller's resources. These investigations, as well as other forms of retaliation, have a chilling effect, preventing others from coming forward to expose wrongdoing and lending credence to fears that corrupt government officials are allowed to operate with impunity. Because of this, better protections are necessary to ensure whistleblowers are able to make their disclosures and combat corruption and abuse of power within our government.
Currently, federal whistleblowers are in a no-win situation. Most cannot access federal courts to enforce their protections. And the agency that's supposed to help protect them, the Merit Systems Protection Board, has not had any of its seats filled for more than two years — creating a backlog of more than 3,000 cases.
Further, the culture surrounding whistleblowers has created an almost reflexive response to shoot the messenger (through whistleblower retaliation) for reporting the wrongdoing rather than addressing the actual, systemic issues in the government that the whistleblower is disclosing.
To this end, the Protecting Our Democracy Act would strengthen whistleblower protections in many ways. Most importantly, it would allow whistleblowers to enforce their protections in a court in front of a jury of their peers — instead of the MSPB, a quasi-judicial agency within the executive branch.
The bill also would limit opportunities for government officials to disclose a whistleblower's identity. It would make it illegal to retaliate against whistleblowers by opening meritless investigations into their conduct. It would require administrative judges and employees who work with whistleblowers to undergo special training. And it would create a secure mechanism for intelligence community whistleblowers to provide information directly to Congress.
Strengthening whistleblower protections by enacting this legislation can help restore the check on corruption that is desperately needed within the federal government.
Inspectors general, the independent government watchdogs that investigate federal agencies and report their findings to Congress, also need stronger protections now more than ever.
The nature of their jobs is to provide independent oversight without political interference or retaliation, a fundamental difference from other political appointees nominated by the president and confirmed by the Senate. However, under current law, a president can remove IGs for any reason — as evidenced by the removals and replacements that Donald Trump carried out in response to oversight of his administration.
While the law prohibits agency heads from interfering in an IG investigation, this limitless removal authority allows any president or agency head to improperly block any effort that an IG undertakes to conduct independent oversight, by simply removing the watchdog rather than interfering in a politically sensitive inquiry. To conduct robust, apolitical oversight, IGs need independence both from the agency they are overseeing and from the president.
Congress responded to the rash of seemingly politically motivated firings of IGs during Trump's final year in office with the introduction of a handful of bills to protect them from removal as retaliation. One such proposal, which is now part of the Protecting Our Democracy Act, would require the president to have "good cause" for removal. The administration would have to provide Congress proof of the cause, require inspector general offices to report to Congress on any investigations underway at the time of a removal (to ensure those could move forward independently), and enhance congressional reporting requirements around IG vacancies. These fixes would bolster the independence of inspectors general and ensure they remain free from retaliation while providing the American taxpayers with independent oversight.
Stronger protections for whistleblowers and inspectors general would advance the bipartisan ideal that a functioning democracy relies on robust checks and balances. Whistleblowers should be able to make disclosures free from retaliation, just as IGs should be able to perform their jobs with integrity without facing political interference. These reforms would ensure that accountability and transparency remain the driving force in restoring key elements of our democracy.


















photo courtesy of Michael Varga.
An Independent Voter's Perspective on Current Political Divides
In the column, "Is Donald Trump Right?", Fulcrum Executive Editor, Hugo Balta, wrote:
For millions of Americans, President Trump’s second term isn’t a threat to democracy—it’s the fulfillment of a promise they believe was long overdue.
Is Donald Trump right?
Should the presidency serve as a force for disruption or a safeguard of preservation?
Balta invited readers to share their thoughts at newsroom@fulcrum.us.
David Levine from Portland, Oregon, shared these thoughts...
I am an independent voter who voted for Kamala Harris in the last election.
I pay very close attention to the events going on, and I try and avoid taking other people's opinions as fact, so the following writing should be looked at with that in mind:
Is Trump right? On some things, absolutely.
As to DEI, there is a strong feeling that you cannot fight racism with more racism or sexism with more sexism. Standards have to be the same across the board, and the idea that only white people can be racist is one that I think a lot of us find delusional on its face. The question is not whether we want equality in the workplace, but whether these systems are the mechanism to achieve it, despite their claims to virtue, and many of us feel they are not.
I think if the Democrats want to take back immigration as an issue then every single illegal alien no matter how they are discovered needs to be processed and sanctuary cities need to end, every single illegal alien needs to be found at that point Democrats could argue for an amnesty for those who have shown they have been Good actors for a period of time but the dynamic of simply ignoring those who break the law by coming here illegally is I think a losing issue for the Democrats, they need to bend the knee and make a deal.
I think you have to quit calling the man Hitler or a fascist because an actual fascist would simply shoot the protesters, the journalists, and anyone else who challenges him. And while he definitely has authoritarian tendencies, the Democrats are overplaying their hand using those words, and it makes them look foolish.
Most of us understand that the tariffs are a game of economic chicken, and whether it is successful or not depends on who blinks before the midterms. Still, the Democrats' continuous attacks on the man make them look disloyal to the country, not to Trump.
Referring to any group of people as marginalized is to many of us the same as referring to them as lesser, and it seems racist and insulting.
We invite you to read the opinions of other Fulrum Readers:
Trump's Policies: A Threat to Farmers and American Values
The Trump Era: A Bitter Pill for American Renewal
Federal Hill's Warning: A Baltimorean's Reflection on Leadership
Also, check out "Is Donald Trump Right?" and consider accepting Hugo's invitation to share your thoughts at newsroom@fulcrum.us.
The Fulcrum will select a range of submissions to share with readers as part of our ongoing civic dialogue.
We offer this platform for discussion and debate.