It’s almost never permissible to use emails as the basis for a retaliation against an employee, agree experts. Is FBI Investigating Iraq Inspector General?By Cliff Montgomery – Dec. 17th, 2007The FBI is looking into charges of wrongdoing by Stuart Bowen, the Bush Administration special inspector general (IG) for Iraq reconstruction, say former employees and others. If true, it would show that a lengthy administrative probe of the Iraq IG may produce criminal charges.The Bureau is investigating claims that Bowen and aides broke federal laws by perusing the email accounts of agency staffers, a number of former employees informed CongressDaily. A Virginia grand jury has even been empaneled as a part of this investigation, added the sources.Among those whose email accounts allegedly were perused is one-time Ambassador Robin Raphel, an admired career diplomat who had worked as a Bowen deputy until early 2007.Denise Burgess, a former spokesperson for the Iraq special IG’s office, also has been questioned by FBI agents about the matter, said former co-workers.There is a separate bit of evidence which suggests that these former employee claims of an FBI criminal probe are valid: Burgess apparently has filed a charge of unlawful conduct against Bowen with the U.S. Equal Employment Opportunity Commission.Bowen, who previously served as a White House lawyer, replied in a Thursday interview with CongressDaily that no one in the Iraq special IG office has been told it is the subject of an FBI investigation. Though he added that federal law prohibits him from confirming that such a probe exists, he denied having done wrong.”I am confident that this is going to amount to nothing,” Bowen said of the probe which, he claims, his office has not heard a single thing.A FBI spokeswoman also refused to comment on the investigation. But CongressDaily found four individuals who independently confirmed the existence of the Bureau probe.Since last spring, the Iraq special IG office has been the subject of an investigation begun by George W. Bush’s Council on Integrity and Efficiency–an organization consisting of inspectors general as well as other top oversight officials.That investigation has zeroed in on three charges:
- 1.) That Ginger Cruz, Bowen’s senior deputy, OK’d a false assessment of savings produced by the Iraq special IG office in records sent to the Office of Management and Budget;
- 2.) That Bowen’s office improperly paid Deloitte Consulting $200,000 for services beyond those inked out in the company’s contract; and
- 3.) That Bowen improperly spent resources on a plan to finish a book on Iraqi reconstruction.
The investigation was opened apparently after six anonymous former IG employees filed charges in early 2006, which detailed over 20 allegations against Bowen and Cruz. The investigators handling that initial case ultimately decided not to pursue a number of those charges, current Bowen staffers told CongressDaily.But the email charges arose this year, retort former IG employees. Ex-colleagues also point to the troubles of such reputable people as Patrick McKenna–a one-time criminal investigator–whom, say the former staffers, lost his job at the Bowen office in 2005 after lambasting him in emails sent to Justice Department officials.One top Bowen aide, who asked for anonymity to talk about the case, remarked to CongressDaily that government departments are allowed a broad hand in reviewing employee emails.The aide would not discuss “the specifics of any administrative investigation to look at email,” but the official did speak of the IG office’s written policy regarding email use.That policy states that by using IG office email services, staffers “imply their consent to disclosing the contents of any files or information passed through government office equipment.”But, as usual with government officials, this one has forgotten the basic rule regarding all human rights, including the right to privacy: rights are innate and “unalienable”, and as such cannot be given or granted away. An office may be able to set some basic policy regarding email oversight, but that policy cannot be absolute.Debra Katz, a partner at D.C.-based Katz, Marshall and Banks LLP, agrees. The lawyer, whose work focuses primarily on federal employment law, told CongressDaily that open-ended reviews which fish for negative information may well violate laws on federal electronic communications.And if such ill-gotten information is found, it’s almost never permissible to use it as the basis for a retaliation against an employee, agree experts.”They can’t do it for peccadillos, like whether or not [someone] is meeting their girlfriend for lunch,” quipped a former IG agency staffer, who believes emails were reviewed.”That’s probably what they [FBI agents] are looking at,” the employee added.Regardless, CongressDaily discovered that four former special IG employees, as well as another official who was not identified, stated it was their understanding that a grand jury had issued a number of subpoenas to the Iraq special IG office last month.Like what you’re reading so far? Then why not order a full year (52 issues) of thee-newsletter for only $15? A major article covering an story not being told in the Corporate Press will be delivered to your email every Monday morning for a full year, for less than 30 cents an issue. Order Now!
