-Caveat Lector-
FBI Agent Sues To Report Misconduct
By Michael J. Sniffen
Associated Press Writer
Friday, Nov. 3, 2000; 5:56 p.m. EST
WASHINGTON A 20-year veteran FBI agent went to court Friday
seeking the right to report to President Clinton and key members
of Congress what he considers serious and criminal misconduct by
federal workers during a top secret, undercover national security
operation.
FBI Director Louis Freeh and Deputy Attorney General Eric Holder
have denied agent Joseph G. Rogoskey permission to relay his
allegations to Clinton, Secretary of State Madeleine Albright and
House and Senate committees that oversee the FBI.
In a lawsuit against the FBI and Justice Department, Rogoskey
said that as an undercover agent he "witnessed acts of serious
misconduct and violation of federal law by employees of the
federal government during the course of their employment."
FBI spokesman Bill Carter said, "We understand all the
allegations of government misconduct have long been appropriately
addressed."
Now on paid administrative leave, Rogoskey spent 12 years, 1987
through 1998, on top-secret, undercover operations involving some
of the government's deepest secrets that are accessible only to
specified people.
Rogoskey is barred from telling his lawyer, Stephen Kohn, any
details of the operation or the alleged misconduct. Kohn said he
understands only that "it doesn't involve anyone stealing money.
It involves what they were ordered and permitted by the
government to do in this operation."
Like the FBI, Holder advised Rogoskey by letter that he should
report "whistle-blower-type allegations" to internal FBI
investigators or Justice inspector general agents who "have the
appropriate security clearances."
But Kohn said, "Keeping whistle-blower allegations within the
institution that authorized the misconduct does not serve the
public interest and raises grave constitutional questions."
Rogoskey first reported his allegations to his immediate
supervisor in late 1997, "promptly upon observing them," Kohn
said. "We don't know if the FBI has fixed the problem," Kohn
said, because Rogoskey has been on leave since the summer of
1998.
Since making the allegations, the FBI has retaliated against
Rogoskey, the lawsuit said. The suit said this included an
allegation of misconduct against Rogoskey, of which FBI
investigators cleared him; efforts by superiors "to call into
question his integrity"; and recently threatening to fire him for
medical reasons if he fails a fitness for duty exam.
The FBI's Carter responded: "Any internal disciplinary or other
employment problems Mr. Rogoskey may have experienced are
completely unrelated to providing the earlier allegations."
Kohn said: "Fitness reviews are extremely intrusive. They include
psychiatric exams, interviews with his wife and examination of
his sex life."
A fitness exam was ordered of another FBI whistle-blower client
of Kohn's, Frederic Whitehurst, the FBI chemist whose allegations
led to an inspector general's finding the FBI Laboratory engaged
in sloppy science and gave biased testimony for the prosecution.
"Even though Whitehurst was found fit, the FBI tried to discredit
him with material from the fitness exam," Kohn said.
Kohn said Rogoskey has applied for workman's compensation because
two doctors concluded he suffers from post-traumatic stress
disorder caused by his work. "He has work-related injuries
because they kept him undercover too long and from the
retaliation," Kohn said.
FBI officials have said that agents who spend long periods
undercover can suffer tensions from maintaining dual
personalities.
In the lawsuit, Rogoskey asked the U.S. District Court here to
decide whether he can transmit his allegations to Clinton,
Albright and congressional oversight committees, to bar the
government from retaliation and to process his workman's
compensation claim instead of ordering a fitness review.
Because of secrecy rules, Rogoskey submitted his allegations in a
sealed envelope to the FBI's publication review clearance board
in May 1999.
The agent had no publisher, wasn't seeking compensation and did
not intend to publish the material for the general public, but
wanted permission to send it to the named officials, Kohn said.
FBI attorney Lyn Brown "denied the permission the next day by
phone and said the information in the envelope should have been
transported by armed guard." Kohn said. Freeh and Holder later
upheld that denial.
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Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF:
*Michael Spitzer* <[EMAIL PROTECTED]>
~~~~~~~~~~~~~~~
The Best Way To Destroy Enemies Is To Change Them To Friends
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