POGO Alert - POGO and Others Urge White House to Wrap Up OSC Investigation, July 31, 2008.

Waxman joins calls urging OSC chief to resign, CongressDaily, By Dan Friedman, July 29, 2008.
House Oversight and Government Reform Chairman Henry Waxman, D-Calif., has become the first Democratic lawmaker to call for the resignation of Scott Bloch, the embattled head of the U.S. Office of Special Counsel.

"I have concluded that OSC would be better served with new leadership and urge you to step down as the Special Counsel," Waxman wrote Bloch in a letter released Tuesday.

Bloch faces a federal probe into whether he destroyed computer files sought by investigators in an inquiry into charges he illegally retaliated against an agency whistle-blower.

Though government watchdog groups and three House Republicans have said Bloch should quit or be fired, Waxman's call may carry more weight. Groups like the Project on Government Oversight have opposed Bloch for years over his policies at OSC, which enforces federal workplace laws, arguably blunting the impact of their recent criticism.

Republicans like Oversight and Government Reform ranking member Tom Davis, R-Va., and Rep. Darrell Issa of California, have criticized Bloch's high-profile probes of alleged illegal political activity by Bush administration officials for more than a year, allowing Bloch's defenders to cast their calls for his exit as partisan. But due to his support for Bloch's investigations, Waxman has long defended Bloch, Davis has suggested.

In a July 21 letter asking Waxman to urge Bloch's resignation, Davis said, "We are approaching the point where people will have to question why the committee has turned a blind eye to Mr. Bloch's apparent transgressions when others have become targets of the committee's investigative attentions based on far less substantial claims." Waxman's letter says the recent resignation letter of OSC's top career official, James Byrne, shows OSC is struggling to do its job. …

POGO Alert - Rep. Waxman and Davis Call for Bloch's Resignation, July 28, 2008.

Pressure builds on Special Counsel chief to resign, CongressDaily, By Dan Friedman, July 18, 2008.
Scott Bloch, the embattled head of the U.S. Office of Special Counsel, faces new pressure from within and outside the agency to resign.

The FBI raided the small agency's offices and Bloch's home in May seeking evidence that he destroyed evidence sought by investigators probing charges that he retaliated against former employees.

A grand jury in Washington has subpoenaed at least 17 current and former OSC employees and heard testimony from several, according to people involved in the case.

The raid sparked quick calls for Bloch's resignation from several House Republicans, including Oversight and Government Reform ranking member Tom Davis, R-Va.,long a critic of Bloch's investigative tactics.

But OSC employees said that with the investigation sapping agency morale, many staffers are rebelling against Bloch. An employee and a nonprofit watchdog group said some federal agencies are ignoring requests from OSC investigators.

Jim Byrne, Bloch's top deputy, who agency employees speculated would become acting special counsel if Bloch stepped down, recently announced he was leaving the agency. Byrne's July 9 resignation letter to Bloch, obtained by CongressDaily, includes a scathing assessment of his former boss.

"Upon my departure, I am obligated to note that the mission, independence and very existence of the Office of Special Counsel are -- and shall remain -- at risk unless and until this agency is afforded a presidentially-appointed, senate-confirmed leader who is capable of putting OSC's mission and OSC's people ahead of political agendas and personal vendettas," Byrne wrote.

"This agency, and the people whom we serve, deserve no less," he added.

OSC is charged with enforcing federal workplace laws, including whistleblower protections, anti-discrimination statutes and the Hatch Act, a statute barring federal employees from using federal resources for partisan politics.

Byrne's resignation was cited Thursday by the nonprofit Project on Government Oversight in a letter to White House Chief of Staff Josh Bolten urging that President Bush fire Bloch. POGO and other groups that advocate for federal whistleblowers have long accused Bloch of arbitrarily dismissing whistleblower cases filed with his office to improve clearance rates.

POGO Executive Director Danielle Brian said Bloch's continued leadership of the agency puts staffers asked to provide evidence against him in the grand jury probe in "an untenable situation" while they still must report to him.

According to POGO and an OSC employee, other agencies are refusing to respond to OSC inquires due Bloch's loss of credibility.

The Treasury Department and other agencies, for example, have ignored OSC inquiries in a 15-month old probe into Hatch Act violations by Bush Administration officials, the employee said. …

Bush Shuns Advice To Fire Special Counsel, NPR.org, By Ari Shapiro, July 18, 2008.
The White House overruled a senior executive branch official who suggested firing the man in charge of representing government whistleblowers, NPR has learned.

Special Counsel Scott Bloch has been under increasing pressure from inside and outside his office to step down, but President Bush apparently has yet to ask for his resignation despite internal advice that he do so.

Clay Johnson, the deputy director for management at the Office of Management and Budget, urged the White House to dismiss Bloch, and the White House refused, according to sources familiar with the conversations. On Friday, Johnson's office denied the account. Spokeswoman Jane Lee wrote in an e-mail: "Mr. Johnson has not given or been asked for a recommendation regarding Scott Bloch." The White House did not respond to a request for comment.

People who have talked with Johnson say he is "pained" by the situation at the Office of Special Counsel.

Bloch is the subject of a federal investigation, a private lawsuit and complaints from government oversight and whistleblower groups. He is accused of ignoring claims from the government whistleblowers he is supposed to protect, retaliating against his own employees and destroying evidence in order to obstruct a federal investigation.

Bloch's deputy, James Byrne, accused Bloch in a resignation letter made public Thursday of putting "political agendas and personal vendettas" above the interests of the Special Counsel's office. And in May, dozens of FBI agents stormed Bloch's home and office in a surprise raid. A grand jury has begun hearing testimony from witnesses about whether Bloch committed obstruction of justice.

The government watchdog group Project on Government Oversight sent a letter to White House Chief of Staff Joshua Bolten and White House Counsel Fred Fielding Thursday urging the president to remove Bloch from his position, citing "a disturbing downward spiral" for the Office of Special Counsel. The group has not received a response.

The Special Counsel serves a five-year term but can be removed earlier for "malfeasance, neglect of duty or inefficiency."

Office of Special Counsel official quits in protest, Los Angeles Times,  By Tom Hamburger, July 17, 2008.
James Byrne's resignation letter tells off his boss, Scott J. Bloch, for what he calls the Bush appointee's 'political agendas and personal vendettas.'

James M. Byrne, second in command at the embattled Office of Special Counsel, resigned his post effective Saturday after leaving his boss, Scott J. Bloch, a stinging letter suggesting that Bloch's "political agendas and personal vendettas" were preventing the agency from fulfilling its mission....

His concerns about Bloch were echoed in more detail Thursday by an outside reform advocacy group, the Project on Government Oversight. The organization's executive director, Danielle Brian, wrote White House Chief of Staff Joshua B. Bolten that Byrne's departure "removes a vital barrier protecting the OSC's staff from further retaliation and intimidation by Mr. Bloch and signals a disturbing downward spiral for the agency."

Her letter said that more than 20 employees had been subpoenaed to appear before a grand jury investigating Bloch's behavior.

"It is an untenable situation that witnesses continue to be subjected to the supervision of Mr. Bloch while they are being called upon to provide evidence to the grand jury concerning his wrongdoing," she wrote.

Deputy Criticizes Office of Special Counsel Scott Bloch in Resignation Letter, July 17, 2008.

POGO's letter to White House Chief of Staff Joshua Bolten urging the removal of Scott Bloch as U.S. Special Counsel, July 17, 2008.

Creation of Detroit office is focus of OSC inquiry, Federal Times, By Gregg Carlstrom, May 19, 2008.
It's a matter of debate whether the Office of Special Counsel's Detroit field office, created in 2005, was an act of retaliation against whistleblowers - but current and former OSC employees say it has definitely been a drain on the agency's resources.

Memo Shows Frustration With Special Counsel, Washington Post, by Christopher Lee, May 11, 2008.
"This document is just the most amazing thing I've ever seen," said Beverley Lumpkin, an investigator for POGO. "He creates a special task force to deal with these high-profile and complicated investigations, and then he doesn't listen to their advice."

GOP's Davis Urges Bloch to Quit Special Counsel's Office, Washington Post, By Christopher Lee and Carrie Johnson, May 8, 2008.
"In light of the various investigations into Mr. Bloch's conduct, including the FBI probe revealed yesterday, it's hard to believe he can continue to operate effectively," Rep. Thomas M. Davis III (Va.), the top Republican on the House Oversight and Government Reform Committee, said in a statement. "It's time the OSC put this turbulent period behind it." ...

Special counsel butted heads with staff over inquiries, Associated Press, By Lara Jakes Jordan, May 7, 2008.
U.S. Special Counsel Scott Bloch repeatedly butted heads with a task force he set up to decide whether to investigate high-profile accusations of political meddling by the Bush administration, draft documents released Wednesday show.

Danielle Brian, POGO's executive director, called the document "deeply troubling new evidence of Bloch's misuse of his office."

POGO Alert - POGO Reveals Internal OSC Document Shows Bloch Misused Own Task Force, May 7, 2008.

FBI agents search special counsel's home and office, Reuters, By James Vicini and Andy Sullivan, May 6, 2008.
Agents were looking for evidence that Special Counsel Scott Bloch had obstructed the investigation and retaliated against career employees, federal law enforcement officials said.

Letter from attorney for POGO, anonymous OSC employees, and other groups urging President Bush to remove Scott Bloch over his obstruction of justice, false statements and more, April 29, 2008.

Late addition of funds boosts Special Counsel probe of White House briefings, Congress Daily, by Dan Friedman, January 7, 2008.
The Office of Special Counsel will get some financial help for its investigation into charges of illegal politicking by White House officials after Congress added $1.1 million for the probe in the omnibus spending bill signed in December by President Bush.

POGO Alert - Whistleblower groups call on President Bush to fire Special Counsel Scott Bloch in wake of revelations he destroyed evidence and obstructed investigation of his misconduct, November 28, 2007.

POGO Alert - Groups Urge Congress to Deny Funds to Discredited Special Counsel Obstruction Delaying Completion of Investigation, October 11, 2007.

Letter from Attorney representing POGO, anonymous employees and other groups about Scott Bloch’s obstruction of OPM IG investigation, October 9, 2007.

Testimony of POGO's Beth Daley before the Subcommittee of Federal Workforce, Postal Service and the District of Columbia on "Ensuring a Merit-Based Employment System: An Examination of the Merit Systems Protection Board and the Office of Special Counsel," July 12, 2007.

POGO Alert - New Probe of White House Already Foundering; Jurisdiction and Subpoena Limits Hamstring Questionable Special Counsel Gambit, April 26, 2007.

Office of Special Counsel's War On Whistleblowers, Mother Jones, By Daniel Schulman, April 24, 2007 (May/June print issue).
... Congress passed a wave of anti-retaliation measures, including the 1978 Civil Service Reform Act, which established the Office of Special Counsel, and the 1989 Whistleblower Protection Act. But today, many of these safeguards are gone or at serious risk. In 2005, the Washington-based Project on Government Oversight reported that the Whistleblower Protection Act has "suffered from a series of crippling judicial rulings [that] have rendered the Act useless, producing a dismal record of failure for whistleblowers and making the law a black hole."

POGO Alert - Who Will Blink First? White House and OSC Investigate Each Other: Bloch Must Recuse Himself, April 24, 2007.

Special Counsel Accused Of Intimidation in Probe, Washington Post, February 16, 2007, by Elizabeth Williamson.
A trouble-plagued whistle-blower investigation at the Office of Special Counsel -- whose duties include shielding federal whistle-blowers -- hit another snag this week when employees accused the special counsel of intimidation in the probe. … This week, Public Employees for Environmental Responsibility, the Project on Government Oversight, the Government Accountability Project and Human Rights Campaign and a lawyer for the OSC employees protested in a letter to legislators and to Clay Johnson III, the Office of Management and Budget deputy who ordered the OSC probe.

Report shows little progress reducing case backlog at OSC, GOVEXEC.COM, November 9, 2006, by Jenny Mandel.
A federal agency that handles complaints of improper personnel actions made little headway in reducing its case backlog, despite an intensive year-long attempt to do so, according to a report released Tuesday. … A group of anonymous OSC employees, as well as PEER, GAP and the Project on Government Oversight, have filed a complaint against Bloch alleging numerous prohibited personnel practices including discrimination, retaliation and political bias.

U.S. Special Counsel Scott Bloch Issues Inappropriate Fashion Advice. To learn more read POGO’s Blog entry or The Washington Post, September 7, 2006.

On Government Back Lot, Act 2 Of a Merit System Drama Opens, Washington Post, October 27, 2005.
The U.S. Office of Special Counsel traditionally has been a low-profile corner of the bureaucracy where whistle-blowers and other federal employees can seek protection against unfair treatment.

Announcement that Office of Personnel Management Inspector General will investigate Office of Special Counsel, October 20, 2005.

OPM investigator launches probe of Office of Special Counsel chief, Govexec.com, October 19, 2005.
The Office of Personnel Management's inspector general has begun an investigation into charges that the head of the small, independent agency responsible for protecting federal employees against prohibited personnel practices, including retaliation, improperly retaliated against his own employees. read this article »

Letter from Attorney representing OSC employees, POGO and others expressing concerns about how investigation will be handled, October 18, 2005.

Letter from Office of Personnel Management indicating that an investigation has been opened in response to complaint filed by POGO, OSC employees and others, October 17, 2005.

Attorney for OSC Staff, POGO and Others Urges Investigation be Opened, October 12, 2005.

Representatives John Conyers and Barney Frank request a Government Accountability Office investigation into the Office of Special Counsel, July 28, 2005.

Log Cabin Republicans Call on President Bush to fire OSC head Scott Bloch, June, 2005. Follow the link to write a letter to President Bush.

Letter from POGO to Senate Disputing Office of Special Counsel Testimony, May 31, 2005.

In May, the Senate held oversight hearings on the Office of Special Counsel which featured many of the concerns raised by POGO and others. The hearing, “Safeguarding the Merit System: A Review of the U.S. Office of Special Counsel,” was held by Senate Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia, May 24, 2005.

Special Counsel Answers Critics: Ahead of Hearing Today, Bloch Claims Progress in Case Backlog, Washington Post, May 24, 2005.
In a new report, Scott J. Bloch touts his efforts to reduce a chronic backlog at the Office of Special Counsel and attempts to refute criticism that the agency he leads does too little to help civil servants who disclose waste, fraud and abuse.

POGO Alert - FBI to Investigate Whistleblower Protection Agency: New Complaint Charges Partisanship in Enforcement of Hatch Act, March 31, 2005.

Amended Complaint filed by POGO and others alleging the Special Counsel violated personnel rules, March 31, 2005.

Agency's Reorganization Results in Accusations, Employees Leaving, Washington Post, March 18, 2005.
A contentious reorganization has snarled operations at the Office of Special Counsel, the independent agency created by Congress to protect workplace rights of federal employees.

Federal Whistleblower Office Faces Criticism, National Public Radio, March 10, 2005.
The Office of Special Counsel, which offers federal whistleblowers protection from retaliation, is now the target of a complaint.

Letter from Representative Christopher Shays to U.S. Special Counsel Scott Bloch concerning the complaint filed by anonymous OSC employees, POGO, PEER and GAP. March 9, 2005 .

Letter from Senate Homeland Security and Governmental Affairs Committee Chairman Susan Collins and Ranking Member Joseph Lieberman; and Subcommittee on Oversight of Government Management, the Federal Workforce and the District of Columbia Chairman George Voinovich and Ranking Member Daniel Akaka to U.S. Special Counsel Bloch. March 7, 2005 .

POGO Alert - Whistleblower Staff Blow the Whistle on Special Counsel, March 3, 2005.

Complaint filed by POGO and others alleging the Special Counsel violated personnel rules, March 3, 2005.

Exhibits for the Complaint, March 3, 2005.


Letter from Office of Special Counsel staff to Congress, January 13, 2005.

Additional Resources

For more information, see Public Employees for Environmental Responsibility’s web site.