FBI agent Mike German is assigned to a counterterrorism case involving international militant groups. Apparently a domestic militia group in Tampa, Florida is considering allying with a major, unnamed militant Islamic organization. He becomes concerned that the investigation will fail due to “grave violations of FBI policy and possibly even grave violations of the law.” He complains to the Justice Department’s inspector general, claiming that FBI managers have falsified records, failed to properly handle evidence, falsely discredited witnesses, and failed to adhere to laws and regulations about electronic surveillance. German also sends his complaints directly to FBI Director Robert Mueller. But Mueller does not respond. Some time after German submits his complaints, he is removed from the case. “The phone just stopped ringing, and I became a persona non grata. Because I wouldn’t let this go away, I became the problem.… My entire career has been ruined, all because I thought I was doing the right thing here.” Frustrated with the bureau’s continuing mismanagement, he will retire from the FBI in 2004. [New York Times, 8/2/2004; Government Executive, 1/26/2005] German will later be exonerated in a 2005 Justice Department report investigating his charges (see December 3, 2005).
August 2, 2004: Retiring Whistleblower Criticizes FBI
FBI agent Mike German quits the FBI and becomes a whistleblower against the bureau. He claims that FBI superiors committed illegal acts to hinder his investigation into terrorism in Florida (see September 2002). He complains, “What’s so frustrating to me is that what I hear the FBI saying every day on TV when I get home, about how it’s remaking itself to fight terrorism, is not the reality of what I saw every day in the field.” He also says, “Opportunities to initiate proactive investigations that might prevent terrorist acts before they occur, which is purported to be the FBI’s number one priority, continue to be lost, yet no one is held accountable.” He cites “a continuing failure in the FBI’s counterterrorism program” which is “not the result of a lack of intelligence, but a lack of action.” [New York Times, 8/2/2004]
December 3, 2005: FBI Whistleblower Exonerated by Justice Department Report
A report by the Justice Department’s Office of the Inspector General is leaked to the New York Times. The report largely backs the allegations made by whistleblower ex-FBI agent Mike German (see September 2002 and August 2, 2004). It finds that FBI officials mishandled a terrorism investigation German was involved in, falsified documents in an effort to cover up agency mistakes, and retaliated against German. In one instance, someone altered dates on three FBI forms using correction fluid to conceal a violation of federal wiretap law. After German tried to complain directly to FBI Director Robert Mueller, other FBI agents distanced themselves from him. For instance, the head of the FBI undercover unit, Jorge Martinez, froze German out of teaching assignments and told another agent that German would “never work another undercover case.” [New York Times, 12/3/2005] Notwithstanding, German is critical of the inspector general’s report. He says the authors of the report distorted some facts and failed to fully investigate whether the investigation he was working on was a genuine terrorist conspiracy. [Government Executive, 12/12/2005]
