Dayton Daily News

Whistleblo­wer: 665 left FBI over misconduct in 2 decades

- By Eric Tucker and Jim Mustian

A U.S. senWASHING­TON — ator is pressing the FBI for more informatio­n after a whistleblo­wer alleged that an internal review found 665 FBI personnel have resigned or retired to avoid accountabi­lity in misconduct probes over the past two decades.

The whistleblo­wer told the office of Iowa Sen. Chuck Grassley, the top Republican on the Senate Judiciary Committee, that the Justice Department launched the review of the FBI’s disciplina­ry database in 2020 following an Associated Press investigat­ion into sexual misconduct allegation­s involv- ing at least six senior FBI officials.

The follow-up review found 665 FBI employees, including 45 senior-level officials, resigned or retired between 2004 and 2020 following a misconduct probe but before a final disciplina­ry letter could be issued, according to a letter this week from Grassley to FBI Director Christophe­r Wray and Attorney General Merrick Garland.

It was not clear how many of those cases involved sexual misconduct. Grassley’s office, which declined to make the whistleblo­wer or underlying documents avail- able to protect the person’s identity, said in its letter it was still seeking that infor- mation but also character- ized that number as possibly being in the “hundreds.”

“It’s been alleged to my office that the data involved an element of sexual misconduct, which comports with the purpose of the ... review that was done because of the Associated Press article,”

Grassley wrote in his letter that was first shared with the AP. “The committee welcomes any clarity the Justice Department is able to provide.”

Asked for its response, the FBI told AP it intended to respond to the oversight committee first. It declined to comment specifical­ly on the whistleblo­wer’s allegation or to provide its own tally of disciplina­ry cases and how many of them involved sexual misconduct.

It instead issued a state- ment saying it has a zero-tolerance policy toward sexual harassment. “The FBI looks critically at ourselves and will continue to make improvemen­ts. The bottom line is, employees who com- mit gross misconduct and sexual harassment have no place in the FBI,” it said.

The AP investigat­ion in December 2020 identified at least six sexual miscon- duct allegation­s involving senior FBI officials over the prior five years ranging from unwanted touching and advances to coercion.

It found that several senior FBI officials have avoided discipline — quietly transferri­ng or retiring with full benefits — even after claims of sexual misconduct against them were substantia­ted. In one case, an FBI assis- tant director retired after the inspector general’s office con- cluded that he had harassed a female subordinat­e and sought an improper rela- tionship with her.

In its statement, the FBI said that since establishi­ng a working group just days after the AP story was pub- lished, the bureau has imple- mented a series of changes, including a 24/7 tip line with a licensed clinician where employees can report abuse, and a working group of senior executives to review policies and procedures on harass- ment and victim support.

Grassley asked in his letter for updates on other changes recommende­d by the Justice Department, including that it fast-track investiga- tions to reduce the chance an accused employee could become eligible for retirement and leave the FBI before a probe can be completed.

The FBI noted that it cannot legally prevent someone from resigning or retiring. “It is infuriatin­g that we are left with little disciplina­ry recourse when people leave before their case is adjudi- cated,” the statement said.

David J. Shaffer, a Washington attorney who represents several victims of sexual misconduct in the FBI, called on lawmakers to examine how often the bureau opens inter- nal investigat­ions against women who come forward.

“The most serious abuse of the FBI disciplina­ry system is to retaliate against the very women who complain by starting investigat­ions against them after they report sexual misconduct,” he said, “thereby discouragi­ng reporting in the FBI due to fear of retaliatio­n.”

Tracy Walder, a former FBI agent who left the bureau in 2006 after she filed a sexual harassment complaint, said she believes such misconduct is pervasive and is glad it is finally being taken seriously.

“I do not believe that the entirety of the FBI behaves this way. In fact, there are many excellent age nts. However, because of the way I was treated, I feel a sense of shame and ‘What if?’ And this behavior has been allowed to continue for decades.”

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