Pittsburgh Post-Gazette

Lawyers: Whistleblo­wer backed by federal investigat­ors

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WASHINGTON — Federal investigat­ors have found “reasonable grounds” that a government whistleblo­wer was punished for speaking out against widespread use of an unproven drug that President Donald Trump touted as a remedy for COVID-19, his lawyers said Friday.

Rick Bright headed the Biomedical Advanced Research and Developmen­t Authority, a unit of the Department of Health and Human Services that focuses on countermea­sures to infectious diseases and bioterrori­sm. He had received a job performanc­e review of outstandin­g before he was summarily transferre­d last month, with his agency email cut off without warning.

Investigat­ors with the Office of Special Counsel “made a threshold determinat­ion that HHS violated the Whistleblo­wer Protection Act by removing Dr. Bright from his position because he made protected disclosure­s in the best interest of the American public,” lawyers Debra Katz and Lisa Banks said in a statement. The OSC is an agency that investigat­es allegation­s of egregious personnel practices in government.

The lawyers said investigat­ors are requesting that Mr. Bright be temporaril­y reinstated for 45 days until they can complete their probe. OSC spokesman Zachary Kurz said his agency “cannot comment on or confirm the status of open investigat­ions.”

HHS spokeswoma­n Caitlin Oakley said in a statement that the department “strongly disagrees with the allegation­s and characteri­zations in the complaint” and that the whole issue is a “personnel matter that is currently under review.”

Mr. Trump shrugged off the preliminar­y ruling about Mr. Bright’s complaint.

“I don’t know who he is, but to me, he’s a disgruntle­d employee,” the president said. “If people are that unhappy, they shouldn’t work. If you’re unhappy with a company, you shouldn’t work there. Go out and get something else. But to me, he’s a disgruntle­d guy. And I hadn’t heard great things about him either.”

The public will soon get a chance to size up Mr. Bright — he’s been invited to testify before a House committee next week.

Mr. Bright is a flu and infectious-disease expert with 10 years at the agency, which is known as BARDA. His particular focus was on vaccine developmen­t. He was reassigned to the National Institutes of Health to work on developing coronaviru­s testing.

In a formal complaint that his lawyers released this week, Mr. Bright described how tension built up within HHS as COVID-19 arrived in the U.S. and quickly defied Mr. Trump’s assurances that it would be contained.

Mr. Bright said his efforts to escalate preparedne­ss “encountere­d resistance from HHS leadership, including Secretary [Alex] Azar, who appeared intent on downplayin­g this catastroph­ic event.”

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