Waxman: State IG Threatened To Fire Whistleblowers

Looks like Cookie isn’t so sweet toward those who’d talk to the House Oversight and Government Reform Committee.

Earlier this month, committee chairman Henry Waxman (D-CA) wrote a scathing letter to State Department Inspector General Howard “Cookie” Krongard, accusing him of scuttling inquiries about corrupt contractors working on State’s dime in Iraq and Afghanistan. The basis for Waxman’s claims came from former employees John DeNona and Ralph McNamara, who resigned after Krongard slow-walked or obstructed their investigations. But Waxman was also assisted by current Krongard staffers who had a bad taste left in their mouths from Krongard’s unorthodox approach to due diligence.

Those two staffers are Special Agent Ron Militana and Assistant Special Agent in Charge Brian Rubendall. Both are career federal investigators who agreed to go on the record with their accounts of Krongard’s misconduct. And their boss held them in high esteem: Krongard called Militana “one of my best investigators.” But after Waxman sent his letter to Krongard, his staff threatened their careers, according to a new letter to Cookie just released by Waxman’s office.

On Tuesday, according to the letter, Krongard’s congressional liaison, Terry Heide, sat Militana and Rubendall down with an attorney from the State Department counsel’s office and warned them against cooperation with Waxman’s investigation. Heide told them explicitly not to cooperate with the Democrats on the investigation, according to Militana’s notes.

“The majority are not friends. The minority staff has been helpful. They advise that you should never do a voluntary interview in a million years.”

When the two investigators protested that they had whistleblower protections against this sort of treatment, the liaison informed them that “You have no protection against reprisal. You have no whistleblower protections. Howard could retaliate and you would have no recourse.” … Howard can fire you.”

Waxman’s letter says this isn’t an isolated instance. Former Krongard employees have apparently told the committee that the same aide threatened them against testifying to the committee. Waxman says he’s “appalled” by the apparent pattern — which is potentially illegal.

You should be aware —and you should advise your staff that Congress has passed civil and criminal prohibitions against threatening and tampering with witnesses, retaliating against whistleblowers, and providing false information to Congress. If Special Agent Militana’s and Assistant Special Agent in Charge Rubendall’s accounts are true, some or all of these provisions may be implicated.

The Committee will not tolerate any intimidation of potential witnesses. I direct you to instruct your staff, including your congressional affairs liaison and attorneys, to suspend all communications (other than those necessary to collect responsive documents) with employees the Committee is planning to interview. I also warn you against any further efforts to intimidate witnesses or prevent truthful communications with Congress.