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Whistleblowing Cop Fired for Exposing Alleged Plot to Kill the President
Suppose you overheard someone encouraging someone else on the phone to take a shot at the President of the United States? Suppose you also overheard someone propose putting a bomb under the stage where the President was speaking? And someone making inappropriate comments about the First Lady?
Chances are if you heard comments like this you would tell someone in law enforcement, be it the local police, the FBI the Secret Service or all of the above.
What if you ARE the police? A Virginia police officer found himself in this very position when President Obama was in Richmond for an appearance on May 5th, 2012. Based on the available facts, the officer went “through channels” but the higher ups did nothing for two weeks. Some time after that he spoke anonymously to the local media. At that time, a spokesperson for the Richmond Police Department (RPD) said the Secret Service investigated and concluded there was no crime.
Since then the two police officers alleged to have made these inappropriate comments were fired, and they are trying to get their jobs back.
According to their lawyer James Towey, “(T)he firings were the result of meddling by the mayor’s office.” Towey is calling for a public hearing on the matter. In a letter to Richmond City Attorney Allen Jackson, Towey claims ”disturbing facts that shed light on dysfunction within the Richmond City government as well as instances of despicable misconduct by particular city leaders.”
Earlier this week, the whistleblower lost his job because he spoke to the media about his concerns. WTVR reports:
The man said Wednesday morning he returned to police headquarters to pick-up a packet of information. Included in that packet, he said, the reason he was fired.
The reason, he said, was because he violated police department policy by doing an interview with CBS 6 about the a May 5 incident involving the President and the First Lady.
There’s a lot that smells about this story. Some things people say should be taken seriously. Someone plotting to kill the President of the United States falls into that category. If a subsequent investigation concludes there was no wrong doing or any plan for wrong doing, fine. However, this is one of those things that should be looked at immediately – not weeks later. Had immediate action occurred, the whistleblower wouldn’t have needed to express his concerns to the media.
This is classic whistleblowing. If anyone has a legal basis to get their job back, it’s the police officer who spoke to the media.
Since Virginia is an employ at will state, one may be tempted to conclude that whistleblowers can be fired for retaliatory purposes. It’s obvious that his dismissal was not only about his violation of the blue code of silence, but it was also intended to send a message to anyone else who may be tempted to expose wrong doing or negligence by the RPD, which in this case involved an alleged plot to assassinate the president.
The thing is, employees in employ at will states still have rights under the U.S. Constitution.
As Thomas Roberts (an employment attorney who is not involved in the case) points out, this officer’s dismissal was a violation of his First amendment rights. ”It concerns me and it should concern others, if he was retaliated based upon his right to express his concern on this public matter as well as his opinion.”
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Sharon Hamm
Feb. 22nd, 2013 at 7:23 pm
I would guess that we should be thankful that was this brought to our attention, and hope that no further retaliation happens ie: dying while walking the dog, or going for a stroll and never being seen again. This man deserves a medal for his honesty and courage to go against the blue code. And shame on the police force, even if it was all in fun.
Laura
Feb. 22nd, 2013 at 7:41 pm
There is nothing funny about threatening the life of the President and his family, particularly if the statement is made by a law enforcement officer.
Shiva(Moderator)
Feb. 22nd, 2013 at 8:14 pm
Cops will protect each other even if it goes against the people. Sometimes you find a good cop and the rest retaliate. I wonder how they would feel if there was something against them and no one spoke up.
Artemus
Feb. 22nd, 2013 at 8:23 pm
I sincerely hope that there has been a 400% increase in jailings to parallel the 400% increase in threats as compared to threats against the previous president. Somehow, I have my doubts.
Virginia Richmond
Feb. 22nd, 2013 at 8:35 pm
The “whistleblower” was lying. The Secret Service found “no wrongdoing”. There was no threat. The first amendment does not apply to lies that injure other people. He was fired for lying.
Shiva(Moderator)
Feb. 22nd, 2013 at 8:39 pm
Sounds like someone is a little biased here. Makes me beleive he was telling the truth.
Reynardine
Feb. 22nd, 2013 at 9:08 pm
And exactly how do YOU know so many details, Ms. Richmond?
mjh
Feb. 23rd, 2013 at 12:49 am
Ms. “Richmond, Virginia” doesn’t — she’s merely parroting the meme hate radio and the FoxNation.com will use in automatically coming to the defense of the cops fired.
She seems to forget that simply because there was “no wrongdoing” WRT the President’s safety, does NOT mean the alleged threats weren’t spoken . . .
.
mjh
Feb. 22nd, 2013 at 9:49 pm
The first amendment does not apply to lies that injure other people.
The First Amendment also does not apply to making threats against the life of the POTUS/FLOTUS.
.
Sabyen91
Feb. 23rd, 2013 at 2:56 pm
They found that the comments were not against the law. They didn’t say the comments were not made by the cops in question. The whistleblower was fired for going to the press. Everything you said was wrong.
Reynardine
Feb. 22nd, 2013 at 9:05 pm
It’s called “The Blue Wall”. Frank Serpico nearly did get killed for that one. The officer who went amuck in Los Angeles recently had been “flaked”-set up to look like he had been the asshole. The same thing happened to my co-author, Joe Sanchez, but instead of going berserk, he wrote about it.
Dwayne
Feb. 22nd, 2013 at 10:02 pm
President Bush took the USA to war over a supposed threat made at his Father EX-president BUSH, and we have lost the lives of thousands…. You mean to tell me that a threat made about President Obama somehow is joke worthy and not worth investigating? If I made such a joke or was over heard talking about a bomb at an airport I would be lucky not to get shot… the two cops that were talking about such a thing should be fired, they are useless… The cop that blew the whistle should get his job back but should not take it… he should go elsewhere to be a Police Officer… where being a good cop is valued.
mjh
Feb. 23rd, 2013 at 12:56 am
President Bush took the USA to war over a supposed threat made at his Father EX-president BUSH, and we have lost the lives of thousands…. You mean to tell me that a threat made about President Obama somehow is joke worthy and not worth investigating?
Things are different when its a black Kenyan Muslim Socialist Communist Democrat with a funny name who likes mustard on his burgers and arugula, that’s being threatened . . .
.
Christopher
Feb. 23rd, 2013 at 5:42 am
Does the fact that Richmond, the city, is a majority Black city with a Black Mayor, a majority Black city council, and a Black police chief (who recently resigned) give anyone pause that maybe, just maybe, the whistelblower was NOT telling the truth?
Reading some of this slanted story posted here, it did say the police officers attorney thought there was interference by the Mayors office. I see no reason why the Mayor would not have wanted a real threat exposed. If he was fired, I think it likely he was fired for something else, or perhaps, the facts showed he made the story up. I don’t think this was a firing for being a whistelblower
Daniel Berry, NYC
Feb. 23rd, 2013 at 8:53 am
Do you really think the Black mayor or Black population are the only–or even the most influential–locus of power in Richmond?
I suppose you also believe voters exercise power in Congress and that the Pentagon is accountable to the so-called Commander-in-Chief.
Anne
Feb. 23rd, 2013 at 9:21 am
With all the threats against this president that are more than double the threats against any other president in recent times at least, comments about harming him are no laughing matter. People who make them are monumentally stupid and irresponsible, and they need to be held accountable in a way that gives them a needed dose of reality. The last thing they need is to be protected by the wall of silence, especially when they have made an oath to serve and protect as law enforcement officers.
d julien
Feb. 23rd, 2013 at 10:14 am
Seems to me that if a police officer is heard threatening the president, it is serious and perhaps more serious than a threat from a civilian. Cops have guns and access…
ante seput
Feb. 23rd, 2013 at 1:06 pm
Making threats to kill some one is illegal and senseless we all know that. If one hear that some one making threats it is his/hers duty to report that, now it maybe not be anything or otherwise, still it most be investigated. If dumb supervisor don’t want to lesson to you “yes absolutely” you should go to anyone that will take notice and do something about it. Now if anything had this Moron’s in Virginia learn anything, from those kids that has being killed at Virginia University.
Officer should get job back with full pay and public apology from those involved in firing him!
Reynardine
Feb. 23rd, 2013 at 1:51 pm
In fact, it would have been a serious federal felony not to report it.
TigerLily
Feb. 23rd, 2013 at 1:07 pm
We’re talking Virginia here…you know the GOP/RW’ers/T-psychos there don’t like our President and are still pissed he won. They would definitely NOT get in the way of someone trying to assasinate him. Just like Bush did when he knew those planes were going to attack and possibly kill thousands of AMERICANS … and he let them–so he could have a war. The Virginia policie would allow it so they could get their GOP in the WH. Its all about getting a GOP in the WH at any cost. They’re a very desperate party right now. Full of rage and hate for this decent black man who is way wiser than any of them all of them put together and has proved it time and again for 4 years now. All their people are on notice. Whatever we do we say NO to this president and if he can be hurt so be it as BOEHNER would say. Same dangerous RW mentality.
Reynardine
Feb. 23rd, 2013 at 1:54 pm
I love minds that run in the same gutter as mine.
Don Soeken
Feb. 23rd, 2013 at 1:13 pm
I am sorry to say that federal employees and state employees do not have First Amendment rights. After being fired they must go thru the Federal or State employment system to get any reinstatement rights. Many times the executive of the agency intervenes and the employee’s case is thrown out on some technical basis. Whistleblowers in most cases cannot speak out and get protection under free speech laws.
The executives want everything to be under their power and therefore the whistleblower is retaliated against and usually fired. They are then left to fend for themselves because the other side has all of the power and money.
Don Soeken, LCSW-C, Ph.D
www.whistleblowing.us
Reynardine
Feb. 23rd, 2013 at 2:01 pm
Yet not to disclose would have been a federal felony. 18USC2382