Sunday Read: 2022 Midterms — Connecting Whistleblowers and Top Policy Issues
Campaigning for the hotly contentious November midterms is in full swing. With 34 Senate seats and all 435 House seats up for re-election, the constantly evolving political situation is creating uncertainty as well as opportunities for change.
Whistleblower issues are closely linked with many issues that are anticipated to have a significant impact on the midterm elections. While policies concerning how government agencies respond to reports of fraud and wrongdoing by whistleblowers are rarely placed explicitly at the top of the agenda, it is important to investigate how the role whistleblower reporting is often at the heart of major political issues. Here we describe how whistleblowers impact concerns voters have about the COVID-19 Pandemic Response, Economics, and the future.
The Pandemic Response
Near the end of 2021, Americans initially believed the pandemic was winding down and becoming less of a problem as cases in the country dwindled. The percentage of Americans identifying the coronavirus as America’s most important problem in a monthly Gallup poll hovered around 13–15% late last year. However, in January 2022, this number increased back to 20% with the massive surge in cases brought on by the spread of the Omicron variant. According to one poll, 17% of respondents reported the pandemic as the top issue in the midterms, ranking only behind economic concerns.
The contributions of whistleblowers have been instrumental in promoting transparency and public knowledge on the quality of the government response to the pandemic. It is critical that COVID-19 response related whistleblower complaints are taken seriously given the threats to public health they often expose.
In April of 2020, Dr. Rick Bright was removed from his position as head of the government’s Biomedical Advanced Research and Development Agency. He was demoted to a lesser role in the National Institutes of Health, which was believed to be an act of retaliation for limiting the use of hydroxychloroquine. The drug, touted as a potential cure in the earliest days of the pandemic, was limited by Bright due to potentially harmful side effects studied at the time. Dr. Bright’s whistleblower complaint brought potentially damaging political motives of the pandemic response to light, giving Americans information that allowed them to see the full context of statements from the White House. In August of 2021, Mr. Bright settled his complaint and was set to “receive back pay, as well as damages to cover the costs of private security and temporary housing that he required after receiving threats.” Now, Mr. Bright is a member of President Biden’s Covid-19 task force.
Data scientist Rebekah Jones exposed issues with a state-level pandemic response when she revealed in a whistleblower complaint that she had been asked to manipulate Florida’s public coronavirus data. She stated that government officials had wanted lower coronavirus positivity rates to support a plan to ease restrictions, but she had refused. Jones, who had a hand in the creation of the state’s coronavirus dashboard, created her own portal with case data after being fired in retaliation. In retaliation by the state government, police conducted an armed raid on her home, and Jones was placed under arrest for accessing the coronavirus data. Now, Rebekah is running for office herself.
Economic Concerns
The economy is reportedly the most pressing midterm issue, with 20–30% of people naming it the most important problem in the recent Gallup polls and 27% in the Hornstein Center poll. Economic concerns are extremely varied, encompassing everything from living expenses to inflation to government spending. Here, whistleblowers have significant positive impacts on the economic issues that concern voters the most.
The False Claims Act (FCA), the foremost whistleblower law, was passed through bipartisan support. Such bipartisan support also exists for the recently proposed amendments to the FCA, which would make whistleblower claims easier to pursue. Fraud in government contracts has been a longtime issue, with billions in spending lost to fraud. Republican and Democratic politicians alike have expressed concern for the lack of accountability in the spending of taxpayer dollars.
Government spending has increased continuously for decades, and as larger spending bills are passed to provide aid and economic stimulus in the wake of the recent recession, strong whistleblower protections will go a long way to ensuring that instances of fraud are recognized and litigated. Such attention to government accountability is incredibly relevant to implementing large spending plans as efficiently as possible.
Price-fixing schemes also play a role in increasing the cost of necessary items for Americans, and can be challenged effectively through strengthening the False Claims Act. Generic pharmaceutical manufacturers Taro, Sandoz, and Apotex paid almost $450 million after claims that they violated the FCA by conspiring to raise the prices of generic drugs.
Sea Star Line LLC and Horizon Lines paid $3.4 million after evidence emerged suggesting they conspired to fix shipping prices. The whistleblower provision in the FCA allowed Sea Star Line VP of Sales, William Stallings, to file a claim revealing details of the alleged scheme.
Looking to the Future
Whistleblower issues can often seem small on the national policy stage, but the truth is that the fight for whistleblower protections is deeply entwined in the most relevant political issues this year. A stronger False Claims Act and robust whistleblower protections would be important tools in fostering an effective pandemic response and maximizing the return on each taxpayer dollar.
Whistleblowers have played a key role in exposing flaws in the pandemic response on the federal and state levels, as well as bringing to light anti-competitive behavior that wastes government money and increases prices for everyday consumers. The ability of whistleblowers to come forward about concerns without fear of retaliation is essential to ensuring that the public is provided true accountability for policies with adverse impacts.
This story was researched and drafted by NWC Intern Harshita Bondhi, a Political Science major at the University of California, Davis.
