Sunday Read: National Whistleblower Day: In Their Own Words
The middle of summer is a busy and joyous time for the National Whistleblower Center (NWC). In addition to hosting a trivia night in our nation’s capital on July 15th, we are feverishly making final preparations for National Whistleblower Day on July 30th.
NWC has solidified addresses from critical speakers, such as Sen. Chuck Grassley (R-IA) and Sen. Ron Wyden (D-OR) and Hampton Dellinger, Special Counsel at the U.S. Office of Special Counsel (OSC). And NWC recently announced a key addition to the speaker lineup, including Rep. Jamie Raskin (D-MD).
In this Sunday Read, we will revisit the history of National Whistleblower Day and the key insights of speakers who have participated — and will make their debut — during NWC’s annual event.
It Was 246 Years Ago…
The origins of whistleblower law in the United States date back to the American Revolution.
Esek Hopkins was a Rhode Island slave runner who became the commander in chief of the first United States Navy under then-General George Washington. It’s unsurprising that this detail is often not documented in grade school textbooks.
Ten seamen under Hopkins’ command reported his wrongdoing and abuses committed in the Continental Navy against captured British soldiers. Hopkins’ commission was terminated by Congress on Jan. 2, 1778, and within a week he retaliated against the seamen by suing for criminal libel.
The first two captured and held on high bail were Richard Marven, a third lieutenant in the Marines and midshipman Samuel Shaw.
“These were working-class Americans who volunteered in the Revolution,” said NWC Founder & Chairman of the Board Stephen M. Kohn, during an address in 2017. “But they also insisted on promoting what they called their ‘constitutional right’ to raise these issues to the new government. As a lawyer this gave me pause because the U.S. Constitution was not written for another 10 to 15 years, yet they believed that there was inherent in that concept of liberty, a right to blow the whistle. And they were going to assert it even if it meant jumping ship.
“Our forefathers were tested. How would they react?” Kohn asked the audience. “They listened.”
Ultimately, founding fathers acted on the right side of justice. The passage of the world’s first whistleblower law followed six months later on July 30, 1778 — which is why the date is designated as National Whistleblower Day.
Sen. Grassley, Sen. Wyden, and Erika Cheung: Aloud and in Their Own Words
Through the years, former whistleblowers and influential representatives in American government have spoken on the importance of honoring the sacrifices of countless brave people — from Marven and Shaw to modern leaders like Jane Turner and Sherron Watkins.
During their appearances at NWC’s National Whistleblower Day, speakers’ words could be heard as rally cries and practical words of wisdom. For example, in 2021, Sen. Grassley stressed the need for Whistleblower Day observances to be practiced beyond one celebratory event.
“Each year on July 30th, we celebrate whistleblowers and the important role that they play in keeping our government transparent and accountable,” said Sen. Grassley, who is also Chair of the Senate Whistleblower Caucus. “The task of supporting whistleblowers doesn’t start and stop on July 30th. It’s a year-round job and here in Congress it’s something that we’ve been working [on] for decades. We’ve accomplished much to aid whistleblowers but there’s still more that needs to be done.”
Sen. Wyden, Chair of the Senate Finance Committee, echoed those sentiments during his National Whistleblower Day address in 2021.
“The reality is, the difficulties whistleblowers face and the challenges of standing up and speaking out have never been greater,” said Wyden, who has also used his membership on the Senate Intelligence Committee to help protect whistleblowers.
He also provided three methods to keep whistleblowing effective and on the minds of the public.
“First, I want everybody keep blowing the whistle,” he said. “A lot of us are listening. The cornerstone of democracy is an informed public. Second, support a free press. The press is still a powerful vehicle for validating and getting out information and it ought to be free to do so without the intimidation that they get from powerful interests. Third, keep working with elected representatives at all levels of government to get your message out. Whistleblowers have always been the canary in the coal mine. They provide essential warnings when there’s a problem that needs fixing.
“This is certainly not a time for the faint of heart. Whistleblowers are needed now more than ever. So, I hope none of you give up on fighting for the truth and doing the public good.”
In addition to the motivational speeches, whistleblowers also appear to detail how National Whistleblower Day provides a measure of comfort. For example, Theranos whistleblower Erika Cheung began her 2023 address by explaining how the Day resonated on a personal level.
“When you walk into one of these events [like National Whistleblower Day], as a whistleblower and you hear everyone’s stories, you walk out a whole new person,” Cheung said.
Her bravery was crucial in exposing how Theranos misled investors, patients, and the public about the capabilities of its technology and fraudulent business practices. The fallout had far-reaching implications for the biotech industry and startup culture in Silicon Valley, underscoring the importance of accountability, transparency, and ethical practices in business and healthcare.
“It’s like a catharsis when hearing and sharing and really understanding that this experience and what happens to you is really the issue,” she added. “[It] can produce all these personal consequences that in many moments you think it’s something wrong with you but really is the circumstance that you’re going through.”
NWC Allies Put Their Support in Writing
When it comes to whistleblower advocacy protections, the written word is still extremely effective, and inspires actions that speak volumes.
In late June, Mike Williams, Deputy Assistant Attorney General at the Department of Justice (DOJ), responded to the NWC’s requests that the agency implement whistleblower training and education for its employees to honor National Whistleblower Day.
The letter stated that the DOJ has recently taken initiatives to ensure all employees and contractors are aware of and understand their whistleblower rights and protections. These initiatives include:
- An April memo for all DOJ employees and contractors that provided information on their whistleblower protections,
- A fact sheet, titled “Whistleblower Rights for Contractors,”
- A training handout created by the OSC titled “Know Your Rights When Reporting Wrongs,”
- And an educational video created by the DOJ Office of the Inspector General titled “Reporting Wrongdoing: Whistleblower Rights and Protections.” The video is open for public viewing.
As previously noted, NWC anticipates the debut appearance of OSC Special Counsel Hampton Dellinger.
Dellinger has not yet announced the topic of his address, but if his recent writings are an indication, it is reasonable to expect a firm commitment from the OSC as he establishes a new tone from the top.
“OSC will begin requiring all agencies participating in our 5 U.S.C. 2302(c) Certification Program to promote NWAD as part of their annual re‐certification,” Dellinger wrote. “OSC’s 2302(c) Certification Program helps agencies comply with their congressionally mandated responsibility to inform employees of their whistleblower rights and protections and to make that information available on agency websites.
Dellinger also publicly stated his support for the widespread and Federal observance of the day by urging leaders of the House and Senate to pass legislation permanently designating July 30th as National Whistleblower Appreciation Day.
“By dedicating a day to these brave public servants,” Dellinger wrote, “we not only honor the contributions of current whistleblowers, but we show potential whistleblowers that their sacrifices will not go unnoticed or unappreciated. And we make clear that retaliation against a whistleblower will not be tolerated. What better way to demonstrate to the world that the United States government is a model employer — one not afraid to uncover waste, fraud, and abuse from within — than to permanently recognize the contributions of these courageous civil servants each year.”
Looking to National Whistleblower Day
National Whistleblower Day is the ideal forum to connect with government representatives and fellow whistleblower advocates while enjoying a luncheon on Capitol Hill. Mark your calendar for July 30th. For more information on National Whistleblower Day (including how to attend) visit: https://whistleblowersblog.org/nwd/
NWC’s Trivia Night — We’ll Drink to That!
As mentioned above, NWC has more fun summer fun to mark on your calendar. Tomorrow, July 15th, NWC will host a Bar Trivia fundraiser to celebrate U.S. independence!
The fun begins at 6 PM ET at Sudhouse DC (1340 U Street NW). Broaden your network and put your knowledge to work. Everyone will enjoy happy hour-priced food and drink, invaluable networking opportunities, and the winners will go home with gift cards, books, and other fun prizes.
Get your tickets on Eventbrite today.
Support NWC
NWC fights to bolster whistleblower programs and raise awareness about the value of whistleblowers. As a 501(c)(3) non-profit our work is made possible with the support of our generous donors. Please consider donating $100 today to help us continue to educate the public about whistleblower experiences and the role whistleblowers play in putting an end to fraud and money laundering. Donors of $100 or more will receive a copy of Rules for Whistleblowers: A Handbook for Doing What’s Right.
This story was written by Justin Smulison, a professional writer, podcaster, and event host based in New York.
