Vindication: FBI Whistleblowers Reach Long Overdue Settlements With DOJ
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It has been an excruciatingly long journey, but all 10 of the longstanding FBI whistleblower cases managed by Empower Oversight have now reached resolutions with the Department of Justice. This positive outcome was announced by the organization on X, along with a letter to Senate Judiciary Chair Chuck Grassley (R-IA) detailing the settlements.

WASHINGTON – Empower Oversight is celebrating the historic resolution of eight whistleblower retaliation cases, marking the settlement of all 10 longstanding client disputes with the FBI, as detailed in their March 5 letter to the FBI General Counsel. These settlements account for over 12 years of suspension days being rectified by these agreements.

“While these cases provided a measure of justice for whistleblowers who faced retaliation for merely exposing wrongdoing, many others still seek resolution—and justice remains elusive for them. The fight against improper use of authority and retaliation against whistleblowers continues,” Empower Oversight Founder Jason Foster and President Tristan Leavitt wrote in a letter to Senator Chuck Grassley, expressing gratitude for his leadership and summarizing the settlement agreements.

The letter to Grassley, penned by Empower Founder and Chair Jason Foster and President Tristan Leavitt, summarizes the settlements thusly: 

The specifics of each agreement vary slightly, reflecting the unique circumstances of each employee’s situation and case. Among these eight settlement agreements:

  • None required any resignations as a condition of the agreement.
  • Four involve or facilitate voluntary retirements.
  • All include lump sum payments for damages.
  • Fourrequire full restoration of back pay and benefits to be calculated according to the Back Pay Act, which requires putting federal employees in the same financial position they would have been had they not been subjected to an “unjustified or unwarranted personnel action.” See 5 U.S.C. § 5596(b)(1)(A)(i), (B), (b)(2) and 5 C.F.R. § 550.805.
    • This requires that employees receive interest on all back pay, restored leave, and replaced Thrift Savings Plan contributions—including the agency match and lost investment earnings.
    • These agreements also require all back pay and benefits to be calculated and paid within 30 days of the employee returning to work and providing all necessary information. 
  • Three require the FBI to return the employees to duty, including Garret O’Boyle, Stephen Friend, and Zachery Schoffstall.

We first met several of these whistleblowers—Marcus Allen, Garret O’Boyle, and Steve Friend—back in May 2023, when they gave testimony before the House Judiciary Subcommittee on the Weaponization of the Federal Government.

Their testimonies were compelling, each detailing the issues they raised about the misuse of power within the FBI, which led to adverse consequences for them.


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