Sunday Read: Dr. Frederic Whitehurst

National Whistleblower Center (NWC) will proudly usher in National Whistleblower Day on July 27th by hosting a live event celebrating the day’s 10th anniversary on Capitol Hill in Washington D.C. The day will feature experts, legislators, and whistleblowers with personal and unique insights on their own experience and the importance of the event.  

We celebrate National Whistleblower Day to recognize the important contributions whistleblowers have made to safeguarding our democracy, public health, our environment, and economic stability. July 30th marks the first action taken to protect whistleblowers in the United States, and even predates U.S. independence. 

This Sunday Read highlights the contributions of Dr. Frederic Whitehurst . America’s first successful FBI whistleblower, Dr. Whitehurst is a former scientist who came forward about misconduct within the agency’s crime lab, resulting in extensive reforms. A member of the NWC Board of Directors and an honorary member of the Whistleblower Leadership Council, Whitehurst is a valued NWC ally and fierce advocate for an Executive Order to make July 30th a permanent National Whistleblower Day. 

Cleaning Up, Disrupting the Status Quo at the FBI 

Following memorable tours of duty in the US Army , stationed in Vietnam as a member of the Tiger Brigades beginning in 1968, Frederic Whitehurst received a Ph.D. from Duke University in chemistry.  

By the mid-1980s Whitehurst was based in the Los Angeles Federal Bureau of Investigation (FBI) crime laboratory as a Special Agent and quickly climbed the ranks to Supervisory Special Agent. Whitehurst found the lab to be substandard – characterized by outdated and rusty gear – and not befitting of an agency that served the American public. Miscarriages of justices also occurred, with laboratory results being altered or changed to perpetuate certain results.  

Cleaning the lab became an all-consuming, days-long endeavor, as the aesthetic of the lab reflected the morals of many in the agency. It was well-known among insiders that perjury had occurred in court, which Whitehurst saw first-hand during an international trial in San Francisco. He reported a fellow agent testifying falsely, but the agency reprimanded him instead. 

Whitehurst saw this as a sign of things to come. He was so concerned about perjury by other agents, the state of the FBI crime laboratory, and the complacency of FBI superiors that he started attending law school at night. Four years later, he earned his law degree to help further protect himself. He would not allow a cover-up by senior officials at the FBI. Following a letter-writing campaign in an effort to secure justice, the FBI responded by sending Whitehurst on a Fitness for Duty exam (a retaliatory move often taken by the FBI against their whistleblowers).  

Legal Action, Withstanding Retaliation 

Seeing the writing on the wall with regard to retaliation, Whitehurst then engaged Stephen M. Kohn Kohn and David Colapinto of Kohn, Kohn and Colapinto, a leading whistleblower law firm in Washington, D.C., to represent him in a whistleblower litigation while his work at the FBI continued.  

During that time, he worked on critical assignments, such as the World Trade Center bombing in 1993, but upper management in the FBI had been scheming to get rid of him. His reports were altered to help prove guilt, not necessarily the truth.   

He was the first successful FBI whistleblower and was forced to defend himself and his wife, Cheryl (also an agent) against the FBI’s brutal retaliation. The travesties continued, however. Whitehurst was forced to retire soon afterward and lost his health benefits because the FBI law unit slipped the term “resigned” instead of “retired” into his retirement papers. 

Securing Justice  

During the whistleblower suit, Colapinto of Kohn, Kohn & Colapinto argued that 5 U.S. Code § 230 applied to Whitehurst’s case. Passed by Congress in 1989, the law prohibited personnel practices in the Federal Bureau of Investigation. They successfully sued the U.S. President, William Jefferson Clinton, to enforce the law, and he issued an order for the Attorney General to implement it.  

Despite the underhandedness of the FBI, Whitehurst is widely credited for investigating, uncovering and reporting scientific misconduct which forced the FBI crime lab to agree to 40 major reforms, including undergoing an accreditation process. Whitehurst’s suit had tremendous historical importance and opened up the portal for all federal whistleblowers. 

“Fred Whitehurst was a trailblazer,”

Colapinto told Whistleblower Network News in 2020.

“He was the first public FBI whistleblower to have the moral courage to step forward and report violations of law up the chain at the FBI, then to the Attorney General, then to the Department of Justice Inspector General, then to Congress, and then to the United States President.” 

Dr. Whitehurst established the Forensic Justice Project at the National Whistleblower Center and initiated Freedom of Information Act requests that led to an NWC/ The Washington Post investigation of the FBI Crime Lab that forced the agency to review 20,000 hair analysis cases. The investigation to date has resulted in several exonerations, reversals of convictions, and one stayed execution. 

He is a Co-Chairperson of the NWC Board of Directors and an honorary member of the Whistleblower Leadership Council. He is also still a lawyer, practicing in Bethel, North Carolina. 

You can hear him on WNN’s “Whistleblower of the Week” podcast here. 

Whitehurst’s Influence on National Whistleblower Day 

Each year since 2013, the U.S. Senate has unanimously passed a Resolution designating July 30 as National Whistleblower Day. In recent years, a growing number of federal agencies have celebrated National Whistleblower Day by informing employees of their whistleblower rights and by highlighting the critical role whistleblowers play in exposing fraud, corruption, and abuse of power. 

Whitehurst is one of several whistleblowers behind the campaign to have signed a petition urging President Biden to sign an Executive Order making National Whistleblower Day a permanent designation and requiring federal agencies to recognize the day. The whistleblowers are calling on whistleblower supporters to sign the petition. 

“We gain from the sacrifices made by whistleblowers,”

he recently said.

“We call whistleblowers heroes. And yet when the whistle is blowing we abandon them to a lonely battle against insurmountable forces. We must be not only the recipients of the fruits of their sacrifices but part of their team, bolstering them and their families, giving them jobs when needed, housing when needed, futures when needed and laws that protect them during their task. We must take this step for a permanent National Whistleblower Day.” 

Traits of a Whistleblower 

A whistleblower could already be involved in ongoing investigations, and there may be several employees and officers who are considering action. It is important to be aware that whistleblowers voluntarily come forward with information to the government. 

Do not wait for investigators to call you, find an attorney and make a report now.  

Dr. Whitehurst’s conscience would not allow for him to take part in unethical, fraudulent and illegal activities. His actions helped draw attention to, and strengthen, the rights and protections available to whistleblowers today. He exemplified how federal employees can stand up for the truth in the face of adversity. His legal action led to the enforcement of a federal law that agencies now take very seriously.  

Support NWC 

NWC fights to bolster whistleblower programs, inform the employees in all sectors about available laws and protections and advocate for July 30th to be declared a federally recognized National Whistleblower Day. As a 501(c)(3) non-profit our awareness building work is made possible with the support of our generous donors. Please consider donating $50 today to help us continue to educate the public on how they can impact everyone’s lives. 

This story was written by Justin Smulison , a professional writer, podcaster and event host based in New York.