Though Edward Snowden is the individual best known for leaking government documents that expose possible unconstitutional activity, a host of whistleblowers before him also struggled to lift the veil on questionable government activities.  Bill Benney is one such individual.  Binney worked at the National Security Agency (NSA) for nearly three decades as a leading crypto-mathematician.  He later became one of its leading whistleblowers.

Binney, who is now 70 and on crutches after losing a leg to diabetes, can still vividly recall the July morning seven years ago when over a dozen armed FBI agents burst through his front door as he was coming out of the shower.

The NSA is an agency overseen by Congress, the courts, and other governmental departments, along with its own workers.  In the past dozen years, whistleblowers like Binney have not had an easy time exposing misconduct.  Those early whistleblowers that attempted to work within the system state that Edward Snowden learned from their harsh experience.

Binney’s decision to go from NSA employee to whistleblower came shortly after September 11, 2011, when he uncovered the NSA had begun using a software he created to gather information about unwitting Americans without a court order.  In his belief, this act amounted to treason as it subverted the U.S. Constitution.

Binney and two other NSA employees who also later resigned from the agency first attempted to raise the issue with congressional committees.  However, because they lacked the documents to prove their charges, no one believed them.  Snowden did not repeat that mistake.  He seemed to recognize right away, perhaps after watching Binney and the others fail, that you need to provide documentation.  This is why Snowden had such an impact, where others that tried to work within the system failed to.

For instance, computer expert Thomas Drake blew the whistle on what he considered to be unconstitutional NSA programs.  Instead of resulting in investigations into the NSA—Drake found himself under prosecution.  Drake, who had taken his concerns to both the NSA and Congress, eventually showed unclassified information from the NSA to a reporter when no action was taken internally.  His home was raided and he was charged with violating the Espionage Act.  Drake ended up negotiating a misdemeanor plea after the government’s case fell apart and now works at an Apple store.  Drake too believes Snowden learned from his plight.

George Ellard, the NSA’s inspector general, has told the public that Snowden could have properly raised his concerns and Ellard would have offered him protection.  Snowden claims he did try to blow the whistle internally at the NSA, but Ellard never heard from him.

Since Snowden, Binney, and Drake’s attempts at whistleblowing, the rules for whistleblowers have changed.  President Obama issued a directive intended to provide greater protections for whistleblowers working for intelligence agencies, since they are not afforded the same protections as other federal employees.  Employees who raise concerns while employed, like Drake, will have a chance to appeal to inspectors generals at other intelligence agencies. Former employees, like Binney, are not afforded the same protections.

Bill Binney offers some important advice for anyone considering whistleblowing—the first thing you must do is get a lawyer.

Barrett Law PLLC: Providing Experience and Dedicated Representation to Brave Mississippi Whistleblowers

The Mississippi Whistleblower Attorneys at Barrett Law PLLC believe whistleblowers like Bill Benney and so many others within both federal and state agencies serve a vital function to the American public.  These courageous whistleblowers risk their jobs and livelihood to expose illegal activities that affect us all.  For over 75 years, our Mississippi qui tam attorneys have assisted whistleblowers in exposing fraudulent conduct.  We also protect whistleblowers who have experienced any sort of retaliation for their actions.  Call Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation.