Inspector General Michael Atkinson arrives on Capitol Hill on October 4, 2019, to answer questions related to the impeachment inquiry against President  Trump.

Inspector General Michael Atkinson arrives on Capitol Hill on October 4, 2019, to answer questions related to the impeachment inquiry against President Trump. Astrid Riecken / For The Washington Post via Getty Images

Biden Can do More to Protect Inspectors General, Says Former Watchdog Fired by Trump

Guidance issued by the Biden administration was “important,” but an executive order could also help preserve IG independence, said Michael Atkinson.

A former high-profile watchdog fired by President Trump spoke on Tuesday about the importance of whistleblowers and inspectors general, and he suggested how the Biden administration could do more to support them. 

Michael Atkinson, who was confirmed as the intelligence community inspector general in May 2018, came under fire by Trump for his handling of a whistleblower complaint in 2019 that sparked the first impeachment investigation against Trump and was removed in spring 2020. Atkinson spoke at a webinar hosted by The George Washington University Law School on Tuesday afternoon about the whistleblower complaint––a situation Atkinson knew from the start would be “career altering for many people”––as well as larger themes related to government oversight and ethics. 

“I think the IG community has been quite resilient,” said Atkinson, when asked if the Trump administration and its handling of the Ukraine whistleblower situation caused any lasting damage to the IG community. “I think my answer might be different if there was a different administration in charge. It might be different if a different administration comes back in charge.” He said guidance from the Biden administration––specifically the Office of Management and Budget–– issued in December to agencies encouraging them to cooperate with their IGs was “important.” 

Moreover, “I think the Biden administration probably could go one step further and issue an executive order that sets out the causes for IG removal that the Biden administration will use,” said Atkinson. “It won’t have the force of legislation, but it would set the right tone and it would send a signal not only to IGs, but whistleblowers as well that the Biden administration expects IGs to be independent and they will not be removed for exercising that independence.” 

Independence from agency heads and Congress is one of the main components of being an effective inspector general, said Atkinson. “I think that if inspectors general can be fired for acting independently, then that’s a significant problem,” which can have a chilling effect on IGs and “in some ways, whistleblowers because whistleblowers need to trust the process and they need to trust that whatever IG they’re going to is going to be independent,” nonpartisan and objective. He said he feels he got fired because he did what he was required to do by acting independently. 

When asked if Congress should take any action to better protect IGs from retaliation that is politically motivated, Atkinson said “yes,” but it’s “complicated” because this involves the separation of power between the executive and legislative branches. 

Also, “what’s complicated is you have these inspectors general who are political appointees, but who by law are required to be independent” and “you really shouldn’t be fired for being independent,” he said. One possible suggestion could be term limits for IGs, said Atkinson. 

On whistleblowers, Atkinson said, “all branches of government have an interest in good government and good government requires honest public servants willing to come forward and disclose alleged wrongdoing in an authorized way.” He said whistleblower laws, which were subject to scrutiny during Trump’s first impeachment inquiry and hearing, “survived the stress test, yet more could be done to protect whistleblower’s identities,” particularly by Congress. 

Atkinson said he was not surprised he was removed. After that happened, Michael Horowitz, Justice Department IG who was then-chair of the Council of the Inspectors General on Integrity and Efficiency, said in statement, “Atkinson is known throughout the inspector general community for his integrity, professionalism, and commitment to the rule of law and independent oversight,” which “includes his actions in handling the Ukraine whistleblower complaint.” 

Then in June 2020, Sen. Chuck Grassley, R-Iowa, a long-time advocate for whistleblowers and oversight, put a hold on two of Trump’s nominees until he got explanations on why Atkinson and another IG were fired. The situation with Atkinson was one of many during the Trump administration that caused concern that Trump officials were politicizing oversight. 

Atkinson is now partner at the law firm Crowell & Moring LLP, in Washington, D.C., where he is a co-leader of the firm’s National Security Practice Group and Whistleblower Working Group. 

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.