Scott Bloch

Infobox Person
name = Scott J. Bloch


image_size = 151x210px
caption =
birth_date =
birth_place = New York City, New York
death_date =
death_place =
education = University of Kansas School of Law
occupation = Special Counsel at United States Office of Special Counsel
spouse = Catherine Bloch
parents = Walter Black
children = Seven children

Scott Bloch is a US attorney, former deputy director and counsel to the Department of Justice's Task Force for Faith-based and Community Initiatives, and presently the Special Counsel at the United States Office of Special Counsel (OSC). The Special Counsel is the highest position in the OSC, which upholds anti-discrimination laws and whistleblower protections for federal employees.

He is the grandson of renowned abstract expressionist Albert Bloch. [ [http://www2.ljworld.com/news/2002/apr/07/bloch_on_bloch/ "Bloch on Bloch"] , "Lawrence Journal-World", April 7, 2002]

Controversies

Removal of sexual orientation nondiscriminiation

Bloch's first major actions as head of the office were to choose as deputy a lawyer who had publicly taken a position against the "homosexual agenda", and to hire young lawyers from Ave Maria School of Law, the Catholic school founded by Domino's Pizza billionaire Tom Monaghan.cite news|last=Schulman|first=Daniel|title=Office of Special Counsel's War On Whistleblowers|publisher="Mother Jones"|date=2007-04-24|url=http://www.motherjones.com/news/feature/2007/05/dont_whistle_while_you_work.html|accessdate=2007-07-26] In February 2004, Bloch ordered all mention of sexual orientation workplace nondiscrimination be removed from OSC's website and printed materials. Bloch stated his office lacked the authority to ban discrimination on the basis of sexual orientation. [ [http://www.washblade.com/2004/2-20/news/national/activists.cfm "Gay Federal Workers Fear for Jobs"] , "Washington Blade", February 20, 2004]

Bloch's critics argued that gay employees were protected by the Civil Service Reform Act of 1978, which prohibits discrimination against federal employees "on the basis of conduct which does not adversely affect the performance of the employee." Since its enactment, all five prior presidential administrations (Ford, Carter, Reagan, H. W. Bush, and Clinton) had interpreted this law to protect homosexual employees. [http://www.washblade.com/thelatest/thelatest.cfm?blog_id=3061 "Bloch to be Probed on Anti-Gay Bias"] , "Washington Blade", October 20, 2005]

After complaints from Congress, [ [http://www.washblade.com/2004/2-27/news/national/officials.cfm "Officials Question Appointee On Gay Bias"] , "Washington Blade", February 27, 2004] the Bush Administration released a statement saying homosexual employees were still protected in April 2004. [ [http://www.washblade.com/2004/4-2/news/national/rebuke.cfm "White House Rebukes OSC Director"] , "Washington Blade", April 2, 2004] Bloch issued a statement that after conducting a legal analysis: "It is the policy of this administration that discrimination in the federal workforce on the basis of sexual orientation is prohibited." [http://www.osc.gov/documents/press/2004/pr04_03.htm "Results of Legal Review of Discrimination Statute"] , OSC press release, April 8, 2004]

This did not satisfy gay rights organizations, which claimed a lack of enforcement of the policy. The OSC has still not restored the language on its website or printed materials. [ [http://www.washblade.com/print.cfm?content_id=2667 "Gay Workers Now Protected as OSC Reverses Stance"] , "Washington Blade", April 16, 2004] [The only results of a Google search of the OSC website for "sexual orientation" are a few press releases [http://www.google.com/search?q=%22sexual+orientation%22+site%3Aosc.gov&btnG=Search] . There is no information for federal employees on how to file antigay bias complaints, as the site contained prior to Bloch's tenure.] Notably the Federal GLOBE (Gay, Lesbian, Bisexual Employees of the Federal Government) called for Bloch's resignation. [ [http://www.fedglobe.org/press/oct072004.html "Federal GLOBE Joins Congressional Call to Fire OSC Head Scott Bloch"] , Federal GLOBE, October 7, 2004]

Bloch later retracted his statements and stated his office did not have the legal authority to protect employees from workplace discrimination on the basis of sexual orientation. (see Refusal to Investigate Complaints below)

Refusal to investigate complaints

Media sources, Congress, and gay rights organizations continued to criticize Special Counsel Bloch and the OSC's lack of enforcement of its policies, particularly in regards to dismissing gay discrimination complaints.

For example, Michael Levine, a 65-year-old and openly gay radio technician, claimed that, after he blew the whistle on a coworker's and his supervisor's workplace misconduct, a personnel officer engaged in retaliatory action against him: pursuing knowingly false allegations of child pornography against Levine, suspending Levine for 14 days, seizing his computer, and referring to gay people as "those fucking faggots". [http://www.washblade.com/print.cfm?content_id=5035 "OSC Rejects Gay 'Whistleblower'"] , "Washington Blade", March 4, 2005]

One year after filing both a retaliation and antigay discrimination complaint with the OSC, Levine received a letter from the OSC on December 28, 2004. Without interviewing even a single witness, the OSC wrote that it was unable to investigate the complaints because only conduct, not sexual orientation, was protected under the Civil Service Act of 1978 -- a reversal of Bloch's April 8, 2004 statement that sexual orientation-based discrimination was prohibited due to imputed conduct and therefore that the OSC has the authority to pursue such complaints.

After being embroiled in a related "internal purge" controversy (see below), Special Counsel Bloch testified before a Senate panel on May 24, 2005 and reiterated his original position that he lacked the authority to protect federal employees on the basis of sexual orientation. [ [http://www.washingtonpost.com/wp-dyn/content/article/2005/05/24/AR2005052401496.html "Official Says Law Doesn't Cover Gays"] , "Washington Post", May 25, 2005] The next day, the Log Cabin Republicans called on Bloch to resign. [ [http://online.logcabin.org/news_views/log-cabin-calls-on-scott-bloch-office-of-special-counsel-to-resign.html "Log Cabin Calls On Scott Bloch to Resign"] , Log Cabin Republicans, May 25, 2005]

Reorganization or internal purge

In January 2005, the controversy escalated when Bloch ordered twelve OSC staffers, including the only two known gay employees, to transfer to distant cities or lose their jobs. "2 Gays Among Those 'Purged' by OSC Boss", "Washington Blade" (January 28, 2005) [http://www.washblade.com/2005/1-28/news/national/2gays.cfm] ] Bloch was accused of conducting a political purge of OSC employees by three government watchdog groups (the Government Accountability Project, the Project on Government Oversight, and Public Employees for Environmental Responsibility), two federal trade unions (the American Federation of Government Employees and the National Treasury Employees Union), an LGBT rights organization (the Human Rights Campaign), and the OSC employees themselves. [ [http://www.washingtonpost.com/wp-dyn/articles/A52805-2005Jan31.html "Reorganization of Special Counsel's Office Raises Concerns in Congress"] , "Washington Post", February 1, 2005]

The "Washington Blade" reported that, according to unnamed sources "familiar with the agency", the employees had been targeted partly because of their disagreement with diminishing the jurisdiction of the OSC in prosecuting antigay workplace discrimination. [http://www.washblade.com/2005/2-18/news/national/gayosc.cfm "Gay OSC Employee Fired For Refusing Transfer Order] , "Washington Blade" (February 18, 2005)] Both of the gay staffers had been critical of reducing OSC's role. Another of the twelve employees had reached a favorable settlement on behalf of a gay federal employee who filed a discrimination complaint against his supervisor. In the end, ten of the twelve employees resigned. [http://pogo.org/m/gp/gp-swecker-03312005.pdf Amendment to Complaint of Prohibited Personnel Practices Against Special Counsel Scott Bloch] , filed by the Project on Government Oversight (March 31, 2005)] Meanwhile, according to complaints, at least one staffer who had been supportive of Bloch's interpretation was promoted.

In October 2005, the US Office of Personnel Management ordered an investigation of claims that Special Counsel Bloch retaliated against employees who disagreed with his policies. Ironically, the OSC would ordinarily oversee such whistleblower disputes. The probe is also investigating whether Bloch showed an antigay bias in refusing certain whistleblower and discrimination claims.

In February 2007, Bloch was again accused of unfair supervisor practices when several of his staffers complained they felt coerced into not cooperating with the OPM probe. Bloch's deputy issued a memo urging OSC employees to only meet with probe investigaters in a certain conference room and to report their interactions to their supervisors. Employees reported other attempts to obstruct the investigation including "suggestions that all witnesses interviewed... provide Bloch with affidavits describing what they had been asked and how they responded." [ [http://www.washingtonpost.com/wp-dyn/content/article/2007/02/15/AR2007021501725.html "Special Counsel Accused of Intimidation in Probe"] , "Washington Post" February 16, 2007]

Under investigation for the alleged improper deletion of emails on office computers

Scott Bloch is under investigation for the alleged improper deletion of emails on office computers. [cite web|url=http://online.wsj.com/article/SB119621772122306160.html?mod=hps_us_whats_news|title=Head of Rove Inquiry in Hot Seat Himself|date=2007-11-28|publisher=Wall Street Journal]

It's alleged that Scott Bloch erased the files on his office personal computer in 2007, and that the FBI is trying to determine whether the emails were deleted improperly. The inspector general of the Office of Personnel Management is examining the case at the urging of the White House.

The Journal reports that Bloch called the tech support service Geeks on Call for help deleting computer files instead of using his agency's own in-house computer technicians. Bloch confirmed that he contacted Geeks on Call, but insisted that it was to remove a computer virus.

Earlier this month, a federal judge ordered the White House to save all of its emails in response to lawsuits from two private organizations, Citizens for Responsibility and Ethics in Government, and The National Security Archive. The groups allege that as many as five million White House emails are missing.

FBI raid

On May 6, 2008, FBI agents raided Bloch's offices. NPR and the "Wall Street Journal" reported that the raids were in relation to an investigation into allegations of obstruction of justice by Bloch's office. [ [http://www.abcnews.go.com/Blotter/story?id=4797325&page=1 FBI Raids Bush Official's Office] ] The "New York Times" reported that the investigation concerned whether Bloch had hired an outside company to "scrub" computer files to prevent an inquiry into whether he had violated the Hatch Act by mixing politics with his job, which is to shield whistleblowers. [cite web|author=David Stout|title=F.B.I. Raids Office of Special Counsel|publisher=New York Times|date=2008-05-07|url=http://www.nytimes.com/2008/05/07/washington/06cnd-inquire.html]

As part of an investigation into destruction of evidence, Bloch's person was searched and two portable memory devices were recovered. [cite web|url=http://www.npr.org/templates/story/story.php?storyId=90298257|title=FBI Searched Bloch, Seized Flash Drives|date=2008-05-08|publisher=NPR]

References

External links

Background

* [http://www.osc.gov/specialcounsel.htm Official bio on OSC website]
* [http://hsgac.senate.gov/_files/shrg108318bloch.pdf Transcript of Bloch's nomination hearing] pdf
* [http://www2.ljworld.com/news/2002/apr/07/bloch_on_bloch/ "Bloch on Bloch"] , "Lawrence Journal-World", April 7, 2002. Scott Bloch on his grandfather, Albert Bloch.

Federal complaint and investigation of Bloch

* [http://www.kmblegal.com/index.php/114/Letter_to_Fred_Fielding "Letter to Fred Fielding"] , Katz, Marshall and Banks, October 9, 2007
* [http://www.washblade.com/2004/3-19/news/national/council.cfm "Bush's Special Counsel Tied to Anti-Gay Groups"] , "Washington Blade", March 19, 2004
* Complaint of Prohibited Personnel Practices Against Special Counsel Scott Bloch, from Project on Government Oversight website (filed March 3, 2005) [http://pogo.org/m/gp/gp-OSCcomplaint-03032005.pdf Complaint] [http://pogo.org/m/gp/gp-OSC-exhibits-03032005.pdf Exhibits]
* [http://www.npr.org/templates/story/story.php?storyId=4528641 "Federal Whistleblower Office Faces Criticism"] , National Public Radio, March 9, 2005
* [http://www.govexec.com/story_page.cfm?articleid=32592 "OPM Investigator Launches Probe of Office of Special Counsel Chief"] , Govexec.com, October 19, 2005
* [http://www.motherjones.com/news/feature/2007/05/dont_whistle_while_you_work.html "Office of Special Counsel's War On Whistleblowers"] , "Mother Jones", April 24, 2007

Other criticism and Bloch's response

* [http://www.washingtonpost.com/wp-dyn/content/article/2006/09/06/AR2006090601771.html "A Published Dress Code is Dressed Down in Furor"] , "Washington Post", September 7, 2006
* [http://www.washingtonpost.com/wp-dyn/content/article/2006/09/10/AR2006091000790.html "Special Counsel Cancels Award Ceremony for Whistle-Blower"] , "Washington Post", September 11, 2006
* [http://www.washingtonpost.com/wp-dyn/content/article/2006/09/22/AR2006092201464.html "Protecting Whistle-Blowers and the Public"] , op-ed by Scott Bloch in "Washington Post", September 23, 2006 :"written in response to the "Post"'s September 11, 2006 article"
* [http://govexec.com/story_page.cfm?articleid=35455 "Report Shows Little Progress Reducing Case Backlog at OSC"] , Govexec.com, November 9, 2006
* [http://www.inthesetimes.com/article/2159/ Scott Blochs Sad Saga]

Alberto Gonzalez investigation

* [http://www.washingtonpost.com/wp-dyn/content/article/2007/04/23/AR2007042301995.html "GSA Briefing Now Part of Wider Investigation"] , "Washington Post", April 24, 2007
* [http://www.washingtonpost.com/wp-dyn/content/article/2007/04/24/AR2007042402438.html "Task Force to Examine Alleged Improper Politicking"] , "Washington Post", April 25, 2007
* [http://thehill.com/leading-the-news/agency-watching-the-agencies-walks-fine-line-on-conflict-of-interest-issues-2007-04-25.html "Agency Watching the Agencies Walks Fine Line on Conflict-of-Interest Issues"] , "The Hill", April 26, 2007
* [http://www.motherjones.com/washington_dispatch/2007/04/bloch.html "Karl Rove's Least Likely Interrogator: Scott Bloch and the Office of Special Counsel"] , "Mother Jones" (April 25, 2007)