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  • Whistleblower Complaint Against Energy Secretary Rick Perry

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    Grant Stern
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    Edelman Energy Final Complaint Redacted 2018_Jan_4

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    Edelman Energy Final Complaint Redacted 2018_Jan_4

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    Whistleblower Complaint Against Energy Secretary Rick Perry

    Загружено:

    Grant Stern
    Edelman Energy Final Complaint Redacted 2018_Jan_4

    Авторское право:

    © All Rights Reserved
    Скачайте в формате PDF или читайте онлайн в Scribd
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    WHISTLEBLOWER OND Report government lawbreaking. Without breaking the lav, January 4, 2018 Ms. April Stephenson Acting Inspector General, U.S. Department of Energy 1000 Independence Avenue, Southwest Washington, DC 20585 Federal Energy Regulatory Commission Chairman Kevin J, Melntyre Commissioner Cheryl A. LaFleur Commissioner Neil Chatterjee Commissioner Robert F. Powelson Commissioner Richard Glick 888 First Sweet. Northeast Washington, DC 20426 U.S. Senate Committee on Energy and Natural Resources Senator Lisa Murkowski, Chairman Senator Maria Cantwell, Ranking Member 304 Dirksen Senate Office Building Washington, DC 20510 VIA EMAIL, U.S. MAIL & HAND DELIVERY, Re: Evidene Unlawful Termination Simon Edelman’s Dear Ms. Stephenson, Chairman McIntyre, Commissioner LaFleur, Commissioner Chatterjee, Commissioner Powelson, Commissioner Glick, Senator Murkowski, and Senator Cantwell, The Whistleblower Aid non-profit law firm represents Simon Edelman and his interests in the folowing mater. You ar ech: Secon ‘Mr. Edelman served as Chief Creative Officer in the Department of Energy’s O! Affairs from November 2015 until December 27, 2017. Mr. Edelman’s job responsibilities included taking photos of Energy Secretary Rick Perry at meetings with various other officials and supporters. Like all civil servants, Mr, Edelman swore an oath “to protect and defend the Constitution of the United States against all enemies, foreign and domestic.” Whistleblower Aid is a project of Values United, a U.S. tax-exempt, 501(c)(3) organization, EIN 26-4716045. WhisteblowerAidong, Anonmons access va Tor brovtser: WEAUALawSquiry7h&. onion Contac via SecureDrop ove Tor hp wa57gemcoret.on0n WHISTLEBLOWER ZO MD Report government lawbreaking. Without breaking the la On March 29, 2017, Mr. Edelman photographed Secretary Perry in a meeting with Robert “Bob” Murray, CEO of the Murray Energy Corporation. As with all photographs taken by U.S. government employees, Mr. Edelman’s photographs immediately entered the public domain. On or around November 28, Mr. Edelman became aware that he rightfully possessed public domain photographic evidence that Secretary Perry had engaged in public corruption and ethical violations with respect to Mr, Murray and the March 29 meeting. On November 30 and December 1, Mr. Edelman exercised his First Amendment rights and shared some of his public domain photographs with our free press. Mr, Edelman’s photographs were published by the online publication ir These Times on December 6." On December 7. in retaliation for exercising his First Amendment rights, Mr, Edelman was placed on administrative leave, had thousands of dollars of personal possessions unlawfully seized (as of the date of this letter, none have been retuned to Mr, Edelman), and was unlawfully terminated from his job effective December 27, 2017. L. Ther n_an inves! for evimin: corruption and federal ethics violations. ach ology of publicly-known events strongh ir er influence and a quid pro quo conspiracy to exchange favors between President Trump, Secretary Perry and Bob Murray. Mr. Bob Murray is one of the largest independent operators of coal mines in the United States, and founder of the Murray Energy Corporation. When Rick Perry was running for President in 2012 Mr. Murray hosted a fundraiser for Mr. Perry in West Virginia.’ Murray Energy gave then-Govemnor Perry $115,354 Mr. Murray held a fundraiser for candidate Donald Trump before the 2016 election, Murray Energy and its political action committee contributed $200,000 to Mr. Trump’s presidential campaign.’ On October 18, 2016, Mr. Trump promised, if elected, to “drain the swamp” of improper influence and lobbying in Washington, D.C.° "BOS Claim He Had “Nothing To Do with” Rick Perrys 1 Kate Aronolf, Exclusive Photos Contradict Murray Energy Coat Bailout, IN THESE Ties, December 6, 2017, hap:i“inthesetimes.com/features/murray_energy_trump_doe_coal_industry_grid_plan. tml See Exhibit B, attached. Alexander Bums, Perry raising with coal exec Murray, POLITICO, September 16, 2011, 4:35 PM, hitps:/'www: politico comistory/201 1/09/perry-raising-with-coal-exee-murray-0637 14 4 OpenSecrets report of Murray Energy for 2012 election eyele,hitpsz/www.opensecrets.org/orgsirecips.php? |-D0000221234etype~P&state~&sort-NELeyele-2012. 5 Darius Dixon & Erie Wolff, Trump coal backer wins big under Perry's power plan, POLITICO, November 6, 2017, 5:03, ‘AM, htips/Avww politieo.comistory/2017/11/06,trumps-coal-backers-energy-power-ick-perry-244535, 2 WHISTLEBLOWER Report government lawbreaking. Without breaking the law. Secretary Perry was appointed by President Trump, and sworn into office on March 2, 2017. He met with Mr, Murray twenty-seven days later, on March 29, With Mr. Murray at the meeting was Andrew Wheeler, a registered lobbyist who was later appointed by President Trump to serve as deputy administrator of the U.S. Environmental Protection Agency At the meeting, Mr. Murray asked Secretary Perry for policy changes that would directly benefit Murray Energy Corporation and Bob Murray’s personal financial position, Mr. Murray intended for this action plan to be implemented either by President Trump using his “emergency powers” or by Secretary Perry through Department of Energy regulation.’ One Murray Energy Action Plan document detailed steps to achieve a New Energy Plan premised on the need to preserve “American Coal and Grid Reliability During the meeting, accor 1 Murray “I think we can help you with this, Ina letter from August 4, 2017, Mr. Murray wrote that the day before, President Trump told John D. McEntee II], Special Assistant to the President, to “tell [National Economic Couneil Director Gary] Cohn to do whatever these two [Bob Murray and Charles Jones, CEO of FirstEnergy Corporation] want him to do.”* This is prima facie evidence of corruption, in a direct statement by Mr. Murray. The Department of Energy’s August 2017 Staff Report to the Secretary on Electricity Markers and Reliability" found that grid “reliability is adequate today.” The report also stated that the North American Electric Reliability Corporation (the nation’s statutorily-designated electric reliability organization) “believes [grid] reliability is adequate as measured by various metries,""” 6 ‘Trevor Hughes, Trump calls 10 ‘drain the swamp’ of Washington, USA TODAY, October 18, 2016, 5:17 PM, bntps:/www-usatoday.com/story/news/politieselections/2016/2016 10/1 8/donald-trump-raly-colorado-springs-ethies- lobbying-limitations/92377656/ 7 Darius Dixon & Erie Wolff, Trump coal backer wins big Under Perry's power plan, POLItiCO, November 6, 2017, 5:03 AM, hitps://www.politico.com/story/2017/11/06:trumps-coal-backers-energy-power-rick-perry-244535 (explaining that ‘Mr. Murray pressured President Trump to declare a power grid emergency and implement the action plan unilaterally; President Trump did not do so based on the advice of the Department of Energy), 8 See Exhibit A, Statement From Simon Edelman, attached, 9 cll. do nemts/393614 1-Murray-s-leters-to-Trump-administraion himl 10. STAFF REPORT 10 THE SECRETARY ON ELECTRICITY MARKETS AND RELIABILITY, August 2017, available ar hhups:/ivww.energy.gov/sites/prodi/fles/2017/08/136/Stafl%20Report?4200n %20Electricity %20Markets%20and Y420Reliability O:pdf. 1 dd a3. 12 Id a6 WHISTLEBLOWER Report government lavbreaking Without breaking the law. On September 28, claiming that “the resiliency of the electric grid is threatened," $ Perry sent the proposed “Grid Resiliency Pricing Rule” to the Federal Energy Regulatory Commission (*FERC"). The proposed rule closely tracked the Murray Energy Action Plan, Independent analysis said that Murray Energy Corporation stood to gain significantly, at the expense of American elect customers who would be forced to pay higher rates." serelary An independent study by the Rhodium Group found that “of all the major power disruptions nationwide over the past five years, only 0.00007 percent were due to fuel supply problems," Nevertheless, on the premise that fuel supply problems can cause disruptions in the power grid, Mr. Perry's proposed rule requires all coal plants within a specified region to keep 90 days” supply of extra coal on site as a contingency. The proposal’s specified region is a large portion of the market for Murray Energy Corporation. The regulation exeludes geographical regions where Mr, Murray’s coal competitors operate." In November 2017, Mr, Murray denied any involvement in Mr. Perry's Grid Resiliency Pricing Rule, reportedly saying “I had nothing to do with it.”” Mr, Murray's mendacious statement ~ contradicted by substantial documentary and witness evidence ~ is arguably evidence of a guilty mind. It was Mr, Murray’s lying that motivated Simon Edelman to share his public domain evidence with the American people. b.A conspiracy to provide favorable regulatory treatment in exchange for campaign lonations and support, as suggested by the publicly-known facts, amounts to the crime of public corruption and a violation of federal ethics rules. A“publie official” is guilty of the crime of corruption ihe or she: 13 Letter to the Federal Energy Regulatory Commission from Secretary Rick Peny, Re: Secretary of Energy's Direction that the Federat Energy Regulatory Commission Issue Grid Resiliency Rules Pursuant to the Secretary's Authority Under Section 403 of the Department of Energy Organization Act, September 28, 2017, available at hutps:/energy. gov’sites/prodlles/2017/09/f37/Secretary®%20Rick420Perry%4275%4201 etter%2010%20the%20Federal ‘420Energy%20Regulatory’420Commission.pdf. 14. Steven Muffon, An American energy plan straight from coal country, WASH, POST, December 8, 2017, _ttps://www.washingtonpost.com/business/economy/an-american-energy-plan-straight-from-coal- country/2017/12/08;1£207426-d6nb-1 127-a986-d0a9770d9a3e_story.htm!utm_term=cbe8 15463224 15 Trevor Houser, John Larsen, & Peter Masters, The Real Electricity Reliability Crisis, RHODIUM GROUP, October 3, 2017, brtp:/thg.com/notes/the-real-electricity-reliabilty-crisis. 16. Darius Dixon & Erie Wolff, Trump coal hacker wins big Under Perry's pawer plan, POLITICO, November 6, 2017, 5:03, ‘AM, https:/Avww politico.comy/story/2017/1/06/trumps-coal-backers-eneray-power-rick-perry-244535 17 Adam Aton & Benjamin Storrow, ‘! had nothing to do with it, Murray says of DOE grid rule, GREENWIRE, November 28, 2017, hitps:/www.eenews.net/greenwire?2017/11/28/stories/1060067471 4 WHISTLEBLOWER ZOMD Report government lawbreakng, ‘Without breaking the lav. directly or indirectly, corruptly . .. accepts... anything of value personally or for any other person... in return for . .. being influenced in the performance of any official act..." ‘The Supreme Court recently clarified that an “official act” includes “a determination before an cy." Secretary Perry's Grid Resiliency Pricing proposal for vote and implementation by FERC cial act that meets the standard of “determination before an agency.” Mr. Edelman believes that his public domain photographic evidence, combined with Secretary Perry’s statement that “I think we ean help you with this,” is probable cause to open a criminal investigation against Secretary Perry, in which Secretary Perry and his boss, President Trump, accepted cash in exchange for favorable regulatory treatment for Bob Murray's personal financial interests, Mr Edelman also believes the interactions between Mr, Murray, Secretary Perry, and President Trump meets the standard of criminal conspiracy.” Secretary Perry’s actions also violate the Fourteen Principles of Ethies for Federal Employees from Executive Order 12674.” The rules require that government employees “shall act impartially and not give preferential treatment to any private organization or individual.” Federal employees are required to avoid even the appearance of partiality in their official dealings. The Department of Energy website states that, “[a] violation of these rules could result in disciplinary action or, for certain offenses, prosecution under related criminal statutes on conflict of interest.” The Secretary’ actions favorable, targeted regulatory treatment lacking any rational basis exeept campaign donations for himself and President Trump, with even a verbal acknowledgement from Secretary Perry that he would “help” Mr. Murray “with this” - make a mockery of U.S. ethies rules. r. Edelman was unlawfully terminated for engaging in pr is jendment activity a. Mr. Edelman had a legal right to access and share the photos he took at the March 29 meeting between Secretary Perry and Bob Murray. The photographs that Mr. Edelman took as part of his official employment duties are not protected by copyright law, but are in the public domain. Any “work prepared by an of §201 2017), 19 Id, at §201(a)(3);, McDonnell v. US, Slip Opinion No. 15-474, June 27, 2016 at 21 20 18 USC. § 371 2017) (stating that “[i}fewo or more persons conspire ether to commit any offense against the United States, oF to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.”) Codified at 5 C.R.R. 2635. 22 Codified at 5 C.F.R. 2635. Ethies: Fourteen Principles of Ethical Conduct For Federal Employees, ENERGY.COV, available at hps://energy.gov/he/ethies-fourteen-principles-ethical-conduct-federal-employees, 5 WHISTLEBLOWER OAD Report government laubreaking, Without breaking the iw. employee” of the federal government “as part of that person's official duties” is “a work of the United States Government.” “Copyright protection . .. is not available for any work of the United States Government.” Rather, by default, such works are in the public domain. Presumably, Congress passed this law precisely to give the public unfettered access to photographs like Mr, Edelman’, Note that all of the photographs at issue in this case are unclassified. Mr, Edelman has never held a seeurity clearance, and has never handled classified information or documents, Mr. Edelman has never taken photos of, or even entered into, a secure information facility. When Mr, Edelman started at the Department of Energy, he was instructed to create a new, off the-shelf personal Google account to store the photographs taken in the course of his work, Mr Edelman created “cgaMNIND @em

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