Pentagon likely destroyed evidence in NSA whistle-blower case

A federal watchdog has concluded that the Pentagon inspector general’s office may have improperly destroyed evidence during the high-profile leak prosecution of former National Security Agency official Thomas Drake.

The Office of Special Counsel, which is charged with protecting federal employees who provide information on government wrongdoing, said its review of the handling of the Drake case had determined that there is “substantial likelihood” that there had been “possible violations of laws, rules or regulations” in the destruction of the evidence.

The counsel office’s review, which was made available to McClatchy, states the allegations had been “transmitted” to the Justice Department’s inspector general for further investigation and that the Justice Department had agreed to open a probe by June 1.

John Lavinsky, counsel for the Justice Department inspector general’s office, declined to comment on whether an investigation was underway, saying it was his office’s practice not to either “confirm or deny the existence of investigations”.

Drake’s lawyers and the Office of Special Counsel also declined to comment.

The referral, contained in a document dated March 18, gives credence to Drake’s claims that the Pentagon inspector general’s office did not properly maintain his confidentiality after he cooperated in 2002 and 2003 with congressional inquiries and a Pentagon inspector general audit of the National Security Agency’s controversial surveillance programmes.