Walpin sues for wrongful termination
posted at 12:00 pm on July 18, 2009 by Ed Morrissey
Gerald Walpin has not taken his dismissal as Inspector General for the Corporation for National and Community Service lying down yet, and apparently doesn’t plan to go quietly soon, either. Walpin filed a lawsuit against the CNCS for unlawful termination. He accuses the parent agency of AmeriCorps, and indirectly the administration, of politicizing his office and removing him illegally because he refused to agree to a settlement in a fraud case that let an Obama backer off the hook and with access to federal funding:
Gerald Walpin, the AmeriCorps inspector general who was summarily fired in June amid controversy over his investigation of a politically-connected supporter of President Obama, has filed suit alleging that the firing was “unlawful,” “politically driven,” “procedurally defective” and “a transparent and clumsily-conducted effort to circumvent the protections” given to inspectors general under the Inspectors General Reform Act of 2008.
Walpin’s suit, filed in U.S. District Court for the District of Columbia, is against the Corporation for National and Community Service, which oversees AmeriCorps. Also named are Nicola Goren, the acting CEO of the Corporation, Frank Trinity, its general counsel, and Raymond Limon, the Corporation’s “chief human capital officer.” The suit asks the court to declare Walpin’s firing unlawful and restore him to his position as the Corporation’s inspector general. …
In the suit, Walpin alleges that all three actions were violations of the job protections given to inspectors general. “There have been at least three attempts to unlawfully remove Mr. Walpin from his post,” the suit says, “the first orally on June 10; the second by writing on June 11; and the third by writing on June 16.”
In addition, Walpin charges that the White House, in its eagerness to remove him for political purposes, never investigated the reasons it cited for the firing. “In the haste to remove Mr. Walpin from his post, not only were there…failures to comply with the statutorily-mandated procedures to preserve the integrity of the Inspector General post from politically motivated job actions,” the suit says, “no investigation was made into the facts alleged as the basis for Mr. Walpin’s termination. In particular, there was no attempt to interview Mr. Walpin or ay members of the staff of the Office of Inspector General who were personally involved in each of the [investigations], nor any of the board members.”
Walpin hasn’t asked for damages in this suit, at least not yet. He wants his attorney costs reimbursed, but mainly he wants the court to force the Obama administration to reinstate him as the IG. Such a determination would underscore the need for IGs to remain politically independent of the executive, especially once they discover fraud involving a presidential contributor.
How realistic would this be? A lawsuit may take years to resolve, and the Obama administration will certainly appeal any judgment against it, either verdicts or injunctions. Walpin is 77 years old now. Realistically speaking, Walpin has almost no chance of effectively winning back his job through the courts. His best hope would be a Republican takeover of Congress in 2010, followed by a real investigation into how Norman Eisen, Obama’s Special Counsel for Ethics and Government Reform, tried to intimidate Walpin into resigning, and then smeared him as senile when that blew up in Eisen’s face.
Byron York has done a good job of sticking to this story; be sure to read all of his latest report and follow the links to his earlier reports. Here are the links to our earlier posts:
- Federal IGs object to attack on independence
- York: Walpin firing a railroad job
- How “confused and disoriented” was Walpin at that meeting?
- How to write a NYT article on an Obama controversy
- Obama has fired 2 IGs in 2 weeks, leashed another
- Sweet: Glenn Beck gives Gerald Walpin a senility test
- FBI probing obstruction of justice in related Walpin case; Update: Walpin breaks out the Obamateurism defense
- Obama playing hardball on Walpin as key Dem calls foul
- The curious firing of Gerald Walpin gets … curiouser
- Obama cronyism: Going after AmeriCorps IG on behalf of contributor; Update: A Michelle Obama connection?
Blowback
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This will be huge!
katy on July 18, 2009 at 12:03 PM
Good for Walprin filing the lawsuit. But I would much prefer a 2010 victory and a Congressional investigation.
myrenovations on July 18, 2009 at 12:05 PM
I wouldn’t think a man with dementia would be able to handle such a case… or eloquently string together such a defense…
/s
Skywise on July 18, 2009 at 12:06 PM
I wish that it was easier to sue the federal government. There is so much that they should be required to answer for but instead their malpractice is just passed onto the the taxpayer and no one says anything.
Cindy Munford on July 18, 2009 at 12:07 PM
Walpin better be very clear on this point. If he is reinstated as IG, Obama will find ways to make his work impossible. Hopefully Walpin’s attorneys are smart enough to set up ground rules for his return so that Obama cannot change to game.
katy on July 18, 2009 at 12:07 PM
Michelle: Can’t I just till my [lead] garden.
WashJeff on July 18, 2009 at 12:07 PM
Fight! Fight Dammit!
If only our GOP had half the balls.
Chaz706 on July 18, 2009 at 12:08 PM
I’m so glad he’s doing this. It will be a Pyrrhic victory in the sense that yes, he’s too old to go through the process and get his job back, but he can certainly make this very costly for the Democrats. No matter how the media tries to hush it up for Dear Leader, the total weight of all these failures and scandals will eventually tip the scales.
The problem is that the GOP may end up regaining power without being required to reform. The pork, corruption, and scandals on our side of the house have really not been addressed.
Laura on July 18, 2009 at 12:08 PM
God bless Gerald Walpin. I was hoping he would do this. I was so afraid that he would go quietly into the night. He has guts. I hope he starts a legal fund soon. I would contribute. Get Michelle Obama, too. Get the whole group of thugs in the White House. I want my country back.
BetseyRoss on July 18, 2009 at 12:09 PM
If you see the drop in party affiliation for both parties… I’m beginning to think the public won’t allow that again. That’s largely how Bush II won over Gore.
Chaz706 on July 18, 2009 at 12:10 PM
WalpinGate!
Has a nice ring, but this story will go no where.
Sad.
We must pass healthcare now Comrades!
Knucklehead on July 18, 2009 at 12:11 PM
Why does Obama hate the elderly?
29Victor on July 18, 2009 at 12:11 PM
I wish individuals or groups could challenge the constitutionality of laws created by congress. I always thought an amendment that:
(A) required all laws cite which article in the constitution provides congress the power to make the law.
(B) All bills must have an acurate title and all parts of the bill must directly relate to the title of the bill.
(C) Citizens can challenge the constitutionality of laws created by congress.
Would be nice…but a pipe dream.
WashJeff on July 18, 2009 at 12:11 PM
Of course she can. I hear Canon City Womens Facility has a outdoor gardening program.
katy on July 18, 2009 at 12:13 PM
An cap and trade, dare we hit 70 in Chicagoland today!!!
WashJeff on July 18, 2009 at 12:13 PM
Here’s the first Ranger to hit the beach and begin climbing Point Du Hoc. His ropes will get cut, he’ll get shot at, but he’ll continue to climb. Under withering fire and with the courage and conviction that he is right, eventually he’ll reach the top and help liberate a country.
okay, different story–but you get the picture
ted c on July 18, 2009 at 12:14 PM
You’re kidding! You mean the ACLU hasn’t stepped up to his defense yet?
PatMac on July 18, 2009 at 12:14 PM
Palin will be a fly in that ointment.
katy on July 18, 2009 at 12:15 PM
This will be just one more nail in the Ogabe coffin. But it will require us to take back congress in 2010. There will be a plethora of special investigations of the administration and their underlings. I just hope they find the chink in the ones armor and tie one of these things to him.
conservnut on July 18, 2009 at 12:15 PM
Sounds like a Bed and Breakfast.
Cindy Munford on July 18, 2009 at 12:16 PM
Fight fight fight!!! Robert Stacy McCain has been doing great work on this too by the way.
paustin110 on July 18, 2009 at 12:17 PM
I can’t help it, I have to link to this.
conservnut on July 18, 2009 at 12:17 PM
WalpinGate!
Has a nice ring, but this story will go no where.
Knucklehead on July 18, 2009 at 12:11 PM
It will go somewhere as long as the non-liberal media and right wing blogosphere vow to keep it alive and cover every detail. Of course the liberal MSM is going to bury it. But at the end of the day it doesn’t matter how long it drags out or even if Walpin wins or not – just so long as the sordid facts come out in court. Call it one more for the Obama dossier.
Sharke on July 18, 2009 at 12:18 PM
Michelle (in Klingon): chaw’ ghotpu Sop Dev Soj
Translation here.
WashJeff on July 18, 2009 at 12:18 PM
There may be but a slim chance for Mr. Walpin, but Messiah & Co. have to be confronted every time they go outside the law. 2010 won’t matter if we allow them to do whatever they want with nothing substantial in response.
n0doz on July 18, 2009 at 12:19 PM
This is the reason for the sense of urgency on the health care bill. They’re hoping Walpin dies under ObamaCare before this goes too far.
PatMac on July 18, 2009 at 12:19 PM
Nail, meet head.
Sharke on July 18, 2009 at 12:21 PM
Gaw, that was stupid wasn’t it? The head’s already on the nail.
Sharke on July 18, 2009 at 12:21 PM
Great move.
Does anyone have a link to the complaint?
LASue on July 18, 2009 at 12:22 PM
This could be…good.
Bob's Kid on July 18, 2009 at 12:23 PM
That would be a negative, I had to turn the heat on this morning to take the chill off in my place.
Now get busy my Right Wing Extremist friends and turn me in to Al Gore.
Knucklehead on July 18, 2009 at 12:23 PM
I don’t think you want it to be easier. Pandora’s box, that.
Think Alaska.
No, repudiation in 2010 AND 2012 is the way to go.
if we still have a country and enough smart people left.
Lanceman on July 18, 2009 at 12:24 PM
Very interesting to see someone stand up to the messiah. With Obama’s Chicago thug tactics it will be hard to win since the intimidation of those involved with the case will be unbelievable. The One does not deal with insubordination well. Walpin winning could be a pivotal step in the right direction.
volsense on July 18, 2009 at 12:24 PM
I hate you guys :-)
conservnut on July 18, 2009 at 12:25 PM
I still laugh at the memory of Glenn Beck giving this guy the Alzheimer’s test on air. Because it was pretty awesome.
mjk on July 18, 2009 at 12:28 PM
Not to highjack this thread with healthcare discussion, but when I was a student nurse in Canada, there was this story about this guy who had a leg amputated due to gangrene. But the nurses/pre op area was in a rush. They marked the wrong leg. So he had to have the other one amputated (the correct leg for the procedure). so he had no legs and no recourse to sue the doctors/hospital/etc because he would essentially be suing the Canadian government and that wouldn’t go anywhere. Of course this was while Cretien was PM and you know libs….
mjk on July 18, 2009 at 12:31 PM
This is going to get very interesting.
coldwarrior on July 18, 2009 at 12:35 PM
“PRESS ON!”
Khun Joe on July 18, 2009 at 12:35 PM
So awesome. So very, very awesome. Let’s support him in any way we can. I wish he’d have some Support Walpin website…I know, cheesy.
Mommypundit on July 18, 2009 at 12:36 PM
What…are you hoping to reach 60 today?
WashJeff on July 18, 2009 at 12:36 PM
No way will Obama, Rahm, or Axelrod allow this thing to be played out, either in the courts or the media. Eisen takes the fall, Walpin is quietly reinstated, then shuffled off to a corner somewhere, where he won’t be any more trouble.
Mr. Pickles on July 18, 2009 at 12:37 PM
I am going with the Democrat argument on this one, will pass the law first and tweak the problems later. I am not serious and you are probably right but there should be away to demand competence in non elected government employees besides a promotion if the taxpayer gets ripped off. Only people who fight for the taxpayers get fired, how does that not qualify as an alternate universe?
Cindy Munford on July 18, 2009 at 12:41 PM
AARP was unavailable for comment.
I agree. Beck can be way over the top on occasion, but always on a commonsense level. He’s done a pretty good job looking into ACORN. That’s a cancer that needs to be excised. It’s one thing to allow the entity to operate as a tax-exempt entity; it’s another to use federal tax dollars to fund it. Why are we giving knives to groups that they use to stab us in the back?
Go Walpin. Keep it in the news.
BuckeyeSam on July 18, 2009 at 12:41 PM
Is there a Walpin support website where we can send $$ if we want to? Will they take california IOUs? Food stamps..? a chicken?
ted c on July 18, 2009 at 12:44 PM
heh
katy on July 18, 2009 at 12:45 PM
WAlpin at 77 wants to take on OBAMA! Heck YES!! Fire Steele and hire this guy to lead the GOP.Someone with some “stones.”
Jeff from WI on July 18, 2009 at 12:47 PM
LOL….the way things are going, better hang on to that chicken.
Jeff from WI on July 18, 2009 at 12:48 PM
59 right now just to your north. Global warming my
Jeff from WI on July 18, 2009 at 12:49 PM
Agreed. We need to financially support this man’s defense and help him in his quest to EXPOSE the brown shirt tactics of this administration. Someday, the rest of the media besides Glenn Beck and Byron York will HAVE to cover this story.
ReaganConservative3 on July 18, 2009 at 12:50 PM
This is exactly what should happen for every violation of the Constitution committed by this administration. Liberals have used the courts as their venue for making end runs around the Constitution for years. The tail has wagged the dog, but it’s time the dog took back control by whipping the tail into submission. Much of this administration’s actions are unconstitutional, but nobody, except Gerald Walpin, has thus far shown the courage of their convictions and taken the Violator-in-Chief and his minions to court. It is high time someone with standing pushed back against the underhanded bullying done by the WH. Gerald Walpin is plowing the road for those who would follow in his footsteps by showing them how to “take the sons of b!tches down” (channeling the film “Independence Day”).
College Prof on July 18, 2009 at 12:53 PM
He better get in there before Sotomayor gets elected in.
just-j on July 18, 2009 at 12:54 PM
Bingo. Thankfully, the whole Obama clan and it’s sycophants are low-down on the basic intelligence and aptitude scales. A REAL politician would have easily dealt with the situation. Mr Walpin would’ve simply been reassigned to a corner office in some Federal building, and told to report for work daily and await an assignment.
He’d be allowed to show up every day, draw his pay and do nothing, absolutely nothing. If he decides he’s had enough he can retire. If he decides to stop showing up and cooling his heels in his office, then they have grounds to terminate him.
Bit Obama is a clueless jackass, too full of himself to actually understand these sorts of things. He’s the little Fuhrer, demanding people listen to him, demanding that his policies be made law, or by golly he’s gonna go on TV and tell the ‘Merican people about it.
What this country REALLY needs is a voter-competency test to weed out the frikkin’ knuckleheads who voted for this @ssclown in the first place.
AW1 Tim on July 18, 2009 at 1:00 PM
There is a way.
It’s called elections have consequences.
We on the right will always be fighting an uphill battle.
Unless we elect some Glenn Becks on our side and get a couple more FOX newses out there.
The bastards have us surrounded. Fortunately, most of the time, they’re the gangs who can’t shoot straight.
Hard to be a crackshot every time without logic propelling the bullet.
Lanceman on July 18, 2009 at 1:02 PM
He better be looking for some personal security people as well…just to be safe.
d1carter on July 18, 2009 at 1:03 PM
+1
“All that is necessary for the triumph of evil is that good men do nothing. Best of luck, Mr. Walpin. Hope Byron York stays on top of this.
4Freedom on July 18, 2009 at 1:03 PM
Good for him.
AnninCA on July 18, 2009 at 1:06 PM
If the shoe was on the other foot with Walpin suing a Republican administration for discrimination there would be thousands of paid protesters on the streets (waving signs they couldn’t even read) and the story would be on page 1 of the NY Times and dozens of other newspapers. Walpin’s picture would be on the cover of ‘Newsweek’ and ‘Time’.MSM commnentators on all networks and CNN would feature Walpin’s plight and there would be a call to censure the Republicans on the House and Senate floors-as well as for a special prosecutor to conduct an investigation.Late night comedians would dress up in Nazi uniforms to disparage Republican tactics and, if it could be discovered that Walpin had a drop of non-white or ethnic blood-that too would be utilized.Plus there would be dozens of TV ads paid for by Democratic-friendly Wall Street investment banks.
But since Walpin was fired illegally by a “rock star” Democratic idol none of the above will occur and the story will be dead in a month.
MaiDee on July 18, 2009 at 1:09 PM
Give ‘em hell, George!
pilamaye on July 18, 2009 at 1:10 PM
You had better hang on to the chicken and get a rooster.
thomasaur on July 18, 2009 at 1:10 PM
I’ll be happy if we don’t hit 100! But that’s ok, the laugh will be all mine come January.
conservnut on July 18, 2009 at 1:18 PM
I think Walpin knows he’s next to not likely getting his job back. I believe this is simply a ploy to get more public attention on it that may create more pressure for it to be investigated.
Enoxo on July 18, 2009 at 1:18 PM
Right now, in Sacramento and in Washington, the shredders are running.
Can’t respond to a subpoena duces tecum if there aren’t any documents.
coldwarrior on July 18, 2009 at 1:30 PM
Good for him. More guts than our republican congress.
lonestar1 on July 18, 2009 at 1:30 PM
Trust me, I have no problem at all changing folks at election time. But I am not sure what that will do to change the attitude of the “career” employees at the federal level that turn a blind eye to the robbery of the taxpayers.
Cindy Munford on July 18, 2009 at 1:30 PM
This is great.
Mojave Mark on July 18, 2009 at 1:32 PM
I would hope Walpin’s lawyers have filed a petition to the Court to impound all Americorps, Sacramento city, and White House documents, servers, computers, archives and extraneous matter immediately.
coldwarrior on July 18, 2009 at 1:35 PM
Go, Walpin, go! It’s about time somebody stood up to these thugs. These crooked organizations like Americorps and ACORN need to be exposed for the criminal enterprises that they are, and then Americans need to demand that our idiot Congress stop funding them with our tax dollars. And, of course, no more “community organizers”/thugs-in-chief in the White House.
AZCoyote on July 18, 2009 at 1:42 PM
Go for it Mr. Walpin. If the court asks for precedent mention Archibald Cox.
viking01 on July 18, 2009 at 1:46 PM
In today’s media environment, the story won’t even break.
RedbonePro on July 18, 2009 at 1:52 PM
Way to go Jerry! Kick this Chicago punk`s butt!
Jayrae on July 18, 2009 at 1:58 PM
Good point.
Hopefully, Sarah will fire everybody after the inauguration.
Lanceman on July 18, 2009 at 2:09 PM
The problem is that the GOP may end up regaining power without being required to reform. The pork, corruption, and scandals on our side of the house have really not been addressed.
Laura on July 18, 2009 at 12:08 PM
After the Dems finish imploding, Sarah will take care of the GOP.
heshtesh on July 18, 2009 at 2:16 PM
An IG needs to have the strength of his convictions. When he sees something wrong, he needs to report it and stand by that report. Looks like Walpin is standing, and very tall, by the way. Maybe he can help give others a backbone
billypaintbrush on July 18, 2009 at 2:20 PM
An cap and trade, dare we hit 70 in Chicagoland today!!!
WashJeff on July 18, 2009 at 12:13 PM
Is that like the new 90?
heshtesh on July 18, 2009 at 2:21 PM
LOL. That’s rich after you began posting by saying this ……….
Congrats, you just made an @ss of yourself.
fogw on July 18, 2009 at 2:55 PM
sorry wrong post
fogw on July 18, 2009 at 2:55 PM
If he asked for money or other consideration, the suit could continue after his job is moot and even after his death. It would be better if he were reinstated, failing that, it would be nice to have a couple of these crooks with a fedderal case hanging over their heads.
burt on July 18, 2009 at 3:00 PM
Mr Walpin is probably an expert on personal security. He also has been practicing law longer than Obama has been on this earth and he has the respect of the legal community. If Obama continues to go the senile route against Mr Walpin Obama will lose much of the support of the lawyers who supported him during the election.
Fight on Mr Walpin! Walk softly but carry a big stick.
journeyintothewhirlwind on July 18, 2009 at 3:05 PM
Where’s AARP and why aren’t they saying anything?
yoda on July 18, 2009 at 3:19 PM
This link explains Michelle Obama’s interest/role in the Walpin firing and investigation.
Get a barf bag, you’re going to need it.
The Obama administration = no morals or shame.
http://michellemalkin.com/2009/06/12/obamas-americorps-scandal-and-the-first-ladys-meddling/
Jason58 on July 18, 2009 at 3:22 PM
Man, the Obama administration is going to put Mr. Walpin in a world of hurt. I imagine their abuse of office to shut this guy up is going to make Nixon’s and Clinton’s antics against their political enemies look like child’s play.
Rational Thought on July 18, 2009 at 3:24 PM
SWEEEEEET!
RightWinged on July 18, 2009 at 3:27 PM
Go Go Mr. Walpin…. The best part about litigation is the discovery process…. I hope he has a great publicist to “leak” the discovery so that it is everywhere….
kringeesmom on July 18, 2009 at 3:56 PM
Good luck, sir. Give ‘em hell!
RedNewEnglander on July 18, 2009 at 4:51 PM
this is no BS. this NEEDED to be done. Mr. Walpin, you have my respect and support and I wish you success.
Willie on July 18, 2009 at 5:13 PM
The President should be named in this suite too. This man needs to be taken down a peg or 2.
Good Luck Mr. Walpin, your up against some real thugs.
mmcnamer1 on July 18, 2009 at 5:24 PM
Excellent! Let’s hope that this move by Walpin leads the other two fired IGs to file suit, as well. Demonstrating the politicization by the Obama thugs will have that much more weight.
onlineanalyst on July 18, 2009 at 6:06 PM
Walpin is suing for his honor, self respect and dignity. There’s no way he is letting that Board declare him unfit.
This suit allows him to see who’s who.
patrick neid on July 18, 2009 at 7:00 PM
***********STANDS UP AND CHEERS****************
Noelie on July 18, 2009 at 9:01 PM
So? The filthy liar attacked Walpins character. Sometimes lawsuits are about protecting reputations and doing what is right, not what is realistic. In all honesty, the filthy liar was so out of line by not following the process in place to fire IGs that they don’t want this case to come to light. Throw in that in all probablility this was done to protect the first whore’s protection of criminals and this lawsuit or Walpin will disappear very quickly.
highhopes on July 18, 2009 at 9:01 PM
Amerikorps needs to be investigated….and shut down. It is nothing else than a tax payers funded federal government arm of the Dem Party.
coldwarrior on July 18, 2009 at 9:32 PM
Totally agree with you; This man is an American hero for stadning up to this Administartion.
Red State State of Mind on July 18, 2009 at 9:42 PM
So who is responsible for upholding the constitution and shooting down these clowns? Ive only seen the word unconstitutional thrown around about 3 dozen times regarding to what assclown in chief has been up to. Yet crickets are what we hear.
TheVer on July 18, 2009 at 10:02 PM
The administration will settle to shut him up. After all, it’s just our money they’re spending to keep him quiet.
blue13326 on July 18, 2009 at 10:36 PM
Ditto!
BigMike252 on July 18, 2009 at 11:20 PM
Hey Grandpa- what’s for dinner.
country fried Obama with a heaping scoop of pelosi potato and Buttered green Reed.
served hot off the grill.
hawkman on July 18, 2009 at 11:48 PM
Exactly what I was thinking. The R’s in DC are a useless bunch.
Wine_N_Dine on July 19, 2009 at 12:04 AM
I am actualy surprised this doesnt have more posts. This is exactly the kind of news we need to address to our congressmen, “WTF is this fascism that you are not speaking out against!? Silencing critics by firing them without just cause is a of form of fascism.
El Guapo on July 19, 2009 at 2:57 AM
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