Professionalism/Julia Davis and the Department of Homeland Security

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Background[edit | edit source]

Davis Reports National Security Breach on July 4, 2004[edit | edit source]

Julia Davis is a national security whistleblower. She is also a published author and a produced screenwriter.[1] Julia Davis is a member of the Academy of Motion Picture Arts and Sciences, Screen Actors Guild and other prestigious film industry guilds and organizations. She earned a Master’s degree in Aviation and Spacecraft Engineering. Following the terrorist attacks of 9/11, Davis worked for Department of Homeland Security’s (DHS) w:U.S. Customs and Border Protection (CBP) at San Ysidro Port of Entry, which connects San Diego to Tijuana, and is the busiest land border crossing in the world servicing 300,000 daily commuters. CBP is responsible for preventing criminals and terrorists from infiltrating the national borders. San Ysidro, in 2003, typically encountered 10-15 immigrants per month from “special interest” countries, as defined by the US State Department and Department of Justice as countries with links to terrorism. These immigrants require special procedures, including in-depth questioning and fingerprints. In the months leading up to July 4, 2004, DHS received intelligence reports of Al-Qaeda operatives attempting to penetrate US borders on Independence Day, which was designated as a "Date to Watch" of "Special Importance". On July 4, 2004, 23 aliens from “Special Interest” countries were processed through the port in a period of 10 hours. Davis noticed this unusual increase and discovered discrepancies in the process reports filed on these immigrants. She alerted Port Director of a possible security breach and intended to make a report to the Port's Intelligence Unit, only to discover that the entire DHS intelligence staff was on leave for the 4th of July holiday. Despite suggestions from the Port Director to file the report and await further instructions, Davis, following the protocol in a CBP employee manual reported her concerns to FBI Joint Terrorism Task Force .[2]

DHS Officials Retaliate[edit | edit source]

Two weeks after filing the reports, former CBP Commissioner Robert Bonner was approached by a Los Angeles Times reporter and asked about Julia Davis' report to the FBI/JTTF. Bonner immediately contacted San Ysidro Port management and asked whether Davis was under investigation for anything whatsoever. When Bonner was informed that Julia Davis was not under investigation, he directed Department of Homeland Security's San Diego office of Immigration and Customs Enforcement to investigate and discredit her. In a matter of weeks, Davis was subjected to 19 Internal Affairs investigations (that number later increased to 54 investigations). Her newly appointed supervisor, who previously served solely in an administrative capacity, proceeded to target Davis, along with other Port management. When it became evident that the DHS management intended to drive her from federal law enforcement through malicious investigations, mistreatment and harassment, Davis involuntarily resigned.

Davis filed a lawsuit against the Department of Homeland Security, which was determined in her favor. Judge Daniel Leach ruled that the government caused Davis to resign involuntarily, since no one would be able to continue working under such deplorable conditions. Federal Judge Leach also ruled that the government engaged in "illegal conduct" against Julia Davis. Shortly after she prevailed against the DHS in litigation, the agency escalated their reprisals by raiding her home with a Blackhawk Helicopter and a Special Response Team, with a total of 28 federal agents armed with assault weapons. In spite of not possessing a search warrant, the DHS spent over 1 hr. 45 min. searching the Davis' residence. Julia's neighbor, Matthew Judd, videotaped the raid. At the young age of 25, Judd mysteriously died several weeks later.

The DHS falsely claimed that Brittany Murphy provided a statement to support one of the government's 54 investigations against Julia Davis. Brittany Murphy formally refuted the falsehoods leveled by the DHS and issued a written rebuttal in support of Julia Davis. After being named as a witness in Davis' litigation, the DHS/ICE attempted to deport Murphy's husband (fiance at that time) Simon Monjack. Murphy and Monjack reported being wiretapped and followed, including aerial surveillance with helicopters. In 2009, Murphy died under suspicious circumstances. Her husband also died six months later. Brittany Murphy's death is currently being independently examined through the efforts of her father, as well as Julia Davis and her husband.

Julia Davis and her husband, BJ Davis, were twice maliciously prosecuted and falsely imprisoned. The Department of Homeland Security attempted to smear their reputations by making numerous false allegations against them, all of which were refuted during court proceedings. BJ and Julia Davis were subsequently vindicated of all criminal charges and the court declared them "factually innocent". The court also ordered the Department of Homeland Security to return everything taken from the Davis' home and office during two warrantless searches. BJ and Julia Davis sued the Department of Homeland Security and the government conceded by settling the case shortly before the trial. Even after the settlement the Davises continue to be subjected to government retaliation, having been targeted by the IRS per the request of the Department of Homeland Security. Congressional Committee on Ways and Means is currently investigating these retaliatory activities against BJ and Julia Davis in the IRS Political Discrimination Investigation.[3]

Whistleblowing[edit | edit source]

Whistleblowing is defined as revealing an act of corruption within an organization.[4] It is apparent that Jula Davis is a whistleblower; she properly reported violations in the processing of aliens from Special Interest Countries to the Port Director and due to his failure to act, she proceeded to make a formal report to the FBI/JTTF.[5]

Perception of Whistleblowers[edit | edit source]

The definition of whistleblowing suggests honesty and integrity, yet negative connotations discourage its occurrence. US Government agencies and companies often teach their employees to follow a protocol when they suspect wrongdoing. However, these are the same organizations that leave whistleblowers with tarnished reputations. Due to the failure of the mainstream media to properly report stories of many whistleblowers from all walks of life, the term "whistleblower" is incorrectly perceived to have negative connotations. To the contrary, without whistleblowers, corruption would flourish and criminal activities would continue unabated.[6]

Court Proceedings[edit | edit source]

The Whistleblower Protection Act of 1989 was created to supposedly protect federal whistleblowers from retaliation of agencies on which they reported. It created a set of court proceedings to investigate whistleblowers' complaints and protect them from any negative backlash. In reality, the very creators of the WPA referred to it as a "Frankenstein", since the WPA failed to provide meaningful protections for whistleblowers. [7]

Office of Special Counsel[edit | edit source]

The Office of Special Counsel investigates federal whistleblowing complaints so that people within government agencies have protection. This organization was mired in corruption and whistleblower retaliation from its conception. [8] [9]

Merit Systems Review Board[edit | edit source]

The Merit Systems Review Board is a quasi–judicial board that rules on the merit of the whistle blowing claims. They decide if the claims are founded or unfounded but they do not work to protect the actual whistleblower and their rights. This review board uses administrative law judges. MSPB statistically rules against whistleblowers in over 98 % of cases. [10][11]

Court of Appeals for the Federal Circuit[edit | edit source]

The Court of Appeals for the Federal Circuit is a court that considers appeals of MSPB cases. Between the years of 2000 and 2008 the Court of Appeals ruled on 203 cases, of which they ruled in favor of the whistleblower only 3 times. [12] [13]

Professionalism[edit | edit source]

Many regard Davis' behavior as professional, moral, and courageous. Andy Ramirez, founder of Law Enforcement Advocates council, says she, "being a person of high integrity and honor, has stood tall in the finest traditions of America’s best and brightest.”[14] Given the organizational obstacles and social pressures, Davis' actions were ethical and professional. In the long-standing tradition of the government's secret use of the Malek Manual to retaliate against whistleblowers, the government seeks to "Deny, Discredit and Destroy" the whistleblower. They always attempt to redirect attention to the whistleblowers' alleged flaws, rather than to discuss the substance of their whistleblowing disclosure.

After Julia Davis prevailed in her litigation against the Department of Homeland Security, she returned to the film industry. She wrote and produced a TV Series "Whistleblowers: The Untold Stories" and often appears on national network television as a National Security/Anti-Terrorism/Immigration expert. She continues to expose government corruption and support the plight of whistleblowers. Julia Davis serves as a Senior VP of Production for Fleur De Lis Film Studios and writes for the Los Angeles Homeland Security Examiner. Her articles were printed in various publications, including San Diego Reader and MyTek Life. They were also picked up as featured pieces by the Wall Street Journal and Dallas News.

Citations[edit | edit source]

  1. [1], IMDB
  2. [2], The Norman Goldman Show
  3. [3], Full Disclosure Network
  4. [4], The Free Dictionary Website
  5. [5], National Whistleblowers Center
  6. [6], The Whistleblower Directory
  7. [7], Wikipedia Article
  8. [8], Wikipedia Article
  9. [9], Government Website
  10. [10], Wikipedia Article
  11. [11], Government Website
  12. [12], Wikipedia Article