In a recent development pertaining to the ongoing Senate investigation into allegations of sexual misconduct at the Coast Guard Academy, Coast Guard officials have reaffirmed that nondisclosure agreements (NDAs) should not prevent service members from cooperating with the inquiry. This statement comes after senators expressed concerns that the NDAs were impeding their access to vital information.
Adm. Steven Poulin, vice commandant of the Coast Guard, released an all-Coast Guard message on April 18, addressing concerns raised by Sen. Ted Cruz, R-Texas. Cruz claimed that the NDAs were being used to block victims of sexual assault from discussing their experiences, including with Congress. In his message, Poulin emphasized, “The intent has not been, and is not, to restrict any individual’s right to make protected disclosures to Congress, the Office of the Inspector General, Office of Special Counsel, or to make internal reports within the chain of command.”
The NDAs in question came under scrutiny amid the Senate’s investigations into Operation Fouled Anchor, a report based on a six-year inquiry that was brought to light only after media intervention. The Coast Guard had kept Congress in the dark about the existence of the report until its exposure, leading to claims of a cover-up by lawmakers.
Sen. Cruz acknowledged the Coast Guard’s prompt response following his April 8 letter to Adm. Linda Fagan, commandant of the Coast Guard. Cruz stated, “Within a day of my letter alerting the commandant to the issue, the Coast Guard ended this indefensible practice.” Moreover, Cruz added, “The Coast Guard has now notified every Coast Guardsman that NDAs may not silence victims of sexual assaults, nor do they prevent anyone else from blowing the whistle to Congress or the inspector general.”
The Senate Permanent Subcommittee on Investigations, led by Sens. Richard Blumenthal, D-Conn., and Ron Johnson of Wisconsin, has also been probing the matter. They have expressed frustration over the Coast Guard’s failure to provide all requested documents and information. In a written demand, the senators told Fagan, “Simply put, the Coast Guard’s lack of responsiveness stands in stark contrast to your previous commitments to be fully transparent with Congress and the American people.” They have set a deadline until May 15 for the Coast Guard to supply all the necessary records without redactions, warning that failure to comply might lead to the use of compulsory measures to ensure cooperation.
The implications of this clarification on NDAs are significant, as they are meant to protect individual privacy, integrity of ongoing investigations, and other sensitive material. However, they should not hinder the right to report violations or engage in whistleblowing activities that are protected by federal law.
Relevant articles:
– Coast Guard says nondisclosure agreements should not stop cooperation in Senate’s investigation of academy scandal, Stripes, 05/02/2024
– Coast Guard Quickly Ceases Unlawful Use of Nondisclosure Agreements to Silence Sexual Assault Victims, Texas Border Business, 05/01/2024