Silenced by Command: How Military Leaders Can Use Gag Orders to Suppress Whistleblowers and Shield Themselves from Scrutiny

LTC (Ret) Francesca Graham (Retired, Army – United states Military Academy), COO & Chief Advisor with the Walk the Talk Foundation, authored this article. This article's content is unchanged from the original published on the morning of November 16, 2024, with only the thumbnail graphic updated.

Did You Know: Department of Defense and Coast Guard leadership can issue No Contact Orders and Military Protective Orders to prevent whistleblowers and/or subjects of an investigation from communicating with their co-workers who were witness to the event(s) under question.

Here are some potential implications of this fact:

1. Obstruction of Whistleblowing and Accountability

• Silencing Whistleblowers: When NCOs and MPOs are misused to prevent whistleblowers from gathering evidence or speaking with witnesses, it undermines their ability to expose misconduct, creating a chilling effect on reporting.
• Inhibiting Investigations: Restricting communication between subjects and witnesses will limit the ability of individuals to present a complete defense or uncover additional evidence.

2. Undermining Fairness in Investigations

• Due Process Concerns: Restricting communication without clear justification will disadvantage the accused or whistleblower, denying them the ability to fully understand the allegations or gather exculpatory evidence.
• One-Sided Investigations: When subjects cannot communicate with witnesses, investigators will rely on incomplete or unchallenged testimony, leading to biased outcomes.

3. Damage to Workplace Dynamics

• Erosion of Trust: Overuse or misuse of these orders will create suspicion and fear among service members, weakening unit cohesion and morale.
• Isolation of Individuals: Subjects or whistleblowers subjected to NCOs/MPOs will feel ostracized and unsupported, exacerbating stress and mental health challenges.

4. Cultural and Ethical Concerns

• Cultural Suppression of Reporting: This practice will signal to service members that reporting misconduct leads to punitive or isolating measures, discouraging future reporting.
• Erosion of Transparency: Leadership use of these tools to control narratives will harm organizational credibility and ethical standards.

5. Legal and Institutional Risks

• Potential Legal Challenges: Misapplication of NCOs/MPOs may lead to legal claims for violations of constitutional rights (e.g., First Amendment or due process rights).
• Erosion of Oversight: Misuse of these orders will shield wrongdoing, undermining public and institutional oversight mechanisms.

The Army covered-up the M? Lai Massacre for nearly a year despite having first-hand accounts of the event, most notably from helicopter pilot Chief Warrant Officer Hugh C. Thompson Jr. and his crew. Chief Warrant Officer Thompson saw the massacre underway, landed and placed his helicopter + guns between the attacking U.S. soldiers and the helpless Vietnamese villagers. Cover-ups like this are possible because of policies like the one highlighted in this newsletter that give military commanders the discretion to abuse their authority. We encourage you to bring this topic to the attention of your elected officials.

Find your Representative here:?https://www.house.gov/representatives/find-your-representative

Find your Senator here:?https://www.senate.gov/senators/senators-contact.htm

If you feel that you have been a victim of these types of concerns, feel free to reach out privately at [email protected], or share your story in the comments.

PETITIONS:

1. SIGN THIS PETITION urging the Supreme Court of the United States to hear the case of Staff Sergeant Ryan Carter who was paralyzed from the chest down following a routine surgery at Walter Reed.
2. SIGN THIS PETITION demanding that our leaders in Congress change the DoD’s unjust administrative investigatory system.
3. SIGN THIS PETITION demanding real anti-harassment reform in the Military and Coast Guard now.

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