4- The Michigan Daily Summer Weekly-Wednesday, June 9, 1993
EDITOR IN CHIEF
Hope Calati
OPINION EDITORS
SamGoodstein
Flint Jason Wainess
Unsigned editorials present the opinion of a
majority of the Daily's editorial board. All other
cartoons, signed articles and letters do not
necessarily reflect the opinion of the Daily.
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a
F or the last five years, fraud-busters Walter
Stewart and Dr. Ned Feder, investigators
from the National Institute of Health (NIH),have
been the last line of defense for victims of scien-
tific fraud. Now, the government has silenced
themundertheguiseoffederally funded research's
"best interests."
Meanwhile, in 1989, University researcher
Carolyn Phinney accused her mentor of stealing
heracademic ideas forafederally funded project.
Phinney reported the violationrto theUniversity,
which in turn promised to handle the case. The
University stonewalled its own investigations
and attempted to bury the incident. Distressed
that no one would believe her claims, Phinney
turned to Stewart and Feder for help. The two
scientists from the NIH investigated her case,
foundherclaims had credence and helped her win
her lawsuit.
But despite their successes, these two men
have found themselves unjustly removed from
their investigative duties and have been told they
cannolongerdiscussthefraudand whistleblowing
cases they have uncovered. The order came after
they investigated one possible case of non-scien-
tific misconduct - an investigation unautho-
Whistleblowing U'
University fails to stand upforfraud-busters
rized by NIH.
To protestthe government order, Stewart has
embarked on a hunger strike. The NIH and the
Department of Health and Human Services have
turned a blind eye to Stewart's campaign for
justice,calling it a"publicity stunt."Itappears the
NIH is no longer interested in standing behind
those who attempt to protect the integrity of
science.
It is true Stewart and Feder are guilty of a
major offense - using federal computer time,
mailing privileges and stationary in their investi-
gation of a possible historical text fraud case.
However, NIH's punishment -reassigning the
men to benign positions and deeming their filesof
prior investigations classified - does not fit the
crime. The scientists arenot allowed tocomment
on their investigations into hundreds of cases of
alleged scientific fraud.
Included in these now-sealed files are reports
involving the University. Stewart says he has
information proving the University participated
in "an outrageous cover-up"of scientific fraud. It
is in the University's best interests to face these
charges openly and provide answers. Instead, the
best statement Associate Dean of Research and
Graduate Studies Irwin Goldstein can offer is,
"Most scientists would not be sorry the two men
were relieved of their investigative duties." If the
University is to be believed that it abides by its
policy of treating whistleblowers - people who
reportscientific fraud-with the utmost sensitiv-
ity,how can itnotsupportthe topinvestigatorsof
whistieblowing cases?
Stewart and Feder did overstep their bound-
aries by investigating a non-scientific case, but
the NIH reaction was far too harsh. It is foolish
and irresponsible to overlook five years of posi-
tive work that, up until last month, was deemed
excellentby thetwoscientists' supervisor.Stewart
and Feder's mistake is not large enough to allow
scientific misconduct to go unchecked.
If the scientific community is serious in their
claims that academic fraud is unacceptable, the
community must be willing to accept the conse-
quences of what these investigations might un-
cover. Stewart and Feder are not perfect-some
of their past investigations have been misguided.
Yet, Carolyn Phinney's fraud victory against the
University indicates that scientific misconduct is
still being carried out across the country. Until the
NIH provides other mechanisms for investigat-
ing fraud, Stewart and Feder must be returned to
their positions as the last line of defense against
scientific fraud.
Whistleblowers shouldnot be afraid to report
cases of possible fraud - as Phinney's victory
indicates. When whistleblowers do step forward,
Stewart and Feder have been the only scientists
willing toinvestigateclaims. IfStewart'sprotests
fall on deaf ears and he dies as a result of his
hunger strike, the effecton future whistleblowers
will be devastating. Universities and high level
researchers will remain unchecked and continue
to squelch the protests of those who feel their
scientific works have been stolen.
0I
President'ial cowardice Capita punishment
The President's continual wavering is detrimental Death penalty continues to be racist and unjust
A s if Travelgate and Barbergate weren't self look like a president searching not for truth, " hestate of Texas has been ordered to wait 30 render him or her innocent. Unfortunat
enough, President Clinton has egg on his but merely for votes. I days before murdering Gary Graham. inmates are victimizedby inadequate le
face yet again after withdrawing Lani Guinier's Besidesmakinghimselflook foolishonemore Twelve years ago, Graham -then a 17-year sentation. Texas is one of eight states t
name as his pick to head the Justice Department's time, the president denied Guinier a chance to old Texas resident and a Black man- was sen- financing legal representation to counti
civil rights division. According to Clinton, defend her views in front of the Senate. Guinier tenced to death row for an alleged murder outside varies tremendously. The poor have vi
Guinier's name had to be withdrawn because a claimed all along that, given a chance to prove of a Houston supermarket. Graham was con- chance in this system, which is based
battle overherconftmation would have been too herself, she could make a favorable impression victed solely on the evidence of one eye-witness chance than uniformity.
divisive and it was a battle in which he did not andwinconfirmation. Butinsteadshefell victim sitting in a car forty feet away. Initially, this In addition to its injustice, thes
believe.Thepresident'sactionsregardingGuinier to Clinton's policy of governing by caving in. witness could not identify Graham in a photo capital punishment is intrinsically racis
show a troubling lack of political courage. The president may believe that his technique is line-up,butlater identified him in apolice line-up ris County, Graham's place of resi
After the nomination had been made, conser- appeasing to his opponents, but the result is quite - perhaps because he was the only suspect to percent of the population is Black. Ho
vatives and moderates proceeded to rip apart the contrary. He simply opens himself up for appearin both.Texasstatelaw mandatesthatnew percent of the inmates on death row fri
Guinier on the basis of her writings in the Michi- more criticism. Once his Republican opponents, evidence can only be presented within 30 days of County are Black. Since 1932,only one
gan and Harvard Law Reviews. Once the nomi- who are intent on ruining his presidency, smell conviction, and Graham has not been allowed to been executed for killing a Black, wh
nation was in trouble, President Clinton offered fresh blood, they are bound to be even more present new evidence thathe believes would lead numbers are staggering in the opposite
lukewarm support, then, saying he had finally ruthless. to his acquittal. Noting the potential injustice of Supreme Court concluded in 1987 t
read Guinier's writings, withdrew the nomina- Though it may be true that the president must killing aninnocentman,aTexasjudgehasgranted discrimination within the system of ca
tion, looking rather silly as he did so. remain focused on his budget plan, he needs to Graham a 30-day stay - leaving Graham hang- ishment existed, but did not declare itui
From the beginning he should have known realize thathe can't deal with issuesone at a time. tngontotheslimhopethasanupeomingSupreme tional because the defendant had not
who he was nominating and been prepared to Forinstance,after threatening to bombthe Serbs, Court case could nullify his conviction. wasintentional.RacismintheUnited S
stand by her,even through a bloody Senate battle he backed down, preferring to focus on domestic The case of Gary Graham represents the in- the death penalty, is thus acknowledge
ifneedbe.IfGuinier'sideasaretooradicalforthe policy. Now it seems thathis economic package herent flaws in capital punishment: racism, tolerated.TheUnitedStates' supportof
president than he shouldn't have nominated her precludes his ability to nominate people to high classism and the killing of the innocent. Because penalty acknowledges, tolerates andE
in the first place. Clinton did the same thing to federal posts. Graham's guilt is questionable, and new evi- motes racism.
Guinier thathe did to Kimba Wood.Even though Clinton's actions in the Guinier episode are dence isavailable,hisensuingexecution amounts Many, in defense of the death pena
Wood had not broken the law, Clinton was not indefensible. Hebegantheprocessfight,appoint- to nothing less than murder by the state. In the it is an effective deterrent to the m
prepared to support her through a tough confir- ing an imminently qualified civil-rights attorney past, many death-row inmates have been ex- crimes. Studies overwhelmingly disf
mation battle. In neither case did the president whose views can only be deemed as radical when tremely close to execution before being set free, assertion. Moreoveras the number of i
sPre. and still others have been found innocent follow- death row increases, so do the revers
showthepolitialouragedemonstratedbyPresi- taken out of context and placed in meaningless ing execution. The StanfordLaw Review conser- sentence. Speeding up and increasinge
dentReagan,pwho stuckbytJudgeRobertBorkto soundbites. But when the spieless Senate Judi- vatively states that in this century, 23 innocent is not an effective solution to the inj
the end after appointing him to the Supreme cary Committeeraised questionsabouGuinier, people have been executed. Abolishment of the inequality fosteredas aresultofthedea
CourtorPresidentBush whogavehis fullsupport the president immediately backtracked, leaving death penalty, which allows thestate to casually The only solution is its abolishment. I
to Clarence Thomas. Whether or not Bork and Guinier and his convictions out to dry. commitmurder,is theonly reasonable solution to the state setting a contradictory examp
Thomas were good choices isn't the point. What If the future continues as an extension of the this injustice. ing those who kill, but it breaks its ow
matters is that Reagan and Bush nominated them past, the Clinton presidency will have lostbefore But barring a miraculous change of heart by occasionally lynching an innocent hu
because they wereconvincedof theirabilitiesand it began. Whether Clinton Wins or loses political theSupremeCourt,capitalpunishmentwillgradu- most often a manifestation of racism.
were prepared to stick with them no matter what. capital cannot be the guideline for his actions. ally shift from the exception to the rule to a The state's implementation of thec
In Clinton's case he has shown himself to be a The time is now for the administration to draw its mainstream form of punishment-especially for alty is a crime far greater than that w
president who will give in when the going gets own line in the sand and act in the best way minorities. TheRehnquistCourthasdeclaredthe Graham isaccusedof,fornotonlydoes
tough. Ratherthansaving himself the embarrass- possible - with truth, integrity and the courage death penalty constitutional, even if the indi- human life, but it also destroys the fur
ment of a confirmation battle, he has made him- of its convictions. vidualon death-row has new evidence thatcould tenets of justice and equality U.S. esp
tely, most
galrepre-
that leaves
ies, which
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st. In Har-
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om Harris
whitehas
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side. The
hat racial
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fthedeath
even pro-
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prove this
nmates on
als of the
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ustice and
th penalty.
Not only is
ple by kill-
n laws by
man being,
death pen-
hich Gary
sitdestroy
ndamental
ouses.