United States Court of Appeals for the Federal Circuit

4. Did the Board have substantial evidence to uphold termination based on
intent, when due to erroneous citations there is nothing in the record
relevant for the charges in MacLean’s two statements on which it based
its judgment?
5. Did the Agency uphold its Douglas responsibilities to consider criteria
for penalty selection, when MacLean was the only employee ever
terminated for an unauthorized SSI disclosure; and it ignored positive or
no assessments for all other criteria except those relevant to intent,
without making any inquiry to him about his intentions?
6. Did the Board err by upholding Agency compliance with Douglas, when
it failed to consider uncontested evidence that agency officials with
undisputed animus toward MacLean were responsible for the contents of
the final decision, which the Deciding Official did not recall
participating in drafting, and signed without revision?
7. Did the Board err by holding that MacLean’s termination upheld the
efficiency of the service after he sparked Agency correction of its self-
described “mistake” with grave risks to national security, when it also
held that MacLean acted in good faith to protect the public and
succeeded, without disruption beyond administrative burdens correcting
the mistake?
2