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into emergency mode. From July 26-28, 2003 every FAM had a face-to-face office briefing about special precautions to thwart the imminent attack. These mandatory briefings were unprecedented, never occurring before or since. A.187-89. A day or two after, however, all FAMs received an uncontrolled cellular phone text message to cancel hotel reservations associated with missions requiring them to Remain Overnight (“RON”). These flights were for the same long distance trips targeted in the July 26 alert. A187-95. Agency regulations limit SSI mobile transmissions to an encrypted, password-protected secure device. configured for sensitive transmissions. The text message was not, instead going through unsecure cellular phones. A190, 195-200. By contrast with strict security for the briefings, the text was sent without any warnings, restrictions or markings denoting SSI or classified information. Any AT&T Wireless customer or non-Agency employee with a former Agency employee’s Nokia number, received a copy of the text message. A198, 200-03. Similarly, Agency regulations require a security plan for maintenance and earliest possible destruction of SSI. There was none. A196-97, 200.Regulations require SSI to be kept in a secure, restricted area. The text message was not. A191, 196-97. MacLean felt it was broadcast like a person using a bullhorn in a public plaza. A203. 6
He immediately called other agents around the country, who confirmed receiving the same message. Thinking it must be a joke or mistake, he went to a supervisor, Roger Scoffield, who explained the Agency had run short of funds and needed to reduce hotel costs. He added that the decision was “crazy” and “nuts,” but it came from headquarters so nothing could be done. When speaking with Scoffield, MacLean did not perceive the text message was SSI, because there were no restrictive markings or other controls. A191, 204-07. While the lack of security was unusual, for MacLean the information’s status was not an issue when raising it to a supervisor. As he testified at deposition, Question: In discussing the cancellation of RON missions, with Mr. Scoffield, did you know whether or not you, were discussing sensitive security information? Answer: It did not matter. Question: Why didn't it matter? Answer: Because the law was being broken and the public was being endangered, and it was an abuse of, authority. Public lives were at risk. It did not matter to me whether it was, confidential, law enforcement sensitive, or, classified information. (emphasis added) A208-09. MacLean also made calls to three separate DHS/OIG field offices to report the order as illegal, finally reaching an agent who also said nothing could be done. A201, 210-13; 207. 7
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Page 3 and 4: TABLE OF CONTENTS ii Page CERTIFICA
Page 5 and 6: CONCLUSION ........................
Page 7 and 8: Coleman v. Dep't of the Treasury, 8
Page 9 and 10: Parsons v. Dep’t of Air Force, 70
Page 11 and 12: 2004 Congressional Research Service
Page 13 and 14: JURISDICTIONAL STATEMENT The Merit
Page 15 and 16: 8. Did the Board err by failing to
Page 17: ief with the Board in support of Ma
Page 21 and 22: 12, 202-03. That was consistent wit
Page 23 and 24: MacLean’s concerns were well-take
Page 25 and 26: “disgruntled,” ‘malicious,”
Page 27 and 28: investigation, . . . [and] reportin
Page 29 and 30: The ICE/OPR affidavit is the only i
Page 31 and 32: was carried out in less than a week
Page 33 and 34: could not remember if he had any im
Page 35 and 36: contradicted himself repeatedly, an
Page 37 and 38: Spithaler v. Office of Pers. Mgmt.,
Page 39 and 40: This regulation did not take effect
Page 41 and 42: of agency action must limit itself
Page 43 and 44: The Ninth circuit’s MacLean decis
Page 45 and 46: Because MacLean was free to steer b
Page 47 and 48: The AJ supported this judgment with
Page 49 and 50: Isolated inconsistencies cannot sup
Page 51 and 52: total abandonment for all long dist
Page 53 and 54: II. TERMINATION DOES NOT SERVE THE
Page 55 and 56: to pick the weak link between indiv
Page 57 and 58: effective civil service.” WPA §2
Page 59 and 60: elevant for actions that could caus
Page 61 and 62: of Health and Human Services, 7 M.S
Page 63 and 64: Nor was Terreri presented as eviden
Page 65 and 66: Senatorial Campaign Comm., 454 U.S.
Page 67 and 68: protected is by voluntarily submitt
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Statutory Protection of Whistleblow
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Board did not have the authority to
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suggested that SSI information of g
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