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MacLean was severely troubled about vulnerability from abandoning terrorist defenses during an emergency alert, and was unwilling to give up so easily. As a result, he anonymously contacted a reporter with congressional connections, Mr. Brock Meeks of MSNBC. MacLean read the text message to Meeks, who promised to get the information to senators immediately. A216-17. MacLean said nothing about particular flights. A191-92. MacLean did not think he was violating the law or disclosing restricted information. His perspective was to follow his duty by challenging public endangerment that violated the law’s purpose, as stated in 49 USC 44917: “[D]eployment of Federal air marshals on ... nonstop, long distance flights, such as those targeted on September 11, 2001, should be a priority. A202-03, 218; 219, 190. This has been MacLean’s perspective in every instance where the record addresses this issue, whether as testimony or documentary evidence. He was hardly alone. Matthew Issman, former Joint Intake Director for the DHS Immigrations and Customs Enforcement/Office of Professional Responsibility (“ICE/OPR”), was responsible to prevent secrecy breaches. He concluded that MacLean did not release any sensitive or classified information. A115-17, 220. When MacLean spoke with his supervisor and OIG officials about canceling the missions, none cautioned that he should treat the order as SSI. A210- 8
12, 202-03. That was consistent with Employee Relations Special Agent in Charge Maria del Carmen Perez, A118-19, who was unsure if the disclosure warranted termination, partially due to the text message’s lack of specificity. The most significant confused peer was the eventual deciding official for MacLean’s termination, Mr. Frank Donzanti. The following exchange occurred after his testimony confirming the long list of Agency SSI policies not complied with for the text message. Question: So I’m asking if that [his answers on compliance with Agency policy] would have raised any questions in your mind whether the Agency treated this information as SSI?” Answer: “Yes. It would have.” A221, 196-97, 222-24. He also inconsistently testified at hearing that anyone should have known the text message was SSI. A225. On July 29, 2003 Mr. Meeks filed a story. A135. The next day national leaders reacted. MacLean’s perspective was shared by U.S. Senator Hillary Clinton (“extreme[ly] concern[ed]”) A148; U.S. Senator Frank Lautenberg (“furious”) A140; Senator Charles E. Schumer (“incredible”) A150; and Congresswoman Carolyn Maloney of New York (“boneheaded”) A152-53. All expressed outrage and urged the Agency to reverse its decision. 9
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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 and 18: ief with the Board in support of Ma
Page 19: He immediately called other agents
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
Page 69 and 70: Statutory Protection of Whistleblow
Page 71 and 72:
Board did not have the authority to
Page 73 and 74:
suggested that SSI information of g
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