United States Court of Appeals for the Federal Circuit

MacLean’s concerns were well-taken. As Mr. Issman explained,
As a Federal law enforcement officer myself who traveled armed
frequently in and out of Washington DC area airports, I observed first
hand FAMs on my flights trying to carry out their missions under
ridiculous and onerous circumstances. It was not just the fact that they
were required to wear suits and ties and maintain military-style
grooming, but the plainly obvious way they were being escorted by
uniformed officers up exit lanes to bypass airport security checkpoints
and then get pre-boarded in plain view of the general passengers. Any
individual who cared to observe this folly could pick out and identify
the FAMs for any given flight or airport by simply watching the gate
and exit areas. A115.
When the agency ignored or rejected these concerns, FLEOA actively and
publicly protested through disclosures to Congress and the media. MacLean was a
primary spokesman, repeatedly exposing and challenging alleged security breaches
by former TSA/FAMS Director Thomas Quinn and headquarters staff. He made
disclosures to, inter alia, Agency management, the OIG, ICE/OPR investigators,
congressional offices and committees, and national electronic and print reporters,
including more to Mr. Meeks that climaxed in a September 11, 2004 anonymous
NBC Nightly News television appearance Meeks produced and for which
MacLean later was placed under investigation. A129-32. FLEOA specifically
targeted Quinn. A165-67. MacLean and other FLEOA leaders’ advocacy led to a
May 25, 2006 House Judiciary Committee report, “In Plane Sight: Lack of
Anonymity at the Federal Air Marshal Service Compromises Aviation and
National Security.” See n.1, infra. It harshly attacked TSA/FAMS mismanagement.
A166, 242. On August 10, 2006, the U.S. Office of Special Counsel (“OSC”) (File
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