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Las Vegas Field Office (LASFO) based personnel believe Federal Air Marshal (FAM) Robert J. MacLean to be the hooded FAM “Mike” who appeared on NBC Nightly News on 9/9/04. The FAM complained of FAMS policies, implying that terrorists can easily identify and cut FAM’s throats if dress code policies were not changed. If substantiated, his appearance would be in violation of internal directives. A127, 243. ICE/OPR did not treat the allegations with urgency, or even contact MacLean until after Quinn’s second, February 11, 2005 request for investigation, A177-83, branding MacLean and other FLEOA leaders as “abusive, … malicious, obscene, irresponsible, defamatory, disparaging, and disrespectful.” A178-79.” Quinn explicitly grounded the request on MacLean’s FLEOA role: [MacLean] is active in FLEOA and serves as Executive Vice President of the FLEOA FAM Executive Board. . . . MacLean is also Executive VP of FAM FLEOA and the subject of a pending ICE OPR investigation for having appeared on NBC Nightly News wearing a hood to mask his identity. MacLean is a former USBP from the San Diego Sector which is the home of local 1619. [This is (t)]he same union local that FAM Frank Terreri was formerly president of. A179. On May 4, 2005, ICE/OPR investigators interviewed MacLean and confirmed two allegations related to the 2004 NBC Nightly News appearance. A122-23. MacLean signed an affidavit they prepared, A133-36, primarily summarizing documents he provided. It stated he had “no regrets and no remorse” about working with Mr. Meeks for the September 2004 NBC Nightly News interview. He explained that relevant government authorities and congressional offices “all ignored my complaints and would not follow them up with 14
investigation, . . . [and] reporting these gross mismanagement issues has resulted in immediate and positive change in deadly [TSA/]FAMS policies.” A134-35. ICE/OPR investigators concluded by asking if there were other disclosures. Because it would be illegal to withhold information, MacLean then submitted the full history of his disclosures to Meeks. Although there was only cursory discussion, he provided investigators with hard copies of corresponding articles, including Meeks’ 2003 report identifying a text message that cut off RON with no geographic limitations: SEVERAL AIR marshals contacted by MSNBC.com Tuesday confirmed that they were alerted via text messages on their TSAissued cell phones to check their schedules for changes. All overnights, starting from August first through the ninth, were canceled,” an air marshal told MSNBC.com. “My [supervisor] told me overnights for all [field offices] were being canceled for an indefinite amount of time,” said the air marshal, who requested anonymity. ” A135. The ICE/OPR-drafted affidavit presented MacLean’s concerns from his vantage point in the Las Vegas office, a detail he did not find significant at the time. The affidavit read, I informed Brock Meeks that all Vegas FAMs were sent a text message to their Government issued mobile phones that all RON (Remain Overnight) missions up to August 9 would be canceled. My supervisor told me that the Service ran out of funds for overtime, per diem, mileage and lodging. A130. 15
Page 1 and 2: 2011-3231 United States Court of Ap
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 and 20: He immediately called other agents
Page 21 and 22: 12, 202-03. That was consistent wit
Page 23 and 24: MacLean’s concerns were well-take
Page 25: “disgruntled,” ‘malicious,”
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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United States Court of Appeals for the Federal Circuit

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