United States Court of Appeals for the Federal Circuit

could not remember if he had any impact on its contents or even changed a word.
A279-80. Other than Human Resources with generic duties, his liaison for the
action was the Policy Compliance Unit. A279, 258. As discussed earlier, in
practice the PCU carried out hatchet unit assignments for Director Quinn against
MacLean and other FLEOA representatives.
Headquarters also had leverage over Donzanti that created bias. He was
under investigation for improper sexual relations with a subordinate, and subject to
demotion or termination. While Quinn was in office and Donzanti carried out
headquarters-based actions against FLEOA leaders like MacLean and Terreri, the
charges remained dormant. On February 8, 2011, after Quinn’s departure and
MacLean’s hearing, Donzanti was found guilty of the misconduct in a TSA Office
of Inspection, Special Investigations Unit report, and demoted two grades into a
non-supervisory position outside of FAMS. MacLean moved for the Board to
introduce the corresponding evidence into the record of this proceeding, but it did
not rule. MacLean resubmits the motion to this Court. A283-86.
SUMMARY OF ARGUMENT
Petitioner MacLean blew the whistle with a text message that canceled Air
Marshal protection for all long distance flights nationally during an alert and
emergency training to thwart a confirmed, more ambitious planned 9/11 rerun. He
believed in good faith that he was not violating Agency regulations against SSI
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