United States Court of Appeals for the Federal Circuit

erroneous, it is consistent with good faith that MacLean relied on the law as it was
and long had been interpreted when he acted.
D. MacLean has testified credibly and in good faith.
As discussed, MacLean has not avoided the good faith issue, testifying
without exception that he thought he was acting lawfully to defend his country. At
hearing he testified without qualifier that he was closed to the concept of breaking
the law to enforce it. A205, 233, 281. The AJ and Board do not disagree that he
was acting in good faith to serve the nation. As the AJ explained, “I have no reason
to doubt the appellant’s assertion that he took these actions to benefit the nation
and to increase the efficiency of the service….” A60. The Board reaffirmed, “[W]e
also have no reason to doubt the appellant’s motivation was sincere.” A25. The
issue is whether he testified credibly that he also was trying in good faith to
proceed within the law, or instead believed government misconduct justified
illegality by him.
The Board’s blanket credibility rejection dismissed MacLean’s testimony
generally. The AJ stated, “I found the appellant to be evasive, nuanced, and
inconsistent…. [T]he appellant’s attempts to distinguish, explain, and qualify his
prior written statements under oath, as well as his deposition testimony, were not
persuasive.” A49-50.
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