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Robert MacLean (view source)

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The plan would exploit a U.S. immigration loophole enabling a terrorist, without a U.S. visa, to take a flight from a country with less-stringent security to a U.S. airport and roam that U.S. airport during a layover before taking a second connecting flight to the destination country. Once inside a U.S. airport, terrorists would smuggle weapons onto aircraft by hiding weapons inside camera equipment and children's toys. During flight, the terrorists with the smuggled weapons would overpower the crew, take control, and fly the hijacked aircraft into U.S. east coast targets.<ref>[http://www.washingtonpost.com/ac2/wp-dyn/A64871-2003Jul29?language=printer Memo Warns Of New Plots To Hijack Jets], Sara Kehaulani Goo and Susan Schmidt, ''The Washington Post'', July 30, 2003</ref> The plan was in direct violation of the Aviation & Transportation Security Act (Public Law 107–71), Title 49 of the [[United States Code]] Section 44917: “Deployment of Federal Air Marshals... [on] nonstop, long distance flights, such as those targeted on September 11, 2001, should be a priority.”<ref>[http://www.law.cornell.edu/uscode/html/uscode49/usc_sec_49_00044917----000-.html 2001 Aviation & Transportation Security Act (Public Law 107–71)], ''Title 49 of the United States Code § 44917 "Deployment of Federal Air Marshals"'', November 19, 2001</ref>

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MacLean was rebuffed by his FAMS managers and the [[Department of Homeland Security Office of Inspector General]] (DHS/OIG), so he warned the public by going to the press.<ref>[http://onoekeh.blogspot.com/2003_07_01_archive.html Air Marshals Pulled from 'Key Flights'], Brock Meeks, ''NBC News (MSNBC)'', August 29, 2003</ref> The message he disclosed was not labeled as UNclassified "Sensitive Security Information" (SSI), the often abused information control label within DHS' [[Transportation Security Administration]] (TSA) used to protect information—unaware of any obligation to protect the information. For employees dealing with traditional classified information, which is typically much more sensitive that SSI, they must be made aware of its status so as to protect it accordingly.

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MacLean was rebuffed by his FAMS managers and the [[Department of Homeland Security Office of Inspector General]] (DHS/OIG), so he warned the public by going to the press.<ref>[http://onoekeh.blogspot.com/2003_07_01_archive.html Air Marshals Pulled from 'Key Flights'], Brock Meeks, ''NBC News (MSNBC)'', August 29, 2003</ref> The message he disclosed was not labeled as UNclassified "Sensitive Security Information" (SSI), the often abused information control label within DHS' Transportation Security Administration (TSA) used to protect information—unaware of any obligation to protect the information. For employees dealing with traditional classified information, which is typically much more sensitive that SSI, they must be made aware of its status so as to protect it accordingly.

MacLean's disclosure helped to draw public scrutiny and congressional outrage to TSA's ill-conceived plan which rapidly led to them reversing their plan.<ref>[http://www.airportbusiness.com/web/online/Airline-and-Airport-Security-News/Ex-Air-Marshal-to-Sue-over-SSI-Label/5$8684 Ex-air marshal to sue over 'SSI' label], Audrey Hudson, ''The Washington Times'', October 30, 2006</ref> TSA first denied that air marshals would have been shifted, but the morning after MacLean's disclosure, Senators [[Hillary Clinton]], [[Barbara Boxer]], and [[Charles Schumer]] held press conferences condemning the plan forcing the TSA to backpedal.<ref>[http://clinton.senate.gov/news/statements/details.cfm?id=235267&& Senator Clinton Reiterates Call on TSA to Justify Security Cuts at Nation’s Airports], Senator Hillary Clinton, ''Official Site of the U.S. Senate'', July 30, 2003</ref> Later that day the TSA acknowledged that schedules had been changed and their spokesman, Robert Johnson, stated in a press conference, ''"Those actions were premature and a mistake by the people who were involved."''<ref>[http://www.usatoday.com/travel/news/2003/07/31-air-marshals.htm Air marshals back to long flights], Mimi Hall and Fred Bayles, ''USA Today'', August 1, 2003</ref>

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U.S. Senator [[Barbara Boxer]] from California wrote this provision into ATSA.<ref>{{cite web | title= Boxer Calls Administration's Plan To Reduce Air Marshals 'Unacceptable,' Calls On Ridge To Fully Fund Homeland Security Needs | url=http://boxer.senate.gov/en/senator/biography.cfm | date=2004-03-09 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15}}</ref><ref>{{cite web | title= Senator Barbara Boxer's official senatorial biography | url=http://boxer.senate.gov/en/senator/biography.cfm | date=2008-11-16 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15 |archiveurl = http://boxer.senate.gov/en/senator/biography.cfm  |archivedate = 2008-07-31}}</ref><ref>{{cite web | title= Senator Barbara Boxer's official campaign biography | url=http://www.barbaraboxer.com/about/ | date=2008-11-16 | work=[http://www.barbaraboxer.com/ ''Official Campaign Website for Barbara Boxer''] | accessdate=2008-11-16}}</ref> Senator Boxer also called for better protection of the identities of Federal Air Marshals and greater oversight of the Federal Air Marshal Service.<ref>{{cite web | title= Boxer Amendments to Strengthen Homeland Security Included in Department of Homeland Security Appropriations Bill | url=http://boxer.senate.gov/news/releases/record.cfm?id=226143 | date=2004-09-14 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15 |archiveurl = http://web.archive.org/web/20080731050031/http://boxer.senate.gov/news/releases/record.cfm?id=226143  |archivedate = 2008-07-31}}</ref>

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FAM Robert MacLean was rebuffed by his TSA managers and a [[Department of Homeland Security Office of Inspector General]] (DHS/OIG) field agent, so he warned the public by going to NBC News. MacLean was quoted, anonymously, along with other unnamed sources, in a story written by Brock N. Meeks, Chief Washington correspondent for MSNBC.com.<ref>{{cite web | title= Whistleblowers hit turbulence; TSA ex-employees say they've been blackballed for revealing problems | url=http://www.airportbusiness.com/online/printer.jsp?id=14960 | date=2007-10-14 | work=[http://www.nj.com/ ''New Jersey Star Ledger''] | accessdate=2007-12-08}}</ref> That article broke the story and set off a chain reaction among national media outlets resulting in dozens of articles and televised broadcasts.<ref>{{cite web | title= Air Marshals Pulled from 'Key Flights' | url=http://onoekeh.blogspot.com/2003_07_01_archive.html | date=2003-07-30 | work=[http://www.msnbc.msn.com/ NBC News] | accessdate=2006-10-30}}</ref> The message MacLean disclosed was not marked as Sensitive Security Information (SSI), the often abused UNclassified information control mark used to protect information within the DHS's [[Transportation Security Administration]] (TSA).<ref>{{cite news | title= Ex-air marshal fired over leak sues TSA | url=http://articles.latimes.com/2006/oct/31/nation/na-marshal31 | date=2006-10-31 | work=[http://www.latimes.com/ Los Angeles Times] | accessdate=2009-06-18 | first=Nicole | last=Gaouette}}</ref> Given that text message was sent nationally to all FAMS employees' unencrypted and password-protected cellular phones and did not contain SSI marking, MacLean was unaware of any obligation to protect the information. For employees dealing with traditional CLASSIFIED Information, which is typically much more sensitive that SSI, they must be made aware of its status so as to protect it accordingly.

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FAM Robert MacLean was rebuffed by his TSA managers and a [[Department of Homeland Security Office of Inspector General]] (DHS/OIG) field agent, so he warned the public by going to NBC News. MacLean was quoted, anonymously, along with other unnamed sources, in a story written by Brock N. Meeks, Chief Washington correspondent for MSNBC.com.<ref>{{cite web | title= Whistleblowers hit turbulence; TSA ex-employees say they've been blackballed for revealing problems | url=http://www.airportbusiness.com/online/printer.jsp?id=14960 | date=2007-10-14 | work=[http://www.nj.com/ ''New Jersey Star Ledger''] | accessdate=2007-12-08}}</ref> That article broke the story and set off a chain reaction among national media outlets resulting in dozens of articles and televised broadcasts.<ref>{{cite web | title= Air Marshals Pulled from 'Key Flights' | url=http://onoekeh.blogspot.com/2003_07_01_archive.html | date=2003-07-30 | work=[http://www.msnbc.msn.com/ NBC News] | accessdate=2006-10-30}}</ref> The message MacLean disclosed was not marked as Sensitive Security Information (SSI), the often abused UNclassified information control mark used to protect information within the DHS's Transportation Security Administration (TSA).<ref>{{cite news | title= Ex-air marshal fired over leak sues TSA | url=http://articles.latimes.com/2006/oct/31/nation/na-marshal31 | date=2006-10-31 | work=[http://www.latimes.com/ Los Angeles Times] | accessdate=2009-06-18 | first=Nicole | last=Gaouette}}</ref> Given that text message was sent nationally to all FAMS employees' unencrypted and password-protected cellular phones and did not contain SSI marking, MacLean was unaware of any obligation to protect the information. For employees dealing with traditional CLASSIFIED Information, which is typically much more sensitive that SSI, they must be made aware of its status so as to protect it accordingly.

FAM Robert MacLean's disclosure helped draw public scrutiny and bipartisan congressional outrage<ref>{{cite news | title= Uproar Over Air Marshal Cuts | url=http://www.cbsnews.com/stories/2003/07/31/terror/main566052.shtml?source=search_story | date=2003-07-31 | work=[http://www.cbsnews.com/ CBS News] | accessdate=2008-08-01}}</ref> to TSA's plan which rapidly led to its reversal.<ref>{{cite web | title= Ex-air marshal to sue over 'SSI' label | url=http://www.washingtontimes.com/news/2006/oct/29/20061029-115609-8718r/?page=all#pagebreak | date=2006-10-30 | work=[[The Washington Times]] | accessdate=2011-06-26}}</ref> TSA first denied that air marshals would have been shifted, but the morning after MacLean's disclosure, U.S. Senators [[Hillary Rodham Clinton]] (New York), [[Barbara Boxer]] (California), and [[Charles Schumer]] (New York)<ref>{{cite news | title= Team Bush Scrubs Plan to Cut Air Marshal Force | url=http://www.nydailynews.com/archives/news/2003/07/31/2003-07-31_team_bush_scrubs_plan_to_cut.html | date=2003-07-31 | work=[http://www.nydailynews.com/ New York Daily News] | accessdate=2007-07-11}}</ref> held video press conferences condemning the plan forcing the TSA to reverse its plan before going into effect.<ref>{{cite news | title= July 30, 2003 CNN Television Transcripts | url=http://edition.cnn.com/TRANSCRIPTS/0307/30/asb.00.html | date=2003-07-30 | work=[http://www.cnn.com/ CNN] | accessdate=2008-11-24}}</ref>

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{{cquote|<blockquote>Given the potential fallout of another attack that intelligence reports suggest is on the way, it is incredible that the TSA would consider reducing the air marshal presence on these flights simply to save the cost of an overnight hotel room<ref>{{cite news | title= Officials deny cuts to air marshal program | url=http://www.usatoday.com/travel/news/2003/07/30-air-marshal.htm | date=2003-07-30 | work=[http://www.usatoday.com/ ''USA Today''] | accessdate=2007-06-03}}</ref></blockquote>}}

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U.S. Senator [[Charles Schumer]] of New York also called on DHS Secretary Ridge to:

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U.S. Senator Charles Schumer of New York also called on DHS Secretary Ridge to:

{{cquote|<blockquote>immediately reverse reported plans to cut air marshal service on coast-to-cost and international flights … in light of intelligence indicating that al-Qaida and other terrorist groups may have stepped up plans<ref>{{cite web | title= Flip-flop on air marshal schedules | url=http://www.urondisplay.com/airmarshal/MSNBC%20Flip-flop%20on%20Air%20Marshal%20schedules%207-30-2003.pdf | date=2003-07-31 | work=[http://www.grangier.fr MSNBC] | accessdate=2009-02-25}}</ref></blockquote>}}

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==Transportation Security Administration and Department of Justice's Arguments==

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TSA and DOJ make four general arguments: 1) That Robert MacLean was trained in the safeguarding of SSI and that the information he disclosed did not require any markings despite [[Code of Federal Regulations]] (CFRs) that mandate the contrary. 2) He caused the TSA to disrupt their operations in order to cancel their plan to remove FAMs from nonstop, long distance flights. 3) Had TSA decided to continue with their plan despite public and congressional outrage, MacLean's disclosure would have alerted all terrorists that nonstop, long distance flight would not be staffed with FAMs. ~~(4)~~ Finally, the government argues that front-line law enforcement field officers do not have the authority, education or experience to determine if policies endanger public safety and national security - that such determinations can only be made by the agency's senior executives.

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TSA and DOJ make four general arguments:

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#That Robert MacLean was trained in the safeguarding of SSI and that the information he disclosed did not require any markings despite [[Code of Federal Regulations]] (CFRs) that mandate the contrary.

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#He caused the TSA to disrupt their operations in order to cancel their plan to remove FAMs from nonstop, long distance flights.

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#Had TSA decided to continue with their plan despite public and congressional outrage, MacLean's disclosure would have alerted all terrorists that nonstop, long distance flight would not be staffed with FAMs.

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#Finally, the government argues that front-line law enforcement field officers do not have the authority, education or experience to determine if policies endanger public safety and national security - that such determinations can only be made by the agency's senior executives.

==References==

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*[http://groups.google.com/group/fams-whistleblower-robert-maclean Website Archive of all Case Documents and Videos]

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~~== Sources ==~~

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[http://groups.google.com/group/fams-whistleblower-robert-maclean Website Archive of all Case Documents and Videos]

[[Category:United States Department of Homeland Security]]

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Robert MacLean (view source)

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