Changes

==U.S. Office of Special Counsel intervenes in support of Robert MacLean==

==U.S. Office of Special Counsel intervenes in support of Robert MacLean==

In her August 25, 2011 motion, U.S. Special Counsel Carolyn Lerner of the [[United States Office of Special Counsel]] (MSPB) filed an amicus curiae with the [[United States Merit Systems Protection Board]] in support of Robert MacLean. It requested that the MSPB reverse its June 22, 2009<ref>{{cite web | title= June 22, 2009 U.S. Merit Systems Protection Board decision MacLean v. DHS | url=http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=423155&version=424160&application=ACROBAT | date=2009-06-22 | work=[http://www.mspb.gov/ Official website of the U.S. Merit Systems Protection Board] | accessdate=2011-08-27}}</ref> and July 25, 2011<ref>{{cite web | title= July 25, 2011 U.S. Merit Systems Protection Board decision MacLean v. DHS | url=http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=628202&version=630085&application=ACROBAT | date=2011-07-25 | work=[http://www.mspb.gov/ Official website of the U.S. Merit Systems Protection Board] | accessdate=2011-08-27}}</ref> decisions.

In her August 25, 2011 motion, U.S. Special Counsel Carolyn Lerner of the [[United States Office of Special Counsel]] (MSPB) filed an amicus curiae with the United States Merit Systems Protection Board in support of Robert MacLean. It requested that the MSPB reverse its June 22, 2009<ref>{{cite web | title= June 22, 2009 U.S. Merit Systems Protection Board decision MacLean v. DHS | url=http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=423155&version=424160&application=ACROBAT | date=2009-06-22 | work=[http://www.mspb.gov/ Official website of the U.S. Merit Systems Protection Board] | accessdate=2011-08-27}}</ref> and July 25, 2011<ref>{{cite web | title= July 25, 2011 U.S. Merit Systems Protection Board decision MacLean v. DHS | url=http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=628202&version=630085&application=ACROBAT | date=2011-07-25 | work=[http://www.mspb.gov/ Official website of the U.S. Merit Systems Protection Board] | accessdate=2011-08-27}}</ref> decisions.

U.S. Special Counsel Lerner wrote:

U.S. Special Counsel Lerner wrote:

{{cquote|<blockquote>Whistleblowers should not have to guess whether information that they reasonably believe evidences waste, fraud, abuse, illegalities or public dangers might be later designated as SSI [unclassified [[sensitive security information]]] and therefore should not be disclosed. Rather than making the wrong guess, a would-be whistleblower will likely choose to remain silent to avoid risking the individual's employment.

{{cquote|<blockquote>Whistleblowers should not have to guess whether information that they reasonably believe evidences waste, fraud, abuse, illegalities or public dangers might be later designated as SSI [unclassified sensitive security information] and therefore should not be disclosed. Rather than making the wrong guess, a would-be whistleblower will likely choose to remain silent to avoid risking the individual's employment.

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No specific statute exists that would allow the TSA to negate [ [[Civil Service Reform Act of 1978]] (CSRA)] whistleblower protections. The statute that the TSA relied upon to '''retroactively designate MacLean's protected disclosure''' as SSl does not establish particular criteria for withholding and does not refer to particular types of matters to be withheld

No specific statute exists that would allow the TSA to negate [Civil Service Reform Act of 1978 (CSRA)] whistleblower protections. The statute that the TSA relied upon to '''retroactively designate MacLean's protected disclosure''' as SSl does not establish particular criteria for withholding and does not refer to particular types of matters to be withheld

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After four years of active duty, '''Robert MacLean''' (born on March 8, 1970, in [[Torrejon Air Base]], [[Madrid, Spain]]) elected not to reenlist and was honorably discharged from the [[U.S. Air Force]].  MacLean then entered the [[U.S. Border Patrol]] and served almost six years until he transferred to the U.S. [[Transportation Security Administration]] (TSA) immediately after the [[September 11, 2001 attacks]].  MacLean was in the first FAMS class to graduate after the attacks. <ref>[http://www.federaltimes.com/index.php?S=2331806 Air marshal’s firing prompts whistleblower suit], Stephen Losey, ''Federal Times'', November 7, 2006</ref>

After four years of active duty, '''Robert MacLean''' (born on March 8, 1970, in Torrejon Air Base, Madrid, Spain) elected not to reenlist and was honorably discharged from the [[U.S. Air Force]].  MacLean then entered the U.S. Border Patrol and served almost six years until he transferred to the U.S. [[Transportation Security Administration]] (TSA) immediately after the [[September 11, 2001 attacks]].  MacLean was in the first FAMS class to graduate after the attacks. <ref>[http://www.federaltimes.com/index.php?S=2331806 Air marshal’s firing prompts whistleblower suit], Stephen Losey, ''Federal Times'', November 7, 2006</ref>

==Aviation Security [[Whistleblower]]==

==Aviation Security [[Whistleblower]]==