Changes

During a July 30, 2003 White House press conference, President [[George W. Bush]] was prompted for his reaction to the July 26, 2003 DHS Advisory concerning the al-Qaeda threat of suicide hijacks during the summer of 2003.  President Bush stated, ''"The threat is a real threat...we obviously don't have specific data...al-Qaeda tends to use the methodologies that worked in the past...we're focusing on the airline industry right now and we've got reason to do so."'' <ref>[http://www.whitehouse.gov/news/releases/2003/07/20030730-newsconference.v.html], President George W. Bush, ''White House Official Website'', July 30, 2003</ref>

During a July 30, 2003 White House press conference, President [[George W. Bush]] was prompted for his reaction to the July 26, 2003 DHS Advisory concerning the al-Qaeda threat of suicide hijacks during the summer of 2003.  President Bush stated, ''"The threat is a real threat...we obviously don't have specific data...al-Qaeda tends to use the methodologies that worked in the past...we're focusing on the airline industry right now and we've got reason to do so."'' <ref>[http://www.whitehouse.gov/news/releases/2003/07/20030730-newsconference.v.html], President George W. Bush, ''White House Official Website'', July 30, 2003</ref>

On [[August 31]], [[2006]], a year after proposing to terminate MacLean, the TSA asserted that the July 2003 information he disclosed was SSI. <ref>[http://www.cbsnews.com/stories/2007/05/10/ap/government/main2787504.shtml U.S. Labels 2003 Leaked Memo 'Sensitive'], Larry Margasak, ''Associated Press'', May 10, 2007</ref>  TSA labeled MacLean's disclosure as SSI over three years after it was made public. <ref>[http://www.pogo.org/m/hsp/MacLeanFinalOrderSSI.pdf TSA's August 31, 2006 Final Order on Sensitive Security Information], Andrew Colsky, ''Transportation Security Administration'', August 31, 2006</ref>  The Government Accountability Office (GAO) has criticized the DHS for failing to have clear policies and oversight of its SSI designations, and using vague standards for its use. <ref>[http://www.gao.gov/new.items/d05677.pdf Clear Policies and Oversight Needed for Designation of Sensitive Security Information], Steven J. Pecinovsky, ''Government Accountability Office'', June 1, 2005</ref>  If DHS and the [[Department of Justice]] (DOJ) succeed with their removal of MacLean, these pseudo-classification markings will be abused to retroactively mark information as "sensitive" to then retaliate against whistleblowers, possibly decreasing the flow of critical information to the public. <ref>[http://pogo.org/p/government/rmaclean-dhs.html Retroactive Labeling in Robert MacLean v. Department of Homeland Security], Nick Schwellenbach, ''Project On Government Oversight'', May 5, 2007</ref>

 

On August 31, 2006, a year after proposing to terminate MacLean, the TSA asserted that the July 2003 information he disclosed was SSI. <ref>[http://www.cbsnews.com/stories/2007/05/10/ap/government/main2787504.shtml U.S. Labels 2003 Leaked Memo 'Sensitive'], Larry Margasak, ''Associated Press'', May 10, 2007</ref>  TSA labeled MacLean's disclosure as SSI over three years after it was made public. <ref>[http://www.pogo.org/m/hsp/MacLeanFinalOrderSSI.pdf TSA's August 31, 2006 Final Order on Sensitive Security Information], Andrew Colsky, ''Transportation Security Administration'', August 31, 2006</ref>  The Government Accountability Office (GAO) has criticized the DHS for failing to have clear policies and oversight of its SSI designations, and using vague standards for its use. <ref>[http://www.gao.gov/new.items/d05677.pdf Clear Policies and Oversight Needed for Designation of Sensitive Security Information], Steven J. Pecinovsky, ''Government Accountability Office'', June 1, 2005</ref>  If DHS and the [[Department of Justice]] (DOJ) succeed with their removal of MacLean, these pseudo-classification markings will be abused to retroactively mark information as "sensitive" to then retaliate against whistleblowers, possibly decreasing the flow of critical information to the public. <ref>[http://pogo.org/p/government/rmaclean-dhs.html Retroactive Labeling in Robert MacLean v. Department of Homeland Security], Nick Schwellenbach, ''Project On Government Oversight'', May 5, 2007</ref>

==Department of Homeland Security and Department of Justice's Arguments==

==Department of Homeland Security and Department of Justice's Arguments==