National Whistleblowers Center Calls for Immediate Review of Lame Duck MSPB Appointees

Washington, D.C. June 24, 2009.   On June 22, 2009, the Merit Systems Protection Board (MSPB) issued a long awaited ruling in Robert J. MacLean v. Department of Homeland Security Agency.  Mr. MacLean blew the whistle on the Department of Homeland Security's Transportation Security Agency (TSA) plan to improperly remove U.S. Air Marshals from long distance flights during a heightened terrorist alert.  Mr. MacLean was concerned that the TSA's plan posed a serious threat to public health and safety.  After Mr. MacLean's internal warnings were ignored, he made a public disclosure that was protected under the Whistleblower Protection Act.  The Department of Homeland Security (DHS) subsequently fired Mr. MacLean in flagrant violation of the law.  However, in order to win their case, DHS retroactively labeled his disclosure as Sensitive Security Information. The MSPB declined to review this retroactive relabeling and upheld Mr. MacLean's termination.

Stephen M. Kohn, Executive Director of the National Whistleblowers Center issued the following statement: