Friday February 6, 2015
Whistleblower laws exist because government officials do not always act in the nation’s best interests.
The Obama administration, in its war on whistleblowers, just lost a major battle. Major in its venue — the Supreme Court — and major in its implications for future whistleblower cases.
The Court’s decision in Department of Homeland Security v. Robert MacLean curtails the government’s manipulation of pseudo-classified information to punish whistleblowers, and strengthens the Whistleblower Protection Act (WPA).
In July 2003, TSA alerted all marshals of a possible hijacking plot. Soon after, TSA sent an unclassified, open-air text message to marshals’ cell phones canceling several months of missions to save on hotel costs. Fearing such cancellations in the midst of a hijacking alert created a danger to the flying public, veteran Air Marshal Robert MacLean tried to get TSA to change its decision.
After hitting a dead end, MacLean spoke anonymously to MSNBC, who published a critical story. Only 24 hours later, and after 11 members of Congress voiced concern, TSA reversed itself, putting marshals back on the flights. A year later, MacLean appeared on TV in disguise to criticize agency policies he felt made it easier for passengers to recognize undercover marshals. The TSA recognized MacLean’s voice and discovered he had also released the unclassified 2003 text message. He was fired in April 2006.