Elsewhere in the Courts: Whistleblowers

Robert MacLean, a former federal air marshal, was fired by the Department of Homeland Security (DHS) after he revealed in 2003 that the DHS planned to eliminate air marshals from high-risk flights to save money despite warnings of attempted terrorist incidents aboard aircraft. MacLean filed suit with the U.S. Merit Systems Protection Board, an administrative panel that conducts hearings into federal employment issues, claiming that he was illegally fired for his whistleblowing activities. The board disagreed, finding that MacLean could not be covered by whistleblower protection statutes because he disclosed sensitive security information. A whistleblower advocacy group says the ruling effectively eviscerates whistleblower protections. (MacLean v. Department of Homeland Security, U.S. Merit Systems Protection Board, No. SF-0752-06-0611-I-2, 2009)