News Monthly www.LaderaTimes.com May 2015

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Page 20 Ladera Times May 2015

Robert Maclean Fought the Governsource?

Even if your boss wasthe President of the UnitedStates?

Distinguished Air Forceserviceman. Orange CountyBorder Patrol Agent, andU.S.Federai Air Marshal,Laderian and now U.S. Su-preme Court victor RobertJ. Maclean did just that.

There are three typesof people in this wond: thesheep, the wolves, and thesheep dogs. J am glad thiswas me and not someonewho would have cavedin," Robert told the LaderaTimes.

"I juS[ happened to bea guy with a clean recordwho fought it with the helpof influential and generousfolks. Most civil servantshave families to providefor and cannot risk get-ting blackballed and beingunemployed for years.

"A year after beingfired by the Department ofHomeland Security, the LosAngeles Sheriffs Depart-ment disqualified me froman entry-level positionworking in its jails."

On January 21, in a 7-2opinion by Chief JusticeRoberts, the US SupremeCourt held that,: Federalwhistlcblower laws bar thegovernment from firing em-ployees wbo disclose to thepublic matters ofsignificantpublic concern unless thatdisclosure is "specificallyprohibited by law."

For a disclosure to be"specifically prohibitedby law," it is not enoughfor Congress [0 generally

you would remain protected- and that the oath you tookfor your job compelled youto say something, wouldyou ignore that moral voicein your head to tell fellowcitizens through a trusted

What if the higherupstold you stay quiet, wouldyou blow the whistle?

If there were laws onthe books that protectedyou from disclosing suchinfonnation and felt that

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tion on your job as an AirMarshal following 9/11 thatwould jeopardize nationalaviation security would youalert your bosses?

May 2015 Ladent Tim Page 21

ent over Air IraDic Saletv &Won

delegate to an administrativeagency the power to bar thatspecmc disclosure.

Instead, the disclosuremust be expressly barred bythe statute itself. In this case,the Court held that a post-9111 law enacted to expandaviation security, authori-ties did not provide such anexpress prohibition, and sothe government wrongly ter-minated a former air marshalafter he disclosed alarminglapses in aviation security,"according to a highly popularBloomberg L.P. news blogthat covers the SupremeCourt. (www.scotus-blog.comfcase-D1eslcases/department-of-homeland-security-v-macleanl)

The Supreme Court ruled

in favor of our neighborRobert who on July 28, 2003,made disclosures to nationalmedia about proposed Trans-portation Security Admin-istration (TSA) operationalchanges (the immediate haltof Federal Air Marshals(FAMs) on overnight longdistance flights due to budgetconstraints) that the govern-ment sent out by text to FAMson their unsecured TSA Nokiaphones in early July 2003.

Robert believed tak-ing FAMs off nonstop, longdistance flights like thiswould have reduced aviationsecurity.

The TSA changed itscourse after the story broke;however, Robert was eventu-ally fired on April II, 2006.

He claimed the govern-

ment overstepped by ret-roactively classifying hisunsecured Nokia phone textmessage and the SupremeCourt upheld two unanimous(3-0 and then 10-0) U.S.Court ofAppeals for the Fed-eral Circuit's decisions thisyear.

Now that the SupremeCourt remanded the case toa San Francisco U.S. MeritSystems Protection Boardadministtative judge, on April14, Judge Franklin M. Kangissued a very curt warningto TSA that he is inclined torule Robert made a disclo-sure protected by the federalWhistleblower Protection Actof 1989.

Judge Kang further statedthat he sees no point in hold-ing more proceedings unles')

Ladera Hero - Lade-nan Robert Maclean, whofought the Fedeal Govern-ment and won all the wayto the Supreme Court, isshown about with his fam-ily, from left: Left to rightdaughter Sofia, wife Gisselholding Cici, and daughterSarah. (Photo Courtesy ofCame Maricle)

TSA can provide him withnew previously unavailableevidence against him within14 days.

Robert and his familyhave fought for whistleblowerprotections since that time~and feels it's the fourth bal-ance ofpower: Freedom ofSpeech to expose wrongdo-mg.

In confidential(cootinued on the next page)

Page 22 Ladera Times May 2015

laderian Prevails in Supreme coun(Ol)lllinued from the ~viou:s page)settlement talks now withthe government, Robert-an impeccable Air Forceveteran law enforcementofficer ~ isn't looking tobum bridges.

If the government or-ders him back to work, hewill report to duty. He andhis family love living inLadera Ranch and have feltthe coouJ1uni ty support.

"If.my Country needsme,I am ready to serve.This was a big fight thatneeded to be fought

''For many years, thistype of whistleblowerretaliation was brought toother people. Who wantsto lose all of their money,their reputation?", Robert

said."In my case, my big-

gest influences are the air-man, soldil.:rs, marines, andsailors who paid with theirlimbs or lives. Who am 1to cry wht."(l those guys andgals- are coming back inwheelchairs or coffins!"

"I have faith that theright thing will be done,"he said.

Robert thanks his fam-ily, his amazing litigationteam for each court hiscase haS- seen and Congres-sional support he received.specifically 49th DistrictCongressman Darrell Issa,who represents LaderaRanch. Congressman lssaWdS the only Californiamember of Congress to

support Robert by inter-vening with friend of thecourt filings called amicuscuriac briefs.

Eight members ofCongrcss in all legallyinvolved themselves inRobert's case.

Despite California U.S.Senator Barbara Boxertaking credit for enactingthe provision to mandatefoAMs on nonstop, distanceU.S. flights (www.box-er.senate.gov/about!biography.html) andpublicly, thanking (www.ratical.orglratvillefCAHflinkscopyfTSAwitchHunt.html)j the anonymoussources who upheld herlaw and who were being

retaliated against days afterRobert's July 2003 disclo-sure.

In an internet searchand repeated cal Is to heroffice, Senator Boxerrefuses to issue any com-ments.

Our investigation alsodiscovered that then-U.S.Senator Hillary ClintonCD-New York) publiclysupported Robert's actionsby expressing her "extremeconcern" about TSA's plan.

"There have beenamazingly generous peoplefrom keeping us from fail-ing into the black hole,"our hometown hero said.

"Its vindication forme," hc said. "Everybodysaid 1 was crazy. Unhinged.

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Did you ever the phrase"Don't be a tattletale?"

He quotes multi-Oscarwinning director MartinScorsese's 'Goodfellas',when Robert de Niro'smob character said: "Youlearned the two greatestthings in life, never raton your frie'nds and k~pyour mouth shut." Thatmovie was about the ma-fia,

"Not everyone is ina position where peoplehave a lot of freedoms.People live pay check topaycheck. Handling high-level wrong doing. Youkeep your mouth shut,"Robert said. "In this Case,they picked the wrongperson." ,.

(Editor's Note: RobertMacC/ean contributed tothe research on this story)

Laders Times

About the Cover -In the photo aboveand on the cover, celebrating a hard-foughtvictory on the steps of the U.S. SupremeCourt are whistleblower Robert Maclean(center), of Ladera Ranch; his wife Gis-sel behind his right shoulder; his daughter

Page 23

Sofia in the middle; his attomey Neal Katyal(wearing glasses)'rf,0bama's fonner U.S.Solicitor Genera"!; and C~rolyn N. Lernerthe current U.S. Special Counsel. (Photocourtesy of Pam Rutter of the Project OnGovernment Oversight)

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