The U.S. Supreme Court has agreed to decide whether Robert J. MacLean, a federal air marshal, was unfairly fired for leaking sensitive information that he believed endangered the public. The case, Department of Homeland Security v. MacLean, will be heard sometime during the court’s term that begins next October.
In 2003, MacLean was working for the Transportation Security Administration (TSA) as an air marshal. He was briefed about a potential terrorist attack and, shortly thereafter, received notice from TSA that the agency was reducing the number of undercover air marshals on overnight trips due to budget deficits. MacLean voiced his concerns to his boss, who told him to keep quiet. Instead, MacLean leaked the information to MSNBC. Within the next day, the Department of Homeland Security had canceled the manpower reduction order.
MacLean, whose identity had been concealed after the leak, was fired by TSA in 2006 when his identity was discovered. MacLean appeared on an NBC Nightly News program, regarding a different incident, but his disguise was inadequate.
A lower court ruled that MacLean was entitled to argue that he was protected by whistleblower laws. However, the government is asking the Supreme Court to reverse that decision, arguing it “effectively permits individual federal employees to override the TSA’s judgments about the dangers of public disclosure.”
MacLean’s response portrays him as a hero who prevented a potential tragedy and helped change government policy. MacLean had previously argued that TSA’s plan to eliminate the use of air marshals on overnight trips was not considered sensitive information by the agency because it had been sent unencrypted to his cellphone.
If you have any questions about the case discussed above or would like to discuss other employment law matters, please contact me or the Scarinci Hollenbeck attorney with whom you work.
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Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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