Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Supreme Court Will Hear Air Marshal’s Whistleblower Case

Author: Joel N. Kreizman

Date: May 27, 2014

Key Contacts

Back

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.

whistleblower
Photo by Jakob Braun on Unsplash

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.

We will report back when the Court provides an answer to what should happen when an individual employee’s determination of what public safety requires clashes with the determinations of his supervisors as to what’s required. Does the concern for public safety outweigh the usual requirement to follow the chain of command?

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.

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Scarinci Hollenbeck, LLC, LLC

    Related Posts

    See all
    Does Your Homeowners Insurance Provide Adequate Coverage? post image

    Does Your Homeowners Insurance Provide Adequate Coverage?

    Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

    Author: Jesse M. Dimitro

    Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
    Understanding the Importance of a Non-Contingent Offer post image

    Understanding the Importance of a Non-Contingent Offer

    Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

    Author: Jesse M. Dimitro

    Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

    Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
    Novation Agreement Process: Step-by-Step Guide for Businesses post image

    Novation Agreement Process: Step-by-Step Guide for Businesses

    Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

    Author: Dan Brecher

    Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
    What Is a Trade Secret? Key Elements and Legal Protections Explained post image

    What Is a Trade Secret? Key Elements and Legal Protections Explained

    What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

    Author: Ronald S. Bienstock

    Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
    What Is Title Insurance? Safeguarding Against Title Defects post image

    What Is Title Insurance? Safeguarding Against Title Defects

    If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

    Author: Patrick T. Conlon

    Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Sign up to get the latest from our attorneys!

    Explore What Matters Most to You.

    Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

    Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

    Supreme Court Will Hear Air Marshal’s Whistleblower Case

    Author: Joel N. Kreizman

    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.

    whistleblower
    Photo by Jakob Braun on Unsplash

    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.

    We will report back when the Court provides an answer to what should happen when an individual employee’s determination of what public safety requires clashes with the determinations of his supervisors as to what’s required. Does the concern for public safety outweigh the usual requirement to follow the chain of command?

    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.

    Let`s get in touch!

    * The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

    Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

    Please select a category(s) below: