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HESSE v. DEPARTMENT OF STATE

No. 99-3387.

217 F.3d 1372 (2000)

Rayburn F. HESSE, Petitioner, v. DEPARTMENT OF STATE, Respondent.

United States Court of Appeals, Federal Circuit.

July 6, 2000.

Attorney(s) appearing for the Case

F. Douglas Harnett, of Washington, DC, argued for petitioner.

Todd M. Hughes, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; and Mark A. Melnick, Assistant Director. Of counsel was Thomas H. Alphin, Jr., Attorney, Office of the Legal Advisor, Department of State, of Washington, DC.

Before MICHEL, SCHALL, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

The Department of State suspended Rayburn F. Hesse's Top Secret security clearance and then indefinitely suspended him from his position with the agency. He appealed the suspension from his position to the Merit Systems Protection Board. The Board first held that it lacked jurisdiction to consider the propriety of the agency's decision to suspend Mr. Hesse's security clearance. Because the agency suspended Mr. Hesse from his position based entirely...

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