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MacLEAN v. DEPARTMENT OF HOMELAND SEC.

No. 2011-3231.

714 F.3d 1301 (2013)

Robert J. MacLEAN, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent.

United States Court of Appeals, Federal Circuit.

April 26, 2013.

Attorney(s) appearing for the Case

Lawrence Berger , Mahon & Burger, of Glen Cove, NY, argued for petitioner. Of counsel on the brief was Thomas M. Devine , Government Accountability Project, of Washington, DC.

Michael P. Goodman , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC., argued for respondent. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director.

Douglas Hartnett , Elitok & Hartnett at Law, P.L.L.C., of Washington, DC, for amici curiae Elijah E. Cummings, et al.

David B. Nolan , Law Offices of David B. Nolan, Alexandria, Virginia for amicus curiae Joseph P. Carson.

Opinion for the court filed by Circuit Judge MOORE. Concurring opinion filed by Circuit Judge WALLACH.

MOORE, Circuit Judge.

Robert J. MacLean petitions for review of a final decision of the Merit Systems Protection Board (Board), which sustained the Transportation Security Administration's (Agency's) removal of Mr. MacLean from the position of Federal Air Marshal (Marshal). See MacLean v. Dep't of Homeland Sec., 116 M.S.P.R. 562 (2011) (MacLean II). Because the Board incorrectly interpreted the Whistleblower Protection Act (WPA), we vacate and...

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