News Monthly

www.LaderaTimes.com

May 2015

ladlJrianFOUllhllhlJ
GOVlJrnRllJnt& Won .
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Page 20

Ladera Times

May 2015

Robert Maclean Fought the Govern

by Amy R. Spurgeon-Hoffman

If you learned infomlation on your job as an Air

Marshal following 9/11 that
would jeopardize national
aviation security would you
alert your bosses?

What if the higherups

told you stay quiet, would
you blow the whistle?
If there were laws on
the books that protected
you from disclosing such
infonnation and felt that

you would remain protected

- and that the oath you took
for your job compelled you
to say something, would
you ignore that moral voice
in your head to tell fellow
citizens through a trusted

source?
Even if your boss was
the President of the United
States?
Distinguished Air Force
serviceman. Orange County
Border Patrol Agent, and

U.S.Federai Air Marshal,

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Laderian and now U.S. Supreme Court victor Robert

J. Maclean did just that.
There are three types
of people in this wond: the
sheep, the wolves, and the
sheep dogs. J am glad this
was me and not someone
who would have caved
in," Robert told the Ladera
Times.
"I juS[ happened to be
a guy with a clean record
who fought it with the help
of influential and generous
folks. Most civil servants
have families to provide
for and cannot risk getting blackballed and being
unemployed for years.
"A year after being
fired by the Department of
Homeland Security, the Los
Angeles Sheriffs Department disqualified me from
an entry-level position
working in its jails."
On January 21, in a 7-2
opinion by Chief Justice
Roberts, the US Supreme
Court held that,: Federal
whistlcblower laws bar the
government from firing employees wbo disclose to the
public matters of significant
public concern unless that
disclosure is "specifically
prohibited by law."
For a disclosure to be
"specifically prohibited
by law," it is not enough
for Congress [0 generally

May 2015

Ladent Tim

Page 21

ent over Air IraDic Saletv & Won

delegate to an administrative
agency the power to bar that
specmc disclosure.
Instead, the disclosure
must be expressly barred by
the statute itself. In this case,
the Court held that a post9111 law enacted to expand
aviation security, authorities did not provide such an
express prohibition, and so

the government wrongly terminated a former air marshal

after he disclosed alarming
lapses in aviation security,"
according to a highly popular
Bloomberg L.P. news blog
that covers the Supreme
Court. (www.scotus-

blog.comfcase-D1esl
cases/department-ofhomeland-security-vmacleanl)
The Supreme Court ruled

ment overstepped by retRobert who on July 28, 2003, roactively classifying his
made disclosures to national
unsecured Nokia phone text
media about proposed Trans- message and the Supreme
portation Security AdminCourt upheld two unanimous
istration (TSA) operational
(3-0 and then 10-0) U.S.
changes (the immediate halt
Court of Appeals for the Fedof Federal Air Marshals
eral Circuit's decisions this
(FAMs) on overnight long
year.
distance flights due to budget
Now that the Supreme
constraints) that the governCourt remanded the case to
ment sent out by text to FAMs a San Francisco U.S. Merit
on their unsecured TSA Nokia Systems Protection Board
phones in early July 2003.
administtative judge, on April
Robert believed tak14, Judge Franklin M. Kang
issued a very curt warning
ing FAMs off nonstop, long
to TSA that he is inclined to
distance flights like this
would have reduced aviation rule Robert made a disclosure protected by the federal
security.
Whistleblower Protection Act
The TSA changed its
course after the story broke;
of 1989.
however, Robert was eventuJudge Kang further stated
that he sees no point in holdally fired on April II, 2006.
He claimed the governing more proceedings unles')
in favor of our neighbor

Ladera Hero - Ladenan Robert Maclean, who

fought the Fedeal Government and won all the way
to the Supreme Court, is
shown about with his family, from left: Left to right
daughter Sofia, wife Gissel
holding Cici, and daughter
Sarah. (Photo Courtesy of
Came Maricle)

TSA can provide him with

new previously unavailable
evidence against him within
14 days.
Robert and his family
have fought for whistleblower
protections since that time~
and feels it's the fourth balance of power: Freedom of
Speech to expose wrongdomg.
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 with

the government, Robertan impeccable Air Force
veteran law enforcement
officer ~ isn't looking to
bum bridges.
If the government orders him back to work, he
will report to duty. He and
his family love living in
Ladera Ranch and have felt
the coouJ1uni ty support.
"If.my Country needs
me,I am ready to serve.
This was a big fight that
needed to be fought
''For many years, this
type of whistleblower
retaliation was brought to
other people. Who wants
to lose all of their money,
their reputation?", Robert

said.
"In my case, my biggest influences are the airman, soldil.:rs, marines, and
sailors who paid with their
limbs or lives. Who am 1
to cry wht."(l those guys and
gals- are coming back in
wheelchairs or coffins!"
"I have faith that the
right thing will be done,"
he said.
Robert thanks his family, his amazing litigation
team for each court his
case haS- seen and Congressional support he received.
specifically 49th District
Congressman Darrell Issa,
who represents Ladera
Ranch. Congressman lssa
WdS the only California
member of Congress to

retaliated against days after

Robert's July 2003 disclosure.
In an internet search
and repeated cal Is to her
office, Senator Boxer
refuses to issue any comments.
Our investigation also
discovered that then-U.S.
Senator Hillary Clinton
CD-New York) publicly
supported Robert's actions
by expressing her "extreme
er.senate.gov/about! concern" about TSA's plan.
biography.html) and
"There have been
publicly, thanking (www. amazingly generous people
ratical.orglratvillef
from keeping us from failCAHflinkscopyf
ing into the black hole,"
TSAwitchHunt.
our hometown hero said.
html)j the anonymous
"Its vindication for
me," hc said. "Everybody
sources who upheld her
said 1 was crazy. Unhinged.
law and who were being

support Robert by intervening with friend of the

court filings called amicus
curiac briefs.
Eight members of
Congrcss in all legally
involved themselves in
Robert's case.
Despite California U.S.
Senator Barbara Boxer
taking credit for enacting
the provision to mandate
foAMs on nonstop, distance
U.S. flights (www.box-

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May 2015

Did you ever the phrase

"Don't be a tattletale?"
He quotes multi-Oscar
winning director Martin
Scorsese's 'Goodfellas',
when Robert de Niro's
mob character said: "You
learned the two greatest
things in life, never rat
on your frie'nds and k~p
your mouth shut." That
movie was about the mafia,
"Not everyone is in
a position where people
have a lot of freedoms.
People live pay check to
paycheck. Handling highlevel wrong doing. You
keep your mouth shut,"
Robert said. "In this Case,
they picked the wrong
person."
,.
(Editor's Note: Robert
MacC/ean contributed to
the research on this story)

Laders Times

Page 23

About the Cover -In the photo above

Sofia in the middle; his attomey Neal Katyal
and on the cover, celebrating a hard-fought (wearing glasses)'rf,0bama's fonner U.S.
victory on the steps of the U.S. Supreme
Solicitor Genera"!; and C~rolyn N. Lerner
Court are whistleblower Robert Maclean
the current U.S. Special Counsel. (Photo
courtesy of Pam Rutter of the Project On
(center), of Ladera Ranch; his wife Gissel behind his right shoulder; his daughter
Government Oversight)
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