MacLean

BACKGROUND

In late July, 2003, while working as a Federal Air Marshal in Nevada, MacLean received a text message on his government-issued cell phone stating that “all RON (Remain Overnight) missions . . . up to August 9th would be cancel- led.” This message indicated to MacLean that there would be no Federal Air Marshals on overnight flights from the time of MACLEAN v. DEPARTMENT OF HOMELAND SECURITY 13001 the text message up to August 9, 2003. MacLean believed that the cancellation of these missions was detrimental to public safety. He raised this concern with his supervisor, who did not make further inquiry. MacLean then attempted unsuccessfully to alert the Office of Inspector General. On July 29, 2003, MacLean disclosed the text message to members of the press. The Federal Air Marshal Service later confirmed that the text message’s contents did not reflect a final decision of its direc- tor and there was no cancellation of overnight missions.

On September 13, 2005, the Department of Homeland Security issued a notice of proposed removal to MacLean. The agency alleged that MacLean’s disclosure of the text message on July 29, 2003, violated 49 C.F.R. § 1520.7(j) (2003),…