Maclean v. Dept. of Homeland Security~Jacob

What is this case about?

- Robert Maclean was a Air marshal for the TSA, when all of the air marshals were alerted of a potential high jacking

- At a time where the potential high jacking was still present, the TSA reduced the number of Air Marshalls on board

- Maclean told a news network of the reduction of Air Marshals, and he was fired

- Now, Maclean is fighting the TSA/Dept. of Homeland security for his job back on the grounds that his disclosure of secrets was legal

Why did you pick this case?- Whistleblowing is an important option for citizens who believe that the

government is making stupid decisions

- Whistleblowing has been really big in the news lately (i.e. Snowden)

- Easy concept to understand and share

- I think the government Is too powerful and needs to be punched

Arguments for both sides;

Maclean

- The law states that secrets released by congress are “specifically prohibited by law” however in the law it states “Law” instead of “Laws, rules and regulations” which excludes government agencies like the TSA

- The TSA cannot fire Maclean for whistleblowing information that can harm society

TSA/Dept. of Homeland Security

- The TSA is allowed to fire Maclean because under the whistleblower act, “Order” is not a “Personal Action”

- The law states that certain things that are secret cannot be released (things by congress)

Amicus Briefs in favor and against MacleanFlyersrights.org (In Favor of Maclean)

Flyrersrights.org advocate for the rights of airline travelers. Their brief had the airline traveler’s perspective in mind, and the dangers the reduction of air marshals would have had on the security of the airline passengers.

Basically, Flyersrights.org represent the people that will be affected by the leak by Maclean (+)

Members of Congress

These members of Congress are part of a subcommittee designed to protect whistleblowers. Each of them have supported or authorized the WPA, and have a strong interest in this case because they want to ensure that Maclean, being a whistleblower, is protected from the TSA from being angry and firing Maclean.

What was the decision? - The Decision was 7-2 in favor of Maclean.