Air marshal fired for making planes safer

November 3, 2006 @ Michael Hampton9 Comments

In 2003, the Transportation Security Administration wanted to pull federal air marshals off the highest-risk nonstop flights, just after the U.S. had foiled al-Qaeda hijacking plots in which terrorists would have used bombs smuggled inside cameras, flown planes into London landmarks, and caused general mayhem in the skies.

Air marshal Robert MacLean blew the whistle. The air marshals didn’t get pulled off the flights. And for that, he was fired.

MacLean is the first federal employee ever fired for the “Unauthorized Release of Sensitive Security Information.” He filed a lawsuit in U.S. circuit court Monday challenging his termination.

In July 2003, only days after DHS issued warnings that stemmed from a foiled hijacking plot, MacLean exposed that the Federal Air Marshal Service (FAMS) was planning to drastically reduce air marshal protection of long haul flights. Although the nationally broadcasted cellular phone text message that MacLean disclosed only mentioned reductions planned until August 9, 2003, “FAMS officials said that these program reductions would have continued for the remainder of the fiscal year,” according to a Government Accountability Office (GAO) report (PDF) issued in March 2004. High-risk flights would have been affected for three months.

TSA’s plan was at odds with the Aviation and Transportation Security Act, whose Section 105 states that “Deployment of Federal Air Marshals… [on] nonstop, long distance flights, such as those targeted on September 11, 2001, should be a priority.”

MacLean’s disclosure, and the Congressional outrage it generated, forced the TSA to reverse course and immediately restore funding — narrowly preventing high-risk flights from being severely exposed to increased risk.

TSA ordered MacLean’s termination on April 10, 2006, citing this single allegation for his subsequent removal from federal service. On its face, this justification violates both the Whistleblower Protection Act (WPA) and a spending ban in appropriations law, commonly known as the “anti-gag statute.” — Project on Government Oversight

“Vindictive retaliation like this makes agents unwilling to report gross mismanagement,” MacLean told theWashington Times. “If TSA’s actions against me go unchecked, in the future anyone in a national security position will ignore their oath, turn a blind-eye, and remain silent out of fear of retaliation.”

The Whistleblower Protection Act is supposed to allow whistleblowers to disclose information, even Sensitive Security Information, if the federal employee “reasonably believes” the information is evidence of a substantial danger to public safety. It’s even supposed to have a few teeth, requiring bureaucrats who fire whistleblowers to pay out of their own salaries the costs of investigating their actions.

Yet the bureaucrats continue to retaliate against whistleblowers, because the act is unevenly — some might say rarely — enforced. Worse, the Act doesn’t cover national security whistleblowers who disclose classified information of waste, fraud, abuse or public danger.

“MacLean’s termination is a case study in the abuse of government secrecy,” said POGO’s Nick Schwellenbach. “MacLean disclosed this information in the interest of homeland security, but TSA’s ham-fisted management retaliated against him anyway. Whistleblowers like MacLean serve the American public, and by protecting whistleblowers, we protect ourselves.”

Kip Hawley really is an idiot, it seems.

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9 Comments → “Air marshal fired for making planes safer”


  1. Q

    Nov 03, 2006

    This is a very, very brave man, I wish him the best and thank him for taking on such a huge risk.

    Reply

  2. Neil Robinson

    Nov 04, 2006

    Hi, Michael,

    Great blog – and this is an interesting article. Take a look at the article on my blog about the planned UK-US biometric database. be afraid. Be very afraid.. See www.blog.lanzen.co.uk

    Reply

  3. helmetedwarrior

    Nov 04, 2006

    This is so typical government. They are more worried about apperance than anything else. Security theater, “Lets make everyone beleive we are doing something when in fact we are not”. Then when they get caught doing something they should not be doing, it is retaliation for making them look bad.
    Lets hope there are more people out there like Robert MacLean and then we can start making the government accountable for their mistakes and wrong doing.

    Reply

  4. Thomas Mason

    Nov 05, 2006

    Solution? Buy guns and shoot and kill all corrupt government
    officials. The goons have interrogated me, and when it comes
    to corruption, why waste taxpayer money with court actions,
    imprisoning the corrupted government thug, etc..
    just shoot them in the face, point-blank, with a 12-guage
    birdshot. CASE CLOSED!!! Instead of years of misery while
    waiting for a verdict, waiting and watching for the thug to
    die in jail after over $100,000 is spent in the entire process,
    go to the store, buy a box of 12-guage birdshot (or buckshot)
    for less than 10 dollars, and level the playing field in an instant. I am sick and tired of watching government employees doing their dirty deeds, and having to waste the taxpayers’ money for “justice.” Even after all that, the thugs can
    still walk free from court, after state (tax-paid) lawyers
    get the thug government officials off the hook.
    Why go through all that hassle, when you know if a
    government official is dirty, just clean him up yourself
    with a shotgun, bow-and-arrow, Rambo knife to the chest, etc…
    This is how to take America back!!!!!

    Reply

  5. Tx 2 stepps

    Nov 06, 2006

    Normal CYA. If the American goverment truly cared about the little guy, they would allow the citizens to go anywhere armed. That would have stopped 9-11 in its tracks.
    >
    >
    Phone intercept from the US to Afganastan 9-12 to a voice mailbox. “Osama we could not hi-jack the planes we tried and most of my brothers were shot by the Great Satans lackeys. Abdul, Hussien and Mohammad stood up and announced that we were hi-jacking the plane. Three americans stood up and said; Oh no you’re not, and opened fire three shots and three dead. I decided that I didn’t need 78 virgins then. Will try something else later. Gotta go think I am being followed.” Call ended.

    Reply
  6. Nov 06, 2006

    Reply

  7. Alexander Manuel

    Nov 11, 2006

    Thomas Mason wrote:

    “… shoot and kill all corrupt government
    officials…just shoot them in the face, point-blank, with a 12-guage birdshot…go to the store, buy a box of 12-guage birdshot… and level the playing field in an instant…when you know if a government official is dirty, just clean him up yourself with a shotgun, bow-and-arrow, Rambo knife to the chest, etc…”

    Get some help ASAP!

    -Alex

    Reply

  8. Gail DeCaire RN

    Nov 20, 2006

    I am a Registered Nurse and General Motors Salary retiree. I too-
    am a Whistle blower. Can prove conspiracy/cover-up that transcends
    ALL levels of OUR legal system. Sadly, though WE have letters and
    have been dismissed by the FBI(Anderson & Roberts) US dept. of Labor
    (Hyde, Menez, DOVE) HHS, OSHA and many more NO ONE WILL tell the
    Story. Pat Meyer(director of L.A.W.S.) met with Nancy Pelosi’s
    staff last week(Wendall Primus & Jody Calemine) The American People
    have a RIGHT to know the TRUE story. Have documentation to prove that
    CEO’s WAGONER(GM) and Miller(DELPHI) orchestract the entire Delphi
    Bankrupty to OUTSOURCE American jobs and Break the UNION. WE WANT A
    CONGRESSIONAL HEARING. WE WILL NOT BE SILENT.
    Gail DeCaire RN- The Last GM Nurse(general motors) L.A.W.S & ACORN

    Reply

  9. mahdi

    Nov 26, 2006

    first iam greeting all officers then i would like to go in america iam ready to became a armay i live in uganda specialy kampala i want go in america because anerica is a best country over the world

    Reply

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