U.S. Justice Antonin Scalia: “And [MacLean] was successful...[TSA] called off the [long distance, nonstop flight] cancellations.”
On January 18, 2018, the U.S. Office of Special Counsel ordered the Secretary of the Department of Homeland Security to conduct an investigation—per Federal law 5 U.S.C. § 1213—of the discovery by Federal Air Marshal Robert MacLean of a new danger to pilots when a cockpit secondary barrier is not installed
Before he beat the Transportation Security Administration's (TSA) appeal to the U.S. Supreme Court and obtained legal whistleblower protection status from the U.S. Merit Systems Protection Board (MSPB), Federal Air Marshal (FAM) Robert MacLean stopped TSA from violating law and forced it to deploy FAMs onto terrorist-targeted nonstop, long-distance flights—like those attacked on 9/11. Suicidal hijackers plotted to exploit State Department visa and TSA security screening loopholes.
For six years TSA tried to hide this fact until MacLean filed a second Freedom of Information Act Request (FOIA) for its July 26, 2003 wait-for-pilots-to-use-lavatory hijack warning:
The day after MacLean’s July 2003 disclosures, numerous bipartisan members of Congress protested. All day TSA denied there was such a plan until finally admitting that it made a “mistake” and canceled their plan. Senate Judiciary Chairman U.S. Senator Chuck Grassley and Senate Committee on Homeland Security and Governmental Affairs Chairman U.S. Senator Ron Johnson would support MacLean before the Supreme Court and in a subsequent Senate hearing, respectively. Congress blasted TSA’s inane cost-savings plan devised due to wasting $1.4 MILLION on cash bonuses for TSA senior executive. MacLean also reversed dangerous grooming standards, dress codes, and boarding procedures that compromised the identity of FAMs. Despite MacLean successfully fixing these security lapses, TSA fired him on April 10, 2006.
U.S. Senate Minority Leader Charles “Chuck” Schumer, and future U.S. presidential candidates John Kerry and Hillary Clinton also went public about their outrage of TSA's ridiculous plan to remove FAMs from those targeted flights.
Months after MacLean’s July 2003 disclosures—the airlines began to deploy steel 12-cable flight deck (cockpit) Installed Physical Secondary Barriers (IPSB). The 12-cable IPSBs 100% eliminated suicidal attackers from rushing the flight deck when pilots unlocked and opened it in order to get food, sleep, or use the lavatory.
Due to being CO$T-prohibited—caused by aircraft downtime to repair them—the airlines have stopped installing 12-cable IPSBs or removed them from entire fleets.
The 12-cable IPSBs are also dangerous due to the fact they get damaged from passengers’ roller-bags and can fall into the main egress area and hinder evacuation.
Being exposed to the main cabin, the 12-cable IPSBs can also be sabotaged with a common carry-on item or nonflammable glue.
USA Today and Government Executive Magazine reported a supervisor asserting in writing that TSA was criminally violating 18 U.S.C. § 1513(e) given the level of fresh retaliation against MacLean. TSA is now bankrupting him, failed to have him mentally committed, and is “engaged in vigorous, vicious, sustained, unrepentant and politically motivated efforts to wreck his career.”
Last August, seven Democratic and Republican members of the U.S. Senate and House of Representatives reject TSA’s response to inquiries made by U.S. Senator Claire McCaskill and the House Committee on Government Oversight and Government Reform regarding the costly taxpayer-paid litigation against MacLean and take advantage of an overburdened U.S. Office of Special Counsel and MSPB—the MSPB issued a final ruling declaring MacLean is a protected whistleblower. TSA now wants to set the reckless precedent by arguing he does not deserve any lost promotions, despite having a spotless and “exemplary” record—as stated under oath by his terminating official and TSA’s only MSPB hearing witness. If TSA beats MacLean, the highest performing federal employees with the most credibility and responsibility will choose advancement over reporting wrongdoing within their agencies.