While that conclusion is true for subparagraph (A), 49U.S.C.
provides additional, independent jurisdiction under
(c)(2)(B) permits Board reversal of
personnel action "based on anyprohibited personnel practice described in section 2302(b) of
title...."At oral argument, Judge Wallach requested references to Mr. MacLeanbeing warned of possible retaliation if he acted further to challenge cancelation ofAir Marshal coverage on long distance flights targeted by the terrorists . Due to anear infection, counsel erroneously thought the request was for all conversationsbetween Mr. MacLean and his supervisor Mr. Schoffield, for which citations wereprovided during rebuttal. The audio recording revealed this mistake. The properreference for the warning isA212-13.The transcript text is as follows:"And I called the Oakland Field Office. And that's when I spoke to aSpecial Agent about — I don't know if
— I didn't immediately speak to a SpecialAgent. I probably spoke to a receptionist first, and I said, 'I'd like to speak to acriminal investigator.'"I spoke to him. I told him what's going on. He said he was very aware ofall the problems at the Air Marshals. He said, he goes, 'I fly, and it's prettyobvious who you guys are. Some people like to play who's the Air Marshal ontheir flight.' He was kind of making a big joke out of it."And he's just — and he — I said, 'Well, what — what could be done here?Can there' —"And he goes,
this is — this is — there's nothing that could be done.Just — just walk away from it, don't — don't bother. You know, you got a lot ofyears left in your career.' I think we had a discussion."There was no related examination of