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Final Ninth Circuit Sensitive Security Information ( SSI ) petition MacLean v. DHS - filed April 2007

Final Ninth Circuit Sensitive Security Information ( SSI ) petition MacLean v. DHS - filed April 2007

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Published by Robert MacLean
Robert MacLean's response to U.S. Department of Justice's reply to U.S. Court of Appeals for the Ninth Circuit petition of retroactive TSA Sensitive Security Information ( SSI) order in the case of Federal Air Marshal Robert MacLean v. Department of Homeland Security - filed April 2007
Robert MacLean's response to U.S. Department of Justice's reply to U.S. Court of Appeals for the Ninth Circuit petition of retroactive TSA Sensitive Security Information ( SSI) order in the case of Federal Air Marshal Robert MacLean v. Department of Homeland Security - filed April 2007

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Categories:Types, Legal forms
Published by: Robert MacLean on Jan 16, 2012
Copyright:Public Domain

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02/05/2014

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 No. 06-75112IN THE UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUITROBERT J. MACLEAN,
 Petitioner 
v.DEPARTMENT OF HOMELAND SECURITY,
 Respondent 
On Petition for Review of Respondent’s August 31, 2006 “Final Order onSensitive Security Information in connection with
MacLean v. Department of Homeland Security
, No. SF-0752-06-0611-I-1 (M.S.P.B.)”
PETITIONER’S REPLY TO BRIEF FOR RESPONDENT
Peter H. Noone (Mass. Bar No. 631341)Avery, Dooley, Post & Avery90 Concord AvenueBelmont, Massachusetts 02478Telephone (617) 489-5300Facsimile (617) 489-0085Counsel for AppellantRobert J. MacLean
 
TABLE OF AUTHORITIES ………………………………………. iI. SUMMARY OF THE ARGUMENT …………………………II. ARGUMENT…………………………………………………..A.
 
The Text Message Was Not Specific to the Las Vegas Office
B.
 
The Cancelled RON Missions Were Not Specifically Las Vegas-Based
 C.
 
The Text Message Identified No Specific Missions
 D.
 
The Text Message Did Not and Could Not Harm Aviation Security
 E.
 
The Order is Based on a Retaliatory Motive and is Reasonably Likely toDeter Whistleblowers from Making Protected Disclosures
 F.
 
The Order Cannot be Valid Because it Violates the WPA
 G.
 
The Order Cannot be Valid Because it Violates the Anti-Gag Statute
 H.
 
Lack of Evidence in the Record Should be Construed Against the Agency
 I.
 
The Agency Failed to Mark the Text Message SSI Because the TextMessage Was Not SSI
J.
 
The Agency Denied Petitioner Due Process by Refusing to Grant Him anOpportunity to Lodge Objections with the Agency
III. CONCLUSION………………………………………………………
 
TABLE OF AUTHORITIES

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