This action might not be possible to undo. Are you sure you want to continue?
, law enforcement sensitive, SSI or classified information. RAF, Tab 44, Exhibit 8; Tr. at 113-15, 118-23. The appellant also admitted during the Immigration and Customs Enforcement (ICE) Office of Professional Responsibility (OPR) investigation: Due to the fact that my chain of command, the DHS OIG and my Congressmen all ignored my complaints and would not follow them up with investigations, I have NO REGRETS or feel NO REMORSE for going to a credible and responsible media representative, Brock Meeks. Brock Meeks reporting these gross mismanagement issues has resulted in immediate and positive change in deadly FAMS policies. IAF, Tab 4, Subtab 4J, Exhibit 2 (emphasis in original). ¶32 In the face of a clear Congressional directive for nondisclosure and a regulatory provision promulgated pursuant to that directive, which explicitly prohibits the type of public disclosure made by the appellant, the agency could and did reasonably infer a risk from the appellant’s lack of remorse that he would continue to make disclosures that were prohibited by law. Thus, under the circumstances, we find that the appellant’s lack of remorse to be a significant distinction justifying the agency’s decision to remove him rather than imposing a lesser penalty. Cf. RAF, Tab 45, Exhibit F (the deciding official in A.R.’s case stated that he “plac[ed] a great deal of weight” on the fact that A.R. “demonstrated sincere remorse over this current incident” and “assured” the deciding official that he would “demonstrate the utmost diligence when handling SSI information.”). ¶33 Considering the record as a whole, we find that the appellant has not proven by a preponderance of the evidence that the agency intentionally discriminated or
SEP-27-2005 TUE 11 : 53 AM MAHON BERGER
. .... . .
FAX NO, 516 873 1937
Due to the fact that my chain of command, the DHS OIG a i my rd Congressmen all ignored my complaints and would not follow them U p with investigations, I have NO REGRETS or feel NO REMORSE tor going CO a credible and responsible media representative, Brock Meeks. Brock Meeka reporting these gross mismanagement i s s u e s has resulted in immediate and positive change in deadly FAMS policies.
The contents o Â this statement are true and correct to the best of my knowledge and belief.
Statement consists of 4 pages.
ri&,this 4th day Of May
$ . Senior s .&ep Agent: Department Homeland Security Immigration & Customs Enforcement office of Professional Responsibility
Immigration & Customs Enforcement Office o f Professional Responsibility
1 2 3 4
aircraft boarding procedures, dressing and grooming codes, mandatory hotel policy, and the service's constant desire to divulge sensitive information to news organizations and the public.
Did you report to any member of Congress,
whether a Senator or representative, anything about RON missions?
No, I did not. In your affidavit to ICE/OPR, on the last
page, you make a reference to "Congressmen.
Do you see that reference on Page 4 of Exhibit
Due to the fact that my chain of command
15 16 17
of DHS/OIG and my Congressmen all ignored my
complaints, it's that I forwarded complaints to my Congressman. I didn't know at the time, as I'm reading
this, that I most likely informed the Congressmen.
Well, when you're referring to complaints
within the context of IIthis ll ?
Oh, I'm referring -- yes, I'm referring not to
the long-haul flights.
I'm referring only to the -- to