United States Federal Circuit

A decision by the Merit Systems Protection Board affirming the removal of an auditor for the Office of the Inspector General for failing to maintain his security clearance is vacated and remanded where: 1) the court can review the validity of a security clearance revocation since the statutory provision allowing review of an agency's compliance with its own procedures does not amount to an unwarranted intrusion upon the authority of the Executive; 2) revocation of his Secret clearance was not retaliatory; 3) plaintiff was provided with notice in accordance with statute; and 4) the board failed to address whether defendant followed its own procedures in its reciprocal revocation of plaintiff's Secret security clearance.

Appellate Information

• Decided 06/02/2008
• Published 06/02/2008

Judges

• BRYSON, Circuit Judge., Before LOURIE, BRYSON, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Wilfredo Romero, of Laurel, MD, pro se., Arthur B. Spitzer, American Civil Liberties Union of the National Capital Area, of Washington, DC, for amicus curiae American Civil Liberties Union of the National Capital Area.


• For Appellees:
  
• Tara J. Kilfoyle, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent.   With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.