News from Passman & Kaplan: On April 1, 2019, Passman & Kaplan, P.C. Founding Principal Edward H. Passman and his client, Tricia Newbold, were both interviewed in the press. Ms. Newbold was interviewed by NBC News. Mr. Passman was interviewed on National Public Radio (NPR), on NPR's All Things Considered program. Both interviews concerned Ms. Newbold's claims against the Executive Office of the President, Office of Administration, which were recently discussed in greater detail in this blog.
News from Congress: Tricia Newbold, an employee at the Executive Office of the President, Office of Administration, recently testified before the House Committee on Oversight and Reform. As the Committee's chair, Rep. Elijah Cummings, stated in an April 1, 2019 letter to the White House, Ms. Newbold "has informed the Committee that during the Trump Administration, she and other career officials adjudicated denials of dozens of applications for security clearances that were later overturned. As a result, she warned that security clearance applications for White House officials 'were not always adjudicated in the best interest of national security.' She also reported to the Committee that she has been targeted for retaliation after declining to grant security clearances based on longstanding national security protocols. She stated: 'I'm terrified of going back. I know that this will not be perceived in favor of my intentions, which is to bring back the integrity of the office.'"
News from Passman & Kaplan: Passman & Kaplan Principal Andrew J. Perlmutter will be moderating a panel discussion with staff from the U.S. Office of Special Counsel on November 28, 2018. The discussion, "Latest Developments at the Office of Special Counsel", is sponsored by the American Bar Association, Section on Administrative Law and Regulatory Practice, Government Personnel Committee. For additional details or to register, see the ABA's website.
Developments at OPM: On October 10, 2018, the Office of Personnel Management (OPM) issued Interpretive Guidance on implementation of Section 5 of Executive Order 13,839. OPM's Interpretive Guidance clarifies some aspects of how Section 5--the provision limiting modification of federal personnel records in settlement--should be applied.
News from the Courts: On August 25, 2018, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia issued a 122-page memorandum opinion in American Federation of Government Employees et al. v. Trump, No. 1:18-cv-1261. The Court struck down significant portions of the three May 25, 2018 executive orders concerning federal employees.
Developments at the OSC: The U.S. Office of Special Counsel (OSC) recently issued its annual report to Congress for Fiscal Year 2017.
News from the Whitehouse: On May 25, 2018, hours before the start of Memorial Day weekend, President Trump issues three executive orders with potentially far-reaching negative consequences for federal employees.
News from the Courts: The U.S. Courts of Appeals for the 7th and 9th Circuits each issued recent whistleblower reprisal decisions. Both courts reversed rigid Merit Systems Protection Board (MSPB) decisions requiring specific fact allegations in whistleblower claims at the Office of Special Counsel (OSC).
News from the Courts: On December 7, 2017, the U.S. Court of Appeals for the 4th Circuit issued its decision in Flynn v. Securities and Exchange Commission, No. 16-2122. In one of the later decisions to arise under the recently-expired all-circuit review provision for federal sector whistleblower reprisal claims.
News from the Federal Circuit: On October 26, 2017, the U.S. Court of Appeals for the Federal Circuit issued its en banc decision rehearing in Parkinson v. Dept. of Justice, No. 2015-3066. In a split decision, the Court rejected an FBI employee's ability to raise a whistleblower reprisal affirmative defense in his MSPB appeal.