Amicus brief filed with SCOTUS in DHS v. MacLean



Washington, D.C.  At the National Press Club, on September 11, attorney David B. Nolan, Sr., introduced an amicus brief filed with the U.S. Supreme Court on behalf of whistleblower Robert MacLean, a former TSA air marshal. The International Association of Whistleblowers sponsored the event, “Patriots for Robert MacLean and the Continuity of Open Government.”  (Video of the press conference is available here.)

David B. Nolan, Sr., attorney and author

David B. Nolan, Sr.


At stake in the MacLean case is whether a federal government agency can use agency-defined “sensitive security information” (SSI) to hide evidence of wrongdoing, thereby negating whistleblower protections mandated by Congress in the Whistleblower Protection Enhancement Act of 2012. The court will hear oral arguments in the case, DHS v. Robert MacLean, on November 4.

Nolan, co-author of “Quest for Freedom,” pointed out that the Founding Fathers had “a deep desire for rule of law and constitutional government” and warned that rule of law is being obliterated by the federal government through its treatment of whistleblowers.

“Today is the 13th anniversary of the disaster of 9/11. Three thousand Americans died, and patriots such as Mr. MacLean pointed out, “What are we doing when we are reducing air marshal protections?” Today, we face a growing threat the Middle East and al Qaeda and ISIS/ISIL and yet we still have no clear strategy for how to deal with terrorism. However, there appears to be a federal government strategy of reprisal against whistleblowers in taking that decision in having Obama’s solicitor take that decision to the Supreme Court with the hope that the Supreme Court would rubber stamp the Justice Department continued violation of Mr. Maclean’s rights and his property interest in his federal employment.”

Carol Czarkwoski

Carol Czarkwoski


IAW representative Carol Czarkowski expressed the group’s support for MacLean and said a ruling against him would affect all Americans.

“I hope that each of you will take into consideration what the real purpose of this case is and how important it is to you as an individual. The case will be very important in keeping our government open. The Patriot Act has caused a lot of problems and caused our government to already be closed in a lot of ways. But, this, if it’s decided for DHS versus Robert, could cause our government to totally close–which, in my belief, would lead to the downfall of our democracy.”

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Credits:  Photos by Linda Lewis.  Video of the event by Linda Lewis has been donated to IAW for public distribution.

1 comment for “Amicus brief filed with SCOTUS in DHS v. MacLean

  1. September 28, 2014 at 8:02 pm

    Linda, thanks for your outstanding support.

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