Absence of Evidence Cannot Favor Agency Defense Against Whistleblower Reprisal Claim

Last week, FEDagent reported on the Federal Circuit’s decision in Siler v. EPA, on the issue of whether EPA adequately asserted the attorney-client privilege to withhold documents from Siler during the discovery phase of his MSPB appeal his removal from federal service. This week, we report on the portion of the court’s decision that vacated the MSPB’s denial of Siler’s whistleblower reprisal affirmative defense and remanded the matter to MSPB for further proceedings.

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Federal Circuit: EPA Made “Baseless” Claim of Attorney-Client Privilege to Protect Draft Notices of Proposed Disciplinary Actions

Recently, the Court of Appeals for the Federal Circuit reversed a decision of an Merit System Protection Board Administrative Judge, and found that the EPA made no evidentiary showing to prove its claim of the attorney-client privilege to prevent the discovery of draft proposed disciplinary actions.  

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This Week on FEDtalk

Understanding Border Security from the Front Lines

The U.S. borders have inundated news cycles in recent months.  To find out what’s really going on, tune in to FEDtalk to hear a group of federal law enforcement professionals discuss what they experience at the border and what they need to do their mission. 

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Hear it from FLEOA

FLEOA Takes Steps to Protect Members During Shutdown

On Wednesday, the Federal Law Enforcement Officers Association sent a memo to its members detailing its response to the government shutdown.  The full text of the statement from FLEOA President Nate Catura is below:

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