"Congress could not have intended that a single employee's objection to a TSA decision, no matter how well-intentioned that objection might be, would allow the employee to take matters into his own hands and divulge information that could be exploited to jeopardize the country's transportation infrastructure and the lives and livelihoods of those who depend upon it."
Legal arguments work so much better when you can undergird them with a bit of fear, don't they? Phrases like "another 9/11 incident" really underscore the stakes behind what is basically a case of statutory interpretation using legislative history.
But don't be mistaken: This is an interesting legal case, and not just briefs full of fluff, fear, fire and brimstone. As we've discussed repeatedly, the legal saga of whistleblower and former Air Marshal Robert MacLean boils down to a single phrase: "specifically prohibited by law," an issue which is clouded by a vague statute and mixed statutory history.
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