Changes

After a year went by that the U.S. [[Transportation Security Administration]]'s (TSA) dress code<ref>{{cite news | title= Natty air marshals discover it's hard to stay undercover / In the casual skies, crew cuts and ties stand out

After a year went by that the U.S. [[Transportation Security Administration]]'s (TSA) dress code<ref>{{cite news | title= Natty air marshals discover it's hard to stay undercover / In the casual skies, crew cuts and ties stand out

  | url=http://articles.sfgate.com/2004-06-01/news/17429852_1_air-marshals-traveler-s-creed-air-pound-pups | date=2006-06-01 | work=[http://www.latimes.com/ Los Angeles Times] | accessdate=2011-09-05 | first=Nicole | last=Gaouette}}</ref> and boarding procedures<ref>{{cite news | title= Air marshal program in disarray, insiders say | url=https://www.usatoday.com/travel/news/2002/2002-08-15-air-marshals.htm | date=2002-08-16 | work=[https://www.usatoday.com/ ''USA Today''] | accessdate=2009-05-30}}</ref> were routinely exposing the identities of U.S. Federal Air Marshals, and two days after a terrorist suicide hijacking plot was discovered by U.S. and foreign intelligence agencies in the summer of 2003, the TSA formulated an operational plan to remove air marshals from nonstop, long distance flights—the type of flight used for the [[September 11 attacks]] in 2001.  TSA formulated the plan after facing a budget shortfall; the purpose was to cut the costs due to air marshals having to lodge overnight at hotels after a full duty day of long distance missions traveling away from their duty stations.  Air marshals would have been absent from nonstop long-distance flights for the two months until the new federal Fiscal Year 2004.  Immediately after congressional outrage the day after MacLean's disclosure, the plan was rescinded: air marshal coverage of long haul flights was not changed.

  | url=http://articles.sfgate.com/2004-06-01/news/17429852_1_air-marshals-traveler-s-creed-air-pound-pups | date=2006-06-01 | work=[https://www.latimes.com/ Los Angeles Times] | accessdate=2011-09-05 | first=Nicole | last=Gaouette}}</ref> and boarding procedures<ref>{{cite news | title= Air marshal program in disarray, insiders say | url=https://www.usatoday.com/travel/news/2002/2002-08-15-air-marshals.htm | date=2002-08-16 | work=[https://www.usatoday.com/ ''USA Today''] | accessdate=2009-05-30}}</ref> were routinely exposing the identities of U.S. Federal Air Marshals, and two days after a terrorist suicide hijacking plot was discovered by U.S. and foreign intelligence agencies in the summer of 2003, the TSA formulated an operational plan to remove air marshals from nonstop, long distance flights—the type of flight used for the [[September 11 attacks]] in 2001.  TSA formulated the plan after facing a budget shortfall; the purpose was to cut the costs due to air marshals having to lodge overnight at hotels after a full duty day of long distance missions traveling away from their duty stations.  Air marshals would have been absent from nonstop long-distance flights for the two months until the new federal Fiscal Year 2004.  Immediately after congressional outrage the day after MacLean's disclosure, the plan was rescinded: air marshal coverage of long haul flights was not changed.

In July 2003, U.S. Federal Air Marshal (FAM) Robert MacLean tried to blow the whistle within the TSA on a plan to reduce air marshal coverage of nonstop, long distance flights amidst heightened warnings <ref>[http://youtube.com/watch?v=Wi36t4B2OV4 Federal Air Marshal Fired for Exposing Dangerous Policy], ''CNN Lou Dobbs'', November 20, 2006</ref> based on a July 26, 2006 [[Department of Homeland Security]] (DHS) Advisory describing intelligence of an [[al-Qaeda]] suicide hijack plan.<ref>[https://www.usatoday.com/travel/news/2003/07/30-hijackings.htm U.S. warns of 9/11-style plane attacks], Mimi Hall and Kevin Johnson, ''USA Today'', August 1, 2003</ref>  

In July 2003, U.S. Federal Air Marshal (FAM) Robert MacLean tried to blow the whistle within the TSA on a plan to reduce air marshal coverage of nonstop, long distance flights amidst heightened warnings <ref>[http://youtube.com/watch?v=Wi36t4B2OV4 Federal Air Marshal Fired for Exposing Dangerous Policy], ''CNN Lou Dobbs'', November 20, 2006</ref> based on a July 26, 2006 [[Department of Homeland Security]] (DHS) Advisory describing intelligence of an [[al-Qaeda]] suicide hijack plan.<ref>[https://www.usatoday.com/travel/news/2003/07/30-hijackings.htm U.S. warns of 9/11-style plane attacks], Mimi Hall and Kevin Johnson, ''USA Today'', August 1, 2003</ref>  

Congressman Hal Rogers (Republican) of Kentucky told Fox News:

Congressman Hal Rogers (Republican) of Kentucky told Fox News:

{{cquote|<blockquote>The Federal Air Marshal program is absolutely critical to fighting terrorism and keeping the flying public safe. Given new warnings from DHS about possible hijacking attempts, it is foolish to even consider cutting back the number of air marshals on commercial flights.<ref>{{cite news | title= DHS: No Plan to Cut Number of Air Marshals | url=http://www.foxnews.com/story/0,2933,93311,00.html | date=2003-07-30 | work=[http://www.foxnews.com/ ''Fox News''] | accessdate=2011-09-04}}</ref></blockquote>}}

{{cquote|<blockquote>The Federal Air Marshal program is absolutely critical to fighting terrorism and keeping the flying public safe. Given new warnings from DHS about possible hijacking attempts, it is foolish to even consider cutting back the number of air marshals on commercial flights.<ref>{{cite news | title= DHS: No Plan to Cut Number of Air Marshals | url=https://www.foxnews.com/story/0,2933,93311,00.html | date=2003-07-30 | work=[https://www.foxnews.com/ ''Fox News''] | accessdate=2011-09-04}}</ref></blockquote>}}

U.S. Senator [[Barbara Boxer]] from California wrote this provision into ATSA.<ref>{{cite web | title= Boxer Calls Administration's Plan To Reduce Air Marshals 'Unacceptable,' Calls On Ridge To Fully Fund Homeland Security Needs  | url=http://boxer.senate.gov/en/senator/biography.cfm | date=2004-03-09 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15}}</ref><ref>{{cite web | title= Senator Barbara Boxer's official senatorial biography | url=http://boxer.senate.gov/en/senator/biography.cfm | date=2008-11-16 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15 |archiveurl = http://boxer.senate.gov/en/senator/biography.cfm <!-- Bot retrieved archive --> |archivedate = 2008-07-31}}</ref><ref>{{cite web | title= Senator Barbara Boxer's official campaign biography | url=http://www.barbaraboxer.com/about/ | date=2008-11-16 | work=[http://www.barbaraboxer.com/ ''Official Campaign Website for Barbara Boxer''] | accessdate=2008-11-16}}</ref>  Senator Boxer also called for better protection of the identities of Federal Air Marshals and greater oversight of the Federal Air Marshal Service.<ref>{{cite web | title= Boxer Amendments to Strengthen Homeland Security Included in Department of Homeland Security Appropriations Bill  | url=http://boxer.senate.gov/news/releases/record.cfm?id=226143 | date=2004-09-14 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15 |archiveurl = http://web.archive.org/web/20080731050031/http://boxer.senate.gov/news/releases/record.cfm?id=226143 <!-- Bot retrieved archive --> |archivedate = 2008-07-31}}</ref>

U.S. Senator [[Barbara Boxer]] from California wrote this provision into ATSA.<ref>{{cite web | title= Boxer Calls Administration's Plan To Reduce Air Marshals 'Unacceptable,' Calls On Ridge To Fully Fund Homeland Security Needs  | url=http://boxer.senate.gov/en/senator/biography.cfm | date=2004-03-09 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15}}</ref><ref>{{cite web | title= Senator Barbara Boxer's official senatorial biography | url=http://boxer.senate.gov/en/senator/biography.cfm | date=2008-11-16 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15 |archiveurl = http://boxer.senate.gov/en/senator/biography.cfm <!-- Bot retrieved archive --> |archivedate = 2008-07-31}}</ref><ref>{{cite web | title= Senator Barbara Boxer's official campaign biography | url=http://www.barbaraboxer.com/about/ | date=2008-11-16 | work=[http://www.barbaraboxer.com/ ''Official Campaign Website for Barbara Boxer''] | accessdate=2008-11-16}}</ref>  Senator Boxer also called for better protection of the identities of Federal Air Marshals and greater oversight of the Federal Air Marshal Service.<ref>{{cite web | title= Boxer Amendments to Strengthen Homeland Security Included in Department of Homeland Security Appropriations Bill  | url=http://boxer.senate.gov/news/releases/record.cfm?id=226143 | date=2004-09-14 | work=[http://www.boxer.senate.gov/ Website of the U.S. Senate] | accessdate=2008-11-15 |archiveurl = https://web.archive.org/web/20080731050031/http://boxer.senate.gov/news/releases/record.cfm?id=226143 <!-- Bot retrieved archive --> |archivedate = 2008-07-31}}</ref>

FAM Robert MacLean was rebuffed by his TSA managers and a [[Department of Homeland Security Office of Inspector General]] (DHS/OIG) field agent, so he warned the public by going to NBC News. MacLean was quoted, anonymously, along with other unnamed sources, in a story written by Brock N. Meeks, Chief Washington correspondent for MSNBC.com.<ref>{{cite web | title= Whistleblowers hit turbulence; TSA ex-employees say they've been blackballed for revealing problems  | url=http://www.airportbusiness.com/online/printer.jsp?id=14960 | date=2007-10-14 | work=[http://www.nj.com/ ''New Jersey Star Ledger''] | accessdate=2007-12-08}}</ref> That article broke the story and set off a chain reaction among national media outlets resulting in dozens of articles and televised broadcasts.<ref>{{cite web | title= Air Marshals Pulled from 'Key Flights' | url=http://onoekeh.blogspot.com/2003_07_01_archive.html | date=2003-07-30 | work=[http://www.msnbc.msn.com/ NBC News] | accessdate=2006-10-30}}</ref>  The message MacLean disclosed was not marked as Sensitive Security Information (SSI), the often abused UNclassified information control mark used to protect information within the DHS's Transportation Security Administration (TSA).<ref>{{cite news | title= Ex-air marshal fired over leak sues TSA | url=http://articles.latimes.com/2006/oct/31/nation/na-marshal31 | date=2006-10-31 | work=[http://www.latimes.com/ Los Angeles Times] | accessdate=2009-06-18 | first=Nicole | last=Gaouette}}</ref> Given that text message was sent nationally to all FAMS employees' unencrypted and password-protected cellular phones and did not contain SSI marking, MacLean was unaware of any obligation to protect the information.  For employees dealing with traditional CLASSIFIED Information, which is typically much more sensitive that SSI, they must be made aware of its status so as to protect it accordingly.

FAM Robert MacLean was rebuffed by his TSA managers and a [[Department of Homeland Security Office of Inspector General]] (DHS/OIG) field agent, so he warned the public by going to NBC News. MacLean was quoted, anonymously, along with other unnamed sources, in a story written by Brock N. Meeks, Chief Washington correspondent for MSNBC.com.<ref>{{cite web | title= Whistleblowers hit turbulence; TSA ex-employees say they've been blackballed for revealing problems  | url=http://www.airportbusiness.com/online/printer.jsp?id=14960 | date=2007-10-14 | work=[http://www.nj.com/ ''New Jersey Star Ledger''] | accessdate=2007-12-08}}</ref> That article broke the story and set off a chain reaction among national media outlets resulting in dozens of articles and televised broadcasts.<ref>{{cite web | title= Air Marshals Pulled from 'Key Flights' | url=http://onoekeh.blogspot.com/2003_07_01_archive.html | date=2003-07-30 | work=[http://www.msnbc.msn.com/ NBC News] | accessdate=2006-10-30}}</ref>  The message MacLean disclosed was not marked as Sensitive Security Information (SSI), the often abused UNclassified information control mark used to protect information within the DHS's Transportation Security Administration (TSA).<ref>{{cite news | title= Ex-air marshal fired over leak sues TSA | url=http://articles.latimes.com/2006/oct/31/nation/na-marshal31 | date=2006-10-31 | work=[https://www.latimes.com/ Los Angeles Times] | accessdate=2009-06-18 | first=Nicole | last=Gaouette}}</ref> Given that text message was sent nationally to all FAMS employees' unencrypted and password-protected cellular phones and did not contain SSI marking, MacLean was unaware of any obligation to protect the information.  For employees dealing with traditional CLASSIFIED Information, which is typically much more sensitive that SSI, they must be made aware of its status so as to protect it accordingly.

FAM Robert MacLean's disclosure helped draw public scrutiny and bipartisan congressional outrage<ref>{{cite news | title= Uproar Over Air Marshal Cuts | url=https://www.cbsnews.com/stories/2003/07/31/terror/main566052.shtml?source=search_story | date=2003-07-31 | work=[https://www.cbsnews.com/ CBS News] | accessdate=2008-08-01}}</ref> to TSA's plan which rapidly led to its reversal.<ref>{{cite web | title= Ex-air marshal to sue over 'SSI' label | url=https://www.washingtontimes.com/news/2006/oct/29/20061029-115609-8718r/?page=all#pagebreak | date=2006-10-30 | work=[[The Washington Times]] | accessdate=2011-06-26}}</ref>  TSA first denied that air marshals would have been shifted, but the morning after MacLean's disclosure, U.S. Senators [[Hillary Rodham Clinton]] (New York), [[Barbara Boxer]] (California), and [[Charles Schumer]] (New York)<ref>{{cite news | title= Team Bush Scrubs Plan to Cut Air Marshal Force | url=http://www.nydailynews.com/archives/news/2003/07/31/2003-07-31_team_bush_scrubs_plan_to_cut.html | date=2003-07-31 | work=[http://www.nydailynews.com/ New York Daily News] | accessdate=2007-07-11}}</ref> held video press conferences condemning the plan forcing the TSA to reverse its plan before going into effect.<ref>{{cite news | title= July 30, 2003 CNN Television Transcripts | url=http://edition.cnn.com/TRANSCRIPTS/0307/30/asb.00.html | date=2003-07-30 | work=[https://www.cnn.com/ CNN] | accessdate=2008-11-24}}</ref>

FAM Robert MacLean's disclosure helped draw public scrutiny and bipartisan congressional outrage<ref>{{cite news | title= Uproar Over Air Marshal Cuts | url=https://www.cbsnews.com/stories/2003/07/31/terror/main566052.shtml?source=search_story | date=2003-07-31 | work=[https://www.cbsnews.com/ CBS News] | accessdate=2008-08-01}}</ref> to TSA's plan which rapidly led to its reversal.<ref>{{cite web | title= Ex-air marshal to sue over 'SSI' label | url=https://www.washingtontimes.com/news/2006/oct/29/20061029-115609-8718r/?page=all#pagebreak | date=2006-10-30 | work=[[The Washington Times]] | accessdate=2011-06-26}}</ref>  TSA first denied that air marshals would have been shifted, but the morning after MacLean's disclosure, U.S. Senators [[Hillary Rodham Clinton]] (New York), [[Barbara Boxer]] (California), and [[Charles Schumer]] (New York)<ref>{{cite news | title= Team Bush Scrubs Plan to Cut Air Marshal Force | url=http://www.nydailynews.com/archives/news/2003/07/31/2003-07-31_team_bush_scrubs_plan_to_cut.html | date=2003-07-31 | work=[http://www.nydailynews.com/ New York Daily News] | accessdate=2007-07-11}}</ref> held video press conferences condemning the plan forcing the TSA to reverse its plan before going into effect.<ref>{{cite news | title= July 30, 2003 CNN Television Transcripts | url=https://edition.cnn.com/TRANSCRIPTS/0307/30/asb.00.html | date=2003-07-30 | work=[https://www.cnn.com/ CNN] | accessdate=2008-11-24}}</ref>

U.S. Senator [[Frank Lautenberg]] of New Jersey was "furious" and issued this July 30, 2003 press release:

U.S. Senator [[Frank Lautenberg]] of New Jersey was "furious" and issued this July 30, 2003 press release:

==White House Reaction==

==White House Reaction==

During a July 30, 2003 White House press conference, President [[George W. Bush]] was prompted for his reaction to the July 26, 2003 DHS Advisory concerning the al-Qaeda threat of suicide hijacks during the summer of 2003.  President Bush stated, "The threat is a real threat...we obviously don't have specific data...al-Qaeda tends to use the methodologies that worked in the past...we're focusing on the airline industry right now and we've got reason to do so." <ref>[http://www.whitehouse.gov/news/releases/2003/07/20030730-newsconference.v.html President Bush Discusses Top Priorities for the U.S. (''Minute 10:53 of video'')], President George W. Bush, ''White House Official Website'', July 30, 2003</ref>

During a July 30, 2003 White House press conference, President [[George W. Bush]] was prompted for his reaction to the July 26, 2003 DHS Advisory concerning the al-Qaeda threat of suicide hijacks during the summer of 2003.  President Bush stated, "The threat is a real threat...we obviously don't have specific data...al-Qaeda tends to use the methodologies that worked in the past...we're focusing on the airline industry right now and we've got reason to do so." <ref>[https://www.whitehouse.gov/news/releases/2003/07/20030730-newsconference.v.html President Bush Discusses Top Priorities for the U.S. (''Minute 10:53 of video'')], President George W. Bush, ''White House Official Website'', July 30, 2003</ref>

==Termination for Disclosure==

==Termination for Disclosure==

On August 31, 2006, a year after proposing to terminate MacLean, the TSA retroactively labeled the July 2003 information he disclosed as SSI.<ref>[http://abcnews.go.com/Politics/wireStory?id=3161282 U.S. Labels 2003 Leaked Memo 'Sensitive'], Larry Margasak, ''Associated Press'', May 10, 2007</ref>  TSA labeled MacLean's disclosure as SSI over three years after it was made public.<ref>[http://www.pogo.org/m/hsp/MacLeanFinalOrderSSI.pdf TSA's August 31, 2006 Final Order on Sensitive Security Information], Andrew Colsky, ''Transportation Security Administration'', August 31, 2006</ref>  The [[Government Accountability Office]] (GAO) has criticized the DHS for failing to have clear policies and oversight of its SSI designations, and using vague standards for its use.<ref>[http://www.gao.gov/new.items/d05677.pdf Clear Policies and Oversight Needed for Designation of Sensitive Security Information], Steven J. Pecinovsky, ''Government Accountability Office'', June 1, 2005</ref>  If DHS and the [[Department of Justice]] (DOJ) succeed with their removal of MacLean, these pseudo-classification markings will be abused to retroactively mark information as "sensitive" to then retaliate against whistleblowers, possibly decreasing the flow of critical information to the public.<ref>[http://pogo.org/p/government/rmaclean-dhs.html Retroactive Labeling in Robert MacLean v. Department of Homeland Security], Nick Schwellenbach, ''Project On Government Oversight'', May 5, 2007</ref>

On August 31, 2006, a year after proposing to terminate MacLean, the TSA retroactively labeled the July 2003 information he disclosed as SSI.<ref>[https://abcnews.go.com/Politics/wireStory?id=3161282 U.S. Labels 2003 Leaked Memo 'Sensitive'], Larry Margasak, ''Associated Press'', May 10, 2007</ref>  TSA labeled MacLean's disclosure as SSI over three years after it was made public.<ref>[http://www.pogo.org/m/hsp/MacLeanFinalOrderSSI.pdf TSA's August 31, 2006 Final Order on Sensitive Security Information], Andrew Colsky, ''Transportation Security Administration'', August 31, 2006</ref>  The [[Government Accountability Office]] (GAO) has criticized the DHS for failing to have clear policies and oversight of its SSI designations, and using vague standards for its use.<ref>[http://www.gao.gov/new.items/d05677.pdf Clear Policies and Oversight Needed for Designation of Sensitive Security Information], Steven J. Pecinovsky, ''Government Accountability Office'', June 1, 2005</ref>  If DHS and the [[Department of Justice]] (DOJ) succeed with their removal of MacLean, these pseudo-classification markings will be abused to retroactively mark information as "sensitive" to then retaliate against whistleblowers, possibly decreasing the flow of critical information to the public.<ref>[http://pogo.org/p/government/rmaclean-dhs.html Retroactive Labeling in Robert MacLean v. Department of Homeland Security], Nick Schwellenbach, ''Project On Government Oversight'', May 5, 2007</ref>

==Transportation Security Administration and Department of Justice's Arguments==

==Transportation Security Administration and Department of Justice's Arguments==