Joseph Carson Whistleblower Case: Appeal Oral Arguments Set for 2/8/2017

The following is a copy of a news release sent out by Joseph Carson:

Joseph Carson, PE is a multiple-time prevailing whistleblower in US Department of Energy (DOE). He has been confronting government law-breaking in federal agencies for a quarter-century now. His strongest lasting reaction to 9/11 is relief – at least it was not nuclear, knowing as he does the deep-seated corruption and dysfunction in DOE, which is the custodian of America’s nuclear stockpile and the lead federal agency for securing nuclear weapons materials around the world.

He publicly claims that the U.S. Office of Special Counsel (OSC) is a decades-long law-breaking fraud, that the US Merit Systems Protection Board (MSPB) is its law-breaking enabler, and that this compounded, continuing federal agency law-breaking has allowed corruption and dysfunction to take deep root and flourish in many federal workplaces, putting our unprecedented global civilization at increased risk of large-scale, if not near total, collapse in coming decades, with billions of attendant, unnatural deaths.

His analysis of the statutory scheme and implementing agencies for regulating the management culture in federal agencies, in which OSC and MSPB have singular, critical, responsibilities, can be found here.

On February 8, 2017 at 10:00 AM in the U.S. Court of Appeals for the Federal Circuit in Washington, DC oral argument will occur in Mr. Carson’s unprecedented reprisal appeal against OSC, Carson v. MSPB, docket no. 15-3135;-3211. The unprecedented issues of law in the appeal are:

  1. Whether a federal agency employee can experience a “significant change in working conditions” when OSC fails or refuses to comply with aspects of his non-discretionary statutory (i.e. “shall”) duties to protect them from reprisal;
  2. Whether a federal agency employee can experience a “significant change in working conditions” when a federal agency ignores their whistleblower disclosures.

Mr. Carson is represented by Loring Justice.

Key documents were made available online; copies have been archived by aiREFORM:

  • 4/19/2016: Mr. Carson’s initial brief (58p)
  • 6/1/2016: Amicus Curiae brief: Zena Crenshaw (19p)
  • 6/1/2016: Amicus Curiae brief: Andrew Jackson (17p)
  • 6/1/2016: Amicus Curiae brief: Brenda McCracken (17p)
  • 6/3/2016: MSPB’s response brief (26p)
  • 7/5/2016: Mr. Carson’s reply brief (16p)
  • 7/15/2016: Joint Appendix (submitted by both parties, 351p)

The rights of whistleblowers, especially in the federal workplace, have been aggressively denied in the last decade. Analysis of FAA whistleblower cases shows that the quasi-judicial federal agencies created to support individual whistleblowers, specifically MSPB, OSC, EEOC and FLRA, have in fact been coopted to serve federal management and union agendas. This obviously needs to change, and Joe has fought valiantly for reform. Let’s hope he wins, so we can see some long overdue progress toward a federal civil service that is effective, transparent, and accountable.

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PAGE CREATED: 2017-01-08