Robert Mac Lean - Elusive Office of Professional Responsibility Report of Investigation of Federal Air Marshal Service

Elusive Office of Professional Responsibility Report of Investigation of Federal Air Marshal Service

An Immigration and Customs Enforcement (ICE) Office of Professional Responsibility report of investigation about whistleblower retaliation, unauthorized document shredding, and mandatory intelligence reporting quotas at the TSA Federal Air Marshal Service Las Vegas field office, has proven difficult to obtain, according to a U.S. congresswoman who sought a copy of the document, Gabrielle Giffords of Arizona. For a short period of time, the Federal Air Marshal Service was under the purview of ICE.

A significant investigation of Las Vegas field office most senior managers was completed in 2007 and is considered a key piece of evidence that could exhonerate Robert MacLean and other Federal Air Marshal Service whistleblowers who were fired or marginalized.

The Department of Homeland Security (DHS) declines to release the report despite several Freedom of Information Act (FOIA) requests and a federal lawsuit filed in the United States District Court, District of Nevada by a retired Federal Air Marshal. A November 7, 2007 FOIA office response to a request acknowledges that a 575-page report of investigation exists.

More mystery emerged on November 1, 2010, when Congresswoman Giffords' District Director emailed a former Las Vegas-based Federal Air Marshal supervisor that a former Chief of Staff for DHS Secretary Janet Napolitano told them that:

The report is a key document in getting justice for you but it has either disappeared or was put out of reach before the new administration took office.

DHS responded to a Las Vegas Review-Journal inquiry that they are still deciding what portions of the report are public record.

On January 26, 2011, the DHS now admits that 6,250 pages of the report of investigation exist and denied MacLean any portion of it in response to his November 19, 2010 Freedom of Information Act (FOIA) request.

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