5th Circle Won’t revive former FBI agent’s retaliatory dismissal request

By Michelle Casady (June 15, 2022, 6:44 p.m. EDT) — A Fifth Circuit panel on Wednesday upheld a rejection of a former FBI agent’s claim that he was fired for being a whistleblower, claiming that the US Congress had not provided the courts with any opportunity to review security clearance decisions.

The agent, Michael Zummer, told the court during oral arguments in January that the FBI fired him for being a whistleblower, but effectively escaped judicial review by revoking his security clearance, an action the courts cannot not guess. The court agreed that such a review was prohibited under the Civil Service Reform Act and said Zummer’s claims should therefore be dismissed.

The panel also highlighted the…

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