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I I I , , I I , BURGLARS YANK ATM FROM STORE ANAHEIM ·At least two men broke into a li- quor store early Thursday morning, then yanked out an ATM by tying it to a truck and pulling it. When police and the owners arrived at 7 Days Liquor Wine & Cigal; a metal gate used to keep burglal's out was cut open and one door was completely torn from its hinges, while the second barely hung on one hinge. The ATM, with its cash drawer emptied, was left on the floor of the store. "We expected stuff like this because of the economy," said Moufid Awadallah, one of the owners of the liquor store at 5201 E. Orangethorpe Ave. The alarm for the store began ringing at about 4 a.m., Awadallah said, and a sur- veillance camera caught the men tying the ATM, which was bolted to the floor, to a vehicle outside. Awadallab said he believes the burglars used a white truck because a white tailgate was left behind. About $500 might have been inside the ATM, said ro-owm',· Mnmdouh Awndnllnh. taken down and then reposted with all that scary "SSI/Warn- ing" stuff removed. That last bit is funny, or ironic, or sad, depending on your vantage point, because MacLeaJ'l was fired for disclos- ing lfsensitive security infor- mation." He argues that he was pro- tecting people's lives. His for- mer bosses argue that he was SEE WATCHDOG- PAGE 15 ployees. The court topped each page of its decision with the scream- ing header "SENSITIVE SE- CURITY INFORMA'I'ION," and each footer with "WARN- ING ... No part of this record may be disclosed to persons without a 'need to know' ... Un- authorized release may result in civil penalty or other ac- tion.' " And that this decision was posted publicly online anyway, In strongly suggest that he can not have his cop-in-the-sky job back). But MacLean, of Ladera Ranch, was quite surprised that: The ruling in his case - MacLean v. U.S. Department of Homeland Security - could jeopardize whistleblower pro- tections for other federal em- OC WATCHDOG: YOUR TAX DOLLARS AT WORK ars a Ir He is denied whistleblower protection after revealing plan for aviation security. Bad news? Fired federal air marshal Robert MacLean was expecting bad news. So no surprise when an ad- ministrative court ruled this week that he is not protected by whistleblower laws (which By TERI SFORZA THE ORANGE COUNTY REGISTER THEJ ORANGE COUNTY REGISTER· FRIDAY, JUNE 26, 2009 so I

Orange County Register Local headline June 26 2009

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Federal Board rules against TSA air marshal whistleblower because he wasn't sorry, Robert MacLean, August 16, 2011 Orange County Register local front page headline above the fold print, article, whistleblower, U.S. Department of Homeland Security, Federal Air Marshal Service, Transportation Security Administration, DHS, TSA, FAMS, Robert J. MacLean, U.S. Office of Special Counsel, Carolyn Lerner, Jason Zuckerman, lack of remorse and regret , OSC, MSPB, U.S. Merit Systems Protection Board

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Page 1: Orange County Register Local headline June 26 2009

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BURGLARS YANKATM FROM STOREANAHEIM ·At least two men broke into a li­quor store early Thursday morning, thenyanked out an ATM by tying it to a truckand pulling it.

When police and the owners arrived at7 Days Liquor Wine & Cigal; a metal gateused to keep burglal's out was cut openand one door was completely torn from itshinges, while the second barely hung onone hinge. The ATM, with its cash draweremptied, was left on the floor of the store.

"We expected stuff like this because ofthe economy," said Moufid Awadallah, oneof the owners of the liquor store at 5201 E.Orangethorpe Ave.

The alarm for the store began ringingat about 4 a.m., Awadallah said, and a sur­veillance camera caught the men tying theATM, which was bolted to the floor, to avehicle outside. Awadallab said he believesthe burglars used a white truck because awhite tailgate was left behind.

About $500 might have been inside theATM, said ro-owm',· Mnmdouh Awndnllnh.

taken down and then repostedwith all that scary "SSI/Warn­ing" stuff removed.

That last bit is funny, orironic, or sad, depending onyour vantage point, becauseMacLeaJ'l was fired for disclos­ing lfsensitive security infor­mation."

He argues that he was pro­tecting people's lives. His for­mer bosses argue that he was

SEE WATCHDOG- PAGE 15

ployees.• The court topped each pageofits decision with the scream­ing header "SENSITIVE SE­CURITY INFORMA'I'ION,"and each footer with "WARN­ING ... No part of this recordmay be disclosed to personswithout a 'need to know' ... Un­authorized release may resultin civil penalty or other ac­tion.' "

And that this decision wasposted publicly online anyway,

•In

strongly suggest that he cannot have his cop-in-the-sky jobback). But MacLean, of LaderaRanch, was quite surprisedthat:• The ruling in his case ­MacLean v. U.S. Departmentof Homeland Security - couldjeopardize whistleblower pro­tections for other federal em-

OC WATCHDOG: YOUR TAX DOLLARS AT WORK

ars a•Ir

He is denied whistleblower protectionafter revealing plan for aviation security.

Bad news? Fired federal airmarshal Robert MacLean wasexpecting bad news.

So no surprise when an ad­ministrative court ruled thisweek that he is not protectedby whistleblower laws (which

By TERI SFORZATHE ORANGE COUNTY REGISTER

THEJ ORANGE COUNTY REGISTER· FRIDAY, JUNE 26, 2009

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Page 2: Orange County Register Local headline June 26 2009

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O'Connor, Joborn Novembelingston, Mantahe worked as Eing in the rancting the rangemountains of ~celled in schoofram high schoentered The Un!ry Academy on .After graduatilPoint, John sel"termaster Corp~

tioned in Puertand married theBullock Safar (ICity, Florida.John earned aand a law Deg!sity of Montanagy at louisianaand Oil and Galversity of Texasyears, he workenegotiator ancChevr0n wherePresident of theration and ProdlAt age 58, J(turned to golfpainting. Art Walsuming hobby,rewarding and,many honors atn's true passion.nature memberWatercolor Soccolor West, al1IThe Hawaii We.and The San [JSociety. He w~and enthusiasticThe laguna Wotion.John passed a'Monday, June (bration of his Iif.heid In NortlJohn is survivedMichael; dauJUlianne and gf<rick, AndrewClaire O'Connor

$aV1Sit ocreglstet.Clcondolences and E

Palacio, Gullaway peacefull)iCapo Beach aftEwith cancer. HeClemente, Julywent to be with 123, 2009. He isloving wife, JEGuillermo Sr.Palacio; andJoseph and Jaoalso mourn histouched their li\giVing heart, ancto help them inble. His deep fahim great strengon it not only tlcauld, but to ehealth difficultiEmissed by man~

ness and love hIers live withinwhose life he tpassed on to mEService will be2009 at PraiseAlvarez, OranQe,

bV'JSit ocregistef.Oloondo6ences and ~

Flores, Cornelia R., 80,passed away on June 23 in San­ta Ana, CA. Visitation, SundaYlJune 28 from 5 p.m. to 8 p.m.Rosary at 7 p.m. Brown GolonialChapel. Funeral Mass, Monday,June 29, 9:30 a.m. St. AnneCatholic Church in Santa Ana.follow by a burial at Holy Sa-­pulcher Cemetery. Survived byhusband, Bob ·NiekieM Flores;son, Joey Aores; daughters: Di­anna Mendoza (George), Jean­nette Granados; grandchildren:Joseph, Steven, Vanessa,Maddy and OJ.

Brown Colonial Mortuary~ ocmgister.comIobits to expesscondolences and sign Ihi8 guest book.

Hanna, Clark, 81, of lake For·est, CA passed away June 3,2009. Born in Springfield, MAon January 14, 1928. Clark waspredeceased by his wife of 54years, Phyllis in 2004. A very de­voted fattier, Clark is sUliVived byhis daughters, Cheryl McEnulty,(Frank), Mary Hanna, TrishBickal (Gary) and son, Ed Hanna(Irene); 6 grandchildren; 1 great­grandson; brothers, Sam Hannaof MA and Tom Hanna of CA,many nieces and nephews andspecial lady Retha Clerisse.Known for his unique sense ofhumor and easy going nature,Clark cared deeply for his familyand friends and will be greatlymissed by many.

....""'......= ~t.... 1

Everling, Margaret, a self~

lessly kind-spirited woman;passed away on May 21, 2009 inRancho Mirage, California. Stiewas a longtime resident of Or­ange County, worked at HughesAircraft over 20 years before re­tirin9 to Cathedral City, Cal~or­nia. Margaret was born in Clay­ton New Mexico, moved to Cali­fornia in the mid 1950's with hus­band Dick and family. Margaretenjoyed working, traveling,church and was known for say­ing special prayers and prayingthe rosary for friends and family.She had a great sense of humorand her own brand of wittiness.She will be missed as well as ra-­membered in the hearts andminds of everyone she befriend­ed and loved. May her spirit livein atl that knew and loyed her.She was preceded In death byher loving husband, Dick andher beloved son Victor. Margaretis survived by Pena slbllnfiJs andfamily members, Dominguezfamily members; daughter, FranGoodman and son, RiekEverling; grandchildren, ReginaEverling, Windy Mamula, EltonEverling and Jason Goodman;Angela Everling, RobertEverling, Peter Everling; great­grandchildren, Erika Henderson,Ian Henderson, Jessica Mamulaand Jake Goodman. GravesideService will be on JUly 18, 2009at 11:00 a.m. at Holy SepulcherCemetery 7845 E. Santiago Can­yon Rd. Orans;le, CA.

6Visit ocmgister.comloblts to expt9SStlClI'\dolences and sign this Ql*t book.

Obituaries

Obituary Index

OCRegisterClassifieoswww.ocregistelclassifieds.com

Toda 's Obituaries

Bell, Mabel VeronicaCase, Rose JoanDavison, Shirley J.Delaney, Mildred AnnaEverling, MargaretFlores, Cornelia R.Hanna, ClarkHenderson, AlexanderJones, Dana JeanKann, William L.McConnell, Claire E.Nestor, John "Jay"O'Connor, John MilesPalacio. GuillermoPena, DoloresSpear, Paul Clintc;lnStewar:t, Dolores Ii'.Torres-Cedillo, MariaVoelker, Melvin S.Waite, John PatrickWitt, Barbara

~m

'«:&V!Sit ocreglster.comIobits to axpresscondOlences and sign this guest book.

Bell, Mabel Veronica, 91, ofHuntington Beach, a retiredclerk/secretary for the County ofLos Angeles, died on June 14,2009, of cangestive heart failure.Survivors: brother, JamesMcDermott; daughters, Maryloustephens, Nancy DeFrertas; sev­en grandchildren; 18 great­grandchildren. Arrangements byDilday Brothers Mortuary, Hun­tington Beach.

id

WHAT'S NEXT?

risk having their agencyretroactively classify theirdisclosure and strip them oftheir whistleblower rights.... (it) has placed the publichealth and safety of everyAmerican at risk/'

Also weighing in is theGovernment Accountabili­ty Project, which said thedecision ffeffectively re-

• •moves any remammg en-forcement authority for thealready-discredited Whis­tleblower Protection Act."

"Until Congre~s acts, theWhistleblower ProtectionAct is dead," GAP legal di­rector Tom Devine told us."It allows agencies to out­law free speech merely byissuing gag regulations.That reduces the federalWhistleblower Act to a vol­untary guideline for bu­reaucrats."

Not that things weren'ttough for whistleblowersbefore. Of 45 rulings by theadministrative court in re­cent years, it has onlybacked whistleblowersonce, Devine said.

Cas., Rose .loan(Woodard), born November 11,1919 and lived a lon9 healthy I~e

until the age of 89, passing awayfrom cancer on June 16, 2009.Rose was truly one of life'sgreatest blessings. Just like theflower, Rose brought beauty tothose around her, always bring­ing a smile to those that werelucky enough to cross pathswith her. Rose never complainedor said an unkind word aboutanyone, she ~hose to stand tallwith dignity and grace, yet shecertainly weathered her share ofhard time. Rose loved to be out­doors, whether it was working inher yard, walking to the store orgoing to one of her great­grandchildren's baseball games,you could usually find her ap-

MacLean plans to file a preciatlng the simple things inmotion for reconsideration, life. She also enjoyed complet­

ing crossword puzzles wheneverhoping that the panel hear- she was forced to be indoors.ing it will see the errors of Rose was the third of nine chil-

dren born to Frank and Maryits ways, or be transformed Woodard in Roy, New Mexicoby more sympathetic, yet- where she lived until she mar-to-be-named, Ohama ap- ned Wesley Case on January 15,

1942 in Taos, New Mexico. Sheoointees.~ L;C>.-"'L',""ivo.; bu th~.."" .....f .,.~ .,ih."o;

FROM PAGE 1

A REFRESHER

WATCHDOG: Airmarshal fights back

The Orange County Register IJune 26, 2009 ILocal 15

endangering people's lives.So which is it?

MICHAEL GOULDING, THE ORANGE COUNTY REGISTER

Robert Maclean, who was fired from his job as a federalair marshal, holds a copy of his dismissal letter.

MacLean was a BorderPatrol agent in San Clem­ente for six years, and thena federal air marshal forfour years. In 2003, he re­ceived an alarming Depart­ment ofHomeland Securityalert about a possible sui­cide hijacking plot; and justdays later, he received atext message from theTransportation SecurityAdministration saying thatovernight missions involv­ing federal air marshalswere being canceled for awhile (to save money on ho­tel bills).

That, thought MacLean,was crazy. The 9/11 hijack­ers targeted long-distanceflights because they coulddo the most damage.

MacLean protested tohis bosses. Then to theirbosses. Finally, he showedthe text message to a re­porter for NBC.

Fallout was fast and fu­rious; lawmakers decriedthe idea as foolish; officialsbacktracked; and, ultimate­ly, overnight missions con­tinll~ usual.

But nearly three yearslater - in April 2006 ­MacLean was fired for dis-

Page 3: Orange County Register Local headline June 26 2009

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It infrien

Celeb

I,;AIIIIM Will be2009 at PraiseAlvarez, Oranl:le

J!.'MsI1ocregistef._noes"'"

Spear, Paul

'-"'of Excelcior High

He served in tWorld War II,lineman for Pphone Co. formoved to Ridgworked for ChWeapon Center.He was precedhis wife, MildreThey were marrihave six c.hildrDennis 57, Joel50 and Meri Jograndchildrengrandchildren.Paul is one ofbrother, Glen aMildred FrancisLakewood, Ca.The viewing isShannon FunGarden Grove,June 28, 2009,p.m. IntermentSepulcher CSantiago CanyoCa. on Monday,at'11 a.m.~I ocntgist&f.

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McConne", Claire E., 87,died on June 22, 2009. Survivedby son, Richard DwaneMcConnell; daughter, Linda GailHernandez; 10 grandchildrenand 16 great-grandchildren.Services will be held on 6/24/09,9:00 a.m. at Memory GardenMortuary Brea, California.

Memory Garden MortuarybJisit oaegistel".wm/<:lbit$ to expresscondoteocEis and sign this guest boc*.

Ne.tor, .Iohn ·.Iay·, age 77,passed away peacefully at homein Tustin, surrounded by familyon June 17 after a courageousfight against cancer.Bam August 11, 1931 in Regina,Sakatachewan Canada, anaraised in Windsor (Canada), Jayjoined the United State·s AirForce in 1952 and became a(proud) US Cnizen in 1955. Hemoved to California in 1958 to at­tend Northrup Institute of Tech­nology where he received a asin Engineering and also becamea Captain in the Air Force Re-serve. .Jay married Carolyn Gray In1961. The first fIVe years of mar­riage they moved 14 times,spending a year and a half inItaly and Greece where Jayinstructed foreign air foree asan Autonetics Technical repre­sentative. ~ay and Carolynmoved back to the United Statesto Pennsytvania, eventually set­tling in North Tustin in 1968. Jaycontinued working at Autoneticsthrough all changes in owner­ship. and tille (Rockwell, Boeing)for over 40 years. After retiringhe continued ·old school" con­sulting for Boeing until early2009.Jay was an avid tennis playerand an active member of theTustin 'Fennis Club. An earlyadopter of computer technolo­gy, he 9njoyed making digitalcalculators from scratch andwas the first on the block to havea Commodore 64 and TimexSinclair - both of which, amongmultiple other gadgets - are stillpristinely preserved in boxesaround the house. He was also afervent lover of animals andliberally supported all mannerof wildlrte foundations and caus­es.Jay is survived by his wrte,Carolyn; children, John(Jeanne), Julianne (Dale Cabell),and Jim; granddaughter, Justine"JB" Cabell; sister, Ruth (BillCheolas); nephew, GregoryCheolas; and aunts, uncles andcousins.A private memorial was held ear­lier this week.

bV$t ocregisteu:om/obits to expressoorKJoIenCes and sign this guest book.

.lones, Dana Jean, 91,Anaheim, died on 6/22J09.

The Omega Society

. flumor and easy going nature,Clark cared deeply for his familyand friends and will be greatlymissed by many.

.6VlSit OCfeOister.com/O:bitS10 expntSSconooler'Il::e$ and Sign lhis guest book.

Henderson, IV, AlexanderD., of Costa Mesa, CA was bornMarch 13, 1950 and died June22, 2009. Survived by his moth­er, Flora; his wife, Maggie;daughters, Brandi Davies, KatieWells, and Shannon Henderson;son-in-law, Brent Davies; grand­sons, Colin, Peter, and Wyatt;brothers, Steve, Phil, and Bill;sister, Judy; and their spousesand children. www.mem.com~t oaegister.com1ObitS to expresscondofences and sign this guest book.

AnnaMildredDelaney,(Midge),:\.""- .

Davison, Shirley .I., 84, ofSan Clemente, died on 6/17/09.

The Omega Society

79, of Brea,passed away onliuesday, June 2,

,2009. She wasborn in Oakland,l'Calrtornia on Oc­

.tober 9, 1929~and was a resi­

dent of OrangeCounty for thelast 39 years.

She was raised in Oakland andlived there until she met the loveof her Irte, Thomas. After the firstyears of their marriage in Berke­ley and San LeanGlro, Galrtomia,Midge and Tom moved to NewYorK. They returned to Calrtorniain 1967 and moved to OrangeCounty in 1970 where they set­tled for 39 years. They were mar­ried for 53 years until his deatflin August 2003. Midge was a fulltime homemaker and the motherof seven children. She is sur­vived by her children, Thomas P.Delaney, Dennis Delaney(LOUise), Lori Delaney Cody[Tom), Undy Delaney (BarbaraLindros), Ann Delaney, PatrickDelaney, and Shannon DelaneyBenson (Brad), and twelvegrandchildren. She is also sur­vived by her sisters, NormaPurvance, Dorie Garcia and Doi­ly Donahue. Midge devoted herIrte to her loving family. In lieu off1ewers, the family requests thatdonations be made to TheMarch of Qimes or to The Sistersof Notre Dame. She was laid torest in the care of our Lord Je­sus Christ on Monday, June 8,2009 at Holy Sepulcher Ceme­tery,Oranl:le.

.blisit oaegister.c:omfobits to eq>resscondolences and sign this guest bOOk.

Stewart, Dolores F., 88, ahomemaker and resident of Cos­ta Mesa, died June 23rd, 2009.Besides her sons, Wayne Stew­art and Terry (Ellen) S\ewart, sheis survived by daughters.Kathleen Mahoney (Michael)and Debra Campbell (Michael);16 grandchildren and 14 great­grandchildren. Dolores hastouched many hearts and ISloved by all. a viewing will be onFriday June 26th, 2009 from 6-8p.m. with a vigil at 7 p.m. at Sad­dleback Chapel- Tustin. FuneralMass Saturday, June 27th, 2009at 10 a.m., Our Lady of Mt. Car­mel Church, Newport Beach. In­terment to follow at Holy Se­Rulcher Cemetery, Orange. Inlieu of flowers, the family sug­gests that memorial contril5u­tions be made to the Chlldren'sHospital of Orange County, Or­ange.

SaddJeback eli pelbVsit oc:registef.conv'Obits to &Jq)feS$~ and sign this guest book.

CONTACT THE WRITER:

714-796-6910 ortsforza~ocregister.com.

More Watchdog - includingthe original decision;with SST

markings, and the govern­ment's explanation of how ithappened - at www.taxdollars

.lreedomblo99in9·com.

topsy was performedThursday but toxicologytesting will be needed to de­terIl)ine the cause of death,authorities said.

Jim Amormino. spokes­man for the Orange CountySheriff's Deoartment, saidKraft's deat ctid not ap­pear to be suspicious.

THE DECISION

Dead fisherman was from AnaheimTHE ORANGE COUNTY REGISTER

ANAHEIM • A man founddead Wednesday next to hisfishing gear in a flood-con­trol basin in Orange wasidentified, authorities said.

Cameron aft, 41, ofAnaheim was apparentlyfishing when he died. An au·

So this week's decisionby tbe U.S. Merit SystemsProtection Board - "an in­dependent, quasi-judicialagency .m the Executivebrancb that serves as thegnarctian of Federal meritsystems" - was largely tosettle the burning legalquestion of whether whis­tleblower protection ex­tends to people who dis­close sensitive security in­formation.

Nope, the board conclud­ed. And MacLean's sup­porters are horrified.

"It is a tragic day in thiscountry when a civil ser­vant who simply wanted toprevent the improper re­moval of federal air mar­shals from long distanceflights has lost his careerand now faces additionalhardships in trying to sup­port his family;" said TheNational WhistleblowersCenter in a statement.

"Every federal employeewho exposes a threat topuHlic l)ealth and safetycaused by security relatedabuses risks being fired," itcontinued. "With this deci­sion, the employees also

.u••u'!} -.:rBUl u.Du.UU----'IUO "lCJ [I, 1 un"I'" Ueu:-rJlJ~Joodara !~GY, FJ9'N MexIcoBut nearly three years by more sympatlietic, yet- where she lived until she mar·

I te . A il 2006 t b d Ob ried Wesley Case on January 15,a r - m pr - 0- ..,name , ama ap- 1942 in Taos, New Mexico. SheMacLean was fired for dis- -'pointees. is s_urvived by rthree of her sib·closing sensitive informa- Butperhaps the only real ling and her four children,tion to the media. MacLean hope, at this point, is law- MaISha Gwinn, Clara Scholz.

Ted Case and Kipp Case. Sheargued that the text makers, and Obama him- leaves behind nine grandchil­message wasn't marked as self. dren and seven great-

grandchildren. Rose left thissensitive and arrived on his Sen. Barbara Boxer world, but her strength and kind-mobile phone, not on his se- thanked the federal alr ness will serve as a lesson forcure PDA. The government marshals who outed their generations to come. Services

will be Saturday... June 27, 2009a ed that the message bosses' dumh ideas back iJ) at 1:00 p.m. at The First Baptistdidil eed to be marked 2003; what does she think Church, 18372 E. Lemon SI. inflsensitiv "as all details re- of all this now? We asked, Yorba Linda, Calrtornia., ~l5it ocregister.oom/obits to expressgarding tli operations of but baven't heard back. condOl..,.,.,ao<lsignth"_boal<.

alr marshals we e protect- Sticky stuff, this.ed information. Several The president, of course,months after MacLean was could sprinkle his magicfired, the government re- pixie dust and fix most ev­classified the contested text erything, if he chose to.message as l'sensitive secu- uThe National Whistle­rity information." Just in blower.s Center calls oncase?) President Obama to order

the inunectiate reinstate­ment of Mr. MacLean withfull back pay," the Whistle­plowers' statement says."Furthermore, the NWCcalls upon President Oba­rna to inunediately and pub­licly request Congress toamend the WhistleblowerProtection Act consistentwith his campaign prom­ises ofjury trials and cover­age for national securityemployees. These amend­ments would have providedlegal protection for Mr. Ma­cLean and thousands ofother federal emnloyeeswho face similar choices."

MacLean has a wife andtwo daughters. They've hadto move in with his parents.He wants to go back towork.

Mr. President? Sen. Box­er? Is MacLean a hero, or avill . ?am.