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example, in his deposition testimony to the effect that it did not matter to him if

the information was confidential, law enforcement sensitive, SSI or classified

information. RAF, Tab 44, Exhibit 8; Tr. at 113-15, 118-23. The appellant also

admitted during the Immigration and Customs Enforcement (ICE) Office of

Professional Responsibility (OPR) investigation:

Due to the fact that my chain of command, the DHS OIG and my Congressmen all ignored my complaints and would not follow them up with investigations, I have NO REGRETS or feel NO REMORSE for going to a credible and responsible media representative, Brock Meeks. Brock Meeks reporting these gross mismanagement issues has resulted in immediate and positive change in deadly FAMS policies.

IAF, Tab 4, Subtab 4J, Exhibit 2 (emphasis in original).

¶32 In the face of a clear Congressional directive for nondisclosure and a

regulatory provision promulgated pursuant to that directive, which explicitly

prohibits the type of public disclosure made by the appellant, the agency could

and did reasonably infer a risk from the appellant’s lack of remorse that he would

continue to make disclosures that were prohibited by law. Thus, under the

circumstances, we find that the appellant’s lack of remorse to be a significant

distinction justifying the agency’s decision to remove him rather than imposing a

lesser penalty. Cf. RAF, Tab 45, Exhibit F (the deciding official in A.R.’s case

stated that he “plac[ed] a great deal of weight” on the fact that A.R.

“demonstrated sincere remorse over this current incident” and “assured” the

deciding official that he would “demonstrate the utmost diligence when handling

SSI information.”).

¶33 Considering the record as a whole, we find that the appellant has not proven

by a preponderance of the evidence that the agency intentionally discriminated or

SEP-27-2005

,.,

TUE

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11 : 53 AM MAHON BERGER

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FAX NO,

516 873 1937

Due to the fact that my chain of command, the DHS OIG arid my Congressmen all ignored my complaints and would not follow them Up with investigations, I have NO REGRETS or feel NO REMORSE tor going CO a credible and responsible media representative, Brock Meeks. Brock Meeka reporting these gross mismanagement issues has resulted in immediate and positive change in deadly FAMS policies.

The contents this statement are true and correct to the best of my knowledge and belief.

Statement consists of 4 pages.

Before ri&,this 4th day Of May BOOS,

$ . Senior. & e p s

Agent:

Department Homeland Security Immigration & Customs Enforcement office of Professional Responsibility

.

Immigration & Customs Enforcement Office of Professional Responsibility

Page 134

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aircraft boarding procedures, dressing and grooming

2

codes, mandatory hotel policy, and the service's

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constant desire to divulge sensitive information to

4

news organizations and the public.

5

Q

Did you report to any member of Congress,

6

whether a Senator or representative, anything about RON

7

missions?

8 No, I did not.

A

9 Q

In your affidavit to ICE/OPR, on the last

10

page, you make a reference to "Congressmen. II

11

Do you see that reference on Page 4 of Exhibit

12

10?

13 A

Yes.

Due to the fact that my chain

of command

14

of DHS/OIG and my Congressmen all ignored my

15

complaints, it's that I forwarded complaints to my

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Congressman.

17

I didn't know at the time, as I'm reading

18

this, that I most likely informed the Congressmen.

19

Q

Well, when you're referring to complaints

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within the context of IIthis ll ?

21

A

Oh, I'm referring -- yes, I'm referring not to

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the long-haul flights.

I'm referring only to the -- to