The lawyers representing an FBI agent in a retaliation suit against the bureau are urging a federal appeals court in Washington not to disturb a three-judge panel decision that kept the case alive and alarmed the U.S. Justice Department.
The U.S. Justice Department recently asked the full U.S. Court of Appeals for the D.C. Circuit to overturn the panel decision.. The ruling ordered additional proceedings in the trial court to explore the retaliation claim that the FBI agent, Wilfred Rattigan, lodged against the bureau.
Rattigan contends the FBI targeted him for possible revocation of his security clearance based on a discrimination complaint he filed. The agency, however, ultimately did not pull Rattigan's clearance. He alleges in the suit in Washington's federal trial court that bureau officials reported false security-related information about him, potentially jeopardizing his career.
Federal trial judges don't have the authority to review an executive agency's denial or revocation of a security clearance. But can judges review the report of allegedly unfounded information about a person? Rattigan's lawyers on Wednesday argued in support of the power of judges to review reports of false information.