19 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 appellants lack of remorse that he would continue to make disclosures that were prohibited by law. Thus, under the circumstances, we find that the appellants lack of remorse to be a significant distinction justifying the agencys 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 11 : 53 AM MAHON BERGER

. .... . .
,.,

--.

' '

. .-

FAX NO, 516 873 1937

Due to the fact that my chain of command, the DHS OIG a i my rd Congressmen all ignored my complaints and would not follow them U p 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 i s s u e s has resulted in immediate and positive change in deadly FAMS policies.

The contents o 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 s .&ep Agent: Department Homeland Security Immigration & Customs Enforcement office of Professional Responsibility

Immigration & Customs Enforcement Office o f Professional Responsibility

Page 134
1 2 3 4
5

aircraft boarding procedures, dressing and grooming codes, mandatory hotel policy, and the service's constant desire to divulge sensitive information to news organizations and the public.
Q

Did you report to any member of Congress,

6 7
8 9

whether a Senator or representative, anything about RON missions?

A

No, I did not. In your affidavit to ICE/OPR, on the last

10 11

page, you make a reference to "Congressmen.

II

Do you see that reference on Page 4 of Exhibit

12
13

10?
A

Yes.

Due to the fact that my chain of command

14
15 16 17

of DHS/OIG and my Congressmen all ignored my

complaints, it's that I forwarded complaints to my Congressman. I didn't know at the time, as I'm reading

18 19
20

this, that I most likely informed the Congressmen.

Q

Well, when you're referring to complaints

within the context of IIthis ll ?

A

21 22

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

the long-haul flights.

I'm referring only to the -- to