On Wednesday, May 8, 2019, 09:15, Martin, Daniel A < > wrote:

From: Graham, Marcus S. (OGC)

Sent: Wednesday, May 08, 2019 9:06 AM
To: Martin, Daniel A <
Subject: RE: hearing notification

Mr. Martin,

You will not be required to testify. Thank you.

Marcus Graham

As a VA employee and as a member of VA’s National Law Firm I reaffirm VA’s

core values of Integrity, Commitment, Advocacy, Respect, and Excellence (I
CARE) and commit myself to reflect these values in all dealings with Veterans,
their families, our fellow VA employees, and members of the public.

This message may contain information that is confidential and/or protected by law. If it has
been sent to you in error, please reply immediately to advise the sender of the error and
then destroy this message, any copies of this message and any printout of this message. If
you are not the intended recipient of the message, any unauthorized dissemination,
distribution or copying of the material in this message, and any attachments to the
message, is strictly forbidden.

From: Martin, Daniel A

Sent: Tuesday, May 7, 2019 8:26 AM
To: Graham, Marcus S. (OGC)
Subject: RE: hearing notification

I’d rather not testify if I don’t have to because of my mental health, because I don’t recall
a conversation I had over a year ago which they allege was about something someone
allegedly said, & to be honest I do not feel I have anything substantive to contribute to
that case and it will waste the court’s time. I advised Mr. De Nofrio’s attorney as much. If
I do have to testify then I’d like time to respond to questions & immunity from any
answer I provide on the chance I get it wrong or I am confused.

Conversely, unfortunately the things that I can testify on & that I have intimate
knowledge of will be an embarrassment to the VA and a distraction to whatever is going
on in Altoona. For instance I have a OAWP report which includes documentation that
the VISN 10 Deputy Network Director in a sworn statement said that the Director for
OGC Midwest Region Dennis McGuire knew, well before anyone ever made any
allegation about me, that OIG had asked for my assistance in their investigation in to
contract awards (which OGC Midwest happened to sign off on the legal review) & that I
provided OIG evidence of improper/illegal conduct by senior VA officials, including
hours of audio recordings of VA officials and contractors and that Mr. McGuire interfered
with my request for a detail or transfer to another VA pending the outcome of the OIG
investigation after my chain of command found out. I mean that’s just one thing. If you
want me to testify about that stuff I think I might be ok doing that but it’s my
understanding that VA and my private attorneys are trying to work out a settlement so
that all that kinda of stuff doesn’t get blown around in a open MSPB hearing.
From: Graham, Marcus S. (OGC)
Sent: Tuesday, May 07, 2019 7:52 AM
To: Martin, Daniel A <
Subject: RE: hearing notification

Mr. Martin,

I’m happy to help in any way that I can. What accommodation are you looking for? I’ll do what I can to
provide it so that you can testify fully. Thank you.

Marcus Graham

As a VA employee and as a member of VA’s National Law Firm I reaffirm VA’s

core values of Integrity, Commitment, Advocacy, Respect, and Excellence (I
CARE) and commit myself to reflect these values in all dealings with Veterans,
their families, our fellow VA employees, and members of the public.

This message may contain information that is confidential and/or protected by law. If it has
been sent to you in error, please reply immediately to advise the sender of the error and
then destroy this message, any copies of this message and any printout of this message. If
you are not the intended recipient of the message, any unauthorized dissemination,
distribution or copying of the material in this message, and any attachments to the
message, is strictly forbidden.

From: Martin, Daniel A

Sent: Tuesday, May 7, 2019 7:12 AM
To: Graham, Marcus S. (OGC)
Cc:
Subject: RE: hearing notification

My apologies
I meant to reference this specific section on page 9 on the attached.

From: Martin, Daniel A

Sent: Tuesday, May 07, 2019 7:08 AM
To: Graham, Marcus S. (OGC) >
Cc:
Subject: RE: hearing notification

Sir

On the off chance that nitwit De Nofrio and his attorney drag me into the circus that’s
about to go down in Altoona, I would like to respectfully request a Reasonable
Accommodation if I am forced to be a witness in his action I have nothing to do with.
The basis of my request is supported by Ms. Maxanne Witkin’s findings in the attached
Final Agency Decision regarding a concern I had about a Reasonable Accommodation
last year. Please also be advised that I’m in the process of securing a FMLA due to my
service connected issues, particularly for my mental health.
From: Graham, Marcus S. (OGC)
Sent: Tuesday, April 23, 2019 4:03 PM
To: Graham, Marcus S. (OGC)
Subject: hearing notification

Good afternoon,

I’m writing to notify you that you have been identified as a potential witness in an MSPB hearing
scheduled for May 7-8 in Altoona PA. Please ensure that you are available. If you are not located in
Altoona you will be permitted to testify over video teleconference. I’ll be in touch as the hearing
approaches to notify you of where and when to appear, and to ensure that we can connect over vtel. If
you have any questions or concerns please let me know. Thank you very much.

Marcus S. Graham

Staff Attorney

VA Office of General Counsel, North Atlantic District

1010 Delafield Road

Pittsburgh PA 15215

412-822-1585

Mobile: 202-480-6314

Fax: 202-495-6325
As a VA employee and as a member of VA’s National Law Firm I reaffirm VA’s
core values of Integrity, Commitment, Advocacy, Respect, and Excellence (I
CARE) and commit myself to reflect these values in all dealings with Veterans,
their families, our fellow VA employees, and members of the public.

This message may contain information that is confidential and/or protected by law. If it has
been sent to you in error, please reply immediately to advise the sender of the error and
then destroy this message, any copies of this message and any printout of this message. If
you are not the intended recipient of the message, any unauthorized dissemination,
distribution or copying of the material in this message, and any attachments to the
message, is strictly forbidden.