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MACLEAN v. DEPARTMENT OF HOMELAND SEC.

No. 06-75112.

543 F.3d 1145 (2008)

Robert J. MacLEAN, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2008.

Attorney(s) appearing for the Case

Peter H. Noone, Esq., Avery, Dooley, Post & Avery, LLP, Belmont, MA, for Robert J. MacLean, petitioner.

Eric Fleisig-Greene (argued), Appellate Staff, Department of Justice, Civil Division, Washington, D.C.; Peter D. Keisler, Assistant Attorney General, Department of Justice, Washington, D.C.; and Douglas N. Letter, Appellate Staff, Department of Justice, Civil Division, Washington, D.C., for the Department of Homeland Security, respondent.

Before: JEROME FARRIS, EUGENE E. SILER, JR., and CARLOS T. BEA, Circuit Judges.

PER CURIAM:

Robert J. MacLean petitions for review of an order issued by the Transportation Security Administration. He contends that the order violates: (1) the TSA's own regulations, (2) the Whistleblower Protection Act, (3) the Anti-Gag statute, (4) due process, and (5) the rule against retroactive administrative adjudication. We deny the petition.

BACKGROUND

In late July, 2003, while working as a Federal Air Marshal in Nevada, MacLean received...

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