Joseph Carson, PE is a multiple-time prevailing whistleblower in US Department of Energy (DOE). He has been confronting government law-breaking in federal agencies for a quarter-century now. His strongest lasting reaction to 9/11 is relief - at least it was not nuclear, knowing as he does the deep-seated corruption and dysfunction in DOE, which is the custodian of America's nuclear stockpile and the lead federal agency for securing nuclear weapons materials around the world.
He publicly claims that the U.S. Office of Special Counsel (OSC) is a decades-long law-breaking fraud, that the US Merit Systems Protection Board (MSPB) is its law-breaking enabler, and that this compounded, continuing federal agency law-breaking has allowed corruption and dysfunction to take deep root and flourish in many federal workplaces, putting our unprecedented global civilization at increased risk of large-scale, if not near total, collapse in coming decades, with billions of attendant, unnatural deaths.
His analysis of the statutory scheme and implementing agencies for regulating the management culture in federal agencies, in which OSC and MSPB have singular, critical, responsibilities, can be found here.
On February 8, 2017 at 10:00 AM in the U.S. Court of Appeals for the Federal Circuit in Washington, DC oral argument occurred in Mr. Carson's unprecedented reprisal appeal against OSC, Carson v. MSPB, docket no. 15-3135;-3211. The three judge panel was Presiding Judge Pauline Newman, Judge Kimberly Moore, and Judge Kathleen O'Malley.
The unprecedented issues of law in the appeal are:
- Whether a federal agency employee can experience a "significant change in working conditions" when OSC fails or refuses to comply with aspects of his non-discretionary statutory (i.e. "shall") duties to protect them from reprisal
- Whether a federal agency employee can experience a "significant change in working conditions" when a federal agency ignores their whistleblower disclosures.
All the case filing linked below are also available at the Court's PACER website.
- Mr. Carson's initial brief
- MSPB's response brief
- Mr. Carson's reply brief
- The parties joint appendix
- Zena Crenshaw's amicus curiae brief
- Andrew Jackson's amicus curiae brief
- Brenda McCracken's amicus curiae brief
The 31 minute audio file of the oral argument is available at the Court's website
A transcript of the oral argument is available here.
Mr. Carson's motion for leave to submit corrections for misstatements of fact at oral argument is here.
The description of the misstatements of fact made at oral argument is here.
Mr. Carson's related letter of March 5, 2017 to Vice Chairman Mark Robbins of the MSPB is here.