Petition for Writ of Certiorari — Charles D. Adams, Petitioner v. Merit Systems Protection Board

Supreme Court briefAug 8, 2023

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“Equal Justice Under The Law”

“DIA Not Recuesing Themselves For Conflict Of Interest Or Lack Of Impartiality Is Wrong

And MDA’s Adverse Actions Are All A Pretense For Employer Discrimination”

No.

s

V3/

IN THE

Supreme Court,US'

FILED

SUPREME COURT OF THE UNITED STATES

AUG - 8 2023

^2£§oftheclerK

CHARLES D. ADAMS

Petitioner

VS.

DEPARTMENT OF DEFENSE

Respondent

On Petition for Writ of Certiorari to the

United States Court of Appeals for the Federal Circuit

PETITION FOR WRIT OF CERTIORARI

Charles D. Adams, CISSP

Pro Se Petitioner

12994 Park Crescent Circle

Herndon, VA 20171

703-708-9077

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QUESTIONS PRESENTED

Whether CAFC made an error in their decision to dismiss CAFC 2023-1213 (DC3443-22-0386-1-1) which was about DIA not recuesing themselves from the clearance

investigation and revocation process in order to avoid the appearance of impropriety and

collusion since Mr. Michael Waschull worked for DIA immediately before MDA and had

initiated the clearance investigation and revocation process and it was a blatant and

obvious conflict of interest. DIA should have turned the clearance adjudication over the

the Air Force (AFOSI) or the Army (G2) or the Navy (ONI) or the Marine Corps (MCI)!

Whether anyone or any organization can deny access to EEO records in a

Discrimination Case, Complaint or Appeal. And whether MDA can intentionally withhold

vital evidence they have in their possession that would change the outcome of the CAFC

decision, such as the H: harddrive containing dates, times, and people for numerous

instances of disparate treatment, discrimination and retaliation, the EEO records of the

discriminators and the EEO records of the discriminating organization, and The FBI

investigation that cleared Mr. Adams of any wrongdoing.

Whether CAFC can deny an Oral Argument Request for a case of this magnitude and

have justice prevail. And whether Mr. Adams’ Sixth Amendment Rights were violated

when CAFC disregarded/ignored my request for an oral argument, in effect, denying him

of his right to be heard, and denying him of his right to face his accuser.

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NOTE ON MISSING EVIDENCE

CAFC did not have access to vital evidence when they made their decision. So it is

imperative that you consider, subpoena if necessary, the evidence that was never

provided to them, evidence that would have changed their decision! Mr. Adams’

Pentagon Drug Tests (that were supposed to be Random but weren’t) and who

requested them (whether MDA tried to cover-up their discrimination by trying to create a

drug motive). Mr. Adams’ FBI Investigation (the one MDA ignored because they didn’t

like the results that cleared me before proceeding with their own in-house investigation

with the predetermined outcome they wanted). Mr. Adams’ Unclassified Personal

Harddrive or H: Drive containing 6 years and 6 months of daily emails and weekly

documentation regarding MDA, Unlawful Termination, Prohibited Personnel Actions, and

other Disparate Treatment, Disparate Impact, Discrimination and Retaliation I was

subjected to while working at MDA. The EEO Records Of The 3 Discriminators

(Michael Waschull, Douglas Clover and LtG Patrick O’Reilly) and The EEO Records Of

The MDA Organization (including the EEO records from the WFIS who processed MDA

EEO complaints during the time I worked at MDA before MDA brought their EEO process

in-house to better control and conceal their EEO complaints).There has never been a

discrimination case where the EEO records were never even examined!

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TABLE OF CONTENTS

Page

QUESTIONS PRESENTED

2

NOTE ON MISSING EVIDENCE

3

TABLE OF CONTENTS

4

TABLE OF AUTHORITIES

5

PETITION FOR WRIT OF CERTIORARI

6

DECISION BELOW

6

JURISDICTION

7

FEDERAL RULE INVOLVED

8

STATEMENT OF THE CASE

13

REASONS FOR GRANTING THE WRIT

24

CONCLUSION

26

PROOF OF SERVICE

27

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TABLE OF AUTHORITIES

Cases

Page

1. Romero v. Department of Defense, C.A.F.C. No. 2007-3322, 6/2/08

17

2. Deirdra Brown-Fleming v. Attorney General, EEOC Appeal No.

0120082667 (October 28, 2010) won by Passman & Kaplan, P.C.

law firm...........................................................................................

17

3. Rattigan v. Department of Justice, Case No. 10-5014 won by won by

Passman & Kaplan, P.C. law firm......................................................

18

4. Robinson v. Department of Interior (2011), Case #550-2009-00090X

18

5. Rodgers v. White (No. 10-3916)

18

6. Royal v. Department of Veterans Affairs, EEOC Appeal No.

0720070045 (Sep. 10, 2007)..............................................

19

7. Teresa Chambers v. U.S. Park Police (2011)

19

8. US Supreme Court Steelworkers v. Weber, 443 U.S. 193 (1979) No.

78-432 Argued March 28, 1979 and Decided June 27, 1979 ............

19

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PETITION FOR A WRIT OF CERTIORARI

Petitioner Charles D. Adams, CISSP respectfully requests the issuance of a writ of

certiorari to review the judgment of the US Court of Appeals for the Federal Circuit below.

DECISION BELOW

[X] For cases from federal courts:

The opinion of the United States court of Appeals for the Federal Circuit appears

at Appendix A to the petition and is

[ ] reported at________________________________________

or,

[ ] has been designated for publication but is not yet reported; or,

[X] is unpublished.

The opinion of the Merit Systems Protection Board (MSPB) appears at Appendix B

to the petition and is

[ ] reported at________________________________________

! or,

[ ] has been designated for publication but is not yet reported; or,

[X] is unpublished.

[ ] For cases from state courts:

The opinion of the United States court of Appeals for the Federal Circuit appears

at Appendix__

to the petition and is

[ ] reported at

.; or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

The opinion of the Merit Systems Protection Board (MSPB) appears at Appendix

_____to the petition and is

[ ] reported at________________________________________

or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

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JURISDICTION

[X] For cases from federal courts:

The date on which the United States Court of Appeals decided my case was May

17, 2023.

[ ] No petition for rehearing was timely filed in my case.

[ ] A timely petition for rehearing was denied by the United States Court of

Appeals on the following date: ________________

and a copy

of the order denying rehearing appears at Appendix

[ ] An extension of time to file the petition for a writ of certiorari was granted to

and including _

(date) on

(date) in

Application No.

The jurisdiction of this Court is invoked under 28 U.S.C. §1254(1).

[ ] For cases from state courts:

The date on which the highest state court decided my case was

A copy of that decision appears at Appendix_________

[ ] A timely petition for rehearing was thereafter denied on the following date:

______________________________, and a copy of the order denying rehearing

appears at Appendix

[ ] An extension of time to file the petition for a writ of certiorari was granted to

and including _

(date) on

(date) in

Application No.

The jurisdiction of this Court is invoked under 28 U.S.C. §1257(a).

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FEDERAL RULE INVOLVED

Constitution Amendments dealing with Equal Employment Opportunity, Presidential

Powers and Presidential Waivers, Unconstitutional Laws and Powers, Unconstitutional

Behavior, Constitutional Law, Ethics and Retributive Justice, Due Process clause of the

14th Amendment, Civil Rights, Race Discrimination, Abuse of Power (Authority) and Age

Discrimination, Segregation, Jobs and Employee Rights and “Right to Work” Laws,

Government Reform, Pro Se Legal Representation Reform, Compensatory and Punitive

Damage Caps, Treatment of Veterans, Cover-Ups, etc.

Title VII of the Civil Rights Act of 1964 prohibiting employment discrimination based on

race

Age Discrimination in Employment Act prohibiting employment discrimination based

on age

Constitutional Amendment 1 prohibiting the free exercise of people to petition the

Government for redress of grievances. MDA is trying to abridge my right by

implementing several conflicts of interest and cover-ups, by stopping my paycheck during

the appeal process and before I was even found guilty in the hope of forcing me to quit

when my savings ran out (they should have let me remain on admin leave instead of

suspending me without pay until the conclusion of the appeal process and determination

of my guilt or innocence), and threatening to terminate me if I don’t drop my appeals.

Constitutional Amendment V stating that no person will be deprived of liberty or

property without due process. MDA is constantly trying to deny me my due process by

implementing several conflicts of interest and cover-ups, by stopping my paycheck during

the appeal process and before I was even found guilty in the hope of forcing me to quit

when my savings ran out (they should have let me remain on admin leave instead of

suspending me without pay until the conclusion of the appeal process and determination

of my guilt or innocence), and threatening to terminate me if I don’t drop my appeals.

Constitutional Amendment VIII prohibiting cruel and unusual punishment. Stopping my

paycheck during the appeal process and before I was even found guilty is cruel and

unusual punishment (especially for a first offense where no damage was done). Also

terminating me if I don’t drop my appeals and causing me to lose my health care (when I

have 2 uninsurable dependents - son is autistic and wife has history of cancer) is cruel

and unusual punishment (especially for a first offense where no damage was done).

Executive Order establishing Presidential Waiver for the Missile Defense Agency to do

whatever is necessary regardless of the law in order to stand up a missile defense

system as soon as possible.

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8 COURT CASES SUPPORTING THIS APPEAL

1. Romero v. Department of Defense, C.A.F.C. No. 2007-3322, 6/2/08.

An auditor with the Inspector General for the Department of Defense, fired for

losing his security clearance, has won a reprieve from the appeals court. (Romero

v. Department of Defense, C.A.F.C. No. 2007-3322, 6/2/08). Romero's position

had required a Secret clearance. Then, Romero's boss asked that Romero be

cleared for SCI (Sensitive Compartmented Information) so that he could do audit

work at the National Security Agency. He was denied this clearance upgrade and

the denial was affirmed following an administrative hearing within DOD. At this

point the agency revoked Romero's clearance and removed him as a result

(Opinion pp. 2-5). Romero took his case to the Merit Systems Protection Board

where he argued he was denied due process when the agency revoked his

existing clearance based on the agency's refusal to upgrade his clearance to SCI.

The MSPB Administrative Judge found that the clearance had been revoked, that

Romero's job required access to SCI and to classified information, and that DOD

had met the requirements of the law in denying his clearance. In short, the MSPB

sustained Romero's removal (pp. 4-5). Romero then took his case to the Federal

Circuit Court of Appeals. In its decision, the court points out a removal based on

denial of a security clearance "does not require the agency to prove that the

reasons for its decision...are supported by a preponderance of evidence." (p. 5)

However, since the MSPB did not consider whether DOD had followed its own

regulations in revoking Romero's clearance, the court vacated the Board's

decision and remanded the case "for the Board to determine whether Mr. Romero

can show that the Department failed to follow its procedures and that any failure to

do so resulted in harmful error." (p. 11). The effect of this decision is to give

Romero another shot at overturning his removal when he goes back before the

MSPB.

2. Deirdra Brown-Fleming v. Attorney General, EEOC Appeal No. 0120082667

(October 28, 2010) won by Passman & Kaplan, P.C. law firm.

Both cases (hers and mine) involved government workers alleging discrimination

and reprisal against their government employers. Both had nothing to do with

performance and everything to do pretexts to discrimination, in my case a single

incident blown way out of proportion in order to get rid of me. Both complainants

asked for reinstatement, a clean record, back pay and benefits, mandatory

training to staff [management] at the agency facility, consideration of "taking

appropriate disciplinary action against all responsible management officials still

employed with the agency,” compensatory and punitive damages, and front pay in

the event the complainant could not be reinstated. And both MDA and pentagon

ignored our appeals and refused to correct the problem when brought to their

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attention. Also closed ranks and spinned it (tried to create the most favorable

impression possible) to appease outsiders. And initiated cover-ups. Furthermore,

the EEOC determined that the victim was "harmed as a result of the Agency's

discriminatory action,” and that the Agency's discriminatory termination (clearance

revocation, suspension, and termination in my case) was the proximate cause of

her emotional and physical problems, the Complainant's depression, anxiety,

stress, insomnia, difficulty concentrating, disassociation, crying spells, social

isolation, damage to her professional reputation, withdrawal from relationships,

short-term memory loss, nightmares, panic, worsening abdominal pain, worsening

hypertension, dramatic weight-loss, and various ailments brought on by stress (in

my case kidney stones, obesity, migraines, etc.).”

3. Rattigan v. Department of Justice, Case No. 10-5014 won by won by

Passman & Kaplan, P.C. law firm.

On June 3, 2011, the U.S. Court of Appeals for the District of Columbia Circuit

issued its decision which held that disclosing negative information regarding a

federal agency employee to the agency's security office in hopes of calling that

employee's security clearance into question was not immunized from court review.

Rattigan worked for the FBI.

4. Robinson v. Department of Interior (2011), Case #550-2009-00090X.

Ms. Katherine A. Thompson of the Bureau of Reclamation Mid Pacific Region of

the Department of the Interior engaged in a pattern of discrimination against Ms.

Robinson from May 2006 until she resigned in November 2007 on multiple bases

when she regarded Ms. Robinson as a person with a disability once the

complainant had serious heart surgery in February 2006, and when she removed

her from the IT Supervisor position as soon as she returned to work to allow a

younger Caucasian man to occupy the GS-13 supervisor position for long enough

to qualify for the new GS-14 IT Manager position. She refused to return Ms.

Robinson to her supervisory position at the end of her bogus “detail” assignment

and, instead, advertised for the Manager position, and when she did not even

consider her for an interview for the advertised position.

5. Rodgers v. White (No. 10-3916).

In Rodgers v. White (No. 10-3916), decided on September 2nd, the Seventh

Circuit reached the unusual result of allowing a plaintiff to use his supervisor as a

comparator in a comparative discipline case alleging race discrimination. The

result is important because the Seventh Circuit had previously indicated in several

cases that supervisors are typically poor comparators, but this case illustrated a

justified exception. Mr. Rodgers, the plaintiff, was the only Black employee among

a lawn-maintenance crew of 27 that worked for the Illinois Secretary of State. He

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was fired purportedly because he had been involved in a practice of allowing crew

members to borrow State maintenance equipment and because he had been

involved in improper timekeeping practices, and also supposedly had not been

forthcoming or helpful in the investigations of such improper practices. However,

Rodgers' supervisor, who was White, was involved in the same practices but was

merely demoted, not fired. The kicker was that the person who fired Rodgers was

the same person that merely demoted his supervisor. The State tried to claim that

Rodgers' evasiveness in the investigations made him more culpable, but the

Court noted that the supervisor had lied as well and even had more responsibility

than Rodgers for the improper timekeeping practices. These facts alone were

enough to preclude summary judgment for the State, even where there was no

evidence of disparaging comments about Rodgers' race or other direct evidence

of discrimination. The takeaway lesson from this case is that, any time an

employer is going to fire or discipline an individual in a protected category, the

decision maker should look carefully at whether any other employees -- not just

those with the same job title -- have engaged in similar conduct and how they

have been treated in the past, particularly by that decision maker. If the employer

is going to discipline an employee in a protected category more harshly for

conduct that is arguably similar to conduct engaged in by other employees, even

supervisors, the company better have a very good and documented reason for

the difference. Otherwise they too may be facing an unpredictable jury to try to

explain the varying treatment.

6. Royal v. Department of Veterans Affairs, EEOC Appeal No. 0720070045 (Sep.

10, 2007).

In September 2007, EEOC upheld an Administrative Judge’s (AJ) default

judgment in favor of complainant, a Staff Nurse Supervisor, who had alleged race

discrimination when she was not selected for a Nurse Manager position. The AJ

sanctioned the agency for failing to timely investigate the complaint. Relief

included retroactive promotion, back pay and a tailored order to allow complainant

to submit her request for fees incurred solely for the successful prosecution of the

appeal.

7. Teresa Chambers v. U.S. Park Police (2011).

Chambers was fired in 2004 for speaking out publicly about budget issues, but

Chambers says she was only telling the truth when she was asked about staffing

issues within the department.

8. US Supreme Court Steelworkers v. Weber, 443 U.S. 193 (1979) No. 78-432

Argued March 28,1979 and Decided June 27,1979.

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Case about "manifest racial imbalance" where they ruled that management had

the constitutional right and obligation to help minorities gain and maintain jobs and

promotions in the event of a manifest racia I imbalance and surely no black SESs

out of 33 is a clear example of "manifest racial imbalance."

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STATEMENT OF THE CASE

MDA broke the law. And they violated federal policies and procedures. And they

violated my civil rights. The truth has been covered up by MDA and ignored by DIA and

DoD. And the truth is that And the truth is that a white racist SES Senior Leader at MDA

colluded with his former buddies at the DIA, the organization he worked for immediately

prior to MDA, to get rid of his most senior black employee. And the truth is that the same

white racist SES Senior Leader at MDA is using a minor isolated (one-time) security

incident to get rid of his most senior black employee. Another truth is that the

punishment doesn’t fit the “crime” in that termination of employment is too extreme a

punishment for civil service employee charging a cell phone in his office in a SCIF in

order to accomplish the mission, or for a first offense when no damage was done.

And CAFC is aiding and abetting them. CAFC is aiding and abetting them by

wrongfully dismissing the administrative appeal/complaint. And only SCOTUS can rectify

their egregious error and reestablish justice in this very unfortunate situation!

This appeal is about DIA not recuessinq themselves from the clearance investigation

and revocation process in order to avoid the appearance of impropriety and Conflict of

Interest or Lack of Impartiality (collusion) since Mr. Michael Waschull worked for DIA

immediately before MDA. DIA should have turned the clearance adjudication over the the

Air Force (AFOSI) or the Army (G2) or the Navy (ONI) or the Marine Corps (MCI)! And

about DIA not recuessing themselves from the clearance investigation and revocation

process in order to avoid the appearance of impropriety and Conflict of Interest or Lack of

Impartiality (collusion) since Mr. Michael Waschull worked for DIA immediately before

MDA, in a discrimination-based clearance investigation and revocation process that

resulted in wrongfully revoking all my clearances and in my wrongful termination based

on racial and age discrimination! DIA supported their every move, including a

discrimination-based clearance investigation and revocation process that resulted

in wrongfully revoking all my clearances and in my wrongful termination based on

racial and age discrimination, in order to prevent my transferring to another DoD

Organization (so MDA could not only terminate me for not being able to do my job (a

pretense for discrimination) but prevent me from transferring to another DoD

Organization)! Effectively helping to wrongfully terminate a career civil service

employee based on race and age discrimination.

MDA has used a presidential waiver to create a climate of rule bending, It is

especially egregious behavior because the SES and MDA has used a presidential waiver

to create a climate of rule bending, including a culture of discrimination, retaliation, and

managerial abuse of power, a climate of rule-bending for security rules that hindered the

mission, such as trying to build an unauthorized telecom link under the table to a foreign

country despite pentagon disapproval, signing of ATOs without ST&Es, ignoring DIAP’s

directive not to skip ST&Es (not performing DIAP-directed site audits), signing unlimited

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number of lATOs to avoid non-waiverable ST&Es, signing of ATOs by unauthorized

personnel (PSOs), bypassing DAA accreditation authority via acreditation of collateral

systems by non-DAA-authorized personnel (PSOs, Deputy Director for IT Security, and

SAPCO Director who should only accredit non-collateral SAP systems as the PAA),

ignoring C&A rules (looking the other way) by bringing the collateral system accreditation

in-house to avoid DAA accreditation, appointing unqualified SAPMAN ISSM for political

reasons, not having enough software licenses for their desktops and laptops, returning

the Nano unwiped and unclassified instead of to the level of the system it was attached

to, etc. So when I followed suit and charged my dead cell-phone in my office which was

inside a SAPF/SCIF, they vindictively used it as a reason to not only eject me from the

SAPF/SCIF, but to revoke all my clearances (so I couldn’t be transferred to another

position in MDA or DoD) and to deny me a merit-selected transfer to the Pentagon, and

to deny my early retirement request which will cost me my health care and all other

benefits (all because I charged a 1st generation cell phone with no camera, no datatransfer capabilities and it was a first offense where SOP is retraining and where no

damage or disclosure occurred to the data or info systems).

The Presidential Waiver given to the Missile Defense Agency to bypass any law or

rule that interfered with their standing up a missile defense system despite the fact

that it violated employee and civil rights. Also once the missile defense system was

stood up, MDA made no effort to go back and fix what was broken or bypass or even

comply with the laws and rules they ignored while standing up the systems. Sadly, MDA,

never went back and fixed the problems (civil rights violations, EEO violations, Employee

Rights violations, security violations, personnel violations, management mistakes,

diversity inequities, race and age discrimination, etc.) they created by circumventing rules

and regulations and using any means necessary after they stood up the missile system

like they promised they would. In fact, MDA has become a repository for vindictive unfit

managers who couldn’t survive anywhere else (and full of employees who can’t go

anywhere else - most of the good ones that could get other jobs have already left or are

in the process of leaving or sticking it out until BRAC forces them to retire). And it’s all

because MDA misused their Presidential Waiver and because they didn’t have to follow

the rules to accomplish the mission (which is ironic and hypocritical that they are picking

on me for bending a couple of rules to accomplish the mission). Collateral damage from

the Presidential Waiver was unnecessary and too severe (too many unanticipated

problems, too many people get hurt).

My case covers so many areas, DIA’s Failure to Recues themselves from the

clearance investigation and revocation process in order to avoid the appearance of

impropriety and Conflict of Interest or Lack of Impartiality (collusion) since Mr.

Michael Waschull worked for DIA immediately before MDA, Wrongful Collusion,

Employer Discrimination, National Security, Presidential Powers and Presidential

Waivers, Unconstitutional Laws and Powers, Unconstitutional Behavior, Constitutional

Law, Ethics and Retributive Justice, Due Process clause of the 14th Amendment, Civil

Rights, Race Discrimination, Age Discrimination, and Abuse of Power (Authority),

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Segregation, Jobs and Employee Rights and “Right to Work” Laws, Government Reform

Pro Se Legal Representation Reform, Compensatory and Punitive Damage Caps,

Treatment of Veterans, Cover-Ups, etc., that the court could use MDA as an example

to make a statement (and set one or more precedents) on any or all of the areas.

As a matter of fact, my chances of being selected should probably increase with the

number of birds the Supreme Court can kill with one stone.

And most importantly, this case is about DIA’s Failure to Recues themselves from

the clearance investigation and revocation process in order to avoid the

appearance of impropriety and Conflict of Interest or Lack of Impartiality

(collusion) since Mr. Michael Waschull worked for DIA immediately before MDA

and Employer Discrimination, and it’s about getting rid of a black employee (me)

by any means necessary which is why they tried to stack 1 rated appraisals so they

could attack me on performance grounds, in case the clearance revocation attempt didn’t

work (in case DIA reinstated me), and why they tried to get me to quit by placing me on

unpaid suspension hoping I would run out of money and be forced to quit or be forced to

retire to save my benefits (health insurance, life insurance, etc.).

Here is a Summary of my case (what Mr. Waschull and MDA has done to me over the

past two years and don’t want anyone to know).

Executive Summary for the Supreme Court

It all started when Mr. Waschall wanted to do his friends in a foreign country a favor at

the expense of the US Government. Specifically he wanted to install a telecom link to

speed the transfer of classified information since the diplomatic pouch was so slow. First

thing I did was go to DISA because they are the experts at this type of thing but when he

found out he ordered me to bypass DISA and do it unofficially under the table instead. I

found out why when researching the project further. Two of his senior managers a man

and an woman both told me that he had tried it twice before and that it was rejected by

the Pentagon and that I should ask to get off of the project because if something went

wrong I would be the one to go to jail. I did ask to get off the project and he denied my

request so I dragged my feat until it was OBE. He disliked me ever since and has been

looking for a way to get back at me. For my part, I stayed well out of his way (not even

communicating with him for a year). Well the moment came when I charged my dead

cell-phone in my office in his SAPF.

One day, no different than any other day, I woke up at 0430, got ready for work and

quietly caught the metro at 0520 to work while family slept. When I got to work at 0630 I

noticed my cell phone was dead so since I had important time sensitive mission critical

work to do and since there was no one in the outer lobby to watch it I decided to charge it

in my office while doing my work. I did so because I had been stranded at East Falls

Church the week before for 3 hours with no way of getting a hold of my family to tell them

what was going on and I didn’t want it to happen again and because I figured I could use

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my expertise to mitigate the risk to an acceptable level (to a point where no damage

would occur). In order to mitigate the risks before charging, I made sure the classified

terminals were off, all classified materials were secured and the safe locked (not working

on any classified material while charging), the office door closed, the cell phone was 4

feet away form the classified terminals, not making any phone calls during the charging,

and not receiving any guests during the charging. Additionally, the cell phone itself

mitigated risk in that it was a 1st generation cell phone given to new Verizon customers

for free and as such didn’t have a camera, no memory to speak of (could only save a few

phone numbers), no recording features, no WiFi, no Wireless Interface, No Blue Tooth,

No data transfer capabilities, no USB Connector (couldn’t upload or download or

manipulate data), No Internet Capability, No Instant Messaging capability, No music

capability, no email capability, and no speakerphone (which is why neither the scanning

team or the counterintelligence people confiscated it).

While working on my mission essential work, a crew of signal analysts came through the

SAPF picked up my cell phone signal and came into my office. When I saw them I

gathered my cell phone and charging cord and took it outside to the lock box and locked

it up. One of them followed me out, checked the phone and gave it back to me (did not

confiscate it). Doug Clover my supervisor was out of the office in training so Mr.

Waschull got the report and had me locked out of the SAPF. When asked why he said

he thought I was a spy, which is ludicrous because I didn’t meet any of the red flags

(heavy financial indebtedness, sudden affluence, alcoholism, and disgruntlement). He

also took away 80% of my workload and limited me only writing security policies even

though the vast majority of the work he took away was unclassified (IT Support, C&A,

Reviewing System Security Plans, etc.).

While I was working on the policies that management never approved, the only work I

was allowed to do, Mr. Washcull and MDA went through my office looking for other

violations they could get me on so they could build a case to get rid of me. They didn’t

reprimand me. They didn’t retrain me, which was standard operating procedure (SOP)

for a first-time security incident where no damage was done, which is typical behavior for

people perpetrating discrimination. Apparently they brought in the FBI to build a stronger

case and when they said “We see nothing actionable, just an IT specialist cutting

corners to get the job done” Mr. Washcull decided to use his own internal (biased)

personnel who worked for him to do a second investigation of their own. They said they

found a lot of other so-called “incriminating” evidence that they said made me a threat to

national security. Additionally he told DIA that he thought I was a spy and asked them to

revoke all of my clearances and not just the one involving SAPF/SCI facilities (because

he didn’t want me transferred to another job in MDA or DoD for that matter). The

problem with their “incriminating” evidence was that it was a bunch of exaggerations and

half-truths with the goal of revoking all my clearances and chasing me out of MDA, DoD,

and Civil Service.

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They said I had over 100 computer disks (CD-ROMS) were discovered, that had not

been scanned or screened by Document Control in an effort to undermine my credibility

and establish me as a rule breaker and someone who didn’t care about security and

implying that that attitude translated to classified information as well. What they didn’t

say was that the 100s of computer disks they found were Read-Only Memory meaning

you couldn’t rewrite to them and all but 1 were gold disks made by DISA and FEDEXed

to me over the past 5 years and used to do my job (Gold Disks are CDs that contain

Security Technical Implementation Guide or STIG based configurations of operating

systems that identify vulnerabilities in your configuration and tell you how to correct

them), and Computer-based Training CD-ROMs. Furthermore, all the disks were

unclassified and the disks were prepared by a government agency and virus scanned by

that agency before being sent to me. And by the way, DISA Read-Only Gold Disks are

government issued work products and are authorized by local policy (our local policy

allows government created CD-ROMS to be kept without document control tags). They

didn’t even itemize the disks because everyone would know that they are a non-issue

(not the threat they make them out to be). Which is why the Supreme Court needs to

question MDA’s "facts" as well all their motives in this case.

They also said I used my 4 GB Apple Nano to accomplish unclassified file transfers

between classified and unclassified computer hard drives, aka Sneakernetting. What

they didn’t say was that sneakernetting is one of the most common practices in DoD to

get the job done and accomplish the mission. SOP is to overlook it if no damage is done.

Nor that no classified information was damaged destroyed or disclosed. Nor that I was

instructed to copy all the C&A files from the unclassified computer to the classified

computer and that since the At the time the help desk didn’t have CD-ROMs to give me.

So I took my Nano that contained music for jogging and backup documents from the H:

drive and copied the C&A documents (unclassified PowerPoint SSP Review slides and

IATO letters - there were over 30) to the Nano and then transferred the information into

the IA folder on the classified network. Nor did they tell you the file transfers were always

from low to high and only to accomplish the mission. Nor that the risk of disclosure or

destruction was minimal because the Nano was virus checked by MDA virus checker and

the transfer was one way only and lasted lest than a minute (I never left the Nano

plugged in for more than 1 minute at a time). Furthermore the security protocols on the

classified system are substantial (completely compartmented, etc.). Since I helped

design it and approved the System Security Plan, I knew what I was doing was safe. Nor

did they say that when asked for the Nano, I willingly turned it over to the

counterintelligence people for forensics (full and immediate cooperation because I had

nothing to hide). Nor did they say that the counterintelligence people “found no data that

violated DoD regulations” and returned the Nano unwiped and in original condition (didn’t

even see the need to classify it to the level of the classified system) because it too was

not seen as the threat MDA made it out to be. Nor did they say that I am an expert at

identifying and mitigating risks, and that my job involves doing it every day. Nor did they

say there was no damage destruction or disclosure because of my extensive

mitigations and expertise.

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When they realized they had no case (realize the allegation were either exaggerated or

weren’t true) and because of the fact that there was no damage, they stopped making the

above accusations began to focus on my judgment and character to push the revocation

through. And they started doing things out of the ordinary (think vendetta, conflicts of

interest and cover-up).

Mr. Waschull used his own counterintelligence people to do a 2nd investigation when the

FBI found nothing actionable. Mr. Waschull asked DIA to investigate my clearance

because he use to work for DIA (came to MDA from DIA) and still has friends there,

which increased his chances of getting a favorable outcome. And in the next few weeks

the same person who started the persecution (vendetta), Mr. Waschull, would order my

paycheck stopped, would try and stack 1 appraisals, would simultaneously sign my

appraisal and also serve as the Pay Pool Manager (the first level official of the NSPS

Reconsideration appeal), and would terminate me because I wouldn’t drop my appeals

against him. And these were in addition to the things they had already done such as:

isolating me from my colleagues by moving me to another building and surrounding me

with strangers; withholding my 30-year pin and certificate for 12 months; calling me a

baby killer and other inappropriate and offensive remarks; changing a long-standing rule

to send policies to Policy Working Group (PWG) for comment to IT Team (apparently so

they could say they put on the appraisal that they had to rewrite my stuff); changing a

long-standing rule (behind my back) that I was to review all System Security Plans

(SSPs) and send my analysis to Doug (apparently before they realized I had already

done twice as many as last year so they could make a negative remark about it on my

appraisal); changing a long-standing policy by picking an ISA/ISSM for SAP systems

from the read-on government staff (when they went looking for one for the new SAPWAN

system they decided not to pick a person internal to DOSP and already read on to

administer IAM/ISSM duties for the SAP system and when I asked Doug about it, he said

Mr. Waschull didn’t want to pick me, even though I was the only government worker

qualified to do it, and that he was told to pick someone else even though they would not

be read on - it would be up to the read-on staff to tell them what they need to know to do

their job); changing a long-standing policy regarding the classification of the IATO letters

(the long-standing policy was to draft an unclassified IATO/ATO that could be done by

DOCV or reviewed by anyone, while at the same time, another SAP document was

created by PSOs and PMs detailing what could be put on the accredited system);

changing a long-standing rule by adding the SAP info to the unclassified lATOs/ATOs in

order to keep them out of the public domain (restrict them to read-on people) and protect

themselves from prying eyes, especially the folks at DOCV, and to ensure this they

ordered me to not interact with DOCV for any reason, not even tell them we were

processing everything, even collateral, in-house (which was bending/changing

regulations too, since they are the DAA Reps), which also caused duplication of effort

problems because they were not even told to stop processing the systems we had

already accredited in-house (and when I told them they didn’t care); and changing a long­

standing policy when they stopped allowing me to switch my CWS day in order to better

accomplish the mission (get an extra 9 hours of work production that would be lost if a

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sick day were taken) after 3 years of letting me do so (which they only did after I

appealed my appraisal rating and asked for an admin transfer - coincident or retaliation?

So contrary to what the MDA claims, when you look at this incident objectively, you see

that this is not about classified information or national security. It’s about an IA/C&A

SME who is paid to make security decisions, making a security decision based on

his expertise to waive a couple of rules to get the job done (and no different than

when MDA returned the nano without classifying it to the level of the system it was

attached to or wiping it, and no different than my superiors waiving similar rules that

require site audits (ST&Es) when issuing ATOs or accrediting collateral (nonSAP)

systems without the DAA’s knowledge or consent (in violation of both MDA CIO and DoD

DIAP rules) - in essence creating a climate where bending rules to accomplish the

mission is acceptable).

I apologized, said I wouldn’t do it again and continued working on the work I was

assigned and thought that was the end of it. But my managers were determined to blow

this minor security incident way out of proportion in order to use it to get rid of me. So

they had the interviewers call me in and asked me questions and I cooperated fully

(something a spy wouldn’t do). And when appraisals came around and I had provided

my usual input they completely ignored my input, and the fact that I completed twice the

amount of work as the year before, and gave meal, the lowest rating, based on the

single security incident. Again, they did a lot of things out of the ordinary. They ignored

all of my other work; they ignored my written input describing my contributions to the

agency; they ignored the fact, the fact that I had completed an all-time high 8 Policies

(double the number last year); and they ignored the fact that I completed an all-time high

84 SSP Reviews (double the number last year). Which in effect demonstrated the

dilemma for blacks at MDA (how they were forced to do double the work of white

employees for half the ratings and rewards, which is borne out by comparing white and

black ratings and bonuses at MDA - shades of 1904 and the Pullman Company).

I immediately appealed the 1 rating through formal channels and began going up my

COC to formally protest the way I was being treated (didn’t before because I didn’t want

to make waves and because my wife wanted to PCS to Hunstville to be closer with her

family in Montgomery and I didn’t want to jeopardize the move). At the same time I was

offered a GS-2210-15 job at the Pentagon for the OSD Comptroller. I accepted the job

and MDA formally outprocessed me and I reported to my new job. After a couple of

hours working, I was told that MDA had contacted Washington Headquarters Service

(WHS HR) and insisted that I be return to MDA, no reason was given (but it was to

persecute for appealing making my management look bad. They could have left me at

the Pentagon where I was working but they didn’t because they wanted to try and

get rid of me. After a big hassle getting me my badges back and my desktop and cell

phone back (none of which worked initially) they tried to put me in a new office away from

the people I had worked with for the last to years (apparently to isolate me from everyone

so I wouldn’t let them know how badly I was being treated) that was already occupied by

an Army Colonel. So I filed a complaint about that, which was eventually resolved, but

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not without a lot of stress, and I was effectively isolated from everyone I had worked with

surrounded by strangers with nothing to do except work on appeal documentation (no

longer doing policies).

One day the Vice Director asked to see me but when I showed up, my appointment had

been rescheduled and then subsequently cancelled (apparently they got to him too). And

I found out that instead of requesting a revocation of my SCI clearance (because the

incident happened in a SAPF) which again is SOP, Mr. Waschull and MDA requested a

complete revocation of all of my clearances from DIA so I couldn’t be transferred to

another job in MDA (or DoD for that matter). Mr. Washcull and MDA even told the

Unemployment Benefits people that my suspension was my fault so I would get

unemployment benefits in an effort to drain me of resources (money) so I would have to

quite and let them off the hook.

While going up my chain I was worn out and my tolerances were down so low I caught

the flu and had a fever on the day I was to see Mr. Washcull while going up my COC. He

treated me very badly. Had me sit there obviously sick while he belittled regurgitating all

the accusations that he and MDA had been making for months, instead of acknowledging

my desire to properly go up my COC to resolve my grievances. Life at work was a

nightmare and I began having nightmares at home so my mind and body couldn’t

rejuvenate itself. Along the way, they gave me my Nano back intact no less. Finally

when Mr. Washcull and MDA were ready, they called me in and took my badges and had

me escorted out of the building. I continued my fight at home although without my

access to my unclassified profile at work (which they denied my formal request for), and

emails and documents on the unclassified LAN, it was nearly impossible to produce

documentation or dates for most of the things Mr. Washcull and MDA had done (they

obviously knew what they were doing).

I appealed to every higher authority I could think of (Oliver Wendell Homes said, “the best

illumination comes from above”), unfortunately many of them answered to DoD, by filing

appeals to my COC (including the Pentagon and Secretary of Defense), the Defense

Intelligence Agency and their Security Clearance Adjudication Board (SAB), MSPB (and

subsequently to the US Court of Appeals for the Fed

eral Circuit), the Office of Special Counsel, the VA Unemployment Commission, the

EEOC, and my Senators and Congressman. They responded by offering me VERA and

VSIP (early retirement) if I would drop all of my appeals and not talk to anyone about

what had happened to me and I turned them down. What they did was wrong and I

figured if I kept telling people in authority someone would see it and do something about

it. Besides I was not the only employee treated in such a hostile manner and I wanted to

help the others.

But Mr. Waschull and MDA were relentless in their desire (obsession) to get rid of me.

They never stopped trying to make things worst in order to get me to quite trying to

expose their mistakes and cover-ups. They placed me on unpaid administrative leave

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hoping that I would quite or my savings that enabled me to fight would run out. And since

they forced me to use my TSP Retirement Fund to feed my family and pay my bills, I had

to pay early withdrawal penalties and interest and taxes. And their decision to stop my

pay (when they didn’t have too - could have left me on administrative leave until the

appeals had been completed - could have treated me like I was innocent until proven

guilty) ruined my credit too (it went from about 600 to 350). They tried to stack bad

appraisals so in case I won my DIA appeal, they could try and get rid of me on

performance. They began threatening to fire me and drag things out until my government

benefits disappeared (which they did and after 365 days I lost my health insurance and

all of my other government benefits and couldn’t get Temporary Continuing Coverage or

TCC because of their well-panned premeditated strategy to make me suffer by

terminating me after 365 days of unpaid suspension (or the first time their premeditated

persecution hit its mark - revoking my TS-SCI clearance cost me a $150,000 job offer

with a Intel Community contractor).

My friends convinced me it was race discrimination (I thought it was a clear case of

abuse of management authority/abuse of power and misuse of a presidential waiver to

bypass the law and the rules and regulations) when they started reminding me of all the

things Mr. Washcull and MDA had put me through. The precious harassment, the

withholding my 30-year pin and certificate for 12 months, no government cell phone, no

corner office, no STE even though my job required it, etc. There are so many

unexplainable decisions, so many inconsistencies, so many conflicts of interest, that it

had to be racism they said. And when they said, “how come there are no black people in

senior leadership positions. There are 33 SESes. Shouldn’t 2 or 3 be black? And don’t

you think if there were a black senior executive that this persecution would have been

allowed to continue unabated for so long” finally convinced me.

Unfortunately, MDA constantly ignored what they didn’t want to hear (they should be

hoisted on the pillar of arrogance) until EEOC, the first authority not inside the DoD circle

of influence, ruled against them and told them there were grounds for racial

discrimination (they said there wasn’t and summarily dismissed my complaint out of hand

without bothering to investigate it) and ordered them to do a full and complete

investigation of my grievances.

Essentially, the truth has been covered up by MDA and ignored by DIA and DoD. And the

truth is that a bigoted SES Senior Leader at MDA used a minor isolated (one-time)

security incident to get rid of his most senior black employee. Another truth is that the

punishment doesn’t fit the “crime” in that a 1 rating, a year of unpaid suspension, and

termination of employment is too extreme a punishment for civil service employee

charging a cell phone in his office in a SAPF, for a first offense when no damage was

done in order to accomplish the mission. And it is especially egregious behavior because

MDA vindictively used it as a reason to not only eject me from the SAPF/SCIF, but to

revoke all my clearances so I couldn’t be transferred to another position in MDA or DoD,

and to deny me a merit-selected transfer to the Pentagon, and to deny my early

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retirement request which has cost me my health care and all other benefits (all because I

charged a 1st generation cell phone with no camera, no data-transfer capabilities and it

was a first offense where SOP is retraining and where no damage or disclosure occurred

to the data or info systems).

Bottom Line: Mr. Washcull had a choice. The SOP gave him options. He didn't have

to ask for Total Clearance Revocation (so I couldn’t work anywhere anymore), or chose

Maximum Punishment or Unlawful Termination, but he did! And when he realized I

wasn't a spy or that no damage was done, he still insisted on Maximum Punishment.

Also, each person in the COC had a choice. They could have done something about

it, but didn't! They chose to look the other way. And so did MSPB and CAFC! With the

stroke of a pen you can undo this unlawful discrimination and retaliation. And you can

correct CAFC’s erroneous decision!

The MSPB Proceedings and Denial of My Request for an Oral Hearing

MSPB proceedings were more of the same. People bent on maintaining the status quo at

the expense of justice and fairness and getting to the truth. At every turn they sided with

MDA in order to protect their reputation, their resources and the status quo. At every turn

they utilized lack of jurisdiction and other legal techniques to conceal evidence and avert

justice! Furthermore they denied a legitimate request for an oral hearing, in effect,

denying me my right to a fair hearing, my right to be heard, and my right to face my

accuser, thus violating the sixth amendment of the US Constitution.

The CAFC Proceedings and Denial of My Request for an Oral Hearing

Ditto for the CAFC proceedings. More recently they have resorted to sidestepping my

Appeals by transferring them to the US District Court for the Eastern District of Virginia

(USDC-EDVA) to save resources and avoid the responsibility of making a decision. In

effect, CAFC is violating the Sixth Amendment which calls for speedy hearings and case

resolutions by needlessly delaying my hearings and decisions. Furthermore, transferring

my case to the US District Court for the Eastern District of VA (USDC-EDVA) adds 2

more layers of judicial bureaucracy to my appeal/case (and additional suffering for my

family and I) if I have to appeal their decisions (USDC-EDVA and CA4C), no doubt an

effort to delay my case until I die or quit. It is bureaucratic and judicial apathy like this that

has caused my appeals to drag on for five years and made the affects of my

discrimination and retaliation much worst (and is going to encourage the bad guys to

continue their egregious behavior in the future).

As a result of Mr. Washull’s and MDA’s Discrimination, I was wrongfully stripped of all

my beloved clearances I spent 33 years earning (I receive my TS-SCI when I went

into the USAF because I was programming satellites in FORTRAN and maintained it

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throughout my entire career until a bigoted SES Colluded with DIA and had all of my

clearances discriminatorily revoked so he could prevent me from being transferred

anywhere else in DoD), wrongfully stripped of my beloved cybersecuirty job (one I

was very good at and a critical shortage job in DoD), wrongfully stripped of my

beloved civil service career (when I had a great chance of breaking the longevity

record), wrongfully stripped of my beloved FEHB health care and FEGLI life

insurance (when I desperately needed because I had 3 uninsurable family members,

wife with Cancer, son with Autism, and me with Diabetes)!

Do you want quantifiable costs for MDA’s Discrimination?

How about 7 years my family and I had no health care whatsoever! And what about

the stress, anguish, trauma, anxiety, humiliation, indignity and physical, emotional,

mental and psychological damage that caused us? The Medical Bills due to the lack of

health insurance now total $149,085.20! But what about the unquantifiable costs?!

What about the TSP I lost because of MDA’s Discrimination, which was $562,113.49

then, and would be at least $2,400,000.00 today? And what about the IRA I lost which

was $40,024.58 then, and would be at least $160,000.00 today?

What about the $909.00 a month break-in-service penalty and indignity I have been

forced to endure for 141 months (from Nov 30, 2011 to present) because of MDA’s

Discrimination? That cost is 141 * $909.00 = $128,169.00!

What about my back pay costs? That cost would be at least $1,480,000.00! And what

about my Future Earnings costs? That cost would be at least $3,100,000.00!

How about the $1,100,000.00 in medical bills that has yet to be paid for my Autistic son’s

100 day hospital stay at Reston Hospital and Moss Rehab Hospital?

And what about all the money my sons have loaned me to keep me financially afloat? So

far they have loaned me $80,677.58 and counting!

What about the $68,000.00 tax bill the IRS levied when MDA’s Discrimination forced me

into liquidating my TSP and IRA?

And what about the $676,560.00 in PLUS loans my wife and I had to get to send our son

to college because of MDA’s Discriminatory wrongful job termination which cost us our

sole income and means to send them to college?!

What about my credit rating that was trashed by MDA’s Discrimination? It went from 680

to 505!

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And that’s not counting all the physical and emotional and mental and psychological pain

and suffering, MDA’s Discrimination has caused me and each member of my family!

Even our beloved golden retriever suffered needlessly because we couldn’t afford to take

him to the veterinarian and needlessly died early because of MDA’s Discrimination!

MDA's Discrimination and all the people and organizations whom we went to for help that

stood around and let it happen (accomplices during and after the fact) has cost me and

every member of my family unimaginable and irreparable injuries and damages that will

never be healed or fixed by monetary means alone. Mr. Washcull and MDA and all the

others should and must be held accountable for their egregious atrocities and only you,

the US Supreme Court can do that now. Every other authority has disingenuously

dismissed our pleas for help out of hand!

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REASONS FOR GRANTING THE PETITION

My case is unique and important. It deals with Employer Discrimination in the Department

of Defense, specifically the Missile Defense Agency’s Discrimination against Charles

Adams, CISSP. And it deals with DIA’s Failure to Recues themselves from the clearance

investigation and revocation process in order to avoid the appearance of impropriety and

Conflict of Interest or Lack of Impartiality (collusion) since Mr. Michael Waschull worked

for DIA immediately before MDA. It is also about the egregious error CAFC made in their

decision to dismiss CAFC 2023-1213 (DC-3443-22-0386-1-1) which is an MSPB

Administrative Appeal Against DIA For Failing to Recues themselves from the clearance

investigation and revocation process in order to avoid the appearance of impropriety and

Conflict of Interest or Lack of Impartiality (collusion) since Mr. Michael Waschull worked

for DIA immediately before MDA. Finally it deals with the constitution and whether a

President can waive laws that deny citizens (employees) rights and violate EEO rules

and regulations even to get a strategic national defense advantage such as standing up

the missile defense system.

My case has the potential to resolve a long-standing conflict between Presidential

Powers for National Defense and Individual rights of Government Employees and

American Citizens when one has to be chosen over the other. And to validate the

wrongfulness and injustice of DIA’s Failure to Recues themselves from the clearance

investigation and revocation process in order to avoid the appearance of impropriety and

Conflict of Interest or Lack of Impartiality (collusion) between powerful entities when

directed at powerless employees.

By allowing MDA to ignore personnel rules and regulation (and security and other long­

standing rules and regulations) because of a Presidential waiver, MDA has been able to

haphazardly use security clearance revocations as a tool to get rid of vested employees

they don’t like or disagree with, or worst solely because of the color of their skin (which is

blatant racism and employer discrimination). And likewise, by allowing DIA to not recues

themselves and practice wrongful collusion without consequences, DIA and MDA and

Mr. Waschull have been able to been able to haphazardly use security clearance

revocations as a tool to get rid of vested employees they don’t like or disagree with, or

worst solely because of the color of their skin (which is blatant racism and employer

discrimination). Thus I feel the Supreme Court should grant my petition (take on my case)

in order to determine once and for all whether the president has the right to waive rules

and regulations and policies (and even laws) in order to facilitate national security at the

expense of the civil rights of federal employees and American Citizens, and whether

Failing to Recues Oneself when required (as was the case here) or Collusion in the

Department of Defense and the Federal Government should go unheeded and

unchecked, with no one and no organization being held accountable for it.

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I’m also appealing my US Court of Appeals decision to the Supreme Court. Given the

unique circumstances, perhaps it’s not too late for you (the US Supreme Court) to help

me. I’m thinking along the lines of the legality of using Presidential Waivers to circumvent

EEO laws rules and regulations that violate employee rights and the potential to resolve a

long-standing conflict between Presidential Powers for National Defense and Individual

rights of Government Employees and American citizens when one has to be chosen over

the other. And I’m also thinking along the lines of the immorality of Failing to Recues

Oneself when required (as was the case here) and the immorality of Collusion when it

helps the powerful at the expense of the powerless, and helps the employer at the

expense of its employees.

Additionally, it is my belief that if you take the case, not only will it give you the

opportunity to change the way the government operates for the better, but once the

Department of Defense finds out that you have taken the case, they might direct MDA to

settle (because they don’t want you messing around with the way they do things), and

justice will be served.

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CONCLUSION

The petition for a writ of certiorari should be granted.

Respectfully submitted

Charles D. Adams, CISSP

Pro Se Petitioner

12994 Park Crescent Circle

Herndon, VA 20171

703-708-9077

Date:

Aug 4

.2023

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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