Parkinson v. Department of Justice

Opinion for the court filed by Circuit Judge Hughes, in which Chief Judge Prost and Circuit Judges Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallaeh, Taranto, Chen, and Stoll join.

Dissenting opinion filed by Circuit Judge Plager, in which Circuit Judge Linn joins.

Dissenting opinion filed by Circuit Judge Linn, in which Circuit Judge Plager joins.

HUGHES, Circuit Judge.

Lt. Col. John C. Parkinson appeals from a final decision of the Merit Systems Protection Board sustaining his removal from the Federal Bureau of Investigation. A panel of this court reversed the Board’s decision, concluding,…