Jeffrey M. Hathaway v. Department of Justice

SCHALL, Circuit Judge.

Jeffrey M. Hathaway petitions for review of the final decision of the Merit Systems Protection Board (“Board”) sustaining his removal from employment with the Department of Justice’s Drug Enforcement Administration (“DEA” or “agency”). Hathaway v. Dep’t of Justice, 95 M.S.P.R. 295 (M.S.P.B.2003). In its final decision, the Board denied Mr. Hathaway’s petition for review of the initial decision of an administrative judge (“AJ”) upholding all three charges brought by DEA, as well as the penalty of removal. Hathaway v. Dep’t of Justice, No. BN-0752-01-0215-I-2 (M.S.P.B.…