Cassidy v. Department of Justice

Donald W. Cassidy appeals the Merit Systems Protection Board’s (MSPB) denial of his request for corrective action under the Whistleblower Protection Act (WPA). Because we find that substantial evidence supports the MSPB’s determination that the Department of Justice (DOJ) demonstrated by clear and convincing evidence Mr. Cassidy would not have been selected to serve as an immigration judge even if he had made no disclosures protected under the WPA, we affirm.

I. Background

A. San Antonio application

At all times relevant to this appeal, Mr. Cassidy served as deputy chief counsel for the…