Andrew Ludlum v. Department of Justice

*1281Opinion for the court filed by Senior Circuit Judge FRIEDMAN, in which Circuit Judge LINN joins. Dissenting opinion filed by Circuit Judge GAJARSA.

FRIEDMAN, Senior Circuit Judge.

The Federal Bureau of Investigation (“FBI” or “Bureau”) removed Andrew Ludlum (“Ludlum”), one of its special agents, for lack of candor (and other improprieties) during an administrative inquiry. The Merit Systems Protection Board (“Board”) upheld the charge of lack of candor, but mitigated the removal penalty to a 120-day suspension. We affirm.

I

A. The basic facts are largely undisputed. While driving an official…