OSC: Give ATF Agent Fired at Denny's His Job Back

Townhall.com ^ | 24 October, 2012 | Katie Pavlich

[marktwain]

An official stay request submitted by the Office of Special Counsel (OSC) has been approved by the Merit Systems Protection Board on behalf of ATF Special Agent Vince Cefalu, the agent recently issued termination papers in a Denny's Restaurant parking lot. The stay request was submitted to the Department of Justice and requests the removal of Cefalu be postponed for 45-days so the OSC has an opportunity to investigate the circumstances surrounding the termination. Specifically, the order requests more time to investigate "whether the agency's decision to remove him from his Senior Operations Officer position violated the First Amendment and constituted a prohibited personnel practice under 5 U.S.C. 2302(b)(12)," according to documents.

The stay request reveals Cefalu was fired for "lack of candor." ATF managers determined Cefalu's lack of candor based on testimony given under subpoena in a hearing on a criminal defendant's motion to suppress evidence according to the stay request. The OSC is arguing Cefalu cannot be terminated because he was not "cross examined about 'the basis of his opinions,' 'he fully disclosed to the court the existence of limitations on his knowledge,' 'his subjective opinions were based on his earlier experience in dealing with local law enforcement officials,' and he was 'sincere.'" In short, ATF managers fired Cefalu because they didn't like the opinions he gave under oath during testimony; testimony he was subpoenaed to give and testimony in which he had an obligation to tell the truth or face a perjury charge.

[marktwain]

If a whisleblower has enough visability, he has a little protection.

[Repeat Offender]

I’ve got a better idea.....shut down the unConstitutional ATF and they can all apply for jobs at Denny’s. The truly motivated jackboots can apply as local dog shooting police officers.

[rawcatslyentist]

What’s the matter? He didn’t shoot his quota of unarmed civilians and their pets?

[Tainan]

"lack of candor" is bureau-speak for un-vetted (statements not previously cleared by higher-ups) testimony, telling the whole truth, under conditions of sworn oath.

Doing so means you hang alone. Good to see this intervention;but his career is still in the toilet.

[Safetgiver]

He’d best walk in, retire if he can or resign to get his money out of the system. He will be set up for an ambush, find drugs in his car or a dead kid in his basement.

[Tainan]

There it is.