Kahn v. Dept of Justice

This is a matter arising under section 4(a) of the Whistleblower Protection Act of 1989 ("WPA"), 5 U.S.C. § 2302(b)(8) (2006). Douglas Kahn is a Special Agent Criminal Investigator with the U.S. Drug Enforcement Administration ("DEA"). He appeals from the Merit Systems Protection Boards ("Board") final decision that Kahn did not make protected disclosures under the WPA. See id. § 2302(b)(8)(A). This is Kahns second appeal from the Board. In the previous appeal, this court reversed the administrative judges decision that the Board lacked jurisdiction over his individual right of action ("IRA"). See Kahn v. Dept of Justice, 528 F.3d 1336, 1338 (Fed. Cir. 2008). We affirm and hold that Kahn did not make protected disclosures under the WPA.