In Re Libby A. Demery

Whether the Supervisory Power of this Court in­ voked recall of the mandate of Federal Circuit to vacate an unreviewed, Merits Systems Protection Board (MSPB), Administrative Judge (AJ) deci­ sion containing procedural errors, failure to apply the law to facts of case and unsupported by sub­ stantial evidence, effecting the Petitioner’s rights, under the Whistleblower Protection Act (WPA). 5 C.F.R. Section 1201.111(b).

Whether the MSPB AJ illegally rejected the WPA appeal because it was supported by a preponder­ ance of direct evidence proving the impermissible retaliatory motive played a motivating part in ad­ verse personnel action. McDonnell Douglas frame­ work not applicable.

Whether the MSPB and Federal Circuit erroneous focus on prima facie case caused a failure to decide the ultimate factual issue of whether the agency intentionally retaliated against the appellant.