William Douglas Marcum v. Merit Systems Protection Board

Whether the Fifth Amendment’s Due Process Clause is violated when the Merit Systems Protection Board relies on perjured testimony, denies discovery, and excludes exculpatory evidence in dismissing an employee’s appeal for lack of jurisdiction.

Whether a federal court may treat the use of perjury, suppression of discovery, and refusal to consider newly discovered evidence of government witness misconduct as “harmless error’’ in reviewing an MSPB decision.

Whether under 5 C.F.R. § 715.202, an employee retains the right to rescind a resignation before its effective date, and whether an agency may lawfully refuse rescission absent a valid, articulated reason.