Diana Zuniga Kammunkun v. Department of Defense

Whether the Fifth Amendment's guarantee of due process permits an agency official to materially revise investigative findings after the investigative process has concluded, direct adverse action based upon those revised findings, and then serve as final adjudicator of the employee's response to those revised findings. Whether an appellate court may affirm rejection of a federal employee's due process claim by resolving a materially different legal question than the constitutional issue actually presented for review.