General Discussion
In reply to the discussion: In the current SCOTUS Case, Obama is not out to get whistleblowers (Firedog is wrong) [View all]Jeff In Milwaukee
(13,992 posts)Read the goddam Amicus Curiae.
This is fundamentally a human resources issue. The ACLU is arguing that every employee should be treated as a private citizen when it comes to testimony in court -- meaning that as a Police Chief, I can't fire an officer who is terrible at testifying in court (which is part of his job description). The Obama Administration -- and again I would urge you to read the Amicus -- is arguing that the definition should be that broad. Here's the money quote from you:
Gershengorn: When government employees testify, they sometimes speak as citizens and they sometimes speak as employees. We agree that Petitioner here spoke as a citizen when he testified, but we disagree with the suggestion of some of the amici that government employees always speak as citizens rather than as (employees).
Did you get that? The government agrees that Lane was protected - I suspect that this Amicus Curiae only arose when the DOJ learned that the ACLU was going to come in arguing that the Court should through out the baby with the bathwater.