Fired Phoenix VA Director Scores Legal Win, Sparks Outrage

Actually, Congress does make the law (or at least that's the way the "system" is supposed to work). Sure, the President can request that Congress make a law or can champion its passage, but the law itself is written and debated solely in Congress. Sadly, Congress isn't too good at law making anymore. They don't have time for it. They're too busy dialing for dollars (telemarketing - each member of Congress has to sit at a phone bank four hours every day or risk losing their party backing in the next election). Thus, a lot of bad law is being written. Maybe a few injustices like rehiring this VA employee or paying her a substantial amount to go away, will wake up We the People and we'll demand better of our elected representatives (no, really, I'm not joking)

CPT Jack Durish - I saw that on local news how they mentioned it and showed where each party goes. That would have to suck. But am I looking at this wrong with the due process?

SSG Warren Swan - I'm not sure I understand your question, but that never stopped me before, did it? When a case goes to trial, the court of original jurisdiction decides on the facts. Appeals decide if the law was properly applied in the lower court or if the law itself was constitutional. Appellate courts do not look at facts - facts are the purview of the jury alone. The problem in this case is the use of administrative courts which are pseudo-courts. The Congress, busy with more important issues than legislating, has handed off legislative, executive, and judicial authority to bureaucrats. In effect they write the absolute minimum and allow bureaucrats to come up with the details such as how the law is to be administered and disputes adjudicated. This is why Pelosi was speaking truthfully when she said "We'll have to pass it before we can see what's in it". In other words, we'd have to wait for the bureaucrats to write rules and regulations implementing the Affordable Care Act (in that case). It seems that the bureaucrats erred in this case in not providing for appeals to a "real" court. Sure, Congress can write a new law closing this loophole, but it could not apply to the case of this terminated VA employee under the legal principle of ex post facto (you can't be tried under a law for acts that occurred prior to the passage of the law). Inasmuch as reinstating her would incite a public outcry, the VA's only option will be to pay her off to go away.

CPT Jack Durish - You answered it. I was looking at this in the Due Process part of it, and you made it clearer.

So, the MSPB comes into play?

Adjudication and Enforcement
Statistics
• 6,265 cases adjudicated in FY 2009 in Regional & field offices (average of 83 days per case)
• 850 cases adjudicated in FY 2009 at HQ (average of 94 days per case)
• 6% of final Board decisions were appealed to the U.S. Court of Appeals for the Federal Circuit. 92% of the Board’s decisions were upheld.

Then some house cleaning needs to happen.

I fear our best chance to have the VA cleaned up is fading fast today................