Elizabeth Aviles-Wynkoop v. Department of Defense
DueProcess FifthAmendment JusticiabilityDoctri
Can the Federal Government violate a Federal Employee's 5th Amendment right by depriving a federal employee of his or her property right (job) without due process-the right to respond to the action prior to removal from federal service?
QUESTION PRESENTED On January 4, 2016, I was first terminated from the Federal Government _ as a probationary employee. The termination letter was dated January 4, 2016 and became effective on January 4, 2016. I was denied my Constitutional right to respond to the charges prior to being terminated. : The decision letter contained information that was not contained in the proposed letter. According to the United States Court of Appeals decision from the Federal Circuit, based on 5 U.S.C 7513(b)(2), I was entitled toa . minimum of seven (7) days to respond to the charges prior to a removal. On June 24, 2017, the agency terminated me a second time primarily based on the evidence that was used in the first termination. During the second termination, the agency introduced new affidavits that were one year and two months old, after I was terminated and never presented in the decision letter or in the first termination letter. In essence, I was denied of my Constitutional right to respond the charges prior to the removal. I believe it would be beneficial if the Supreme Court would review the alleged perjury of the affidavits from Federal Government Officials. This was the second removal for the same offense, double jeopardy. The agency failed to defend or address my 8-million-dollar Whistleblower Enhancement Act. Jam respectfully asking the court to review and determined if the respondents committed judicial default. There is a significant problem with the uniform compliance of the code of federal regulations, United States Code statues, and the problem with double jeopardy cases in the federal government. Each federal agency handles their cases differently. I am respectfully asking this court to establish a national standard pertaining to terminating a federal employee twice for the same offense without providing the employee with an opportunity to respond prior to a removal action. THE QUESTION PRESENTED IS: Can the Federal Government violate a Federal Employee's 5th Amendment right by depriving a federal employee of his or her property right (job) without due process-the right to respond to the action prior to removal from federal service? Can a Federal Government employee be terminated twice for the same offense, and can the Federal government add new evidence that was 1 year and 2 months old after a removal? -1 Pt oO ; QUESTION PRESENTED : . (CONTINUED) THE QUESTION PRESENTED IS (CONTINUED): Can the Government prevail if they fail or refuse to defend my 8-million-dollar whistleblowing complaint? Thus far, this issue has not been defended by the Federal . Government? . Are Federal Arbitrators, Administrative Law Judges, and Federal Appellate Court Judges under any obligations to . ' comply and enforce such regulations as 5 C.F.R. 752.404 (g) when handling administrative cases? The United States Supreme Court's opinion in this area could benefit all 50 states in processing removal cases. -i: