Whether the Supervisory Power of this Court invoked recall of the mandate of Federal Circuit to vacate an unreviewed, Merits Systems Protection Board (MSPB), Administrative Judge (AJ) decision containing procedural errors, failure to apply the law to facts of case and unsupported by substantial evidence, effecting the Petitioner's rights, under the Whistleblower Protection Act (WPA)

QUESTIONS PRESENTED (1) Whether the Supervisory Power of this Court invoked recall of the mandate of Federal Circuit to vacate an unreviewed, Merits Systems Protection Board (MSPB), Administrative Judge (AJ) decision containing procedural errors, failure to apply the law to facts of case and unsupported by substantial evidence, effecting the Petitioner’s rights, under the Whistleblower Protection Act (WPA). 5 C.ER. Section 1201.111(b). (2) Whether the MSPB AJ illegally rejected the WPA appeal because it was supported by a preponderance of direct evidence proving the impermissible retaliatory motive played a motivating part in adverse personnel action. McDonnell Douglas framework not applicable. (3) Whether the MSPB and Federal Circuit erroneous focus on prima facie case caused a failure to decide the ultimate factual issue of whether the agency intentionally retaliated against the appellant. li STATEMENT OF RELATED CASES ¢ Demery v. Dept of Army, MSPB No. PH-1221-180105-W-1, Initial Decision, July 27, 2018, final decision, June 21, 2019. * Demery v. Dept of Army, No. 19-2282, Court of Appeals for the Federal Circuit, Judgment entered April 9, 2020 * Demery v. Dept of Army, No. 19-2282, Court of Appeals for the Federal Circuit, Petition for panel rehearing and rehearing en banc motion granted, June 1, 2020 ¢ Demery v. Dept of Army, No. 19-2282, Court of Appeals for the Federal Circuit, Petition for panel rehearing and rehearing en banc denial, July 1, 2020. Mandate to issue July 8, 2020. ¢ Demery v. Dept of Army, No. 19-2282, Court of Appeals for the Federal Circuit, Petition to recall of court mandate, July 7, 2020. ¢ Demery v. Dept of Army, No. 19-2282, Court of Appeals for the Federal Circuit, Petition to recall court mandate denied, July 16, 2020.