Whether the 60-day filing deadline is subject to equitable tolling

QUESTIONS PRESENTED 1. Whether the 60-day filing deadline is subject to equitable tolling beyond the control of the Petitioner or under “Unique or Personal Circumstances” is warranted for “Want of Service” or OPM’s ; : misconduct in OPM Investigation Case 01-904-277? _ 2. Whether Congress intended the “60 day filing period” as Jurisdictional and "Notwithstanding any other provision of law" (5 U.S.C. § 7703(b)(1)(A)) is a claim processing rule subject to the equitable | doctrine of tolling? 3. Whether 5 C.F.R. § 1201.3 Subject matter jurisdiction overrules the “60 day filing period deadline” on the Merits, 5 U.S.C. § 7703(b)(1)(A)? 4. Whether OPM’s December 27, 2004, Final Decision in OPM : Investigation Case 01-904-277 removed Federal Jurisdiction in F. Circuit 2005-3155, and 5. Whether Due Process is violated, when Petitioner is denied the right to appeal or challenge the Courts jurisdiction on unavailable exculpatory and undisclosed new and material evidence, removing the Lower Court’s Jurisdiction? Given every appellate court has a special obligation to satisfy itself not only of its jurisdiction but also that of the lower courts in a cause under review and the Constitution is the paramount law. The Federal Circuit has jurisdiction to review , all aspects of Petitioner's Constitutional claims and under 5 U.S.C. §§’s 702, 704, 7701, 7708; 28 U.S.C. § 1295(a)(9); 5 CFR § 300.104, 5 C.F.R. § 731.501, 5 C.F.R. § 1201 et seq., and Federal Rules of Civil Procedure 60. The Federal Circuit HELD, "Notwithstanding any other provision of law" under “5 U.S.C. § 7703(b)(1)(A) is not applicable and “60 day filing period is jurisdictional and not subject to equitable tolling”. ‘ : ii This petition centers on newly discovered evidence affecting the Lower Courts Jurisdiction and outcome of the case, new and unavailable evidence obtained from Petitioners Freedom of Information Act (FOIA) to Office of Personnel Management (OPM) on May 26, 2011. OPM Lead Suitability Specialist Kimberly Truckley’s Amended, Overturned, and Vacated Karen McCue’s May 16, 2001 (which is the basis of this appeal), initial negative suitability determination on December 27, _ 2004 (undisclosed new evidence), removing the Lower Courts subject matter jurisdiction. "Notwithstanding any other provision of law" or “Inequitable Conduct and/or Equitable Tolling” is appropriate to reopen or reconsider the Lower Court’s 5 C.F.R. § 1201 et seq. Subject Matter Jurisdiction and Timeliness Jurisdiction on new evidence or fraud. The Federal Circuit HELD, "Notwithstanding any other provision of law" under “5 U.S.C. § 7703(b)(1)(A) is not applicable and “60 day filing period is jurisdictional and not subject to equitable tolling”.