Martin Akerman v. Merit Systems Protection Board
AdministrativeLaw ERISA DueProcess HabeasCorpus Punishment Privacy
Whether an administrative agency's intentional spoliation of the underlying record can invalidate an appellate judgment and require judicial review of agency misconduct
e Whether an appellate court’s judgment may stand when extrinsic evidence reveals that the underlying administrative record was corrupted by the adjudicating agency’s own spoliation of evidence. e Whether the Merit Systems Protection Board (MSPB) exercises “considerable executive power,” as that term is used in Trump v. Wilcox, 605 U.S. _ (2025), or functions as a “quasi-judicial” body when it acts as counsel for the Department of Defense in federal court, and what level of deference its procedural findings are owed in light of such actions. e Whether a federal district court, possessing evidence of agency misconduct and a breached settlement agreement, is the proper forum to order a global resolution, including a consolidated remand of related whistleblower claims to the MSPB for adjudication on a clean record.