Thank you so much for posting these. I'm not a law student yet but to be able to watch minds like Paul Clement and Judge Easterbrook talk for free and online is an awesome thing. Easily two of my favorite legal minds and I just stumbled on them here! Again thank you!
Paul Clement made false and ridiculous statements in "Brodowy v. U.S.", a pay complaint brought by a group of FAA Air Traffic Controllers. It is not Air Traffic Control FACILITIES that change pay systems, it is EMPLOYEES who change pay systems, you pay PEOPLE, not BUILDINGS. In addition, the Rule 35 "conversion rule" to change Air Traffic Controllers has NEVER been applied to the 160, who were cheated out of the correct POSITION in the new pay band, the case was not about failure to give a "two-step increase" to a group of Air Traffic Controllers. The dismissal of the case also CAUSED the FAA to CONTINUE LOSING money in ILLEGAL OVERPAYMENTS to 99% of Air Traffic Controllers who partook of the $200 million distribution, where 1% of us were cheated, causing the other 14,982 controllers to be illegally overpaid by, on average, $2.87 per paycheck after the third year of the distribution, enough to buy 3 or 4 candy bars every two weeks, so the 160 of us could be cheated out of an average of $7,000 per year, a few as high as $17,000 per year, after the third year of the distribution. When I asked the Compensation Policy Manager, "What happens after the distribution of the $200 million?", he replied, "Then it becomes the cost of doing business", so pay did not go back down after the distribution, therefore, the overpayments to the 99% have been continuous for 18.8 years, or until retirement, with overpayments totaling over $21.5 million. If not for retirements during that time (approximately 11,500), the overpayments would have totaled approximately $26.7 million. However, most of us cheated controllers were only cheated on a temporary basis, and are owed less than $7 million. So, dismissal of the case ALLOWED the FAA to suffer a NET LOSS of at least $14.5 million during the last 18.8 years.
I am not going to ultimately be a "loser", because President Trump is about to issue a "corrective directive" to the FAA, in compliance with his MANDATORY duty according to Section 2301(c)(1), Title 5, U.S.C., "Merit System Principles", concerning Federal employees, which states, "The President SHALL take ANY action...including the issuance of rules, regulations, or directives...", to RE-DETERMINE the distribution of $200 million among Air Traffic Controllers by paying the 160 who were delayed in moving to higher-level FAA facilities by 14 months because of the 14-month delay in contracting out our control towers at small airports, AS IF we moved AS SCHEDULED to our higher-level facilities, and I am going to file a lawsuit against Paul Clements for "Deceiving a Federal Judge into believing that it is Air Traffic Control FACILITIES that change pay systems, when it is EMPLOYEES who change pay systems". I may also file a criminal complaint against Mr. Clements for "Aiding and Abetting the FAA Air Traffic Division in THEFT OF LABOR from Federal public safety employees", which is putting the flight safety of the public at risk by having angry cheated controllers who are having a difficult time concentrating on the job due to anger and frustration, where one of the cheated controllers has already had a midair collision between an Air Force F-16 fighter jet and a Cessna, in the Tampa, Florida, area, several years ago, where the Cessna pilot was killed and the Air Force lost a multi-million-dollar jet (the pilot ejected).
