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Constitutional Law Keyed to Choper
Nixon v. Fitzgerald
Citation:
457 U.S. 731 (1982)Facts
In November 1968, A. Ernest Fitzgerald, a management analyst with the Department of the Air Force, testified before a congressional subcommittee about cost overruns and technical problems with the C-5A transport plane, causing embarrassment to his superiors. In January 1970, during the Nixon administration, Fitzgerald was dismissed from his position as part of a departmental reorganization and reduction in force. Fitzgerald complained to the Civil Service Commission, alleging his dismissal was retaliation for his congressional testimony. At a 1969 press conference, President Nixon stated he was “totally aware” of Fitzgerald’s impending dismissal and had approved it, though the White House later retracted this statement. The Civil Service Commission ultimately determined that Fitzgerald’s dismissal violated applicable regulations because it was motivated by reasons “purely personal” to him, though it did not find evidence of retaliation for congressional testimony. Fitzgerald subsequently filed a civil damages action against Nixon and others, alleging violation of his constitutional rights and statutory protections for those who testify before Congress.
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