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Case 1:07-cv-01707-HHK-JMF Document 67 Filed 04/24/2008-Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, Plaintiff, v. Civil

RICHARD P. KENNEDY, District Judge. [1] This action is brought by Plaintiff NSC Staff Sergeant Michael Moreland, and his mother, Lisa Moreland. We call the action for the plaintiffs pursuant to 27 U.S.C. Section 1915, alleging violations of the Civil Service Reform Act (“CSA”), 5 U.S.C. Section 5195, by Defendant Richard W. Holbrook II, and his wife and daughter, Katherine and Valerie Holbrook. Mr. Moreland is a member of the National Security Council Staff. His duties include overseeing the NSC staff's preparation of the President's Annual Report to the Nation on the Status of the United States, the President's National Security Strategy, and National Speech or Address. Mr. Holbrook has served as President Obama's Special Presidential Envoy to Afghanistan and Pakistan, and also oversees the NSC and many other national security matters. [2] Mr. Moreland alleges that they violated their duty to discharge their duties according to law by acting in concert with each other and other employees to secure Mr. Moreland's job and retaliate against him for exercising his First Amendment rights to communicate his views of governmental policy to the members of that staff by using the NSC computer system, without any lawful basis. According to Mr. Moreland, the Holbrook employees, for the most part, did not use the NSC computer system. Instead, they went to websites related to the United States foreign policy. Mr. Moreland alleges they engaged in this activity, when, “The defendants knew or should have known that Mr. Moreland could have been using the NSC computers by utilizing the web-surveillance software program known as “Denver,” which is primarily used by federal government employees in the private sector.” In addition to this alleged use of the NSC computer system, Mr. Moreland claims the other defendants, including Mr. Holbrook and Ms. Holbrook, violated their duty to discharge their duties, by using their NSC computers to conduct a campaign of computer harassment against Mr. Moreland and his family as a matter of reprisal for Mr. Moreland's efforts to inform colleagues, members of Congress, and, finally, to expose the harassment and retaliation which Defendants Holbrook and Holbrook's wife and daughter experienced, which resulted in the termination of his job, the threat, the arrest of his family, the suspension of his security clearance, and other actions. Mr.

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