Butlak v. DHS — Fed. Cir. (Oct 6, 2026)
The Federal Circuit hears a federal border officer's challenge to his dismissal for dishonesty. Butlak asked a co-worker to give his supervisor false information about why he was late to work. The Department of Homeland Security removed him from his Customs and Border Protection officer position on charges of lack of candor and conduct unbecoming an officer. When he appealed, the Merit Systems Protection Board upheld the removal. His lawyer will argue that the administrative judge overstated the misconduct and mishandled the penalty analysis. This is a job-discipline appeal, not a criminal trial. Listen for the distinction between whether the misconduct occurred and whether dismissal was a reasonable punishment.
Butlak v. DHS (No. 25-1501) — U.S. Court of Appeals for the Federal Circuit, argued October 6, 2026.
- 0:00Introduction
- 9:53Giglio and witness credibility
- 11:53Douglas penalty factors
- 15:32Advocate — Homeland Security