(1) Whether the Supervisory Power of this Court in
voked recall of the mandate of Federal Circuit to
vacate an unreviewed, Merits Systems Protection
Board (MSPB), Administrative Judge (AJ) deci
sion containing procedural errors, failure to apply
the law to facts of case and unsupported by sub
stantial evidence, effecting the Petitioner 's rights,
under the Whistleblower Protection Act (WPA). 5
C.F.R. Section 1201.111(b).

(2) Whether the MSPB AJ illegally rejected the WPA
appeal because it was supported by a preponder
ance of direct evidence proving the impermissible
retaliatory motive played a motivating part in ad
verse personnel action. McDonnell Douglas frame
work not applicable.

(3) Whether the MSPB and Federal Circuit erroneous
focus on prima facie case caused a failure to decide
the ultimate factual issue of whether the agency
intentionally retaliated against the appellant.

Whether the Supervisory Power of this Court invoked recall of the mandate of Federal Circuit to vacate an unreviewed, Merits Systems Protection Board (MSPB), Administrative Judge (AJ) decision containing procedural errors, failure to apply the law to facts of case and unsupported by substantial evidence, effecting the Petitioner's rights, under the Whistleblower Protection Act (WPA)