April 11, 2006: A TSA whistleblower is improperly fired and accused of leaking classified information.

Robert MacLean (Credit: public domain)

Robert MacLean (Credit: public domain)

In early April 2006, TSA [Transportation Security Administration] official Robert MacLean appears on NBC News incognito to complain that the TSA is requiring sky marshals to wear suits and ties, making them easily identifiable to potential terrorists. But his identity is somehow discovered by the TSA, and he is fired on April 11, 2006.

The TSA claims he leaked “Sensitive Security Information.” However, he argues that the text message he leaked wasn’t marked as classified and was sent to sky marshals over regular phone lines.

In 2014, after years of legal battles, the US Supreme Court will rule that the Whistleblower Protection Act prevented his firing. A year later, he will be reinstated, but he says he is still fighting with the TSA.

In September 2015, he will note similarities between his case and Clinton’s email scandal, but he predicts she will have an easier time than he did. “There’s just a different standard for whistleblowers than for politicians.” (McClatchy Newspapers, 9/29/2015)

May 5, 2016: Some of Clinton’s emails may remain private because of a legal precedent involving former Secretary of State Henry Kissinger.

US Secretary of State Hillary Clinton (R) and former US Secretary of State Henry Kissinger participate in "Conversations on Diplomacy, Moderated by Charlie Rose,” at the Department of State in Washington, DC, on April 20, 2011. AFP Photo/Jewel Samad (Photo credit should read JEWEL SAMAD/AFP/Getty Images)

Clinton and Henry Kissinger in Washington, DC, on April 20, 2011. (Credit: Jewel  Samad/AFP/Getty Images)

Kissinger made transcripts of some of his work-related phone calls. After he left office in January 1977, he took the only copies with him and eventually had them transferred to the Library of Congress, with tight restrictions on who could access them. A watchdog group sued for access, but the US Supreme Court ruled in a five-to-two decision that the State Department had no obligation to search for documents that had been removed, even if they had been improperly taken.

However, there is a footnote written by Justice William Rehnquist that the ruling might not apply when someone is actively trying to thwart the Freedom of Information Act (FOIA).

In two ongoing civil suits, judges have granted discovery to Judicial Watch in part to determine if Clinton or her aides had actively tried to thwart FOIA. That opens the possibility of a judge eventually ordering Clinton to hand over even the emails she deemed personal, if she still has them. (Time, 5/5/2016)