A Washington federal appeals court seemed unlikely to find that it can consider the suspension of an FBI agent who testified before Congress about politicization at the agency.

A three-judge panel for the US Court of Appeals for the D.C. Circuit heard argument on Tuesday in litigation brought by Garret O’Boyle. He’s argued that the FBI illegally retaliated against him for whistleblowing when it revoked his security clearance and indefinitely suspended him.

O’Boyle lost his clearance over allegations he leaked information to the media, according to a congressional report.

The judges appeared skeptical they had jurisdiction to hear O’Boyle’s case, ...

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