That panel decision resulted in this en banc review.See Parkinson v. Dep't of Justice, 815 F.3d 757, 776 (Fed. Cir. 2016), vacated by 691 Fed.Appx. 909 (Fed. Cir. 2016) (per curiam order granting petition for rehearing en banc). The MSPB heard Mr. Parkinson's appeal from his dismissal, but ruled he could not present his affirmative defense that the dismissal was in retaliation for his whistleblowing activity.
Such credibility determinations are "virtually unreviewable." Parkinson v. Dep't of Justice, 815 F.3d 757, 764 (Fed. Cir. 2016). Mr. Corbin, moreover, has presented us with no reason why we should disturb those determinations.