170 F.3d 37

BAILEY ALDRICH, Senior Circuit Judge,
concurring.
Judge Cyr’s opinion, which I entirely accept, reads very persuasively. So, however, does the district court’s. In choosing to go along with the later one, I note several matters. To begin, whistleblowers face many obstacles. In the first place, they face those whom they charge, and the higher up those persons, the more difficult they are to meet. In the second place, whistleblowers face others who, if not directly concerned, know on which side their bread is buttered. These obstacles must always be remembered. It must also be remembered that whistleblow-ers are Congressionally approved, rather than everybody’s enemy. .
Next, it is to be noted that there is an odor pervading this case. Consider the exceptional, indeed unique, size of the loan; the way it was granted, particularly the selection of the appraiser; and the relationship of the parties in interest, specifically, the fact that the borrower sat on the credit union’s board of directors at the time and was allegedly involved in an extramarital affair with its senior vice-president for mortgage loans. Consider also, at least in passing, the amount that the collateral proved to be below the indebtedness, not to mention the required excess. This all produced a substantial odor that cannot be made to disappear simply by attacks that may be voiced against the plaintiff individually.
With all this in mind, I note that this is summary judgment.

Passage view · GavelSight