MSPB case law states that disclosure of information that is publicly known is not a disclosure under
the WPA, the Board qualified this requirement when it held that if an employee’s disclosure adds
“additional information necessary to recognize” the nature or seriousness of a publicly known
problem, and this is information the public would not have otherwise had, then the disclosure is
protected under the WPA.
Wadhwa v. Department of Veterans Affairs,110 M.S.P.R. 615 (2009).