USG Invokes Sovereign Immunity in Ex-Local Embassy Guard Case in Ireland

Posted: 12:30 am ET
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Via The Irish Times:

A former US embassy security guard has been told he cannot take an employment appeals case over his dismissal as his former employer, the US government, has diplomatic immunity in Ireland.

John Greene had argued that he was unfairly dismissed from the security guard role in September 2013 following an investigation into what his superiors termed a “security breach” at the embassy in Ballsbridge, Dublin.
[…]
In hearings that touched on several Supreme Court rulings, as well as the European Convention on Human Rights, counsel for the US government successfully argued that sovereign immunity applies due to the important nature of Mr Greene’s duties.

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Manhattan DA Wants Diplomatic Immunity For UN German Diplomat Revoked

Posted: 12:25 am ET
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A diplomat from the Permanent Mission of Germany to the United Nations in New York is accused of punching his wife but is shielded from arrest by diplomatic immunity according to media reports. NYPost says that Manhattan District Attorney Cyrus Vance Jr. wants the diplomatic immunity revoked for the German diplomat.  State Department representatives have reportedly declined to discus the specifics of the case, except to say that the agency is “aware and concerned” of the incident — and that if Germany declines to waive immunity, they can require that the diplomat leave the US. See more below:

Via NYPost:

An NYPD spokesperson said that there is no situation in which it is acceptable for an officer to apprehend someone with diplomatic immunity.

The mayor’s office has urged her to go to a shelter for domestic violence victims, said Johnson, who is resistant of the idea.

“Other than a shelter, I don’t have any other options and I’m not willing to go to a shelter,” she said. “I don’t think I’m made for that stuff. All my life, my husband has been providing for me. He has been keeping me secure. So I don’t really know the world outside.”

Johnson, a native of Pakistan who does not work, met Haubrichs in her homeland when he was working in the German embassy there.
[…]

But she still loves her man and doesn’t want any consequences to rain down on him.  “I’m concerned for him. I don’t want him to lose his job or his title,” Johnson said. “I do want to have a respected life — of course, nothing like this — but I love him very much, I don’t want to compromise his career or position.”
[…]
“He’s a very caring person. It’s just sometimes the anger gets out of hand and things happen,” she said.

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Snapshot: State Department Workforce Composition By Employment Category – 2016

Posted: 12:13 am ET
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Via state.gov:

The State Department says that it employs a workforce of over 80,000 employees. The figure below shows the composition of the 2016 workforce by employment category. Total number of agency employees excluding contractors: 74,721 (FS: 13,948 includes Generalist – 8,196; Specialist – 5,752; Civil Service at 11,037) and Locally Employed Staff at 49,736 (includes Foreign Service Nationals (FSNs)and Personal Services Agreements/Contracts). We have not been able to locate a good number for contractors.

In April 2016, there were 11,861 adult family members overseas, of which 29% or 3,436 FS family members were employed by the USG at missions overseas.

via state.gov

via state.gov

 

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Dear @JohnKerry: One of Your Foggy Bottom Folks Is Asking — Is This Diversity?

Posted: 1:25 pm ET
Note: In an ideal, healthy organization, this letter would be signed by the author and you’d be reading this and discussing creative solutions on the Secretary’s Sounding Board.  What is clear to us is that the fears of reprisal/retaliation are real. This anonymous letter is one more proof of that.  Except for the four active hyperlinks we’ve added to help readers, the text and photo below are published below as received — [twitter-follow screen_name=’Diplopundit’ ]

 

From an anonymous DS Employee: Is This Diversity?

A poignant piece in the President’s Memorandum on Promoting Diversity and Inclusion in the National Security Workforce was the conclusion that “In broad comparison with the wider Federal Government, the federal workforce dedicated to our national security and foreign policy is – on average – less diverse, including at the highest levels.”  Unfortunately, when it comes to the highest levels of the Bureau of Diplomatic Security (DS) diversity is not only less than the average – – it is nonexistent!

ds-top-ranks

A review of the facts.

DS senior leadership is composed of an Assistant Secretary, a Principal Deputy Assistant Secretary, seven Deputy Assistant Secretaries, an Executive Director, and a Coordinator for Security Infrastructure.  Four years ago all of these positions with the exception of the AS were held by active Senior Foreign Service and Senior Executive Service officers.  Two positions were held by female officers and one by a African-American officer.  In the past three years, all three minority members either retired or moved into other positions outside of DS.  Eight of the ten senior leadership positions have become vacant during that time, some more than once, and the current PDAS – Bill Miller, who became subject to Time-in-Class (TIC) restrictions and left active service – was appointed into the PDAS role.

Of the ten opportunities that DS has had to select officers to fill vacancies at the Bureau’s senior-most positions it has consistently selected Caucasian male officers. DS went from a Bureau that from a diversity standpoint was about where the rest of the government is now – less diverse than the average – to one that is now all white, all male, all the time.

We have witnessed the cleansing of DS over the past three years.  It is troubling, and, it should be raising alarm bells throughout the Department.

But is it not.

Instead, the Department is preparing to reward DSS Director Miller with a third appointment year as PDAS of DS.  Furthermore, DS is now expanding the practice of appointing officers subject to TIC up or out restrictions into positions formerly held exclusively by active SFS officers with the appointment of the outgoing Overseas Security Advisory Council Office Director into his own position, as an appointee. This was accomplished quietly, with the Department’s concurrence, devoid of any semblance of transparency.

The lack diversity is not limited to the FE-MC/OC and SES level officers who make up DS’s Senior Leadership.  It also extends to the subordinate staffs.  Unlike the Assistant Secretary’s DS Front Office, which to Gregory Starr’s credit has consistent been composed of a highly qualified and richly diverse staff, the PDAS’ DSS FO has been anything but.  To this day, the DSS FO staff with the exception of the Office Manager consists of…all white males.  One DS Senior sets a model for the Bureau to emulate, the other projects a do as I say not as I do standard.

In May, PDAS Miller brought most of the DS leadership from around the globe to the Department for a two-day leadership forum.  On day two he showcased his all-white, all-male team of seniors on the dais for a full day of Q&As. The one area the PDAS and the rest in the dais were unprepared to discuss were the stream of questions on the topic of diversity that were raised throughout the day and which went largely unaddressed.

It is difficult to reconcile Director General Arnold Chacon’s statements about Department values and principles, and ensuring that the Department’s workforce reflect the nation’s richness and diversity, when matched against the reality of the past three years within DS.  Even more difficult considering that all senior-most assignments in DS require the approval of Department Seniors.

In response, the Department should:

  • first and foremost, acknowledge that there is an appalling lack of diversity in the senior-most ranks of DS that should jar the Department’s Leadership into action to identity immediate steps to rectify the issue;
  • either instill a sense of urgency in current DS Leadership on the topic or allow the next set of leaders to rise to the top positions, with a renewed sense of purpose and focus that truly embraces the ideals that the Department publishes;
  • if the current PDAS is to remain in place for another year, an officer from the Office of Civil Rights should be permanently assigned to his Front Office to help guide him on matters of inclusivity and diversity;
  • mandate that DS develop and publicly publish a comprehensive diversity strategy;
  • understand that it shares in the responsibility for the current state within DS;
  • also, understand the likelihood that this letter will evoke a backlash from those who have been criticized and take steps to guard against the potential for retribution.
A series of conscious decisions led to the current state of DS. This is written in part as a call for accountability. It is also written in the hope that it will trigger action and a sense among the increasingly disenfranchised segment of DS that it is ok to voice concern even when aimed at our most senior leadership.
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Whoa! What happened to these Foreign Service Grievance Board (FSGB) files? (Updated)

Posted: 3:26 am ET
Updated: 2:53 pm PT (see below)
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An interesting excerpt from an FSGB case:

Grievant “contends that she should not be held to a higher stand (sic) than senior Department officials and a DCM. In two of those cases, very high-ranking officials were found to have been less than candid with the Deputy Secretary of State about their relationships and not to have followed his instructions to “knock it off.””
[…]
FSGB: “However, we find it difficult to conclude that she should be held to a standard higher than that imposed on two of the Department’s most senior managers (Employees 2005-103 and 2005-104), who were both charged, unlike grievant, with lack of candor; who failed to heed direct instructions from the Deputy Secretary of State; and whose conduct led to several complaints being lodged with the Director General of the Foreign Service, as well as curtailments from the office in which they worked. Likewise, we do not agree that grievant, an FS-02, should be punished more harshly than the employee charged in FSGB Case No. 2003- 045, who was, at least during part of the conduct at issue, a Deputy Chief of Mission and thus presumably senior to grievant in the instant case, in both rank and responsibility.”

That perked our interest. So we went looking for FSGB cases 2005-103, 2005-104 and FSGB Case No.2003- 045 using the search and browse function at fsgb.gov.  And lo, and behold, all these files (Record of Proceeding) are missing from the FSGB website (the FSGB case is online, but search function failed to locate it, see explanation below).  We’ve asked the FSGB what happened to these files and why they are not online. We will update this post if/when we get a response.

The Deputy Secretary of State in 2005 is either Richard Armitage who served from March 26, 2001 to February 22, 2005 or Robert Zoellick who served from February 22, 2005 to July 7, 2006, both under President George W. Bush. The Director General of the Foreign Service at that time is W. Robert Pearson who served from October 7, 2003 – February 27, 2006.

Update 2:53 pm PT

In response to our query, FSGB said that the first two numbers we cited (Employees 2005-103 and 2005-104) are not FSGB numbers but numbers assigned by the State Department to employees who faced some sort of discipline; these discipline cases were later presented to the Foreign Service Grievance Board as comparators.  The FSGB website only includes decisions and orders from the Board. It adds:

“We try to post all our decisions and orders online. Sometimes we learn something was missed due to an administrative error, and then we post it as soon as possible when the problem is brought to our attention. We also are reviewing each year’s cases systematically to ensure there are no gaps. We welcome your bringing to our attention any gaps you identify. Please note, however, that a skipped number does not necessarily mean there is something that we are not posting; it could mean that an appeal was withdrawn very early or consolidated with another appeal and given the other appeal’s number before issuance of a decision.”

As to FSGB Case No. 2003-045, it is online and the Board provided us the link here

 

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Related item:
State-13: Foreign Service Grievance Board Records

 

 

 

EEOC Case: Complaint Regarding Comments on Blog Does Not State a Claim

Posted: 1:52 am ET
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Via eeoc.gov

Complaint Regarding Comments on Blog Does Not State a Claim. The Commission affirmed the Agency’s dismissal of Complainant’s complaint alleging that disparaging comments were posted about him on an internet blog frequented by Agency employees who were members of a professional association. The blog contained a disclaimer that statements “do not reflect any official position” of the Agency, and there was no indication that the blog was sufficiently related to Complainant’s employment. There was also no indication that the blog was sponsored by or affiliated with the Agency or that Agency resources or official time were used to author the article in question. Alfonzo H. v. Dep’t of State, EEOC Appeal No. 0120160450 (April 22, 2016); request for reconsideration denied EEOC Request No. 0520160327 (July 20, 2016).

The blog cited in this case is ‘Dead Men Working’ named in the EEOC Appeal filing.  The following appears as footnotes in the same document:

1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website.

2 According to a Declaration submitted by Complainant, officers of the AFSA learned about the contents of the blog because they receive Google alerts to note anything on the internet that mentions “AFSA,” and this blog post popped up in an alert.

3 Complainant, himself, concedes this is not the first name of the agency employee he believes authored the blog.

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Anonymous Letter Outs Sexual Abuse of Household Staff, Former DCM’s Husband Pleads Guilty

Posted: 3:18 am ET
Update: 5:08 pm ET
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On October 12, the Justice Department announced that Labib Chammasthe husband of the former DCM at the US Embassy in Rabat, Morocco pleaded guilty to abusing a member of the household staff who had worked at the embassy residence for 16 years. He is set for sentencing on January 4, 2017:

Via USDOJ: Husband of Former U.S. Embassy Official in Morocco Pleads Guilty to Sexually Abusing Household Staff Member |  October 12, 2016

The husband of the former Deputy Chief of Mission in Rabat, Morocco, pleaded guilty today to sexually abusing a former household staff member from 2010 to 2013.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Channing D. Phillips of the District of Columbia and Director Bill A. Miller of the U.S. Department of State’s Diplomatic Security Service (DSS) made the announcement.

Labib Chammas, 65, of Reston, Virginia, pleaded guilty to one count of abusive sexual conduct before U.S. District Judge Christopher R. Cooper of the District of Columbia.  Sentencing was set for Jan. 4, 2017.

In pleading guilty, Chammas admitted that between August 2010 and February 2013, while living in State Department-owned housing in Rabat, he sexually abused a woman who had worked at the residence for 16 years.  According to the plea agreement, Chammas supervised the staff at the residence and repeatedly threatened to fire staff members.  Out of fear that she would lose her job, the victim complied with Chammas’s requests that she massage his legs, hip and back, and then with his subsequent demands that she “massage” his genitalia.  On at least five occasions, Chammas took the victim by her head or hair and attempted to force her to perform oral sex.

DSS investigated the case.  Assistant U.S. Attorney Andrea Hertzfeld of the District of Columbia and Special Counsel Stacey Luck and Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case.

The original announcement is available to read here.

Affidavit in Support of Criminal Complaint

According to the May 13, 2016 Affidavit executed by DSS Agent Elizabeth Marmesh, her investigation “determined that between the dates of August 2010, and February 2013, Labib Chammas, a United States citizen, sexually assaulted a female member of his domestic staff within the confines and on the grounds of his U.S. Government-provided embassy residence in Rabat, Morocco. Chammas was married to the Deputy Chief of Mission (“DCM”) of U.S. Embassy Rabat, and resided in U.S. Govemment housing at “Villa Monterey” located at Angle Rue Memissa. No. 79, La Pinede, Rabat, Morocco (“DCM Residence”).”

The Affidavit cites SMTJ for this offense:  Title 18, United States Code, Section 7(9)(B), provides that. with respect to offenses committed by or against a national of the United States, the “Special Maritime and Territorial Jurisdiction of the United States” includes residences in foreign States and the land appurtenant or ancillary thereto, inespective of ownership. used for purposes of United States diplomatic, consular, military, or other United States Govemment missions or entities in foreign States, or used by United States personnel assigned to those missions or entities.

Anonymous letter to OIG outs sexual abuse. We’ve extracted the following main details from the Affidavit. The court document contains much more graphic descriptions of the abuse:

On February 11. 2013, DS/OSI received a referral from the U.S. Department of State’s Office of the lnspector General (OIG). ln the referral, OIG personnel informed OSI that during a routine inspection of the U.S. Embassy in Rabat, the OIG inspection team received an anonymous letter alleging that Labib Chammas, husband of the DCM was sexually assaulting a member of his domestic staff.

On February 11.2013, DS/OSI deployed Special Agents (SAs) to Rabat. DS Agents interviewed Kenneth Hillas, Deputy Team Leader of the OIG inspection team. Hillas stated that he was visiting the U.S. Embassy Rabat. Morocco in order to conduct an OIG inspection of the Embassy. Hillas stated that on Friday, February 8,2012, the OIG staff discovered an envelope addressed to “OIG eyes only” in a pile of letters containing surveys fiom Embassy employees in reference to their inspection. Hillas stated that the envelope contained an anonymous typed letter containing allegations against Labib Chammas of sexual assault. Upon discovering the allegations, Hillas notified the Regional Security office (RSO) at U.S. Embassy Rabat and OSI. Hillas provided RSO with the original letter. Hillas stated that the anonymous letter alleged that Labib Chammas was sexually assaulting one of his domestic staff. Hillas stated that the domestic staff members were not interviewed as part of the OIG’s inspection, as they were not U.S. Government employees.

Interviews and evidence collection

The victim was subsequently interviewed on several occasions by federal law enforcement agents, with the assistance of an interpreter. During the course of subsequent interviews, Victim I elaboraled on the details of the ongoing sexual abuse to which Labib Chammas subjected her to between August 2010 and February 2013.

On February 13. 2013, DS Agents conducted a voluntary interview of Labib Chammas. Labib Chammas stated that he had threatened to call the police on his domestic staff or fire the domestic staff because he believed they were stealing from him. Labib Chammas stated that he had received back and leg massages from two staff members, a male employee, witness 2, and the victim, viclim l, because he would get pain in his hip due to a medical issue. DS Agents asked Labib Chammas if the massages ever involved sexual acts, to which Chammas stated “l don’t recall.” and that it might have happened.

In light of the disclosures of Victim l, on February 19, 2013, DS Agents obtained a search warrant for the DCM’s Residence to obtain possible biological evidence. On February 20,2013. a DS agent and a RSO entered the DCM’s Residence in order to execute the search and seizure warrant.

DS Agents photographed the residence and “TV room” prior to any search. DS Agents conducted an inspection of the “TV room” with an altemative light source (ultraviolet light) and discovered possible biological evidence on two couch cushions, the front couch skirt, and locations on the carpet in front of the couch. DS Agents photographed and seized the two couch cushion covers and swabbed the other surfaces.

The FBI DNA Laboratory, Nuclear DNA Unit, conducted serological and DNA testing on the items seized in the execution of the search warrant. Semen was identifled on the swab from front right skirt of couch from the “TV room.” DNA testing confirmed that Labib Chammas was the source of the DNA obtained from the semen stain on the front right skirt of the couch. Based on a statistical probability calculation in which probability of selecting an unrelated individual at random having a matching profile to the DNA obtained was equal to or less than 1 in 6 trillion individuals.

An Arrest Warrant for Labib Chammas was issued by the U.S. District of the District of Columbia on May 13, 2016. In his State of Offense filed in court on October 12, 2016, we learned a few more details:

When the defendant and his wife moved into the DCM Residence in or about August 2010, three household employees were employed there. The defendant and his wife maintained the employ of each of these household staff members during their tenure at the DCM Residence from August 2010 until February 2013. Each of the employees was a Moroccan national who had worked at the DCM Residence and for the Embassy for well over a decade and throughout the tenure of at least the five prior DCM administrations. The defendant took on responsibility for overseeing the day—to-day work of these employees. According to the employees, the defendant was an abusive head—of—household, frequently yelling at the employees, demeaning them, and telling them that they would be fired for failing to live up to his expectations. The employees lived in constant fear that they would lose their jobs.

Among the household staff overseen by the defendant at the DCM Residence was a female cook (hereafter the “victim”), who had worked at the DCM Residence for 16 years by the time the defendant moved into the DCM Residence. The victim, an unmarried Muslim woman, was 53 years old at the time, had a third grade education, and was the sole source of support for her entire family including her elderly parents and several of her siblings and their children, who all lived together in a single residence in Rabat.

The victim did not disclose the above abuse out of fear of losing her job. The above conduct was reported by anonymous letter and came under investigation as a result.

It looks like the DCM’s tenure in Morocco concluded during this investigation in February 2013 but the affidavit and arrest warrant did not happen until May 2016.

Anybody know why there is such a lengthy gap between the investigation conducted in 2013 and filing the case in 2016?

Also a reminder to folks that we’re still searching for the guidance cables on sexual assault reporting for the FS as they are not on the FAM.

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Burn Bag: Worst bidding season EVER — time to scratch the whole system and start over?

Via Burn Bag:

“Bidding never made much sense but this year seems so much worse it really seems time to scratch the whole system and start over.  After a training cycle, PSP cycle, DCM cycle, and all the back room deals, plus three different websites including FSBid and the SharePoint sites for EUR and everyone else ( what’s up with that?), it’s a wonder anyone who makes it to any assignment is actually qualified for it.  Has there ever been an OIG inspection on bidding?”

computerslam

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@StateDept’s Patrick Kennedy Is Back in the Spotlight, and Now, Election Fodder

Posted: 1:56 pm ET
Updated: Oct 18, 3:47 PT
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Back in August, we wrote about the State Department’s “M” (see The State Department’s Mr. Fix-It of Last Resort Gets the Spotlight).  On October 17, with the released of more FBI interview summaries (not transcripts), Under Secretary for Management Patrick Kennedy is back in the spotlight. Click here to read the lengthy discussion about this during the Daily Press Briefing. Two congressional reps, you can guess who, have called for his removal.  The State Department and Secretary Kerry have expressed their full confidence on U/S Kennedy according to the official spokesperson.  Meanwhile, on the campaign trail in Wisconsin …

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Who will be Secretary of State on Jan. 31, 2017?

Posted: 3:11 pm PT
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PredictIt is a real money site that tests your knowledge of political and financial events by letting you make and trade predictions on the future.  The website says it is an educational purpose project of Victoria University, Wellington of New Zealand, a not-for-profit university, with support provided by Aristotle International, Inc., a U.S. provider of processing and verification services.  It involves real money so the consequences of being wrong can be bad for your pocket.

One of its current contracts is Who will be Secretary of State on Jan. 31, 2017? Right now the prediction market is favoring career diplomat, William Burns as the next SecState with Wendy Sherman and John Kerry following at second and third place. The other names making the list is Senator Bob Corker, Senator Rob Portman, and Ron Paul.

predictit-secstate

click on image to go to predictit

 

The names above are not the only ones going around these days, take a look:

 

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