Sexual Harassment in the Federal Government: Public Comments #FedMeToo

 

This is a follow-up to our posts on the U.S. Commission on Civil Rights’s  examination of sexual harassment in the federal government.  The Commission specifically examined agency-level practices to address sexual harassment at the U.S. Department of State and the National Aeronautics and Space Administration (NASA).
The U.S. Commission on Civil Rights (USCCR) says that the testimony from their May 2019 briefing and public comments “will inform” their 2020 report “to Congress, the President, and the American people regarding the federal government’s response to sexual harassment in the federal workplace.”
USCCR has now made available the public comments sent to the Commission.
Note that S/OCR is one of those offices that report directly to the Secretary of State,
Also, left on its own, we don’t think the State Department would willingly release the victims of harassment, discrimination or assaults from the Non Disclosure Agreements signed.  It is left to the U.S. Congress to mandate such a release, as well as require the Department to make public the cost of these taxpayer funded-settlements each fiscal year.
Individual 2: FSO-01 with 17 years in the Foreign Service and six years of active duty in the U.S. Military

 

Individual 3: Retired FSO (2006-2017) with 16 co-signers

 

Individual 5: FSO for Locally Employed Staff

FSO, assault survivor

Senior Litigator at the Justice Department, stalked by supervisor for over a year
Related posts:
Advertisements

Ex-Pompeo Adviser Ambassador P. Michael McKinley Appears at Impeachment Inquiry

 

Related Posts:

EUR/DAS George Kent Honors Subpoena, Appears For Deposition Over #Ukraine

 

Read: Ambassador Marie Yovanovitch’s Prepared Deposition Statement

 

Excerpt from Ambassador Marie Yovanovitch’s prepared deposition statement:

Before I close, I must share the deep disappointment and dismay I have felt as these events have unfolded. I have served this nation honorably for more than 30 years. I have proudly promoted and served American interests as the representative of the American people and six different presidents over the last three decades. Throughout that time, I—like my colleagues at the State Department—have always believed that we enjoyed a sacred trust with our government.

We make a difference every day on issues that matter to the American people—whether it is war and peace, trade and investment, or simply helping with a lost passport. We repeatedly uproot our lives, and we frequently put ourselves in harm’s way to serve this nation. And we do that willingly, because we believe in America and its special role in the world. We also believe that, in return, our government will have our backs and protect us if we come under attack from foreign interests.

That basic understanding no longer holds true. Today, we see the State Department attacked and hollowed out from within. State Department leadership, with Congress, needs to take action now to defend this great institution, and its thousands of loyal and effective employees. We need to rebuild diplomacy as the first resort to advance America’s interests and the front line of America’s defense. I fear that not doing so will harm our nation’s interest, perhaps irreparably.

That harm will come not just through the inevitable and continuing resignation and loss of many of this nation’s most loyal and talented public servants. It also will come when those diplomats who soldier on and do their best to represent our nation face partners abroad who question whether the ambassador truly speaks for the President and can be counted upon as a reliable partner. The harm will come when private interests circumvent professional diplomats for their own gain, not the public good. The harm will come when bad actors in countries beyond Ukraine see how easy it is to use fiction and innuendo to manipulate our system. In such circumstances, the only interests that will be served are those of our strategic adversaries, like Russia, that spread chaos and attack the institutions and norms that the U.S.helped create and which we have benefited from for the last 75 years.

I am proud of my work in Ukraine. The U.S. Embassy, under my leadership, represented and advanced the policies of the United States government as articulated, first by the Obama Administration and then by the Trump Administration. Our efforts were intended, and evidently succeeded, in thwarting corrupt interests in Ukraine, who fought back by selling baseless conspiracy theories to anyone who would listen. Sadly, someone was listening, and our nation is the worse off for that.

Read in full here:

#

New motto: “Keep moving, people, nothing to see here …”

 

Via NYT:

American diplomats who had pushed for the Trump administration to restore security funding to Ukraine were advised by the White House to play down the release of the money when it was finally approved, documents show.

“Keep moving, people, nothing to see here …” Brad Freden, the State Department’s acting deputy assistant secretary overseeing issues in Europe and Eurasia, wrote in a Sept. 12 email obtained by The New York Times.

He said the National Security Council would not publicly announce that $141 million in State Department assistance was being restored after being held up in what the White House described as a normal review.

Also @StateDept Bureau Junks Professional Ethos Big Time (Who Wanna Tell Mike?)

 

SDNY Alleges That Political Donors Target a Career U.S. Ambassador For Removal With Sludge People Assist

 

It is no longer news when political donors end up with ambassadorships. We just did not know until today that political donors apparently are now also able to affect the removal or the recall of a career ambassador according to the indictment (see p.8) from the Southern District of New York. The SDNY alleged that these political donors sought assistance from “Congressman-1” in causing the U.S. Government to remove or recall the then U.S. Ambassador to Ukraine (that would be Marie Yovanovitch). The effort was conducted in part at the request of Ukrainian officials.
Congressman-1 has not been indicted nor identified in the indictment. SDNY said that investigations are ongoing.
The recall of Ambassador Yovanovich in May 2019 followed a persistent campaign for her removal among conservative media outlets in the United States. The State Department reportedly told RFE/RL  on May 6,  that Ambassador Yovanovitch “is concluding her 3-year diplomatic assignment in Kyiv in 2019 as planned.” And that “her confirmed departure date in May aligns with the presidential transition in Ukraine,” which elected a new president in April.
We now know that none of that is true. What other truth-sounding stuff are they telling us?
Those who are quick to point out that she was appointed United States Ambassador to Ukraine by President Obama, should know that Ambassador Yovanovitch was first appointed United States Ambassador to Kyrgyzstan by President George W. Bush.  She was also appointed United States Ambassador to Armenia by President George W. Bush, but her tenure in Yerevan, as a career diplomat, spanned the Bush Administration and the  Obama Administration (2008-2011). We’ve seen folks insists on calling her an Obama “holdover,” perhaps they’ll think otherwise if they realize that she was a Bush “holdover” before she became an Obama “holdover. Career people do tend to serve from one administration to the next.
We expect that we’ll hear more about this case in the days ahead. What is clear to us right now is if this could happen to Ambassador Yovanovitch who has over three decades of dedicated service, this could happen to anyone in the U.S. diplomatic service.
Also, Ambassador P. Michael McKinley, Senior Advisor to Pompeo, Quits.
Read the full SDNY Indictment of Lev Parnas and Igor Fruman here (PDF).

Related posts:

 

Ambassador P. Michael McKinley, Senior Advisor to Pompeo, Quits

 

Ambassador P. Michael McKinley, Senior Adviser to the Secretary of State has reportedly resigned from his post. Citing “a person familiar with the situation”, WaPo reported  that “McKinley felt that Pompeo had been a positive force compared to his predecessor, Rex Tillerson, in terms of encouraging alternative views within the department, as well as lifting a Tillerson freeze on promotions and prohibitions against spouses working abroad.”  Also that “Like many others, he was disappointed in the secretary’s lack of public support for diplomats who have been named in the Ukraine controversy and called to testify before House committees conducting the impeachment inquiry into the actions of Trump and his personal attorney, Rudolph W. Giuliani.”
Pompeo ‘s statement about McKinley’s departure is reportedly forthcoming. We’re bracing for a revelation about this departure.  We hope Pompeo’s minders have a more creative excuse for this departure … like Ambassador McKinley is leaving because he wants to start a farm in Oregon, or Ambassador McKinley is writing a book, and going on a book tour. Something like that. We’re getting tired of being told that an official would like to spend more time with her/his family. Or that this departure is “as planned” as PA folks like to put it when things are certainly not “as planned.”

Via state.gov

P. Michael McKinley was appointed to the position of Senior Advisor to the Secretary of State in May 2018. He most recently served as the U.S. Ambassador to Brazil from 2017-2018, and as the U.S. Ambassador to Afghanistan from 2014 to 2016. He was also U.S. Deputy Ambassador to Afghanistan from 2013 to 2014. Ambassador McKinley was the U.S. Ambassador to Colombia from 2010-2013 and the U.S. Ambassador to Peru from 2007-2010. He was Deputy Chief of Mission and Charge d’Affaires at the U.S. Mission to the European Union in Brussels between 2004 and 2007. From 2001-2004, he served as Deputy Assistant Secretary in the Department of State’s Bureau of Population, Refugees, and Migration. Between 1994 and 2001, Ambassador McKinley was Deputy Chief of Mission and Charge d’ Affaires at U.S. Embassies in Mozambique, Uganda, and Belgium. Earlier assignments include U.S. Embassy London (1990-94), three tours in Washington (1985-90), and Bolivia (1983-85). Ambassador McKinley joined the Foreign Service in 1982. Ambassador McKinley was born in Venezuela and grew up in Brazil, Mexico, Spain, and the United States. He did his undergraduate and graduate studies in the United Kingdom, and has a doctorate from Oxford University. His history of colonial Venezuela was published by Cambridge University Press as part of its Latin America series, and also appeared in a Spanish edition.

Snapshot: 90-Day Rule For Former Presidential Appointees in the Foreign Service

 

3 FAM 6215  MANDATORY RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES

(CT:PER-594;   03-06-2007)
(State only)
(Applies to Foreign Service Employees)

a. Career members of the Service who have completed Presidential assignments under section 302(b) of the Act, and who have not been reassigned within 90 days after the termination of such assignment, plus any period of authorized leave, shall be retired as provided in section 813 of the Act. For purposes of this section, a reassignment includes the following:
(1) An assignment to an established position for a period of at least six months pursuant to the established assignments process (including an assignment that has been approved in principle by the appropriate assignments panel);
(2) Any assignment pursuant to section 503 of the Foreign Service Act of 1980, as amended;
(3) A detail (reimbursable or nonreimbursable) to another U.S. Government agency or to an international organization;
(4) A transfer to an international organization pursuant to 5 U.S.C. sections 3581 through 3584; or
(5) A pending recommendation to the President that the former appointee be nominated for a subsequent Presidential appointment to a specific position.
b. Except as provided for in paragraph c of this section, a reassignment does not include an assignment to a Department bureau in “overcomplement” status or to a designated “Y” tour position.
c. The Director General may determine that appointees who have medical conditions that require assignment to “medical overcomplement” status are reassigned for purposes of Section 813 of the Foreign Service Act.
d. To the maximum extent possible, former appointees who appear not likely to be reassigned and thus subject to mandatory retirement under section 813 of the Act will be so notified in writing by the Director General not later than 30 days prior to the expiration of the 90-day reassignment period.

#

Diplomatic Security Investigating as Many as 130 Former/Current @StateDept Officials Over Clinton Emails

 

In May 2016, State/OIG released its report on Office of the Secretary: Evaluation of Email Records Management and Cybersecurity Requirements.
WaPo recently reported about the investigation of email records by some 130 current and former State Department during Secretary Clinton’s tenure as Secretary of State includes a quote from an unnamed senior State Department official denying this has anything to do with who sits in the White House.

“This has nothing to do with who is in the White House,” said a senior State Department official, who spoke on the condition of anonymity because they were not authorized to speak publicly about an ongoing probe. “This is about the time it took to go through millions of emails, which is about 3½ years.”

Is this senior SDO anyone we know from Public Affairs?
Secretary Clinton left the State Department in 2013, over six years ago.  And the SDO said that This has nothing to do with who is in the White House?” 
Did the SDO say it with a straight face?
A side note, folks reading statements out of the State Department should be aware that the agency has ground rules for interviewing its officials. The ground rules are not new, but given the track record of this administration, it is worth taking a pause when they volunteer information.
SDO adds that “This is about the time it took to go through millions of emails, which is about 3½ years.” And yet, the letter received by a former State Department employee was apparently received this past August, and begins with “Recently, the Department of State’s Bureau of Diplomatic Security conducted a classification review of emails … (see letter below). What does “recently” actually means? What’s the timeline for this troubling project by Diplomatic Security? During Secretary Kerry’s tenure? At the beginning of Secretary Tillerson’s tenure? At the start of Mike Pompeo’s tenure? 
The WaPo report also includes an item about Ambassador Jeffrey Feltman who served as US Assistant Secretary of State for Near Eastern Affairs from August 2009 to June 2012, and went on to become Under-Secretary-General for Political Affairs at the United Nations (2012-2018):

“I’d like to think that this is just routine, but something strange is going on,” said Jeffrey Feltman, a former assistant secretary for Near East Affairs. In early 2018 Feltman received a letter informing him that a half dozen of his messages included classified information. Then a few weeks ago he was found culpable for more than 50 emails that contained classified information.

“A couple of the emails cited by State as problems were sent after my May 2012 retirement, when I was already working for the United Nations,” he said.

Below is a link to a letter sent out by Diplomatic Security and posted on CNN’s website. CNN notes that “A former US official who left the State Department in 2012 received a letter in August informing him that dozens of his emails that had been sent to then-Secretary of State Hillary Clinton were now being recategorized as classified.”
They’re doing retroactive classification and penalizing people for it.
They’re also asserting that a then UN official was  covered by US security classification?  Is this what a diplomatic squeegee looks like?
The letter published by CNN came from a little known office called “Program Applications Division” (APD) under Diplomatic Security’s Office of Information Security Programs. 
An earlier update of May 19, 2017 of 12 FAM 221.4 DS Personnel Authorized to Conduct Investigations notes:

Special agents of the Diplomatic Security Service, credentialed security specialists assigned to the Programs Application Division (DS/IS/APD), and credentialed special investigators assigned to the Office of Personnel Security and Suitability (DS/SI/PSS) conduct investigations as authorized by statute or other authority. DS authorizes special agents in the field offices and RSOs abroad to open investigations and provides direction and guidance for conducting those investigations.”

Per 1 FAM 262.7-1(A), updated in September 2018, DS/IS/APD administers the Department’s information protection program. It also notes that it:

Administers the Department’s Security Incident Program and coordinates cases subject to disciplinary actions with the Bureau of Human Resources, Office of Employee Relations (HR/ER), the DS Office of Personnel Security and Suitability (DS/SI/PSS) and the Bureau of Intelligence and Research (INR) regarding security clearance and special access concerns.”

A December 17, 2018 update of 12 FAM 558 marked Criminal Laws  say that Incidents involving intentional or grossly negligent release or mishandling of classified information may result in criminal penalties.  An illustrative list of criminal statutes establishing penalties of fine and imprisonment for the release of classified information is in 12 FAM Exhibit 558.”  

 

U.S. Diplomatic Spouse Suspect in Fatal Traffic Collision Departs UK Under Diplomatic Immunity

 

Media reports that an American diplomat’s wife suspected of involvement in a fatal crash that killed 19-year old Harry Dunn in Croughton, in central England has left the UK under diplomatic immunity.
An ITV report says that the American family had a home at RAF Croughton, a U.S.  communications base in Brackley.  Sky News says it has  been told there has been a special arrangement in place as early as 1994 between the UK and US for this particular base in Northamptonshire.
We have not been able to find a record of the diplomat-husband in congress.gov (FSOs require senate confirmations).  According to BBC, the US State Department said on Saturday that the incident involved “a vehicle driven by the spouse of a US diplomat assigned to the United Kingdom” but has not released the name of the individual involved in the incident.
BBC News writes that “Nick Adderley, of Northamptonshire Police, has urged the embassy to waive her diplomatic immunity.” Also that “the US State Department said diplomatic immunity was “rarely waived” but Foreign Secretary Dominic Raab urged the US Embassy to reconsider” and the following:

The US State Department has said it is in “close consultation” with British officials and has offered its “deepest sympathies” to the family of Mr Dunn.

“Any questions regarding a waiver of immunity with regard to our diplomats and their family members overseas in a case like this receive intense attention at senior levels and are considered carefully given the global impact such decisions carry; immunity is rarely waived,” it added.

Publicly available report on US Mission in the United Kingdom notes that Embassy London’s information resource management office operates an extensive program that provides information management and information security, and supports Consulates General Belfast and Edinburgh and a U.S. facility at the Royal Air Force Base Croughton.  Employees at the Regional Information Technical Center, Royal Air Force Base Croughton is under the general direction of the management counselor of the US Embassy in London.
Outrage is building on social media about this incident. While there are official statements circulated in media reports, both US Embassy London and Ambassador Johnson @USAmbUK do not appear to have made any public statement about this fatal crash on their website or social media accounts. Ambassador Johnson’s last two tweets have been taken over with the public’s response to this death, and the hashtag #JusticeForHarry is quietly growing.