USG-Funded Radio Televisión Martí Targets American Philanthropist George Soros

 

On October 26, Mother Jones reported that Radio Televisión Martí went after George Soros in a two-part piece that aired in May 2018. The hit piece called the philanthropist a “multimillionaire Jew” and “the architect of the financial collapse of 2008.” The Office of Cuba Broadcasting (OCB) oversees Radio and Television Martí at its headquarters in Miami.  The U.S. Agency for Global Media (formerly BBG), a U.S. taxpayer-funded entity oversees OCB.  The videos have been taken down but are still available on YouTube here and here.  The State Department’s Under Secretary for Public Diplomacy and Public Affairs serves as the Secretary of State’s representative on the Board.  Heather Nauert became Acting Under Secretary on March 13, 2018 until October 10. 2018. As of this writing, we have not seen anything out of the State Department regarding these segments targeting a private American citizen.

On October 29, CEO John Lansing who joined BBG in 2015 released a statement that says in part the following:

“It was brought to my attention this weekend that the Office of Cuba Broadcasting (OCB), which is overseen by the U.S. Agency for Global Media (USAGM), earlier this year aired a video segment about George Soros that is inconsistent with our professional standards and ethics. USAGM networks’ content is required to adhere to the highest standards of professional journalism.

Those deemed responsible for this production will be immediately placed on administrative leave pending an investigation into their apparent misconduct. Disciplinary action appropriate under federal law may then be proposed, including the potential removal of those responsible, depending on the outcome of that investigation.

Via MJ:

Tomás P. Regalado, the director of the Office of Cuba Broadcasting, told Mother Jones in an email, “Judicial Watch is a good source, but having said that, it should not have been the only source. The two part series was not precise and did not have on the record sources to balance the story.” Regalado noted that he became OCB director on June 6, several weeks after the segment aired, and three days later he appointed a new news director and assignment editor.

“To be fair and to show that we in the new administration are committed to journalistic integrity, the stories have been pulled out of the digital page, not because we want to hide anything, but because we want to be transparent if we say that the story did not have the required balance, then it should not be on the air,” he said.

Holy guacamole! Senator Flake tweeted “TV Marti director says its program on George Soros lacked “balance.” Sorry, there is no balance that makes anti-Semitism right. BBG must investigate how such programming was produced and and why it aired.”

OCB has an annual budget of $28.1 million, it has 117 employees, and an audience estimated at 1 million.

AND NOW THIS —

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Ex-State/FSI Employee Gets 26 Years in Prison for Child Pornography Production

Last July, we blogged briefly about State/FSI’s digital media administrator who pleaded guilty of child pornography production. On Friday, USDOJ announced that  Skydance MacMahon, 45, was sentenced to 26 years in prison for production of child pornography. Excerpt below:

Former State Department Employee Sentenced for Producing Child Pornography

An Alexandria man was sentenced today to 26 years in prison for production of child pornography.

According to court documents, over at least a two year period, Skydance MacMahon, 45, conspired with an adult in Canada to produce over a thousand sexually explicit images and videos of minor children in Canada. These images and videos were produced at the direction of MacMahon using Skype and hidden cameras as well as overt recording. MacMahon distributed these image and video files to other users and consumers of child pornography by providing access to the files on his cloud storage services and also by directly sending the files to other users.  In addition to the child pornography images and videos MacMahon himself created, he also received and possessed thousands of images and videos of child pornography.

During the time he committed these offenses, MacMahon was a Digital Media Administrator at the Foreign Services Institute of the U.S. Department of State in Arlington.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

This is a case that originated in Ohio when local police interviewed of an individual who admitted to sexually assaulting a five year old minor victim and producing pornographic images. That individual’s phone led to Dropbox links, which then led to a State Department IP address. The Affidavit executed in support of this criminal case notes that MacMahon, a GS-14 employee also used his USG-issued Iphone7 in the conduct of this crime. Excerpt below from the FBI agent’s affidavit:

9. The reponse from Dropbox included, in part, information pertaining to the kvlesil007@protonmail.com User ID: 663651981. This paid account was created on April 15, 2017. A usemame of “Kyle Silvyr” was provided by the registrant. A recurring payment of 99.99 was established using a Mastercard Debit card (521992XXXXXX0894). Multiple IP addresses used for authentification were also provided (IP address 2601:140:8000:61af:2d75:7fef:f243:6dfd on 08/09/2017 at 13:18:19 GMT; IP address 12.28.184.116 on 09/14/2017 at 18:24:55 GMT).

10. An open source search identified IP address 12.28.184.116 as being associated with the US Department of State , 4020 Arlington Blvd, Arlington VA.

13. Database queries identified J.M. as an individual associated with the Menokin Drive, Alexandria, VA address. An open source search located a social networking profile associated with J.M. that contains publicly viewable images of the account holder who visually matches the likeness of J.M.’s Virginia driver’s license photograph. Additional publicly viewable photographs on J.M.’s Facebook profile include those of a Caucasian male identified as “SKYDANCE MACMAHON”. SKYDANCE MACMAHON visually matches the individual appearing in the two (2) non-pornographic images in the material in the kvlesil007@protonmail.com User ID 663651981 Dropbox.com account.

15. An open source search identified a Linkedln.com profile for SKYDANCE MACMAHON who self-identified as a Digital Media Administrator at the Foreign Services Institute (which is associated with the Department of State) in Arlington, VA, and a 1995 graduate of James Madison University. Database queries fully identified SKYDANCE MACMAHON. SKYDANCE MACMAHON’s Virginia driver’s license photograph visually matches the likeness of the male depicted in the images contained in the kvlesil007@Drotonmail.com User ID 663651981 Dropbox.com account and the SKYDANCE MACMAHON Facebook account.

16. On March 16,2018, an administrative subpoena to Kik for usemame kylesilOOT yielded a confirmed email address associated with the account as kvlesil007@protonmail.com. Review of the IP logs provided by Kik yielded a mixture of the IP address (12.28.184.116) resolving to the Department of State facility, Verizon Wireless IP addresses, and a Comcast Communications IP address (73.87.155.249) which resolves to the same address in the 2400 block of Menokin Drive, Alexandria VA 22302, as recently as of March 15, 2018. The Menokin address is the address of J.M., who investigation has revealed is an associate and girlfnend of SKYDANCE MACMAHON.

19. On March 15, 2018, Department of State, Office of Inspector General (OIG) was contacted regarding the employment of SKYDANCE MACMAHON. OIG confirmed SKYDANCE MACMAHON was currently employed as a Federal Grade 14 employee at the US State Department, as a Digital Media Administrator at the Foreign Services Institute in Arlington, VA.

22. SKYDANCE MACMAHON advised that minutes prior to the investigators arriving at his work, he received a telephone call from his wife telling him the FBI/police were at their daughter’s school and they asked that she come over the to the school to talk. Upon hanging up the phone with his wife, SKYDANCE MACMAHON deleted items off of his Iphone 7 cellular telephone, such as the applications “kik”, “Wire”, “Dropbox”, “Box” and inappropriate photographs that consisted of child pornography. SKYDANCE MACMAHON’s Iphone 7 was his Department of State issued cellular telephone that he used to communicate with K.C., and other individuals using apps such as Kik and Dropbox.

The case is USA v. Macmahon; Case Number: 1:18-mj-00218-IDD. Warning, abhorrent and horrifying details.

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Senate Passes 98-0 Resolution Against Making Available Current/Ex-Diplomats For Russia Questioning

 

A follow-up to Trump-Putin Summit Fallout: POTUS Entertains Proposal For Russia to Question Ex-US Amb Mike McFaul. The Senate has just passed a 98-0 resolution against making available for Russian questioning  current or former diplomats as well as other officials of the United States Government. The White House has now released a statement about Putin’s proposal that the President of the United States purportedly disagreed with but had previously called “an incredible offer.”

See July 19 update below via VOA with Secretary Pompeo saying “It’s not going to happen,” then added that “”President Trump was very clear – we’re not gonna force Americans to go to Russia to be interrogated by the Russians.”  

The notion that this proposal was made in “sincerity” by President Putin, and that President Trump disagreed with it is actually laughable. Were that true, the Press Secretary could have said immediately that the president pushed back hard against that proposal. This White House must really think we’re all dumb as rocks.

This was a no brainer. Ambassador McFaul, and the other officials that Russia wanted to question may not have been employees of this president, but they were employees and representatives of the United States of America, not of the Democratic Party (despite what this president might think or believe). The fact that this was even offered as a proposal tells us just what Putin think of this President. And the fact this President Trump did not push back and even appeared to consider it is horrifying.

So instead, the Press Secretary announced from the podium that the president “would work with his team” — excuse me, to do what exactly? And now the Press Secretary is saying that while President Trump disagreed with Putin’s proposal, “hopefully President Putin will have the 12 identified Russians come to the United States to prove their innocence or guilt.”  That proposal was supposedly in exchange for the questioning of USG individuals. And now all they have left is “hoping” that Putin will go ahead with the proposal anyway?

Holy caramba! No wonder Putin is laughing his head off; he’s playing chess against our White House playing find the shortest toothpick.

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UPDATE:

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Trump-Putin Summit Fallout: POTUS Entertains Proposal For Russia to Question Ex-US Amb Mike McFaul

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Ex-FSO William Syring Charged With Hate Crime and Threats to Arab American Institute Employees

Posted: 4:09 am ET

 

On February 21, USDOJ indicted former FSO William Patrick Syring for hate crime and threatening employees of the Arab American Institute. Below is the DOJ statement:

The Justice Department today charged William Patrick Syring, 60, from Arlington, Virginia, to four counts of threatening employees of the Arab American Institute (AAI) because of their race and national origin, three counts of threatening AAI employees because of their efforts to encourage Arab Americans to participate in political and civic life in the United States, and seven counts of transmitting threats to AAI employees in interstate commerce. A summons was issued for Syring to appear in federal court in Washington, D.C. AAI is a Washington D.C. based private non-profit organization whose purpose is to encourage the direct participation of Arab Americans in political and civic life in the United States.

Each charge of threatening AAI employees because of their race and national origin and because of their advocacy on behalf of AAI provides for a sentence of no greater than one year in prison, one year of supervised release, and a fine of up to $100,000. Each charge of transmitting a threat in interstate commerce provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000.

According to court documents, Syring previously pleaded guilty to threatening AAI employees through e-mails and voicemails sent in 2006. Syring was sentenced on July 11, 2008 to 12 months of imprisonment followed by three years of post-release supervision, 100 hours of community service, and was ordered to pay a $10,000 fine.

Following termination of his supervised release, Syring resumed communications with AAI employees, sending AAI employees over 350 e-mails from March 2012 to January 2018. Several of the e-mails Syring sent to AAI employees during this time period contained true threats using language similar to that which formed the basis of his prior conviction.

This case was investigated by the Federal Bureau of Investigation and is being prosecuted by Civil Rights Division Senior Legal Counsel Mark Blumberg and Trial Attorney Nick Reddick.

An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless and until proven guilty.

As noted in the current indictment, Syring was previously charged in 2006 for similar threats in four emails and three voicemails. The current indictment alleged he sent 350 e-mails from March 2012 to January 2018.

He retired from the State Department in July 2007 and he pleaded guilty in that previous case in June 2008. See an excerpt from the 2008 DOJ statement:

W. Patrick Syring, a former foreign service officer with the U.S. Department of State, pleaded guilty today in federal court in Washington, D.C., to federal civil rights charges for threatening employees of the Arab American Institute (AAI) because of their race and national origin. Syring is scheduled to be sentenced on June 30, 2008.

During his guilty plea hearing, Syring admitted that he sent a series of threatening email and voicemail communications to six employees of AAI in July 2006, that he intended to interfere with his victims’ employment, and that he sought to intimidate the victims because of their race as Arab- Americans and their national origin as Lebanese-Americans. AAI is a nonprofit organization based in Washington, D.C., that promotes Arab-American participation in the U.S. electoral system. In addition to pleading guilty to violating a federal civil rights statute that prohibits race- or national origin-based interference with employment, Syring pleaded guilty to a felony count of sending threatening communications in interstate commerce. Syring faces a maximum sentence of six years imprisonment.

According to the indictment, Syring sent four emails and three voicemails to AAI employees from approximately July 17 to 29, 2006. An additional email condemned AAI for a fatal shooting at the Jewish Federation of Greater Seattle in July 2006 that was committed by a lone gunman who had no affiliation with AAI.

A career foreign service officer and a resident of Arlington, Va., Syring retired from the US Department of State in July 2007.

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@StateDept to Hold “Harassment in the Workplace” Session But First, Read This FSI Sexual Harassment Case

Posted: 3:40 am ET

 

For those attending the event, here are a few items to read though this is not an exhaustive list. Help us ask these presenters questions that State/PA and State/DS have long ignored:

While we are on the subject, let us revisit a classic case of sexual harassment, where the State Department, specifically one of the presenting offices in the January 11 session had determined that “the alleged acts of sexual harassment did not occur” only to be reversed by the EEOC.

On January 4, 2012, Complainant filed Complaint 24 alleging that the Agency discriminated against her based on her national origin (Arabic/Iraqi), sex (female), religion (Christian), color, and in reprisal for prior protected EEO activity under Title VII when:

3. Her teaching contract was not renewed after August 5, 2011;

4. She was subjected to a hostile work environment characterized by, but not limited to, name calling and sharing an office.  She specifically asserted that since her conversion to Christianity, she was taunted by her Iraqi colleagues, who called her a “peasant,” a “prostitute,” a “bitch,’ and a “daughter of a dog.” She asserted further that she had been told that she had “sold her religion” and had a shoe thrown at her.  Complainant further asserted that she had been the victim of an unsolicited sexual overture by a colleague; and

5. On September 23, 2011, she was not selected for a full time teaching position.

The Agency completed its initial investigation on Complaint 1 in November 2012.  It did not complete an investigation on Complaint 2.  On Complaint 2, according to the Agency, Complainant did not submit an affidavit for the investigation.  Around that time – on March 14, 2013 – Complainant signed forms withdrawing Complaints 1 and 2.5  The Agency ceased processing Complaint 2, but went ahead and issued a FAD on Complaint 1 on May 13, 2013.

In its FAD, the Agency found no discrimination on Complaint 1.  Complainant filed an appeal.  On appeal, the Agency did not note that Complainant previously withdrew her complaint.

In EEOC Appeal No. 0120132236 (May 16, 2014), we recounted that Complainant was provided the right to request a hearing before an Equal Employment Opportunity Commission Administrative Judge, but there was no evidence she did so.  We reversed the FAD on the ground that the investigation was inadequate.  Unaware that that Complainant withdrew Complaints 1 and 2, we ordered the Agency to do a supplemental investigation and to consolidate Complaint 2 with Complaint 1 if the Agency was still processing Complaint 2 and had not yet issued a final decision thereon.

In its request for reconsider EEOC Appeal No. 0120132236, the Agency argued that it issued its FAD on Complaint 1 in error, and that Complainant previously withdrew Complaints 1 and 2.  It submitted a copy of its letter to the EEOC compliance officer about the withdrawal of Complaint 1, and Complainant’s signed withdrawals.  We denied the request on the ground that it was untimely filed, and repeated our order in EEOC Appeal No. 0120132236.

Following a supplemental investigation on Complaint 1, the Agency issued a new FAD finding no discrimination therein.  The Agency found that Complainant was not denied the opportunity to attend training and to proctor tests, and the alleged acts of sexual harassment did not occur.  The Agency recounted that it ceased processing Complaint 2 after she withdrew it.6

The EEOC’s decision says that the “Complainant was not subjected to discrimination regarding issue 2” but it determined that “Complainant was subjected to discrimination based on her sex regarding issue 1 – sexual harassment.”

This case which was filed in 2010 was decided by the EEOC on July 7, 2016. Six years. The State Department was ordered to take the following remedial actions within 150 days after the decision became final, and was directed to submit a report of compliance, as provided in the statement entitled “Implementation of the Commission’s Decision.”  The report shall include supporting documentation of the agency’s calculation of back pay and other benefits due complainant, including evidence that the corrective action has been implemented.”

1. The Agency is directed to conduct training at FSI, School of Language Studies for all management and staff in the Arabic Section.  The training shall focus on how to identify and prevent sexual harassment connected with employment.14

2.  If S2 is still employed with the Agency, it shall consider taking disciplinary action against him.  The Agency shall report its decision.  If the Agency decides to take disciplinary action, it shall identify the action taken.  If the Agency decides not to take disciplinary action, it shall set forth the reason(s) for its decision not to impose discipline.

3.  The Agency shall gather evidence on compensatory damages, including providing Complainant an opportunity to submit evidence of her pecuniary and non-pecuniary damages regarding being sexually harassed.  For guidance on what evidence is necessary to prove pecuniary and non-pecuniary damages, the parties are directed to EEOC Enforcement Guidance: Compensatory and Punitive Damages Available Under § 102 of the Civil Rights Act of 1991 (July 14, 1992) (available at eeoc.gov.)  Thereafter, the Agency shall calculate damages, pay Complainant any damages awarded, and issue a new FAD on damages appealable to the Commission.

The State Department was also directed to post the EEOC order:

The Agency is ordered to post at its Foreign Service Institute, School of Language Studies copies of the attached notice.  Copies of the notice, after being signed by the Agency’s duly authorized representative, shall be posted both in hard copy and electronic format by the Agency within 30 calendar days of the date this decision becomes final, and shall remain posted for 60 consecutive days, in conspicuous places, including all places where notices to employees are customarily posted.  The Agency shall take reasonable steps to ensure that said notices are not altered, defaced, or covered by any other material.  The original signed notice is to be submitted to the Compliance Officer at the address cited in the paragraph entitled “Implementation of the Commission’s Decision,” within 10 calendar days of the expiration of the posting period.

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Ex-FSO Michael Sestak Released From Prison on January 4, 2018

Posted: 2:33  am ET

 

In August 2015, former U.S. Foreign Service Officer, Michael T. Sestak, 44, was sentenced to 64 months in prison on federal charges in a scheme where he accepted more than $3 million in bribes to process visas for non-immigrants seeking entry to the United States. The Federal Bureau of Prisons locator indicates that he was scheduled to be released from prison on January 4, 2018. The 2015 USDOJ announcement notes that following his prison term, Sestak will be placed on three years of supervised release.

See this piece on the Sestak case. See below our posts on this case with some unanswered questions.

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House GOP to Use Holman Rule to Target Staff/Funds of the Congressional Budget Office #Bonkers

Posted: 2:06 pm ET
[twitter-follow screen_name=’Diplopundit’]

 

In early January, we blogged about the Holman Rule, which was removed from the standing rules in 1983 but reinstated by House Republicans early this year (see House GOP Brings Back Holman Rule to “Retrench” Agency Spending, Cut Pay of Any Federal Employee. According to the Hill, the House Freedom Caucus Chairman Mark Meadows (R-N.C.) is trying to eliminate 89 positions from the nonpartisan Congressional Budget Office’s staff and require the office to aggregate think tank data instead of using its own professional expertise. The Hill says that Meadows would use the Holman Rule. “In an amendment to be offered to the security-related spending bill scheduled for a House vote this week, Meadows would cut $15 million of funding to CBO staff members responsible for estimating the budgetary costs of bills in Congress…”

This is bonkers.  They don’t like the Congressional Budget Office’s scores, so they’ll eliminate 89 positions and slash the agency’s funding. If they succeed in doing this, they could replicate this at any agency. It will hasten the death of expertise in federal agencies and we will be left with whatever desirable facts and fancy reports will be rolled out by the administration of the day based on aggregated reports from preferred think tanks.

The “Holman Rule” in the rules package passed the House of Representatives by a vote of 234 to 193. WaPo previously reported in January that a majority of the House and the Senate would still have to approve any amendment to an appropriations bill that targets a specific government employee or program, but that its passage put agencies and the public on notice that their work is now vulnerable to the whims of elected officials.

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G20 Trump Keywords: Disharmony, Decline, Isolation, Plus Vlad’s CyberSecurity Ha! Ha!

Posted: 3:09 am ET
[twitter-follow screen_name=’Diplopundit’]

 

AND NOW THIs …

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So who told Congress the real story about the deadly force incidents in Honduras in 2012? #OperationAnvil

Posted: 4:32 am ET
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The joint report by State/OIG and DOJ/OIG concerns three deadly force incidents in Honduras that occurred in 2012.   Four people were killed (including two pregnant women) and four others were injured after a helicopter with DEA personnel confused cargo in a passenger boat for bales of drugs and opened fire.  No evidence of narcotics was ever found on the passenger boat. In a second incident, a suspect was killed in a firefight that did not actually happen, and in a third incident that involved a plane crash, a Honduran police officer planted a gun in evidence and reported it as a weapon found at the scene.

The 424-page report provides in great detail what happened during the three incidents and the response/actions made by DEA, State/INL, State/WHA, the US Embassy in Honduras, and the stories officials gave to the Congress and the public about the incidents.

The report says that “DEA officials also did not disclose the existence or results of the video enhancement and analysis by the DS video analyst who found no evidence indicative of gunfire from the passenger boat. Moreover, DEA continued to inaccurately and incompletely characterize its role in Operation Anvil as being supportive and advisory only.”

State Department briefers also “never informed Congress of the DS investigations, despite numerous questions from the Senate Appropriations staff regarding whether State planned to investigate the shooting incidents.”

State Department officials never informed Congress of the DS investigation, including the video analysis, which could have contradicted prior DEA assertions.

The US Embassy in Honduras had received a report from the TRT officer dated July 3, 2012 which stated that the pilot “died instantly.” But after the July 3 shooting, WHA and INL officials developed press guidance that did acknowledge that DEA agents “were involved with the shooting,” but stated that “both suspects were given first aid and transported via helicopter to a secure location.” This guidance was repeated verbatim by State’s spokesperson during the daily press briefing on July 9, 2012.

Chief of Mission Authority Undermined

It is notable that then U.S. Ambassador to Honduras Lisa Kubiske authorized State’s Diplomatic Security (DS) to investigate the three incidents “after she became frustrated by her inability to obtain information from DEA.” The report says that DEA refused to share information with DS or provide access to relevant personnel.  DEA operates at the US Embassy in Honduras under Chief of Mission authority and it refused to provide the ambassador the information she required.

The situation was “exacerbated by senior INL officials who told DS that DS had no authority to investigate the incidents and refused to provide the helicopter crews for DS to interview.”

That’s the Bureau of International Narcotics and Law Enforcement Affairs.

A subheading in the report says:

INL Failed to Comply with Chief of Mission Authority and Undermined the Ambassador’s Exercise of Her Authority

The report states that within a day of the Ambassador authorizing DS to investigate the June and July shooting incidents this happened:

INL Principal Deputy Assistant Secretary Carol Perez began to raise objections to DS involvement. She communicated these objections to both DS and DEA officials, and although she told the OIGs that she did not intend to obstruct the investigation of the shooting incidents, INL’s support bolstered DEA’s unwillingness to cooperate.

There’s more:

AS Brownfield also raised internal and external objections to DS involvement. Immediately following the Ambassador’s request for DS involvement, he e-mailed Deputy Administrator Harrigan and offered to push the investigation “back into the box.” Likewise, in the September 2012 meeting between DS, INL, and WHA, AS Brownfield minimized the failure of DEA to cooperate and ascribed partial blame to DS.

State/OIG notes the following:

DEA’s refusal to follow the Ambassador’s written request for information, supported by INL, not only violated their duties under the Foreign Service Act, but prevented a complete and comprehensive understanding of the three incidents.

Excerpt via State/OIG and DOJ/OIG:

Operation Anvil began in April 2012 as a 90-day pilot program designed to disrupt drug transportation flights from South America to Honduras. Members of DEA’s Foreign-deployed Advisory and Support Team (FAST) and officers from a vetted unit of Honduran National Police known as the Tactical Response Team (TRT) comprised the ground team on the interdiction missions. The stated role of the FAST team members was to train and advise the TRT officers and assist them on these missions. State Department-owned helicopters provided transport and armed air support on the missions. The Honduran Air Force provided door gunners and, on certain missions, U.S. Customs and Border Protection (CBP) aircraft provided detection and surveillance capabilities. In addition, State’s Bureau of International Narcotics and Law Enforcement Affairs (INL) provided operational support from the command center in Honduras.

May 11 incident:

DEA conducted internal shooting reviews regarding all three incidents. DEA initially decided not to review the May 11 incident because early reporting was that no DEA agent fired a weapon and because the Hondurans who fired were foreign law enforcement officers (LEOs). DEA changed its mind after a local Honduran police report asserted four people were killed (including two pregnant women) and four others were injured after a helicopter with DEA personnel confused cargo in a passenger boat for bales of drugs and opened fire…..No evidence of narcotics was ever found on the passenger boat.

June 23 incident:

Following this interdiction, DEA officials reported that during a search for suspected drug traffickers, FAST and TRT officers encountered an armed suspect who failed to drop his weapon after being ordered to comply and was shot and killed by a FAST agent. Similarly, State officials reported that a FAST agent shot and killed an armed suspect after the suspect attempted to draw a gun. However, the TRT report did not mention FAST’s use of deadly force and instead stated that multiple suspects fired at the TRT, and the TRT returned fire for a few minutes. According to FAST, this reported firefight did not happen.

July 3 incident:

TRT submitted two reports describing the July 3 events. The first made no mention of FAST’s use of deadly force and stated that the second pilot died from injuries sustained as a result of the plane crash. The second stated this pilot had aimed and fired a handgun at the officers, and the officers responded with deadly force. Both reports made reference to a 9mm handgun found at the scene, but FAST personnel told the OIGs they never saw a handgun at the scene. DEA officials told us they were advised that following the incident, a Honduran police officer planted a gun in evidence and reported it as a weapon found at the scene.

U.S. Ambassador to Honduras Lisa Kubiske authorized State’s Diplomatic Security (DS) to investigate the three incidents after she became frustrated by her inability to obtain information from DEA and concerned the Honduran investigation would not satisfy those interested in the May 11 incident. DEA refused to share information with DS or provide access to relevant personnel. DS continued its own investigations, and issued reports on all three incidents stating it was unable to make definitive or conclusive findings because of DEA’s refusal to provide access to evidence and what it described as shortcomings in the Honduran investigations.

  • Embassy officials told the OIGs that in the days after May 11, the U.S. Embassy tried to address questions raised about the possibility that innocent Hondurans had been killed in the operation. However, DEA Headquarters instructed DEA personnel not to provide information about the May 11 incident, and later the June 23 and July 3 incidents, to those outside DEA while DEA’s own internal reviews were in progress. Frustrated by her inability to obtain information from DEA, and by conflicting findings of the various Honduran investigations, Ambassador Kubiske approved DS investigations into all three shooting incidents. However, DEA refused to participate in joint investigations with DS, to make FAST members available to DS for interviews, or to share with DS the evidence DEA collected as part of its own investigations. Within State, INL was not supportive of the DS investigations and suggested as an alternative that DEA share its final report with State. DEA eventually agreed to provide a summary of its findings to the Ambassador and DS upon completion of its investigations.
  • DS nevertheless continued with its own investigations and issued reports on all three incidents. DS’s investigation of the May 11 incident included a review of the video footage by a DS video analyst who found no contrasts of light, which would be indicative of gunfire, originating from the passenger boat. However, DS was unable to make any “definitive findings” regarding the shooting because of DEA’s refusal to provide access to evidence. In addition, because INL did not allow DS access to evidence regarding the INL helicopters, the DS report did not address actions taken on the helicopters, such as whether there was an instruction to fire. DS also reached “inconclusive” findings on the June 23 and July 3 incidents, citing the lack of access to DEA evidence and shortcomings in the Honduran investigations.
  • The DOJ OIG concluded that DEA’s withholding of information from the U.S. Ambassador was inappropriate and unjustified. DEA’s presence in Honduras was at the pleasure and discretion of the Ambassador, and requesting and receiving information about the results of law enforcement operations involving American personnel, which the Ambassador herself personally authorized, was clearly within her supervisory responsibilities and authority as Chief of Mission.
  • DOJ OIG found that DEA’s obligations to DS were less clearly defined, and that this likely contributed to the dispute between DEA and DS over investigative jurisdiction. Although DEA told us that they resolved this dispute through an “agreement” with DS, this agreement appears to have been more of a unilateral expression of the limited terms to which DEA would agree, namely that DEA would provide a presentation and short, summary report to the Ambassador and the Embassy’s Regional Security Officer at the conclusion of the DEA internal review.
  • DOJ OIG also found that even though State officials pressured Honduras to conduct an investigation into the May 11 incident, DEA – with State’s concurrence – did not grant Honduran requests for information other than allowing them to watch the video, and specifically refused to provide DEA’s investigative report and the opportunity to question DEA personnel involved in the operation. DEA officials provided us with several reasons why DEA refused GOH access to DEA personnel, including the desire to insulate U.S. personnel from host nation jurisdiction and that multiple witness statements could harm U.S. judicial proceedings against Anvil drug traffickers. Even assuming the validity of these reasons, it was inconsistent for DEA and State to assert to congressional staff that GOH should investigate the May 11 incident but not give Honduran authorities the information necessary to conduct a thorough investigation.
  • DOJ OIG found that the lack of cooperation between DEA, State, and GOH during their respective investigations was closely related to the deficiencies in pre- operation planning for what would happen in the event of a critical incident. And even under DEA’s construct that each entity would investigate its own personnel, there was no mechanism for ensuring access to relevant information across the entities or for resolving or even identifying conflicting evidentiary or investigative gaps created by such a division of responsibility. The result was that no one did a comprehensive and thorough review of the May 11 incident.
  • It also was concerning that, in some instances, DEA officials described information favorable to DEA’s positions while omitting unfavorable information, such as video evidence of TRT officers shooting at people who had fallen or jumped into the water, the inconsistent TRT reporting and TRT gun-planting incident, and the results of a preliminary report from the Honduran National Police (described in Chapter Six) that made findings critical of law enforcement actions on May 11. DEA officials also did not disclose the existence or results of the video enhancement and analysis by the DS video analyst who found no evidence indicative of gunfire from the passenger boat. Moreover, DEA continued to inaccurately and incompletely characterize its role in Operation Anvil as being supportive and advisory only.
  • In addition, DEA officials told us that following the July 3 interdiction, a Honduran officer planted a gun into evidence and reported it as a weapon found at the shooting scene. Although the gun-planting report reached senior DEA officials, no steps were taken to address it other than ensuring that DEA did not rely heavily on TRT information to support any U.S. prosecutions.

State/OIG:

State OIG concluded that DEA failed to comply with the Chief of Mission authority granted to Ambassador Kubiske. Longstanding executive orders direct executive branch employees in a host country to comply with the direction of the Ambassador, who is the President’s personal representative to the host nation government. However, DEA repeatedly refused to comply with the Ambassador’s instructions to provide her and DS with information regarding the three incidents. This conflict was exacerbated by senior INL officials who told DS that DS had no authority to investigate the incidents and refused to provide the helicopter crews for DS to interview.

State OIG also found that State officials made inaccurate and incomplete statements to Congress and the public regarding Operation Anvil, including representations that it was a Honduran-led operation, which these officials knew to be inconsistent with how the operation actually proceeded. In addition, State officials never informed Congress of the DS investigation, despite numerous questions about whether the United States would conduct an investigation of the deadly force incidents.

INL Failed to Comply with Chief of Mission Authority and Undermined the Ambassador’s Exercise of Her Authority

  • As a bureau within the Department of State, INL should understand the importance of Chief of Mission authority. However, INL senior officials repeatedly undermined Ambassador Kubiske’s authority and failed to cooperate with the investigations she authorized.
  • Within a day of the Ambassador authorizing DS to investigate the June and July shooting incidents, INL Principal Deputy Assistant Secretary Carol Perez began to raise objections to DS involvement. She communicated these objections to both DS and DEA officials, and although she told the OIGs that she did not intend to obstruct the investigation of the shooting incidents, INL’s support bolstered DEA’s unwillingness to cooperate.
  • Likewise, AS Brownfield also raised internal and external objections to DS involvement. Immediately following the Ambassador’s request for DS involvement, he e-mailed Deputy Administrator Harrigan and offered to push the investigation “back into the box.” Likewise, in the September 2012 meeting between DS, INL, and WHA, AS Brownfield minimized the failure of DEA to cooperate and ascribed partial blame to DS.
  • In addition, INL failed to comply with Chief of Mission authority by refusing to assist DS in its attempt to interview the helicopter crews. As noted in Chapter Ten, the SID agent requested to speak with the pilots and gunners, but INL denied this request. The request was forwarded up to the highest levels of INL, and AS Brownfield instructed his staff not to cooperate. Although he recognized that the request fell under the Chief of Mission authority, he instructed that INL was not to produce the crew for DS to interview. Senior DS and INL officials also discussed the request at a September 2012 meeting, but AS Brownfield remained opposed to providing DS access to the crews. In fact, INL was not even focused on the circumstances of the helicopter opening fire on the passenger boat, because they believed the helicopter fire was suppressive only and not intended as a use of deadly force.
  • The failure of DEA and INL to provide any cooperation with the investigation requested by the Ambassador resulted in the inability of the SID Agent to complete his investigations and develop conclusive findings regarding the three shooting incidents. DEA’s refusal to follow the Ambassador’s written request for information, supported by INL, not only violated their duties under the Foreign Service Act, but prevented a complete and comprehensive understanding of the three incidents. Ambassador Kubiske and other State officials had grave concerns over the methodology and findings of the various Honduran investigations, so she requested the DS investigation to better understand what could quickly become a diplomatic problem. However, her intentions were never realized because of the failure of DEA and INL to abide by Chief of Mission authority.

Statements to Congress

State briefers also never informed Congress of the DS investigations, despite numerous questions from the Senate Appropriations staff regarding whether State planned to investigate the shooting incidents. According to Wells, he was reluctant to inform the staff of the DS investigation and did not offer DS officials to brief the staff because Congress may have come to realize the conflict between DS and DEA. Therefore, Congress was never informed of the investigative work performed by DS, including the video analysis, which seemed to challenge DEA’s previous statements to Congress that the passenger boat had fired upon the pipante.

Statements to the Public

  • On several occasions, State officials prepared press guidance to be used to discuss Operation Anvil and the shooting incidents with media and public audiences. However, these talking points contained information that was not accurate. For example, INL and WHA officials prepared press guidance immediately after the May 11 incident that repeatedly referred to DEA acting only in a “supporting” and “advisory” role with the “highly trained” Honduran law enforcement officers in the lead. These statements were repeated by State’s spokesperson in the daily press briefing on May 17, 2012. Similarly, Embassy officials prepared talking points for the Ambassador’s interview with the Associated Press on May 25, 2012 that stated that the DEA agents were involved in “a supporting, advisory role only” with “highly trained and vetted” Honduran officers “who operate with advice from U.S. Government law enforcement agents.” As noted above, both INL and WHA officials were aware of the limitations of the TRT and that they were not capable of leading such operations.
  • After the July 3 shooting, WHA and INL officials developed press guidance that did acknowledge that DEA agents “were involved with the shooting,” but stated that “both suspects were given first aid and transported via helicopter to a secure location.” This guidance was repeated verbatim by State’s spokesperson during the daily press briefing on July 9, 2012.  As noted in Chapter Eight, this statement was inaccurate. All three FAST medics told the OIGs that the pilot was already dead when they first assessed him at the scene and that they focused their attention to the other pilot who had significant injuries from the crash. This questionable statement may have originated from the INL Senior Aviation Advisor or the Delta Team Leader, and the INL and WHA officials who drafted and approved the press guidance may not have realized it was incorrect, although the Embassy had received a report from the TRT officer dated July 3, 2012 which stated that the pilot “died instantly.”
  • State officials failed on numerous occasions to provide accurate information to Congress and the public regarding Operation Anvil and the three shooting incidents. In an effort to avoid highlighting DEA’s failure to cooperate with the DS investigation, State officials never informed Congress of the DS investigation, including the video analysis, which could have contradicted prior DEA assertions. These incomplete and inaccurate statements have contributed to the continued uncertainty regarding what actually occurred during the three shooting incidents.

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