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
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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
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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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Turkish Security Personnel Beats Up Protesters in Washington, D.C. — Just Like Back in Turkey

Posted: 1:13 am ET
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In March 2016, Turkish President Recep Tayyip Erdoğan visited Washington to attend the 2016 Nuclear Security Summit. His security detail made news for its actions toward protesters and journalists covering the visit (see Turkish President Erdoğan Visits DC, His Guards Make News, and Oh, the Turkish Army Says No Coup).

On May 16, President Trump hosted President Erdoğan at the @WhiteHouse where the Turkish president congratulated POTUS for his “legendary triumph.”  Later when protesters demonstrated in front of the Turkish Embassy in Washington, D.C., they were beaten by Turkish security personnel. Just like back in Turkey where peaceful protesters are routinely attacked, even jailed. The attack was captured on videos and beamed around the world.  This time though, President Erdogan appeared to watched from inside his car while the brutal attack unfolded on the street of his host country’s capital city. The State Department and the DC Mayor’s office released statements on the attack against peaceful demonstrators. The White House offers no statement concerning the attack.

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Burn Bag: Where Grievances Won’t Get Brushed Under the Rug?

Via Burn Bag:

“For the person who got sexually assaulted while working as a FSO at the State Department at one of their missions, and who doesn’t want to report it to State Dept officials and/or the police, he/she can always go to the Legat office, or at a smaller Embassy find out which Legat covers their Embassy and report the crime to their office.  Legats and Assistant Legats are FBI agents who work overseas, and they are not affiliated with the State Dept.  Therefore, their grievances won’t get brushed under the rug, and they can make sure some REAL accountability is obtained.”

via tenor.co

 

Related posts:

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Former DCM’s Spouse Labib Chammas Gets 30 Months in Prison For Sexual Abuse of Household Staff Member

Posted: 12:41 pm ET
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Last October, we posted about the Justice Department’s case against Labib Chammasthe husband of the former DCM at the US Embassy in Rabat, Morocco who pleaded guilty to abusing a member of the household staff who had worked at the embassy residence for 16 years (see Anonymous Letter Outs Sexual Abuse of Household Staff, Former DCM’s Husband Pleads Guilty).

Today, the Justice Department announced that Labib Chammas was sentenced to 30 months in prison for sexually abusing a household staff member

The husband of the former Deputy Chief of Mission in Rabat, Morocco, was sentenced today to 30 months in prison for 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 McLean, Virginia, pleaded guilty on Oct. 12, 2016, to one count of abusive sexual conduct before U.S. District Judge Christopher R. Cooper of the District of Columbia.  Judge Cooper also sentenced Chammas to a five-year term of supervised release and ordered him to pay a $15,000 fine.  Chammas is required to register as a sex offender for a period of 15 years.

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’s Office of Special Investigations investigated the case.  Assistant U.S. Attorney Andrea Hertzfeld of the District of Columbia and Special Counsel Stacey Luck of the Criminal Division’s Human Rights and Special Prosecutions Section prosecuted the case.

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This case was investigated on February 13. 2013 by DS/OSI agents in Morocco but the individual was not charged and no arrest warrant was issued until May 13, 2016. We’ve previously asked USDOJ about the 3-year gap between the investigation and the filing of charges. At that time, DOJ declined to comment because the case was ongoing. So, we’ll try one more time to request information about the gap in the investigation/filing of charges and will update this when info is available.

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Conservative Group Blasts Tillerson Pick, Wants Pro-LGBT “Activists” in @StateDept “Ferreted Out” (Updated)

Posted: 1:52 am ET
Updated: 9:32 am PT
Update: 12/20, 12:47 pm PT (click here for comment during DPB)
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We just blogged that House Democrats called on the State Department to resist potential Trump political witch-hunts). And what do you know?  On December 15, Tony Perkins, the president of the Family Research Council issued the following statement, excerpt:

The Obama administration has not only sent openly gay ambassadors into countries that are culturally opposed to homosexuality, they’ve used foreign aid to force nations opposed to homosexuality to change their laws to provide special protections for such behavior. And even flown the rainbow flag at U.S. embassies around the world! Equally, the Obama State Department under Hillary Clinton also promoted abortion, declaring reproductive healthcare a basic human right.
[…]
…. I have raised concerns about the nomination of ExxonMobil CEO Rex Tillerson for secretary of state. I certainly don’t see Tillerson cut from the same cloth as Clinton or Kerry, but he doesn’t have to be for these anti-life, liberal social policies to continue. He must have the courage to stop the promotion of this anti-family, anti-life agenda, which is very much a question mark given that he capitulated to activists pushing to liberalize the Boy Scouts’ policy on homosexuality when he was at the helm of the organization.

The incoming administration needs to make clear that these liberal policies will be reversed and the “activists” within the State Department promoting them will be ferreted out and will be replaced by conservatives who will ensure the State Department focuses on true international human rights like religious liberty which is under unprecedented assault.

According to the Southern Poverty Law Center (SPLC), the Family Research Council (FRC) is an anti-LGBT extreme group that bills itself as “the leading voice for the family in our nation’s halls of power,” but that “its real specialty is defaming gays and lesbians.” SPLC has also published an extremist profile of Perkins here.

Updated:  According to HuffPo, Trump’s transition team released a statement expressing strong opposition to the Family Research Council’s appeal.  “President-elect Trump campaigned on a message of unity in order to bring all Americans together. To think that discrimination of any kind will be condoned or tolerated in a Trump Administration is simply absurd,” Trump spokesman Jason Miller said.

This is worrisome because “ferreting out” LGBT “activists” can easily expand to the purging of LGBT employees.  Trump has a “complicated track record on LGTBQ issues” but given the people in his orbit, it is important to remember that in 1953, under the guise of national security, President Eisenhower signed Executive Order 10450 which expanded the grounds for dismissal to cover homosexuality. Under the guise of seeking “true international human rights” or something else, this could easily go from worrisome to alarming.

There’s a dark history of employee purges in the federal government, most especially at the State Department.  The National Archives notes that beginning in the late 1940s and continuing through the 1960s, thousands of gay employees were fired or forced to resign from the federal workforce because of their sexuality. Dubbed the Lavender Scare, this wave of repression was also bound up with anti-Communism and fueled by the power of congressional investigation.

According to the State Department, on February 28, 1950, in testimony before the subcommittee of the Senate Appropriations Committee, Deputy Under Secretary for Administration John Peurifoy noted that 91 employees in the “shady category” had been dismissed since January 1, 1947. “When pressed to define this category, Peurifoy alluded to “moral weakness.” He seemed too hesitant to offer specifics, and the number of dismissals was too large for the matter to be easily dropped. Senator Styles Bridges (R-NH) pressed Peurifoy further, and the Deputy Under Secretary finally admitted that the category referred to homosexuals.”

Stay aware. Stay engage.

President Obama appointed gay ambassadors to Australia, Dominican Republic, Denmark, OSCE, Spain, and Vietnam. To say that these missions are in countries “culturally opposed to homosexuality” is false.  Among the six missions, only one has faced blatant, persistent bigotry and discrimination in his host country; that’s Ambassador Wally Brewster who is accredited to the Dominican Republic (see Pres. Obama’s Personal Representative Faces Anti-Gay Bigotry in the Dominican Republic.

The charge that pro-LGBT policies were advanced by LGBT “activists” in the State Department is simply ignorant of how the agency works. Advancing the rights of LGBT persons around the world is an Obama Administration policy. Career employees are required to support and defend it, as well as all other policies of the administration whether they agree with it or not (see On the Prospect of Mass Resignations: A Veteran FSO Cautions Against Rash Decisions).

The Foreign Service Act and appropriate personnel regulations require commitments from candidates for appointment to the Foreign Service to commit to three (3) conditions of employment — availability for worldwide assignment, willingness to accept out-of-function assignments, and observance of Foreign Service discipline with respect to public support of established United States policy.  “In the official performance of their duties as representatives of the United States Government, Foreign Service members may be called upon to support and defend policies with which they may not be personally in full agreement. On such occasions, normal standards of Foreign Service discipline will apply. Ample opportunity is provided within official channels for discussion and dissent with respect to the development and conduct of United States Foreign policy.” (See DS4146). Also see Joseph Cassidy’s Twelve Tips For Surviving Life In The New Foggy Bottom.

More clips below:

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