Miles With Mike: Ouchy Road This Week

#

Advertisements

Heather Nauert Nomination: Reactions

OSC’s Hatch Act Guidance: No Advocacy For/Against Impeachment, No #Resist, #ResistTrump Use

 

On November 27, the U.S. Office of Special Counsel (OSC) — not Robert Mueller’s but the federal agency with authorities to investigate cases related to the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment & Reemployment Rights Act (USERRA) — issued a new guidance regarding political activity. It says that  its Hatch Act Unit has received several questions regarding whether the following constitute “political activity” for purposes of the Hatch Act:

1. Is strong criticism or praise of an administration’s policies and actions considered political activity?

Criticism or praise that is directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group is political activity. Absent evidence that the criticism or praise is so directed, criticism or praise of an administration’s policies and actions is not considered political activity. Whether a particular statement constitutes political activity depends upon the facts and circumstances.

Consider, for example, the administration’s recent decision to move the U.S. embassy in Israel to Jerusalem. An employee who strongly criticizes or praises that decision during a workplace discussion with a colleague in the days immediately following the decision is less likely to be engaging in political activity than one making those same statements in the run-up to the next presidential election—when the decision will likely have been out of the news for several years—to a colleague that the employee knows has strong feelings about
the subject.

Read more here.

2. Is advocating for or against impeachment of a candidate for federal office considered political activity?

Yes. Read more here.

3. Is activity related to “the Resistance” considered political activity?

To the extent that the statement relates to resistance to President Donald J. Trump, usage of the terms “resistance,” “#resist,” and derivatives thereof is political activity. We understand that the “resistance” and “#resist” originally gained prominence shortly after President Trump’s election in 2016 and generally related to efforts to oppose administration policies. However, “resistance,” “#resist,” and similar terms have become inextricably linked with the electoral success (or failure) of the president. During the period when President Trump was not considered by OSC to be a candidate for reelection the terms did not raise any Hatch Act concerns. Now that President Trump is a candidate for reelection, we must presume that the use or display of “resistance,” “#resist,” “#resistTrump,” and similar statements is political activity unless the facts and circumstances indicate otherwise.

Note that this presumption is only relevant to employee conduct that takes place on duty, in the workplace, while wearing an agency uniform or insignia, or while invoking any official authority or influence. Provided that they comply with the Hatch Act’s restrictions, employees are free to engage in political activity while off-duty and away from the federal workplace.

In OSC’s example, if you tweet “I must #resist the temptation to eat another donut from the break room” – you would not/not be engaging in political activity but OSC would presume that “the use or display of the hashtags #resist and #resistTrump, in isolation, is political activity under the Hatch Act.”  Read in full here.

The thing is, Foreign Service folks are considered on duty 24/7, so what does this guidance means in the real world? We’ve asked the OSC; will update if we hear anything back.

You may also call the Hatch Act Unit at 202-804-7002 or send an e-mail to Hatchact@osc.gov  for your Hatch Act-related questions.

#

Reviews For Pompeo’s WSJ Op-Ed: “God-Awful”, “Risible”, “Mendacious”, “Bananas”, and More #PAPressClips

Related item: Saudi Arabia: Background and U.S. Relations (PDF) | September, 2018 (Congressional Research Service).

#

US Ambassador to Poland Georgette Mosbacher Angers Poles

 

#

U.S. Secretary of State Calls Newsweek “Fake” After It Accurately Quotes Him

 

AND NOW THIS:

#

Foreign Relations of the United States, 2018, Volume XXXXIX, Part 🍌: The Pompeo Cheese Incident

 

#

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 —

#

Travel Alert: 72 Hours of Hate in America

 

The UK Foreign and Commonwealth Office (FCO) travel advice current as of October 29 notes the reporting on a number of suspicious packages and devices have been sent to prominent locations in New York City and Washington DC in the last few days, including the CNN offices at the Time Warner Center and the homes of former Presidents Clinton and Obama. “The FBI continue to investigate, but there is currently nothing to suggest that there is a specific threat to British nationals.” It also says “Terrorists are very likely to try to carry out attacks in the USA. Attacks could be indiscriminate, including in places visited by foreigners. You should monitor media reports and remain vigilant at all times.”

Ireland’s travel advice, current as of October 28 notes that “There is an increased threat of terrorism and extremist violence worldwide and this should be borne in mind by Irish citizens living and working in the USA. The USA has also witnessed a number of mass shootings in recent years.”  They forgot to add that massshootingtracker.org indicates that there has been 363 mass shootings in the United States in 2018 alone (a mass shooting defined to be an incident of violence in which 4 or more people are shot). 

Australia’s travel advice says The United States has more violent crime than Australia, although it rarely involves tourists. Shootings, including mass shootings, can occur in public places.” (We must add that these public places include a concert venue, a nightclub, elementary schools, colleges, churches, synagogues, a fast food restaurant, post office, a movie theater, private residences, military headquarters, neighborhoods, an immigration center, workplaces, and cafeterias).

New Zealand’s alert is the only one that specifically mentions the risk of domestic-based extremists that we’ve seen in 72 hours: The United States remains a likely target for terrorist activity by domestic-based extremists and internationally-trained individuals and groups, and we continue to receive reports that terrorist groups are planning attacks against the United States. Terrorist attacks have occurred in the United States in recent years and a significant number of terror plots have been disrupted.”

AND NOW THIS FROM CANADA’S BRUCE MACKINNON:

#

@StateDept to Saudi Suspects Arrested in #KhashoggiMurder: No More New York Shopping For Y’All

Secretary of State Mike Pompeo commented on the Khashoggi murder during his remarks to the press on October 23 (via state.gov):

… the State Department will continue to seek all relevant facts, consult with Congress, and work with other nations, and work to hold accountable those responsible for the killing of Jamal Khashoggi. The administration is also taking appropriate actions now, given the information currently available to the United States.

We have identified at least some of the individuals responsible, including those in the intelligence services, the Royal Court, the foreign ministry, and other Saudi ministries who we suspect to have been involved in Mr. Khashoggi’s death. We are taking appropriate actions, which include revoking visas, entering visa lookouts, and other measures. We are also working with the Treasury Department to review the applicability of Global Magnitsky sanctions to those individuals.

These penalties will not be the last word on this matter from the United States. We will continue to explore additional measures to hold those responsible accountable. We’re making very clear that the United States does not tolerate this kind of ruthless action to silence Mr. Khashoggi, a journalist, through violence. We continue to maintain a strong partnership with the Kingdom of Saudi Arabia. Neither the President nor I am happy with this situation.

Our shared strategic interests with Saudi Arabia remain. We continue to view as achievable the twin imperatives of protecting America and holding accountable those responsible for the killing of Mr. Khashoggi.

 

#