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.

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US Embassy Haiti: Employees on “Shelter In Place” Order, 15-Mile Radius Travel Restriction

 

The US Embassy in Port-au-Prince issued a Security Alert on November 18 as anti-corruption protests broke out in Haiti. The alert cites protests, roadblocks, burning tires, and possible gunfire within the capital city including the areas of Petionville, Peguyville, Delmas, La Saline, Cite Soleil, Nazon, Sans Fil, Bel-Air, Champ-de-Mars, Carrefour Aeroport, Bourdon, Canape Vert, and outside the capital, in the areas of Port-de-Paix, Les Cayes, Cap Haitien, Hinche, Gonaives, and Jeremie.

The Embassy required its American employees to shelter in place. “Pending further changes, the Embassy plans to announce a delayed opening (10 a.m., Monday, November 19.” Employees remain “prohibited from traveling within Haiti beyond a 15-mile radius of the Embassy without prior Chief of Mission approval.”

Iran Special Rep Brian Hook’s War March Gets Interrupted, Blames Coffee

 

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Career Diplomat Lucia Piazza Talks About Surviving an Embassy Attack

Six years ago today, protesters attacked the US Embassy Tunis compound in Tunisia and torched the vehicles in the diplomatic compound (see US Embassy Tunisia: Protesters breach and set compound on fire (video); Embassy now on Ordered Departure).  Below is a TEDxFoggyBottom talk from June by a career diplomat who was there during that 2012 attack on Embassy Tunis. 

This is something to watch, especially for folks who do not quite understand the Foreign Service, or appreciate how career FS people many, many times had to tell their loved ones goodbye, send them off to safety without knowing if they will see them again, while they stay to do the jobs they are tasked to do in foreign countries that are often hostile and dangerous. 

Via YouTube/TEDx Talks

What does it take to survive a deadly attack on an embassy? For career Foreign Service Officer Lucia Piazza, strong leadership before a crisis is key to saving lives under pressure. Lucia Piazza is the Director of Crisis Management and Strategy in the Office of the Secretary of State. A career Foreign Service Officer, since joining the State Department in 2001 Lucia has represented the US government as a diplomat in countries throughout Africa and the Middle East. Lucia received a Master of Science degree in National Security Strategy from the National War College, National Defense University and a Bachelor of Arts degree in Political Science from the University of New Hampshire. She is the recipient of multiple awards including two Superior Honor Awards for her leadership during the 2012 attack on Embassy Tunis and a Superior Honor Award in 2017 for her leadership of the State Department’s response to Hurricanes Irma, Jose, and Maria when she and her team oversaw the evacuation and repatriation of over 3000 U.S. citizens. Lucia speaks Arabic, French, Italian, and Spanish. This talk was given at a TEDx event using the TED conference format but independently organized by a local community. Learn more at https://www.ted.com/tedx

 

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Nicaragua Crisis Escalates as Ortega Regime Continues Targeting of Anti-Govt Protesters

 

The State Department updated its Travel Advisory for Nicaragua on July 6, 2018 to Level 3 urging that U.S. travelers reconsider travel to Nicaragua due to crime, civil unrest, and limited healthcare availability.  The update also includes the announcement that the U.S. government has ordered the departure of non-emergency U.S. government personnel in the country and that while the U.S. Embassy remains open, it can only provide emergency services for U.S. citizens.

According to the Miami Herald, the Organization of American States’ Inter-American Human Rights Commission puts the number of dead since April 18 at 264, while Nicaragua’s Pro-Human Rights Association puts the figure at 309 people and thousands of wounded.

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July 4, 2018: Celebrations, Boycotts, Lies, Cages, Profiteers, One Fired Cartoonist

 

Meanwhile — we understand that it was a spectacular show on teevee. Apparently, one story changed more than a dozen times, and ratings were like nothing ever seen before.

And then a cartoonist was fired for his catalog of brutal realities. If you’ve lived in developing countries ruled by dictators (who typically, take over media outlets in the name of protecting their people), you will quickly realize that media outlets run by pals and cronies is a perilous cliff. Before long, the only cartoons and news fit to print are friendly litanies of the life of the country. There are no dissenters in fairytales, of course. We don’t want to be that country. I don’t think we will … but it doesn’t help my troubled soul tonight.

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US Embassy Jerusalem Opens With Palestinian Deaths, Protests, and FAM Confusion

Posted: 12:19 PT

 

We’re days late on this but the United States opened the new U.S. Embassy in Jerusalem on May 14. The event sparked protests at the Gaza border which resulted in the deaths of over 50 Palestinians and hundreds of wounded protesters.

With the Embassy officially moved to Jerusalem, Tel Aviv has not been designated as a consulate general but as a “Branch Office”. The State Department did update its 2 FAM 440 on Changing Post Status on May 18, four days late and it does not enlightened us on what happens to the Tel Aviv post, the consular districts, the role of the chief of mission to USCG Jerusalem or for that matter, what happens to place of birth names on passports as 7 FAM 1300 Appendix D has not been updated.  Note that previous to this move, USCG Jerusalem’s consular districts include the West Bank, Gaza, and the municipality of Jerusalem while Embassy Tel Aviv’s consular district includes all other territory in Israel.

We understand that  the Consul General in Jerusalem will continue to live in the chief of mission residence (CMR) on the Agron Road consulate site. It is also our understanding that USCGJerusalem — a separate post with its own chief of mission that reports directly to the bureau and was never a constituent post of then Embassy Tel Aviv —  “will go on as usual” even after the ambassador and mission to the State of Israel move to Jerusalem. So the USG will have two posts in Jerusalem, each with a different mission? Are there going to be one or two separate consular sections? What’s bidding going to be like? We’re having a moment with FAM confusion, help would be appreciated from folks in the know.

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Nambia Bites Back: Come Visit “Sh*thole Namibia” With Over 300 Days of Sunshine

Posted: 2:49 am ET

 

VPOTUS is on overseas travel, and during his interview with The Associated Press, the poor man defended President Trump over his recent comments “disparaging immigration from Africa and Haiti, telling the AP that the president’s “heart” is aimed at a merit-based system that is blind to immigrants’ “race or creed.”

In Haiti, Reuters reported that about a couple thousand people took to the streets of Port-Au-Prince, the capital and most populous city in the country to protest comments attributed to the U.S. President about the nation being a “shithole” country. Early Monday morning, the US Embassy in Haiti announced that it was expecting a large protests outside the embassy. “Please limit your coming and going to/from the Embassy during this time. If the protest is large and/or violent, U.S. Embassy employees will be expected to shelter in place. No one will be able to enter or depart during this time and anyone outside of the Embassy will be directed to shelter in place at an offsite location.”

Meanwhile, a tour agency in Namibia has turned Donald Trump’s slur into a sales pitch.

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#Jerusalem Recognition: Protests and Limited Public Services #USEmbassies

Posted: 12:21 pm PT

 

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

Posted: 1:13 am ET
[twitter-follow screen_name=’Diplopundit’]

 

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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