EEOC Case: Complaint Regarding Comments on Blog Does Not State a Claim

Posted: 1:52 am ET


Complaint Regarding Comments on Blog Does Not State a Claim. The Commission affirmed the Agency’s dismissal of Complainant’s complaint alleging that disparaging comments were posted about him on an internet blog frequented by Agency employees who were members of a professional association. The blog contained a disclaimer that statements “do not reflect any official position” of the Agency, and there was no indication that the blog was sufficiently related to Complainant’s employment. There was also no indication that the blog was sponsored by or affiliated with the Agency or that Agency resources or official time were used to author the article in question. Alfonzo H. v. Dep’t of State, EEOC Appeal No. 0120160450 (April 22, 2016); request for reconsideration denied EEOC Request No. 0520160327 (July 20, 2016).

The blog cited in this case is ‘Dead Men Working’ named in the EEOC Appeal filing.  The following appears as footnotes in the same document:

1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website.

2 According to a Declaration submitted by Complainant, officers of the AFSA learned about the contents of the blog because they receive Google alerts to note anything on the internet that mentions “AFSA,” and this blog post popped up in an alert.

3 Complainant, himself, concedes this is not the first name of the agency employee he believes authored the blog.


US Embassy Kinshasa Now on ‘Ordered Departure’ For Family Members of USG Employees

Posted: 1:20 am ET


On September 29, the State Department issued a new Travel Warning for the Democratic Republic of Congo (DRC). It also announced the evacuation of family members of U.S. Government employees assigned to the U.S. Embassy in Kinshasa. Below is an excerpt:

The U.S. Department of State warns U.S. citizens of continued instability in the Democratic Republic of Congo (DRC).  The potential for civil unrest is high in parts of Kinshasa and other major cities.  As a result of the deteriorating security situation, family members of U.S. government personnel have been ordered to leave the country beginning September 29.  Most official U.S. government travel to the DRC has been halted.  The U.S. Embassy is able to provide limited emergency services to U.S. citizens in the DRC.  This replaces the Travel Warning dated August 8, 2016.

On September 19 and 20, violent clashes around the election process erupted between security forces and demonstrators, resulting in the loss of life and the destruction of property. Very poor transportation infrastructure throughout the country and poor security conditions make it difficult for the U.S. Embassy to provide consular services anywhere outside of Kinshasa. 

Armed groups, bandits, and some elements of the Congolese armed forces continue to operate in:

  • North Kivu
  • South Kivu
  • Bas-Uele
  • Haut-Uele
  • Ituri
  • Tanganyika
  • Haut-Lomami

These groups kill, rape, kidnap, pillage, steal vehicles, and carry out military or paramilitary operations in which civilians can be indiscriminately targeted. Kidnapping for ransom is common, particularly in areas north and west of Goma, North Kivu. Congolese military and United Nations forces operate throughout North and South Kivu and near the DRC’s borders with the Central African Republic and the Republic of South Sudan, particularly in and around Garamba National Park. Travelers in the region may encounter troop movements, armored vehicles and attack helicopters.

Travelers are frequently detained and questioned by poorly trained security forces at official and unofficial roadblocks and border crossings throughout the country, especially near government buildings and installations in Kinshasa. Be cautious if you are stopped by security forces. Requests for bribes are extremely common, and security forces have occasionally injured or killed people who refuse to pay. In the past year, several U.S. citizens have been illegally detained by government forces or robbed of their valuables while being searched.

Read in full here.

Plus this:



Congress Overturns Obama Veto, Blames Obama For Not Telling Elected Morons of “Potential Consequences”

Posted: 3:43 pm ET


Back in April 2016, the NYT did a piece about Saudi Arabia warning of economic fallout if Congress passes the 9/11 bill. Secretary Kerry and top officials from State and the Pentagon warned Congress of potential legal jeopardy for Americans overseas if countries counter with retaliatory legislations:

Obama administration officials counter that weakening the sovereign immunity provisions would put the American government, along with its citizens and corporations, in legal risk abroad because other nations might retaliate with their own legislation. Secretary of State John Kerry told a Senate panel in February that the bill, in its current form, would “expose the United States of America to lawsuits and take away our sovereign immunity and create a terrible precedent.”
In a closed-door briefing on Capitol Hill on March 4, Anne W. Patterson, an assistant secretary of state, and Andrew Exum, a top Pentagon official on Middle East policy, told staff members of the Senate Armed Services Committee that American troops and civilians could be in legal jeopardy if other nations decide to retaliate and strip Americans of immunity abroad. They also discussed the Saudi threats specifically, laying out the impacts if Saudi Arabia made good on its economic threats.

President Obama wrote a letter to the Congress explaining the potential consequences of the 9/11 bill.

President Obama said that his opposition to JASTA is based primarily on its potential impact on the United States. No, it’s not because he’s a Muslim.  The sovereign immunity principles protect all nations but the United States, more than any other country in the world, is active in a lot more places. As we’ve pointed out previously, the State Department has diplomatic and consular presence in over 280 locations worldwide, and the U.S. military has 662 known military overseas bases in 38 foreign countries. In short, the sovereign immunity protection benefits the United States more than any other country in the world.

The CIA director said that “the principle of sovereign immunity protects US officials every day, and is rooted in reciprocity.”  If we don’t afford this protection to other countries, other countries will not afford this same protection to American citizens, or the U.S. government overseas.

The Embassy of Saudi Arabia in Washington D.C., understandably has the best collection of those who called on Congress warning of potential consequences of the 9/11 bill. Let’s borrow the following infographic depicting General Dunford. His letter is also appended below:

Secretary of Defense Ash Carter warned of potential consequences:

Former top government officials from both Democratic and Republican administrations warned of potential consequences:

The Senate and the House went and voted for it anyway.

Even if they know that there are serious potential consequences for our country down the road.

So 97 senators voted for the bill.  Then 28 of those senators wrote a letter saying they’ll work to “mitigate” its unintended consequences. They did not say how. Only that they’ll work on it.

Except that they’ve gone home to campaign.  The Senate will meet 15 times between now and November 15 but all those will be pro forma meetings with no business conducted.

So, the override has now angered some countries. Surprise.

But before they all left home for their break — the Republican Majority Leader in the Senate stood before the cameras to blame President Obama — who vetoed the bill — for failure to communicate the “potential consequences.”

President Obama on CNN:

The veto override was a political vote, is there any doubt? The only senator who voted “no” was the one not running for re-election.  Not only was it a political vote, it appears that they passed a bill that opened a can of worms, throw chaos to the wind, put our people and global interests at risks, and appears toothless as heck from the looks of it.

Just Security’s Steve Vladeck (@steve_vladeck) who is also a professor of law at the University of Texas School of Law writes that “even if a plaintiff could obtain a judgment against a foreign sovereign like Saudi Arabia under the Senate-passed version of JASTA (that is, if they somehow avoid a perpetual stay), they would still have a devil of a time executing that judgment (and would have to base such execution on a different waiver of attachment immunity).” Read his long primer on JASTA and his piece, The Senate Killed JASTA, Then Passed It… which discusses the changes between the original bill and the version approved by the Congress.

Why perpetual stay? Because it says so in the bill that our elected representatives  passed:



A stay that can last 180 days, which can be renewed for addition 180 days and can be recertified to provide additional extensions to the stays.  These cases could potentially just go on forever, wouldn’t it? So the 9/11 families’ court cases could be in perpetual stay in U.S. courts but that would not preclude other countries from inacting retaliatory legislations against the United States.

Today, this happened. The case is DeSimone v. Kingdom of Saudi Arabia, 16-cv-1944, U.S. District Court, District of Columbia (Washington).


Philippine Foreign Minister Wears Out Shoes From Walking Back #DuterteHarry’s Comments

Posted: 1:20 am ET


The media has taken to calling the President of the Philippines Rodrigo Duterte as “Duterte Harry” after Hollywood’s Dirty Harry.  The Guardian says that the Philippine president is exploiting the rivalry of China and the US to wage a ‘ war on drugs’ that is cover for a tide of extrajudicial killings. A Philippine newspaper is now attempting to document the names and other particulars of the casualties in the Duterte administration’s war on crime with a KILL LIST.  The list  is updated every Monday and Thursday.

One day, President Duterte told reporters that the military exercise next month with U.S. troops will be the last. His Foreign Minister Perfecto Yasay had to walk it back the following day. Another day, he told reporters that he is “about to cross the Rubicon” with the U.S. and FM Yasay had to play it down.

Within the last 24 hours, President Duterte has also accused the CIA of planning to kill him.

As if that’s not enough to break the foreign ministry’s news traffic, he apparently has now likened himself to Hitler and wants to kill millions of drug users. Below according to Reuters:

Noting that Hitler had murdered millions of Jews, Duterte said: “There are three million drug addicts (in the Philippines). I’d be happy to slaughter them.

“If Germany had Hitler, the Philippines would have…,” he said, pausing and pointing to himself.

Holy caramba!

Read through the tweets below, and take this as fair warning for November.

Let’s hear it from the Philippine Foreign Minister Perfecto Yasay:

FM Yasay playing the let’s downplay this Rubicon crap, shall we?

Here is President Duterte getting potty-mouth with the European Union, though attempting to be civilized, he only  used  “F” not the word.

Here is FM Yasay trying to calm the waters:

Now, Duterte Harry  has reportedly received reports that the CIA is planning to kill him.  Yup, the CIA.

FM Yasay may have to hire creative writers for his shop in Manila to help him explain the Philippine president’s often intemperate comments.  And he may need new pairs of shoes for all the walking back he has to do in the next fews years.

And because telling reporters that the CIA is out to kill you is not exciting enough for the news cycle, let’s see how Duterte Harry will top that? He brought up, Hitler, because why not?

Apparently, investors did not like what they were hearing. And that was before the Hitler comment.




US Mission Canada’s Principal Officers Display #MenInBlack Sunglasses, Thumbs as Neuralyzers

Posted: 1:35 am ET






FSO Morgan O’Brien Launches DiploSport Podcast on Sports Diplomacy

Posted: 1:03 am ET


If you’re taking a road trip, and are looking for something to listen to in the car, check out the DiploSport Podcast. FSO Morgan O’Brien spent the past year studying sports diplomacy as part of a fellowship sponsored by the Council of Foreign Relations and the NBA. For his research, he interviewed journalists, policy makers and athletes to discuss the interplay of sports and government.

The first episode features former Secretary of State Condoleezza Rice as his inaugural guest (full transcript here). Others featured in the podcast include Norwegian speedskating legend and Olympic champion, Dr. Johann Olav Koss, founder of Right to Play ( an organization which uses sport to connect with youth around the globe who face some of the most challenging circumstances imaginable; 3x American skeleton Olympian Katie Uhlaender who is preparing for the next Winter Games in Pyeongchang 2018; Ruth Riley who served as a State Department Sports Envoy, and an NBA Cares Ambassador; and two-time Olympic medalist Michelle Kwan who also did a stint as a State Department Sports Envoy. He told us that he started interviewing earlier this year and have about 20 podcasts in the can.

The podcast host is a Public Diplomacy officer who joined the Foreign Service in 2009 (146th A-100). He was  Ambassador Holbrooke’s assistant for his first tour, and he did a consular tour in Brazzaville.  When he came back to the State Department, he worked at the Sports Diplomacy Division of the Bureau of Educational and Cultural Affairs (ECA). For the past 12 months, he was attached to the National Basketball Association’s International Operations team and had the opportunity to study sports diplomacy.  He is currently in language training in preparation for his next assignment to an East Asia post. We asked him a few questions about this project:

Q: How were you able to get a fun fellowship like this?

MO: This past year, I was on the International Affairs Fellowship through the Council on Foreign Relations, so this wasn’t a formalized “sports diplomacy/NBA Fellowship,” per se. I first pitched the idea to the NBA, with whom I had worked the previous two years when I was in ECA. When they agreed to the concept, I put together a written proposal for the CFR, which was then followed by a panel interview before ultimately being accepted. Since I applied, two things I think have changed: one of the stipulations was that applicants needed to be under 35, I think that’s no longer the case; and I think there is an extra level of State vetting now. Whereas I sent my proposal directly to the CFR, I think this year’s applicants need to be approved by HR before submitting to the CFR.

If one gets creative in canvassing the bid list, they’ll find that the Department can be fantastic about enabling/empowering officers to pursue opportunities outside State, including awesome fellowships (the Una Chapman Cox Fellowship is another incredible, self-paced opportunity). And while I don’t know how it was done, there are officers actually working on international affairs for a few mayor’s offices in a handful of major cities in the US.

Q: What was it like working with the NBA team?

MO: I was a fully-integrated member of the NBA team for the year, fulfilling a childhood dream of working in pro sports. I supported the All Star Game (held in Toronto) and the “Basketball Without Borders” elite youth camps held around the world this past summer. I learned a ton about the decision-making process of a multi-billion dollar organization, and was pretty blown away by their sincere commitment to social responsibility programming. At State, we should also be proud to know that the NBA really relies on us around the world as subject matter experts and partners. There are dozens of Posts with whom we worked throughout the year—whether it be for women/girls-centered programming in Latvia and Ethiopia or to help demystify the visa process for the families of our players in Serbia or Congo.

Q: What did you learn from this private sector experience?

MO: The private sector exposure was fantastic. I’m bringing back to State a wealth of knowledge in monitoring and evaluation and emphasizing efficiency. I do have to admit that the time away also reinforced my love for the Foreign Service, our mission and our wonderful colleagues. My private sector teammates always found it fascinating that we get to travel the world on behalf of the country, and were every bit as interested in what we do day-to-day as I was of their work.

Morgan O’Brien’s views/opinions expressed on the blog/podcasts are not necessarily those of the State Department.

Check out the diplosport links below and while you’re at it, you might also check @SportsDiplomacy, the official Twitter account of

Sound Cloud:


Google Play:





US Embassy Seoul: Amb @mwlippert Swims With Korean #Triathlon Athletes

Posted: 12:12 am ET


Ambassador Klemm Holds Banned #Szekler Flag in Romania, Reportedly Just Want to Be Polite

Posted: 3:35 pm ET


A couple of years ago, the Hungarian Spectrum posted about The War of the Flags: Diplomatic Spat Over Szekler Territorial Autonomy. A diplomatic spat over a flag. Today, the AP reports on the controversy involving the U.S. Ambassador to Romania Hans Klemm and the same flag, the Szekler flag.

On September 14, the US Embassy in Bucharest (@AmbasadaSUA) tweeted a photo of the visit to Sfântu Gheorghe by the U.S. Ambassador to Romania Hans Klemm and his wife.  They did not post the controversial photo of the ambassador with the flag but it was posted on Facebook by the mayor of Sfântu Gheorghe, Antal Arpad according to social media coverage. The media has not been friendly. This one says that “It is time to get over an alleged ignorance of the American ambassador vis-a-vis historical realities in Transylvania. The gesture should be seen rather as a premeditated one.” Read more about the Székely land  here.

The Romani Journal citing says that US Ambassador Hans Klemm said that the only flags that matter to him are the US’s and Romania’s.  He reportedly added that the photo was taken within a context when he only wanted to be polite.

Well, now… imagine if we have the Russian, Chinese, German or Indian Ambassador in Washington show up in Texas holding the flag of Texit or Texas Secede! advocates then telling the press he/she was just being polite.

We’ll have back to back hearings in Congress, our elected folks would refused to go home to campaign during the election season. Right.

The Romania Journal also notes the FB post: Antal Arpad wrote on Facebook: “I offered the US Ambassador as gift the flag of the Szekler community, which has become the symbol of authorities’ disrespect towards the Szekler community. I mention that this flag was first used in 1599, when the Szeklers fought alongside Mihai Viteazul (Michael the Brave – ruler of Wallachia 1593-1601, the first ruler to unite the three historical provinces of Romania – our note).”

Below is the embassy’s response to Romanian media roiled by the photograph.  Via The Romania Journal as it is not available on the embassy page:

In a release as reply to the information in the media, the US Embassy says that Ambassador Hans Klemm is the US Ambassador for entire Romania. He is periodically travelling through the country, he meets various groups from all the areas of Romanian society. As ally and strategic partner of Romania, the United States support and greet the democracy in Romania and Romania’s efforts to consolidate the democratic institutions with the full and balanced participation of all segments of society, the embassy said.

The 2015 Human Right Report says that the ethnic Hungarian population is approximately 1.2 million.  Also the following:

Ethnic Hungarians also complained of obstructions and bans against the use of the regional Szekler flag and symbols. In March local authorities in Targu Mures rejected the National Szekler Council’s request to hold a march to celebrate the Szeklers’ Freedom Day on March 10 and commemorate five Szekler martyrs.

Ethnic Hungarians continued to report discrimination related to their ability to use the Hungarian language. In August the political umbrella group Democratic Union of Hungarians in Romania released a report on the government’s implementation of the European Charter for Regional or Minority Languages. The report asserted that ethnic Hungarians were not permitted to use Hungarian in courts or administrative matters and that many municipalities did not use bilingual signs. The report claimed that courts obstructed the financing of Hungarian-language newspapers by local authorities and that the government continued to refuse to establish a public Hungarian-language university. The report also noted there were insufficient Hungarian-language cultural institutions and translations of Hungarian-language literature in the country.

In the region of Moldavia, the Roman Catholic, Hungarian-speaking Csango minority continued to operate government-funded Hungarian language classes. In some other localities, authorities denied requests for Hungarian language classes.




@StateDept: That’s a question we ask ourselves every day: where is Brett today?

Posted: 2:41 am ET
Updated: 9/14/16 1:30 am ET – Where is Brett today? Now in Baghdad, scroll below.


Via the DPB on 9/12/16:

QUESTION: Could you update us on Brett McGurk’s travels? Yesterday, he tweeted a photo of the sun setting in Syria. Was he recently in Syria? And last night, he tweeted that he was flying overseas. Where is he going?

MR KIRBY: That’s a question we ask ourselves every day: where is Brett today? I actually don’t have an update for his – on his schedule, so we’ll see if we can get his staff to give us something we can provide to you. I just don’t have the details on exactly where he is right now.



15th Anniversary: September 11 Remembrances Around the Foreign Service

Posted: 12:56 am ET


US Embassy Wellington, New Zealand

US Embassy San Jose, Costa Rica

US Embassy Dublin, Ireland

US Consulate Vancouver, Canada

US Embassy Prague, Czech Republic

US Embassy Warsaw, Poland

US Embassy London, UK

US Embassy Budapest, Hungary

US Embassy Montevideo, Uruguay

US Consulate Munich, Germany

US Consulate Halifax, Canada

U.S. Embassy Djibouti, Djibouti