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Trump’s Diplomat: Rex Tillerson in His Own Words, Now With Gifs

Posted: 4:45 pm ET

 

Tillerson: “In the context of the budget, the fiscal year 2017 was a record high for the State Department.” (Note that the FY2013 budget was $1.6B more than the FY2017 budget. See “The Secretary” Writes FY18 Budget Love Letter to Foggy Bottom, But What’s This About Post Closures?).

 

Tillerson: “Looking at ongoing conflicts, if we accept that we’re just going to continue to never solve any of these conflicts, then the budget should stay at the current level.” (Note that proposed FY18 budget is nowhere near the current level.   See WH/OMB Releases FY2018 Budget Blueprint – @StateDept/@USAID Hit With 28% Funding Cuts Mar 16, 2017).

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Tillerson’s top policy aide: “Tillerson and Mattis get along like gin and vermouth.” 

 

“Tillerson said he talks to Trump daily and has an open invitation to visit him at the White House whenever he chooses, he said they haven’t yet talked about what a dramatically different State Department will look like or how he will staff it. His eyes darted down to his desk when he said, “We haven’t gotten that far yet,” as though he realized he had been caught.”

 

Tillerson said he hopes eventually, “The people at the State Department will find their jobs much more rewarding.” And despite some of the commentary being bandied about, he thinks there’s been a lot of energy since the day he got started there. (See The Atlantic’s The State of Trump’s State Department).

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Tillerson on NATO: “He [Trump] embarrassed them into increasing their spending.”

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Tillerson: “We’ve got a lot going on inside the State Department, and we’re not talking about it until we’re ready, and that’s driving a lot of people nuts,” he said. He was so cagey when Russia came up, for example, that his answer wasn’t even worthy of inclusion.

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Tillerson on  the Secretary of State job: “I didn’t want this job. I didn’t seek this job.” He paused to let that sink in. A beat or two passed before an aide piped up to ask him why he said yes. My wife told me I’m supposed to do this.”

 

Tillerson: “I serve at the pleasure of the president.” It doesn’t seem like he regrets accepting the job. “My wife convinced me. She was right. I’m supposed to do this.”

 

Read the full interview below and the transcript previously posted by the reporter, Erin McPike who was the sole journalist invited to accompany Secretary Tillerson on his trip to Asia:

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USA Offers Up to $5 Million #Reward For Information on Joel Shrum Murder in #Yemen

Posted: 2:47 am ET

 

On March 15, in partnership with the U.S. Department of State’s Rewards for Justice program, the FBI announced a reward of up to $5 million for information on the murder of U.S. citizen Joel Wesley Shrum in Ta’izz, Yemen in 2012. The RFJ announcement notes that at the time of his death, Shrum worked at the International Training and Development Center as an administrator and English teacher. He was living in Yemen with his wife and two young children. Below is the FBI announcement:

The FBI Washington Field Office, in partnership with the U.S. Department of State’s Rewards for Justice program, announced today a reward of up to $5 million for information leading to the arrest or conviction in any country of any individual who committed, conspired to commit, or aided or abetted in the commission of, the murder of U.S. citizen Joel Wesley Shrum.

On March 18, 2012, Joel Wesley Shrum, 29, was driving to his place of employment in Ta’izz, Yemen when two gunmen armed with AK-47s approached Shrum’s vehicle on a motorcycle and fired on the vehicle. Shrum was pronounced dead on the scene. Al Qaeda in the Arabian Peninsula (AQAP) claimed responsibility for the murder. The U.S. State Department designated AQAP as a Foreign Terrorist Organization in 2010. At the time of his death, Shrum worked at the International Training and Development Center as an administrator and English teacher. He was living in Yemen with his wife and two young children.

Individuals with information concerning the shooting of Joel Shrum are asked to contact the FBI or the nearest American Embassy or Consulate or submit a tip on the FBI’s website by visiting tips.fbi.gov. Tips can remain confidential. Additional information regarding Joel Shrum, including a seeking information poster with his picture, is available on the FBI’s website at http://www.fbi.gov/wanted/seeking-info or on the U.S. Department of State’s Rewards for Justice program website at www.rewardsforjustice.net.

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Former Top Diplomats Make a Case For Sensible Funding of the State Department Budget

Posted: 2:21 am ET

 

In light of the Trump Administration’s proposed FY18 budget, the American Academy of Diplomacy and the Council of American Ambassadors wrote a joint letter to Senate Majority Leader Mitch McConnell (R-Kentucky) to make a case for sensible State Department funding in the federal budget.  The letter was signed by Ambassador Thomas R. Pickering, AAD Chairman; Ambassador Ronald E. Neumann, AAD President; Ambassador Bruce S. Gelb, CAA Chairman; and Ambassador William J. vanden Heuvel CAA Chairman Emeritus. We understand that identical letters were also sent to Senators Cardin, Corker, Graham, Leahy and Schumer in the Senate, and Representatives Engel, Lowey, McCarthy, Pelosi, Rogers, and Royce in the House.

Sept 14, 2012: Thousands of protestors attacked the U.S. Embassy in Khartoum, Sudan, setting fire to the Consular Section entrance, and causing extensive damage. (Source: U.S. State Department/DS)

Below is the text of the letter AAD/CAA sent to the Hill:

On behalf of the American Academy of Diplomacy (AAD) and the Council of American Ambassadors (CAA), we believe the proposed magnitude of the cuts to the State Department budget pose serious risks to American security. After the military defeat of the Islamic State, intensive diplomatic efforts in Iraq and Syria will be essential to stabilization, without which the radical movements that we now contest will reappear. Afghanistan requires the same attention.

As a general principle, diplomacy is far less costly than war to achieve our national purposes. Diplomacy is most often the first line of America’s defense. When the Islamic State suddenly appeared in Mali, it was our Embassy that was able to recommend action based on knowing the difference between terrorists and local political actors who needed support. When Ebola in West Africa threatened a worldwide pandemic, it was our Foreign Service that remained in place to establish the bases for and support the multi-agency health efforts deployed to stop the disease outbreak. It is to our embassies that American citizens turn for security and evacuation abroad.

Our embassies’ commercial work supports US companies and citizen entrepreneurs in selling abroad. This creates thousands of American jobs. Every dollar spent on this work returns hundreds in sales. Peacekeeping and political missions are mandated by the Security Council where our veto power can ensure when, where, how many, and what kind of peacekeepers used in a mission support US interests. Peacekeeping forces are deployed in fragile, sometimes prolonged, circumstances, where the US would not want to use US forces. UN organized troops cost the US taxpayer only about one-eighth the cost of sending US troops. Our contributions to refugees and development are critical to avoid humanitarian crises from spiraling into conflicts that would draw in the United States and promote violent extremism. Budget cuts of the amounts contemplated endanger basic US security interests.

US public diplomacy fights radicalism. Educational exchanges over the years have enabled hundreds of thousands of foreign students truly to understand Americans and American culture. This is far more effective in countering radical propaganda than social media. The American Immigration Law Foundation estimates that 46 current and 165 former heads of government are US graduates.

These few examples should show why so many American military leaders are deeply opposed to the current budget proposals. They recognize that when diplomacy is not permitted to do its job the chances of Americans dying in war increase. When the number of employees in military commissaries or military bands exceeds the number of US diplomats, the current budget proposal is indeed not a cost-effective way to protect America and its interests.

The Academy, representing the most experienced and distinguished former American diplomats, both career and non-career, and the Council have never opposed all cuts to the State Department budget. The Academy’s detailed study American Diplomacy at Risk (2015) proposed many reductions. We believe streamlining is possible, and we can make proposals to that end. However, the current budget proposals will damage American national security and should be rejected.

The original letter is here: Letter re Proposed DOS Budget Cuts – Senator McConnell.

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Tillerson of #NotBigMediaAccess Planet: NK ‘Imminent’ Threat, Fatigue News, Chinese Praise

Posted: 2:31 am ET

 

Secretary Tillerson traveled to Tokyo, Seoul, and Beijing from March 15-18 —  without his full traveling press, but with one pre-selected journalist (see Lonesome Rex to Make Inaugural Trip to Asia Without His Traveling Press?). It sounds like this won’t be the last time he’s going to try to ditch his traveling press. Secretary Tillerson said that “we’re saving a lot of money by using this aircraft.”  Since cost savings has now been repeatedly cited as an excuse, let’s see the cost saved from this trip, please.

The controversy about press access to the 69th secretary of state continues.  Secretary Tillerson gave an interview to his sole traveling press, and once more cited saving money as one of the reasons for not taking a full traveling press:

Primarily it’s driven — believe it or not, you won’t believe it — we’re trying to save money. I mean, quite frankly, we’re saving a lot of money by using this aircraft, which also flies faster, allows me to be more efficient, and we’re going to destinations that, by and large, the media outlets have significant presence already, so we’re not hiding from any coverage of what we’re doing. The fact that the press corps is not traveling on the plane with me, I understand that there are two aspects of that. One, there’s a convenience aspect. I get it. The other is, I guess, what I’m told is that there’s this long tradition that the Secretary spends time on the plane with the press. I don’t know that I’ll do a lot of that. I’m just not … that’s not the way I tend to work. That’s not the way I tend to spend my time. I spend my time working on this airplane. The entire time we’re in the air, I’m working. Because there is a lot of work to do in the early stages. Maybe things will change and evolve in the future. But I hope people don’t misunderstand … there’s nothing else behind it than those simple objectives.

Apparently, Secretary Tillerson is not a “big media access person” and personally doesn’t need it. Holymolyguacamole! Can somebody in Foggy Bottom, please explain to him that this is not about what he needs.

“I’m not a big media press access person. I personally don’t need it. I understand it’s important to get the message of what we’re doing out, but I also think there’s only a purpose in getting the message out when there’s something to be done. And so we have a lot of work to do, and when we’re ready to talk about what we’re trying to do, I will be available to talk to people. But doing daily availability, I don’t have this appetite or hunger to be that, have a lot of things, have a lot of quotes in the paper or be more visible with the media. I view that the relationship that I want to have with the media, is the media is very important to help me communicate not just to the American people, but to others in the world that are listening. And when I have something important and useful to say, I know where everybody is and I know how to go out there and say it. But if I don’t because we’re still formulating and we’re still deciding what we’re going to do, there is not going to be a lot to say. And I know that you’ve asked me a lot of questions here that I didn’t answer, and I’m not answering them because we have some very, very complex strategic issues to make our way through with important countries around the world, and we’re not going to get through them by just messaging through the media. We get through them in face-to-face meetings behind closed doors. We can be very frank, open, and honest with one another and then we’ll go out and we’ll have something to share about that, but the truth of the matter is, all of the tactics and all of the things were going to do you will know them after they’ve happened.”

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EEOC Finds @StateDept Liable Under the Rehabilitation Act in US Embassy Kabul Medical Clearance Denial

Posted: 12:21 am ET

 

This is a case where an FSO previously diagnosed with rheumatoid arthritis was granted a Class 2 medical clearance for an assignment at the US Embassy in Kabul, Afghanistan.  While at post, the FSO developed pericarditis and was hospitalized in Kabul in 2013; she was subsequently medevaced to Texas. The FSO was later told by State/MED that she retained her Class 2 Medical Clearance, but it was not Kabul-approved.  In August 2013, the FSO filed an EEO complaint alleging that the State Department discriminated against her on the basis of disability. The State Department’s decision  notes that in denying her clearance, its medical officers failed to conduct a sufficient individualized assessment of the risk posed by Complainant’s medical condition and its impact on her ability to return safely to Kabul.  It held “that there was no evidence that the medical officers and Medical Review Panel took into account the duration of the risk, the nature and severity of the potential harm, and the likelihood that the harm will occur or the imminence of the potential harm, as required by the law.”  It also concluded that MED“improperly denied Complainant a Class 2 medical clearance (Kabul-approved).”  The FSO on appeal asserted that she was not provided with full relief, including reasonable attorney’s fees and costs. In response to that appeal, the State Department noted that its final decision was, get this — “erroneously issued.”

Summary of Case via EEOC:

In September 2011, Complainant was assigned to work as an Administrative Officer at the Agency’s Embassy in Kabul, Afghanistan.  Complainant had been diagnosed with ongoing rheumatoid arthritis since 1999. In conjunction with her assignment to Kabul, Complainant was reviewed by the State Department’s Office of Medical Services (State/MED) for a medical clearance.  Complainant was granted a Class 2 (Kabul-approved) medical clearance 2 and she started her duties in Kabul.  While on leave from Kabul in the United States in June 2012, Complainant saw a doctor and was prescribed a new medication for her arthritis called Leflunomide. At the time, Complainant did not report that she was taking this new medication to Agency medical officials.

In April 2013, Complainant developed pericarditis which led to her hospitalization in Kabul.  At that time, her physicians at the hospital advised her to stop taking Leflunomide and she did so.  Upon her release from the hospital, Embassy medical officials made the decision to send Complainant back to the United States for an evaluation by her own physicians. On May 7, 2013, Complainant departed Kabul for El Paso, Texas.

Upon her return to El Paso, Complainant was examined by her own physician (“Complainant’s Physician”) for clearance to return to Kabul.  She provided documentation to the Agency’s Office of Medical Services indicating that her physician had no concerns with her return to Kabul. On May 31, 2013, Complainant was initially informed by the Agency’s physician (“Agency Physician”) that her medical clearance for Kabul would be renewed.

However, on June 3, 2013, the Agency Physician informed her that she retained her Class 2 Medical Clearance, but was not Kabul-approved.  Complainant was told that the reason for the denial of her clearance to return to Kabul was her use of Leflunomide, a drug banned by the Department of Defense for use by personnel assigned to Afghanistan.3  As Complainant had stopped using the medication since her April 2013 hospitalization, she appealed the denial of her medical clearance for Kabul.  Her appeal was denied by the Agency’s Medical Review Panel on the grounds that her cessation of Leflunomide was too recent. The Panel indicated that Complainant needed to show a period of at least 12 month of “clinical stability” before she could return to Kabul.  The Panel defined clinical stability as “the absence of systemic clinical manifestations of pericarditis and rheumatogic problems.”  There was some speculation that, because Leflunomide reduces resistance to infection, Complainant’s pericarditis may have resulted from its use.  Complainant then requested an Administrative Waiver to allow her to return to her position in Kabul.  That waiver was also denied on June 19, 2013.  Since May 2013, Complainant has been working from the Agency’s El Paso, Texas, Intelligence Center.

On August 22, 2013, Complainant filed an EEO complaint alleging that the Agency discriminated against her on the basis of disability (rheumatoid arthritis) when her “Return to Post Authorization” was not reinstated and she was prevented from returning to work at the U.S. Embassy in Kabul.

At the conclusion of the investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ).  However, on March 10, 2014, the Agency issued a final decision pursuant to 29 C.F.R. § 1614.110(b). In its decision, the Agency conceded the Complainant was an individual with a disability as defined by the Rehabilitation Act.  The Agency further determined that Complainant was an otherwise qualified individual with a disability, as she had been performing in the position in question in Kabul for the preceding two years, and had the requisite knowledge, experience, skill, and education to perform the position.

The Agency’s decision then noted that Complainant was denied a Class 2 Medical Clearance (Kabul-approved) because of the perceived risk of harm she posed to herself due to her recent use of the drug Leflunomide. As a result of this determination, Complainant was prevented from returning to her previously-approved assignment in Kabul.  The Agency’s decision went on to conclude that, in denying her clearance, its medical officers failed to conduct a sufficient individualized assessment of the risk posed by Complainant’s medical condition and its impact on her ability to return safely to Kabul.  Specifically, Agency held that there was no evidence that the medical officers and Medical Review Panel took into account the duration of the risk, the nature and severity of the potential harm, and the likelihood that the harm will occur or the imminence of the potential harm, as required by the law.  The Agency decision noted that medical opinions that supported Complainant ability to safely return to Kabul were improperly given little weight during the medical clearance determination.  Accordingly, the Agency’s final decision concluded that it improperly denied Complainant a Class 2 medical clearance (Kabul-approved).

Based on its finding that Agency medical staff had failed to provide Complainant with an individualized assessment, the Agency ordered the Office of Medical Services to go forward and actually conduct the required individualized assessment of Complainant’s medical condition and her ability to return to the Administrative Officer position at the Agency’s Embassy in Kabul without posing a significant risk of substantial harm to herself or others.

This appeal followed.  On appeal, Complainant did not challenge the findings by the Agency, but asserted that she was not provided with full relief, including reasonable attorney’s fees and costs.

In response to the appeal, the Agency noted that its final decision was erroneously issued in light of Complainant’s previous request for a hearing.  As such, the Agency argued that the final decision should be voided.  In response, Complainant argued that the final decision should not be considered void and the matter should not be remanded for a hearing.

EEOC ANALYSIS AND FINDINGS: Violation of Rehabilitation Act

As an initial matter, we find that Complainant’s statement on appeal constitutes a withdrawal of her earlier hearing request.  As such, we deny the Agency’s request to void its final decision.

In that decision, the Agency found that its medical staff failed to conduct a proper individualized assessment as required by the Rehabilitation Act when Complainant was prevented from returning to work at the U.S. Embassy in Kabul.  Complainant does not challenge the Agency’s findings in its final decision.  As such, we affirm the Agency’s specific findings.  However, the Agency did not expressly state that its actions constituted discrimination in violation of the Rehabilitation Act.

As evidenced by the Agency’s final decision, there is no dispute that Complainant is an individual with a disability who was otherwise qualified for the position in she had previously held in Kabul. In other words, she met the skill, experience, education and other job requirements to perform the duties of the position in Kabul, apart from the Agency’s decision to retract her medical clearance for work in Kabul.

The Agency noted in its findings in its own decision that Complainant’s Physician provided medical documentation that Complainant was no longer taking Leflunomide, the drug of concern, had not had flare-ups of her medical condition, and had embarked on a healthier lifestyle. However, the Agency conceded that Complainant’s supporting medical documentation was improperly “given little if any weight.”  The Agency also admitted in it decision that the denial of the Class 2 Medical Clearance was due to the “perceived risk of harm she posed to herself or others” and not on an actual risk.  Based on the record including the medical evidence provided by Complainant’s Physician, we find that Complainant has shown that she was qualified for the position in question in Kabul and was only prevented from doing so based on the Agency’s perception that she posed a safety risk.  This moves the burden of proof squarely to the Agency to prove that there is a significant risk of substantial harm. Massingill v. Dep’t. of Veterans Affairs, EEOC Appeal No. 01964890 (July 14, 2000).  See also, Branham v. Snow, 392 F.3d 896 (7th Cir. 2005) (“employer’s burden to show that an employee posed a direct threat to workplace safety that could not be eliminated by reasonable accommodation”); Hutton v. Elf Atochem N. America, 273 F.3d 884, 893 (9th Cir. 2001) (direct threat affirmative defense).

Here, as already noted, the Agency’s own decision concluded that Complainant was denied a Class 2 Medical Clearance because of perceived risk of harm she posed to herself or others.  Our regulations permit the Agency to deny job assignments on the basis of disability where such an assignment would pose a direct threat. See 29 C.F.R. § 1630.2(r). A “direct threat” is defined as a “significant risk of substantial harm” that cannot be eliminated or reduced by reasonable accommodation. Interpretive Guidance of Title 1 of the Americans with Disabilities Act, Appendix to 29 C.F.R. Part 1630, § 1630.2(r); Echazabal v. Chevron U.S.A., Inc. 536 U.S. 73 (2002); 29 C.F.R. § 1630.2(r).

The issue in finding direct threat is “not…whether a risk exists, but whether it is significant.” Bragdon v. Abbott, 524 U.S. at 649. A direct threat must be based on an individualized assessment of the individual that takes into account: (1) the duration of the risk, (2) the nature and severity of the potential harm, (3) the likelihood that the potential harm will occur, and (4) the imminence of the potential harm. Interpretive Guidance on Title I of the Americans With Disabilities Act, Appendix to 29 C.F.R. § 1630.2(r). The individual assessment must be based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence. Id. A determination of significant risk cannot be based merely on an employer’s subjective evaluation, or, except in cases of a most apparent nature, merely on medical reports.

The Agency held in its final decision that it “failed to conduct a sufficiently individualized assessment of the risk posed by Complainant’s medical condition, and its impact on her ability to return safely to Kabul.  There is no evidence that the following factors were taken into account: 1) the duration of the risk; 2) the nature and severity of the potential harm; 3) the likelihood that the potential harm will occur; and 4) the imminence of the potential harm.”  Based on the record and the Agency’s own findings in its decision, we determine that the Agency has not met its burden of establishing that Complainant’s return to Kabul would have posed a direct threat.  Accordingly, the Agency’s defense to denying Complainant the Class 2 Medical Clearance was not established, and the Agency is liable under the Rehabilitation Act.

As a result of this violation of the Rehabilitation Act, Complainant is entitled to make-whole relief, which the Agency did not provide her in its final decision.  First, the Agency should offer Complainant the assignment in Kabul if she chooses to return. See Nathan v. Department of Justice, EEOC Appeal No. 0720070014 (July 19, 2013) (awarding the complainant the position for which he applied following a determination that the agency violated the Rehabilitation Act when it medically disqualified him without an individualized assessment). In addition, Complainant correctly argues that she should be awarded reasonable attorney’s fees and legal costs for processing her EEO complaint, as well as the opportunity to support her claim for compensatory damages. Also, we find that the Agency provide training to relevant management highlighting the Agency’s obligations with respect to the Rehabilitation Act.

The EEOC concludes the case with a modification of the State Department’s  final decision and remanded the matter to the agency with the following order signed by Carlton M. Hadden on October 25, 2016.  The EEOC case file notes that compliance with the Commission’s corrective action is mandatory.

The Agency is ordered to take the following remedial action:

1. Within 60 calendar days from the date this decision is issued, the Agency shall offer Complainant an assignment in Kabul substantially similar to the one she lost. If Complainant rejects the offer of the assignment, the Agency shall use the date of rejection for purposes of back pay calculations as noted below.  If Complainant accepts the assignment, the Agency shall use the date Complainant assumes the assignment for purposes of back pay.

2. The issue of compensatory damages is REMANDED to the Agency. On remand, the Agency shall conduct a supplemental investigation on compensatory damages, including providing the Complainant an opportunity to submit evidence of pecuniary and non-pecuniary damages. 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.) The Agency shall complete the investigation and issue a final decision appealable to the EEOC determining the appropriate amount of damages within 150 calendar days after this decision is issued.

3. The Agency shall determine if Complainant is entitled to an award of back pay as a result of the denial of her return to her assignment in Kabul.  The Agency shall determine the appropriate amount of back pay, with interest, and other benefits due Complainant, pursuant to 29 C.F.R. § 1614.501, no later than sixty (60) calendar days after the date this decision is issued.  The Complainant shall cooperate in the Agency’s efforts to compute the amount of back pay and benefits due, and shall provide all relevant information requested by the Agency.  We note that the Agency should consider if there would have been a difference in locality pay and benefits to Complainant including but not limited to promotions or other incentives for an assignment in Kabul, Afghanistan.

If there is a dispute regarding the exact amount of back pay and/or benefits, the Agency shall issue a check to the Complainant for the undisputed amount within sixty (60) calendar days of the date the Agency determines the amount it believes to be due.  The Complainant may petition for enforcement or clarification of the amount in dispute.  The petition for clarification or enforcement must be filed with the Compliance Officer, at the address referenced in the statement entitled “Implementation of the Commission’s Decision.”

4. Within sixty (60) days from the date this decision is issued, the Agency is ordered to provide at least eight (8) hours of training to the responsible officials covering their responsibilities under the Rehabilitation Act. The training shall cover the Agency’s obligations regarding the provision of reasonable accommodation, as well as its obligation to conduct an individualized assessment pursuant to the direct threat defense.

5. If Complainant has been represented by an attorney (as defined by 29 C.F.R. § 1614.501(e)(1)(iii)), she is entitled to an award of reasonable attorney’s fees and costs incurred in the processing of the complaint, including this appeal.  29 C.F.R. § 1614.501(e).  The award of attorney’s fees shall be paid by the Agency.  The attorney shall submit a verified statement of fees to the Agency — not to the Equal Employment Opportunity Commission, Office of Federal Operations — within sixty (60) calendar days of this decision is issued.  The Agency shall then process the claim for attorney’s fees in accordance with 29 C.F.R. § 1614.501.

The State Department was also ordered to post this order within 30 days of the date of the decision for a duration of 60 consecutive days.

The Agency is ordered to post at its Washington D.C. facility 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 is issued, 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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Operation Island Express II Nets Two Document Suppliers in Puerto Rican Identity Trafficking Scheme

Posted: 1:14 am ET

 

On March 14, 2017, USDOJ announced that two identity document suppliers were sentenced to prison for their role in trafficking the identities of Puerto Rican U.S. citizens and corresponding identity documents:

Francisco Matos-Beltre, 43, a Dominican national who became a U.S. citizen in 2013, formerly of Philadelphia, was sentenced to serve 51 months in prison and three years’ supervised release. Isaias Beltre-Matos, 46, a Dominican national and legal permanent resident formerly of Providence, Rhode Island, was sentenced to serve 51 months in prison and three years’ supervised release. Both defendants were sentenced before U.S. District Judge Juan M. Perez-Gimenez of the District of Puerto Rico. Beltre-Matos pleaded guilty on Aug. 10, 2016, to conspiracy to commit identification fraud and commit human smuggling for financial gain. Matos-Beltre pleaded guilty on Sept. 14, 2016, to conspiracy to commit identification fraud and commit human smuggling for financial gain.

According to admissions made in connection with the pleas, identity document runners located in the Savarona area of Caguas, Puerto Rico, obtained Puerto Rican identities and corresponding identity documents. Other conspirators, identified as identity document suppliers and brokers, located in various cities throughout the United States allegedly solicited customers for the sale of social security cards and corresponding Puerto Rico birth certificates for prices ranging from $400 to $1,200 per set. The defendants also admitted that the conspirators used the U.S. mail to complete their illicit transactions.

According to the pleas, Beltre-Matos admitted that he sold identity documents to customers, who generally obtained the identity documents to assume the identity of Puerto Rican U.S. citizens and to obtain additional identification documents, such as legitimate state driver’s licenses. Some customers obtained the documents to commit financial fraud and attempted to obtain a U.S. passport, according to the plea agreement. Matos-Beltre also admitted to being a document supplier and that he bought and transferred identity documents belonging to real people to document brokers. Matos-Beltre admitted that he knew his customers would fraudulently use the documents that he provided.

Diplomatic Security special agents record evidence seized during a training exercise to execute a search warrant in suburban Washington, D.C., July 21, 2009. U.S. Department of State Photo.

USDOJ also announced the contact info for potential victims:

Potential victims and the public may obtain information about the case at: www.justice.gov/criminal/vns/caseup/beltrerj.html. Anyone who believes their identity may have been compromised in relation to this investigation may contact the ICE toll-free hotline at 1-866-DHS-2ICE (1-866-347-2423) and its online tip form at www.ice.gov/tipline. Anyone who may have information about particular crimes in this case should also report it to the ICE tip line or website.

Anyone who believes that they have been a victim of identity theft, or wants information about preventing identity theft, may obtain helpful information and complaint forms on various government websites including the Federal Trade Commission ID Theft Website, www.ftc.gov/idtheft. Additional resources regarding identity theft can be found at www.ojp.usdoj.gov/ovc/pubs/ID_theft/idtheft.htmlwww.ssa.gov/pubs/10064.htmlwww.fbi.gov/about-us/investigate/cyber/identity_theft; and www.irs.gov/privacy/article/0,,id=186436,00.html.

USDOJ credits the Chicago offices of ICE-HSI, USPIS, DSS and IRS-CI for leading the investigation, dubbed Operation Island Express II.  Also cited are HSI San Juan and the DSS Resident Office in Puerto Rico, the HSI Assistant Attaché office in the Dominican Republic and International Organized Crime Intelligence and Operations Center (IOC-2).  Trial Attorneys Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section and Frank Rangoussis of the Criminal Division’s Human Rights and Special Prosecutions Section prosecuted the case, and the U.S. Attorney’s Office of the District of Puerto Rico was cited for providing assistance.

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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

 

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WH/OMB Releases FY2018 Budget Blueprint – @StateDept/@USAID Hit With 28% Funding Cuts

Posted: 2:14 am ET

 

WaPo posted a copy of President Trump’s budget proposal for FY2018 which OMB calls “America First: A Budget Blueprint to Make America Great Again”. Important to note that this is a proposal and that Congress has ultimate control over government funding. We’ll have to wait and see what Congress will do with this request and which cabinet secretary will decline the funds if the Hill insists on the agency/agencies getting more money than the Trump request. We’ve extracted the 2-page relevant to the State Department below:

The Department of State, the U.S. Agency for International Development (USAID), and the Department of the Treasury’s International Programs help to advance the national security interests of the United States by building a more democratic, secure, and prosperous world. The Budget for the Department of State and USAID diplomatic and development activities is being refocused on priority strategic objectives and renewed attention is being placed on the appropriate U.S. share of international spending. In addition, the Budget seeks to reduce or end direct funding for international organizations whose missions do not substantially advance U.S. foreign policy interests, are duplicative, or are not well—managed. Additional steps will be taken to make the Department and USAID leaner, more efficient, and more effective. These steps to reduce foreign assistance free up funding for critical priorities here at home and put America first.

The President’s 2018 Budget requests $25.6 billion in base funding for the Department of State and USAID, a $10.1 billion or 28 percent reduction from the 2017 annualized CR level. The Budget also requests $12.0 billion as Overseas Contingency Operations funding for extraordinary costs, primarily in war areas like Syria, Iraq, and Afghanistan, for an agency total of $37.6 billion. The 2018 Budget also requests $1.5 billion for Treasury International Programs, an $803 million or 35 percent reduction from the 2017 annualized CR level.

The President’s 2018 Budget:

➡ Maintains robust funding levels for embassy security and other core diplomatic activities while implementing efficiencies. Consistent with the Benghazi Accountability Review Board recommendation, the Budget applies $2.2 billion toward new embassy construction and maintenance in 2018. Maintaining adequate embassy security levels requires the efficient and effective use of available resources to keep embassy employees safe.

➡ Provides $3.1 billion to meet the security assistance commitment to Israel, currently at an all-time high; ensuring that Israel has the ability to defend itself from threats and maintain its Qualitative Military Edge.

➡ Eliminates the Global Climate Change Initiative and fulfills the President’s pledge to cease payments to the United Nations’ (UN) climate change programs by eliminating U.S. funding related to the Green Climate Fund and its two precursor Climate Investment Funds.

➡ Provides sufficient resources on a path to fulfill the $1 billion U.S. pledge to Gavi, the Vaccine Alliance. This commitment helps support Gavi to vaccinate hundreds of millions of children in low-resource countries and save millions of lives.

➡ Provides sufficient resources to maintain current commitments and all current patient levels on HIV/AIDS treatment under the President’s Emergency Plan for AIDS Relief (PEPFAR) and maintains funding for malaria programs. The Budget also meets U.S. commitments to the Global Fund for AIDS, Tuberculosis, and Malaria by providing 33 percent of projected contributions from all donors, consistent with the limit currently in law.

➡ Shifts some foreign military assistance from grants to loans in order to reduce costs for the U.S. taxpayer, while potentially allowing recipients to purchase more American-made weaponry with U.S. assistance, but on a repayable basis.

➡ Reduces funding to the UN and affiliated agencies, including UN peacekeeping and other international organizations, by setting the expectation that these organizations rein in costs and that the funding burden be shared more fairly among members. The amount the U.S. would contribute to the UN budget would be reduced and the U.S. would not contribute more than 25 percent for UN peacekeeping costs.

➡ Refocuses economic and development assistance to countries of greatest strategic importance to the U.S. and ensures the effectiveness of U.S. taxpayer investments by rightsizing funding across countries and sectors.

➡ Allows for significant funding of humanitarian assistance, including food aid, disaster, and refugee program funding. This would focus funding on the highest priority areas while asking the rest of the world to pay their fair share. The Budget eliminates the Emergency Refugee and Migration Assistance account, a duplicative and stovepiped account, and challenges international and non-governmental relief organizations to become more efficient and effective.

➡Reduces funding for the Department of State’s Educational and Cultural Exchange (ECE) Programs. ECE resources would focus on sustaining the flagship Fulbright Program, which forges lasting connections between Americans and emerging leaders around the globe.

➡ Improves efficiency by eliminating overlapping peacekeeping and security capacity building efforts and duplicative contingency programs, such as the Complex Crises Fund. The Budget also eliminates direct appropriations to small organizations that receive funding from other sources and can continue to operate without direct Federal funds, such as the East-West Center.

➡ Recognizes the need for State and USAID to pursue greater efficiencies through reorganization and consolidation in order to enable effective diplomacy and development.

➡ Reduces funding for multilateral development banks, including the World Bank, by approximately $650 million over three years compared to commitments made by the previous administration. Even with the proposed decreases, the U.S. would retain its current status as a top donor while saving taxpayer dollars.

Read the document in full:

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Lonesome Rex to Make Inaugural Trip to Asia Without His Traveling Press?

Posted: 2:37 am ET

 

Secretary Tillerson knew when he took this job that he would be the face and the voice of America to the world. That includes talking to the press, and more importantly answering questions from the press corps. We get that he’s new at this but he better get it together fast; he’s now one of our most prominent public servants, and he cannot continue to evade the press and avoid answering questions without running afoul of one of his three core principles.

NBC’s Andrea Mitchell  has now been escorted twice out of a State Department presser. Reporters were also previously escorted out during the Lavrov-Tillerson meeting in Germany. We betcha when Secretary Tillerson starts talking to the press, reporters would not have to shout their questions during every 30-second photo-op. And now, we’re hearing that Secretary Tillerson is making his inaugural trip to Asia next week. He will be traveling with the new Acting Assistant Secretary of State for the EAP Bureau Susan Thornton who assumed post after Danny Russel’s recent departure.  According to the State Department, Secretary Tillerson will arrive in Tokyo on March 15, continue on to Seoul on March 17, and travel to Beijing on March 18 —  apparently without his traveling press.

Here is the official word on this according to the acting @StateDept spox, Mark Toner:

[W]ith respect to the trip to Asia, we’re still working out the logistics, so I really can’t say specifically or speak definitively, I guess, as to whether we will be able to accommodate any press on the Secretary’s plane. I think we’re all aware that it is a smaller plane for this particular trip. There will, as you know, going to – there will be some U.S. media who will be traveling to the destinations, each destination, and of course, we will do our utmost to support them at those destinations and provide whatever access we can.  And I think going forward, the State Department is doing everything it can to – and will do everything it can to accommodate a contingent of traveling media on board the Secretary’s plane.

Wait, Secretary Tillerson’s minders did not purposely select a smaller plane, did they?  The smaller plane excuse would only really work had Secretary Tillerson traveled with the full press during his trips to Mexico and Germany, then say, hey, can’t this time because we’re forced to use a smaller plane. But in Mexico, Secretary Tillerson reportedly only traveled with press pools, took a small plane and had one writer and one photographer. So this is starting to look like this could be the new normal.  If he can get away with not taking his traveling press this time, are we looking at our top diplomat ditching the press for good in the future?  This is, of course, worrisome coz how are we going to Make America Great Again if we can’t even provide a good size plane for our chief diplomat and his traveling press?

Folks, this doesn’t look good. You need to make this right. And hey, about the milkbox, does he have a favorite color?

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Staffing the State Department: Campaign Staffers and Supporters Find a New Home

Posted: 1:16 am ET

 

We’ve previously posted in this blog the names of the Trump landing team at the State Department (see Trump Transition: Agency Landing Team For @StateDept Includes Old Familiar NamesTrump Transition: Additional Agency Landing Team Members For @StateDept).

On March 8, ProPublica released the names of more than 400 individuals who were hired by the Trump Administration across the federal government. These jobs do not require Senate confirmation.  ProPublica notes that its list represents Trump administration hires primarily made between Jan. 20 and Jan. 30, according to the Office of Personnel Management. It also says that at least a few of the officials have since moved to other agencies or left the government. The names were obtained via Freedom of Information Act requests to federal agencies.

Below are the names from the ProPublica list hired at the State Department.  Based on this list, it looks like only one from the Trump Landing Team (Ambassador Charles Glazer) has remained at the State Department as senior advisor. The rest of the names appear to include mostly former Trump campaign staffers. Note that GS for Grade level refers to the pay scale for federal employees. SES stands for Senior Executive Service, who serve in top positions the government.

If you have any information about members of the Trump beachhead teams or their roles in the agencies, contact ProPublica at beachhead@propublica.org to add to their list or via Signal at (774)-826-6240. Here is a guide for how to leak to ProPublica.

Via ProPublica

State Michael Dougherty (see) Senior Advisor GS-15 1/23/17
State John Eanes Senior Advisor SES 1/20/17
State Emily Eng (see) Staff Assistant GS-11 1/26/17
State Matthew Flynn Special Assistant GS-14 1/20/17
State Katherine Giblin Special Assistant GS-14 1/20/17
State Charles Glazer Senior Advisor GS-15 1/20/17
State Julia Haller Senior Advisor GS-15 1/23/17
State Jennifer Hazelton (see) Special Assistant GS-14 1/23/17
State Abigayle Jones (see) Staff Assistant GS-12 1/20/17
State Federico Klein (see) Staff Assistant GS-09 1/23/17
State Amanda Middlemas Special Assistant GS-13 1/24/17
State Hunter Morgen (see) Staff Assistant GS-07 1/20/17
State Matthew Mowers (see) Senior Advisor SES 1/20/17
State Christina Perrone (see) Senior Advisor GS-15 1/23/17
State Margaret Peterlin (see) Senior Advisor SES 1/25/17
State Pamela Pryor (see) Senior Advisor GS-15 1/20/17
State Jack Sewell (see) Staff Assistant GS-07 1/20/17
State Jared Smith (see) Staff Assistant GS-11 1/23/17
State Danielle Stoebe Staff Assistant GS-05 1/20/17
State Robert Wasinger (see) Senior Advisor GS-15 1/20/17
State Katheryn Wellner Special Advisor to Transition GS-15 1/23/17

 

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