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Gloria Allred: HRC prez may be liable if found to have aided in Cuomo cover-up

High-profile attorney says taking personnel file violates privacy rights

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Gloria Allred says taking a personnel file after leaving the workplace a violation of privacy rights.

Attorney Gloria Allred, responding to questions about the Human Rights Campaign president’s links to the Andrew Cuomo scandal, said taking an employee’s personnel file after leaving a place of employment would be a violation of privacy rights — and Alphonso David could be individually liable if a court found he aided in disseminating that information to the media.

“Mr. David may be individually liable under New York law if a court determines that he did in fact ‘aid and abet’ Gov. Cuomo in retaliating against Ms. Boylan by providing Gov. Cuomo’s aides with a copy of her personnel file to leak to the media,” Allred said.

Allred, the Los Angeles-based women’s rights attorney known for taking high-profile cases and the lawyer for three of the women accusing Cuomo of sexual harassment, made the assertions Tuesday via email in response to inquiries from the Washington Blade on David’s presence in the New York attorney general’s damning report, which found Cuomo violated the law by sexually harassing as many as 11 women in his office.

Asked by the Blade whether she’s aware of any New York State or federal law, policy, regulation, rule or ethics guidance against taking personnel files and whether David’s actions as described in the report would violate that, Allred said she’s not aware of any such law or rule for a departing public entity employee, but didn’t stop there.

“I would argue that doing so may be violative of the privacy rights of the employees whose personnel file was taken,” Allred said.

Allred conceded public sector employees generally may have fewer privacy protections than a private sector employee, pointing out the public may request a public sector employee’s personnel file through New York’s Freedom of Information Law. Further, Allred said New York law “does not expressly state that the entire contents of an employee’s personnel file is ‘confidential.'”

Nonetheless, Allred said personnel files typically contain confidential information under New York law, including personal identifying information like Social Security numbers, home addresses, telephone numbers, personal electronic mail addresses, internet passwords, confidential medical information/history protected by HIPAA.

Disciplinary records, Allred added, may also be included in this category of confidential information “depending on a number of factors.”

“Thus, I would argue that a departing employee should not keep copies of a coworker’s personnel files because it likely contains confidential information and doing so may violate that employee’s privacy rights,” Allred concluded.

According to the New York attorney general’s report, Cuomo aides sought to distribute unflattering material from the personnel file for Lindsey Boylan, who made sexual harassment accusations against him, in an attempt to discredit her. One aide — as part of that effort — reached out to David in December 2020, after David had left the governor’s office as counsel and was serving as Human Rights Campaign president, and asked for the “full file” for Boylan, the report says.

David, according to the report, took material from a separate, unrelated employment incident unflattering to Boylan, and arranged for the material to be given to Cuomo. The report doesn’t explicitly say David participated in efforts to distribute that material to the media, which was revealed to be an incident of alleged racial discrimination. David has denied all wrongdoing.

Allred, however, said Boylan can argue that she experienced illegal retaliation in violation of New York State law because she believes the AG office sent her personnel file to the media — and David could be in trouble if a court found he helped with that effort. Allred concluded David may be “individually liable” if a court found he was engaged in efforts to leak personnel material to the media.

The Human Rights Campaign, which announced on the day after the report was released that David’s contract as president has been renewed for five years, has stood by him, but announced it has hired the law firm Sidney Austin LLP to conduct an independent investigation of the matter that will take no longer than 30 days.

A representative for David, asked by the Washington Blade to respond to Allred’s assertions, denied the underpinnings on which they were made, saying the Human Rights Campaign president didn’t take a “personnel file.”

“David did not take any employee’s ‘personnel file’ as suggested,” the representative said. “This claim arises from blatant misinformation concerning Mr. David’s role in the Cuomo investigation. Mr. David did keep a copy of a memorandum concerning a matter he worked on because it was, in part, his work product (which is entirely permissible and standard practice for many).”

The legal representative added “to be absolutely clear,” as David has said before, he was required to produce the memo pursuant to rule 1.16 of the rules governing legal counsel.

“He did not provide any documents to the media concerning any Cuomo accuser,” the representative said. “This insinuation is categorically false and is not supported by any finding in the Attorney General’s investigation.”

Allred, asked to respond to those refutations, made clear she never said David undertook those actions in responding to the Blade’s question on his actions as described in the New York attorney general report.

“I never stated that Mr. David provided any documents to the media concerning any Cuomo accuser, nor did I ever state that Mr. David took any employee personnel file or records,” Allred said.

The situation with David continues to leave the Human Rights Campaign in turmoil After a tense staff meeting last week, another meeting with David, the board and staff took place over the phone on Tuesday that was emotional and confrontational, sources familiar with the meeting told the Blade.

David spoke at the beginning, reiterated his denial of wrongdoing, was emotional, but mostly stepped aside so others could talk, sources said. Michael Vazquez, an HRC staffer who has worked on faith organizing for the LGBTQ group, announced he is leaving, citing a culture of bullying and harassment, sources said.

A representative for the Human Rights Campaign, asked to comment on the meeting, confirmed it took place, but said it was a regularly scheduled staff meeting.

It’s unclear whether the situation will have any major impact on the ability of the nation’s leading LGBTQ group to conduct its mission, or whether its fundraising efforts have suffered, which could lead to layoffs for an organization already experiencing high turnover.

The HRC representative referred the Blade to an earlier statement on the matter when asked about changes in fundraising or plans for layoffs.

“This investigation will in no way hinder the organizations’ continued pursuit of the critical work necessary to bring equity and liberation to the LGBTQ+ community,” the representative said.

Allred, in addition to representing women in sexual assault cases, has been an advocate for LGBTQ rights and represented a same-sex couple in California that won marriage rights in the state in 2008 before they were taken away by Proposition 8 and later restored by the U.S. Supreme Court.

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U.S. Supreme Court

Supreme Court rules White House can implement anti-trans passport policy

ACLU, Lambda Legal filed lawsuits against directive.

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(Bigstock photo)

The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with “X” gender markers.

President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”

The White House only recognizes two genders: male and female.

The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.

A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled against the Trump-Vance administration’s motion to delay the move.

A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)

 “This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.”

Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.

The Supreme Court ruling is here.

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The White House

Political leaders, activists reflect on Dick Cheney’s passing

Former VP died on Monday at 84

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Former Vice President Dick Cheney (Bigstock photo)

Dick Cheney, the 46th vice president of the United States who served under President George W. Bush, passed away on Monday at the age of 84. His family announced Tuesday morning that the cause was complications from pneumonia and cardiac and vascular disease.

Cheney, one of the most powerful and influential figures in American politics over the past century, held a long and consequential career in public service. He previously served as White House chief of staff for President Gerald Ford, as the U.S. representative for Wyoming’s at-large congressional district from 1979-1989, and briefly as House minority whip in 1989.

He later served as secretary of defense under President George H.W. Bush before becoming vice president during the George W. Bush administration, where he played a leading behind-the-scenes role in the response to the Sept. 11 attacks and in coordinating the Global War on Terrorism. Cheney was also an early proponent of the U.S. invasion of Iraq, falsely alleging that Saddam Hussein’s regime possessed weapons of mass destruction and had ties to al-Qaeda.

Cheney’s personal life was not without controversy.

In 2006, he accidentally shot Harry Whittington, a then-78-year-old Texas attorney, during a quail hunt at Armstrong Ranch in Kenedy County, Texas — an incident that became the subject of national attention.

Following his death, tributes and reflections poured in from across the political spectrum.

“I am saddened to learn of the passing of former Vice President Dick Cheney,” former Vice President Kamala Harris posted on X. “Vice President Cheney was a devoted public servant, from the halls of Congress to many positions of leadership in multiple presidential administrations,” she added. “His passing marks the loss of a figure who, with a strong sense of dedication, gave so much of his life to the country he loved.”

Harris was one of the Democrats that the Republican had supported in recent years following Trump’s ascent to the White House.

Former President Joe Biden, who served as former President Obama’s vice president, said on X that “Dick Cheney devoted his life to public service — from representing Wyoming in Congress, to serving as Secretary of Defense, and later as vice president of the United States.”

“While we didn’t agree on much, he believed, as I do, that family is the beginning, middle, and end. Jill and I send our love to his wife Lynne, their daughters Liz and Mary, and all of their grandchildren,” he added.

Human Rights Campaign Senior Vice President of Federal and State Affairs JoDee Winterhof reflected on Cheney’s complicated legacy within the LGBTQ community.

“That someone like Dick Cheney, whose career was rife with anti-LGBTQ+ animus and stained by cruelty, could have publicly changed his mind on marriage equality because of his love for his daughter is a testament to the power and necessity of our stories.”

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Pelosi won’t seek re-election next year

Longtime LGBTQ ally played key role in early AIDS fight

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Nancy Pelosi is retiring after nearly 40 years in Congress. (Photo courtesy of the Office of Nancy Pelosi)

Rep. Nancy Pelosi, the nation’s first and only female speaker of the U.S. House of Representatives and a lifelong LGBTQ ally, announced Thursday that she will not seek re-election next year, after 38 years in Congress, many of them as House party leader.

“I have truly loved serving as your voice in Congress, and I have always honored the song of St. Francis, ‘Lord make an instrument of thy peace,’ the anthem of our city. That is why I want you, my fellow San Franciscans, to be the first to know. I will not be seeking reelection to Congress,” Pelosi, 85, announced in a video.

Pelosi has represented San Francisco in the U.S. House of Representatives since 1987.

Her time in Congress began with the AIDS crisis, and she has kept up the fight ever since, as the Washington Blade reported in an exclusive and wide-ranging 2023 interview conducted just after she left House leadership. 

Some excerpts from that interview:

“After committing herself and Congress to the fight against HIV/AIDS during her first speech from the floor of the House in 1987, Pelosi said some of her colleagues asked whether she thought it wise for her feelings on the subject to be “the first thing that people know about you” as a newly elected member.

“They questioned her decision not because they harbored any stigma, but rather for concern over how “others might view my service here,” Pelosi said. The battle against HIV/AIDS, she told them, “is why I came here.”

“It was every single day,” she said. 

“Alongside the “big money for research, treatment, and prevention” were other significant legislative accomplishments, such as “when we] were able to get Medicaid to treat HIV [patients] as Medicaid-eligible” rather than requiring them to wait until their disease had progressed to full-blown AIDS to qualify for coverage, said Pelosi, who authored the legislation.

“That was a very big deal for two reasons,” she said. First, because it saved lives by allowing low-income Americans living with HIV to begin treatment before the condition becomes life-threatening, and second, because “it was the recognition that we had this responsibility to intervene early.”

“Other milestones in which Pelosi had a hand include the Housing Opportunities for People with AIDS program, President Bush’s PEPFAR (President’s Emergency Plan For AIDS Relief) initiative, the Affordable Care Act (which contains significant benefits for Americans living with HIV/AIDS), and funding for the Ending the Epidemic initiative. 

“Outside the U.S. Capitol building, Pelosi has also been celebrated by the LGBTQ community for signaling her support through, for example, her participation in some of the earliest meetings of the NAMES Project AIDS Memorial Quilt, her meeting with the survivors of the 2016 Pulse nightclub massacre, and her appearance at a host of LGBTQ events over the years.  

“Of course, at the same time, Pelosi has been a constant target of attacks from the right, which in the past few years have become increasingly violent. During the siege of the Capitol on Jan. 6, 2021, her office was ransacked by insurrectionists who shouted violent threats against her. A couple of weeks later, unearthed social media posts by far-right Rep. Marjorie Taylor Greene (Ga.) revealed she had signaled support for executing Pelosi along with other prominent House Democrats. And last October, the speaker’s husband Paul Pelosi suffered critical injuries after he was attacked by a man wielding a hammer who had broken into the couple’s San Francisco home. 

“Pelosi told CNN last week that her husband is “doing OK,” but expects it will “take a little while for him to be back to normal.”

“Among her fans in progressive circles, Pelosi – who has been a towering figure in American politics since the Bush administration – has become something of a cultural icon, as well. For instance, the image of her clapping after Trump’s State of the Union speech in 2019 has been emblazoned on coffee mugs.

“What is so funny about it,” Pelosi said, is rather than “that work [over] all these years as a legislator,” on matters including the “Affordable Care Act, millions of people getting health care, what we did over the years with HIV/AIDS in terms of legislation, this or that,” people instead have made much ado over her manner of clapping after Trump’s speech. And while the move was widely seen as antagonistic, Pelosi insisted, “it was not intended to be a negative thing.” 

“Regardless, she said, “it’s nice to have some fun about it, because you’re putting up with the criticism all the time – on issues, whether it’s about LGBTQ, or being a woman, or being from San Francisco, or whatever it is.” 

Human Rights Campaign President Kelley Robinson in a statement said there “will never be another Nancy Pelosi.”

“Throughout her career, Speaker Emerita Pelosi has remained a tireless champion for LGBTQ+ equality and worked alongside LGBTQ+ advocates to pass historic legislation that expanded access to health care, protected marriage equality, honored Matthew Shepard with federal hate crimes protections and ended ‘Don’t Ask, Don’t Tell,’” said Robinson. “Her steel spine, allyship and keen insight have served as powerful tools in our shared fight for progress and we are grateful for her unwavering commitment to our community.”

House Minority Leader Hakeem Jeffries (D-N.Y.) described Pelosi as an “iconic, heroic, trailblazing, legendary, and transformational leader” who is “the greatest speaker of all time.” President Donald Trump, for his part, told Peter Doocy that Pelosi’s retirement “is a great thing for America.”

“She was evil, corrupt, and only focused on bad things for our country. She was rapidly losing control of her party, and it was never coming back,” said Trump. “I’m very honored that she impeached me twice and failed miserably twice. Nancy Pelosi is a highly overrated politician.”

Gay California Congressman Mark Takano in a statement said he will “miss” Pelosi “immensely.”

“At a time of extraordinary challenge and change, her leadership has been a constant,” said Takano. “She has guided our caucus and our country through some of our hardest moments. But her legacy reaches far beyond the landmark legislation she passed. It lives in the people she mentored, the values she imparted, and the example she set for every person who believes that politics can still be a force for good.”

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