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Grenell emails hint at initial steps in Trump effort to decriminalize homosexuality

State Dept. identified 10 countries for int’l efforts

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Ric Grenell, Richard Grenell, gay news, Washington Blade
Richard Grenell's emails hint at groundwork for campaign to decriminalize homosexuality. (Photo public domain)

Emails from the State Department — obtained by the Washington Blade from a lawsuit filed under the Freedom of Information Act — reveal the Trump administration had at least laid the preliminary groundwork for a global campaign to decriminalize homosexuality to the extent of identifying 10 countries where it was thought most possible.

The initial seven-page batch of emails, obtained by the FOIA lawsuit seeking communications from former U.S. Ambassador Richard Grenell in his capacity as leader of the initiative to decriminalize homosexuality, was delivered to the Blade last month and hints at initial steps toward a plan shortly after the announcement of the initiative. 

It’s unclear from the initial production what further efforts, if any, sprang from the identification of these 10 countries. Critics at the time said the campaign was nothing but window-dressing to cover up for anti-LGBTQ policies during the Trump administration.

In an exchange dated Aug. 23, 2019, an assistant to Grenell forwards an email from an individual whose identity is redacted on an edited list of 10 countries where “we believe decriminalization is possible.” Copied on the email is Robin Quinville, who was deputy chief of mission in Berlin.

“Per your request, attached and edited below is the list of 10 countries where LGBTI decriminalization is possible — with your and Robin’s edits incorporated,” the email is redacted.

The names of the 10 countries, however, are redacted in the exchange provided to the Blade, as is an apparent Word document attached in the exchange with a short justification for each of the countries. Also redacted are the names of two agencies an assistant in the email identifies as having “cleared” the list. 

The assistant tells Grenell the State Department’s Bureau of Democracy, Human Rights and Labor hasn’t yet responded, but the embassy “will forward their list when we receive it.”

As a result of the redactions, the identity of the 10 countries is unknown at this time. The early production given the Blade in response to a FOIA request filed in September 2020 offers no indication on the extent to which the State Department conducted further efforts to change the law in these countries, or whether there was any engagement after identifying them.

Grenell didn’t respond to the Blade’s request for comment for this article on how the identification of these 10 countries informed efforts to decriminalize homosexuality. Quinville couldn’t be reached for comment.

The initial FOIA production also includes an earlier exchange between an assistant and Grenell dated June 11, 2019, shortly after Botswana became the latest country to decriminalize homosexuality, forwarding a link to a Washington Post article on that news. The name of the assistant is redacted and may or may not be the same as the one in the other exchange.

“Some good news coming out of Botswana! Their High Court ruled today that parts of the penal code criminalizing same-sex conduct are unconstitutional,” the unidentified assistant writes.

Grenell is short in his reply: “I just tweeted about it.” It’s not clear whether or not Grenell contributed to the decriminalization efforts in Botswana other than the tweet he references. The assistant goes on to share a link from a tweet from the State Department spokesperson congratulating Botswana.

Other countries addressing the criminalization of homosexuality after the Trump administration’s initiative was announced were Gabon, which became one of the few countries in sub-Saharan Africa to decriminalize homosexuality, and Sudan, which eliminated the death penalty as punishment for homosexual conduct (although the punishment remains prison time from five years to life). 

There’s no evidence those changes happened as a result of the global initiative Grenell led. One of the aims of the Blade’s FOIA lawsuit is to shed light on any activity from the U.S. government during the Trump administration in assisting with efforts, successful or otherwise, to decriminalize homosexuality.

The redactions on the production in the FOIA lawsuit may not be the last word. FOIA was amended in 2016 to clarify federal agencies cannot redact deliberative language without demonstrating revealing that information would cause “foreseeable harm.” The Blade, represented by attorneys at Davis Wright Tremaine, LLP, will have the opportunity to challenge these redactions once the FOIA production is complete.

At the time the lawsuit was filed, the State Department cited a “sizable universe of potentially responsive records” numbering in the thousands of pages as a reason for being unable to produce the records in a more timely manner. The initial seven pages produced by the State Department are an extremely small percentage of that total.

An unnamed State Department official, in response to an inquiry submitted by the Blade’s attorneys on the reasons for the initial limited production, fell back on the ongoing coronavirus pandemic and overwhelming nature of the work, citing a need to consult “subject matter experts” before disclosing potentially sensitive material.

“That process can take considerable time, particularly given the substantial constraints that have been imposed by the ongoing COVID-19 pandemic,” the State Department response says. “Thus, it’s not necessarily the case that the size of the potentially responsive universe returned by your client’s request should dictate the size of State’s first production. Similarly, a small production set does not necessarily entail that State has not processed a sizeable number of records during the preceding processing cycle.”

The Blade, through its attorneys, has asked the State Department to determine how much of the “sizable universe” has been reviewed and determined to be responsive or non-responsive (“fully processed”) and how long would the process involving subject matter experts take.

Daniel Fiedler, representing the Blade in the FOIA lawsuit as an attorney with Davis Wright Tremaine LLP, said the initial production from the State Department was unsatisfactory.

“In December, the Department of State made its first production in response to the FOIA request submitted by the Washington Blade over a year ago,” Fiedler said. “This nominal production consisted of two email records, both heavily redacted. Such a token response after so much time is truly disheartening, and we will continue to push to ensure that the Department satisfies its obligations under FOIA.” 

Fiedler concluded: “The American public is entitled access to the records sought, and every additional day without that access causes further harm.”

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Comings & Goings

Pierce named to Virginia Governor’s LGBTQ+ Advisory Board

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Jaime Christopher Pierce

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, landed an exciting internship, or are graduating and beginning your career with a new job, let us know so we can share your success.

Congratulations to Jaime Christopher Pierce on their appointment to serve as a member of the Virginia Governor’s LGBTQ+ Advisory Board. Pierce was sworn in on Sept. 3 by Greg Parks, clerk of the Alexandria Circuit Court.  

Pierce currently serves as vice chair of the Alexandria City LGBTQIA+ Task Force and as a member of the Alexandria Pride planning committee. They previously served on the board of directors of Equality Virginia.

Upon being sworn in, Pierce said, “Public service has been a central part of my life for more than 30 years, and this appointment gives me an opportunity to serve the Commonwealth in a different and very personal way. My career has allowed me to work with people and communities throughout Virginia, and I hope to bring that experience, along with my own lived experience and my involvement in the LGBTQ+ community, to the work of the Board.” They added, “Having Greg administer the oath makes the occasion even more meaningful because of his own historic role as Virginia’s first openly gay elected circuit court clerk.”

Pierce also serves as Circuit Court Services Manager for the Department of Judicial Services, at the Office of the Executive Secretary of the Supreme Court of Virginia. They began their career in Virginia’s judiciary in 1994 as a deputy clerk with the Virginia Beach Circuit Court and have since held several professional and leadership positions within the court system. Pierce is a member of the National Association for Court Management (NACM) and the Mid-Atlantic Association for Court Management. At the national level, Pierce participated in the workgroup that developed the National Association for Court Management’s Diversity, Equity, and Inclusion Guide, a resource designed to help court professionals advance inclusive practices and strengthen access, fairness and belonging within the justice system.

Pierce earned a degree in Criminal Justice from Liberty University, and a certificate in Paralegal Studies from Norfolk State University. 

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National

Multi-billion-dollar 9/11 Victim Compensation Fund to continue until 2090

Eligibility for same-sex partner survivors remains unclear

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The September 11th Victim Compensation Fund has awarded more than $18 billion to 77,000 9/11 victims and their families since 2011. (Photo by Anthony Correia/Bigstock)

As part of its commemoration of the 25th anniversary of the 9/11 terrorist attacks, the September 11th Victim Compensation Fund, a federally operated program, released information during the past week showing it has awarded more than $18 billion to over 77,000 9/11 victims and their families since 2011. 

Officials with what’s now referred to as the VCF point out that it was created to provide compensation to individuals or to a court-approved personal representative of a deceased individual who were present at one of the three sites where the hijacked jetliners crashed. 

Among those supported under the program are thousands of rescue workers, clean-up crews, and residents living near the World Trade Center Twin Towers destruction site who became ill, many of whom later died, by being exposed to the toxic fumes created by the fire and falling debris.

“Twenty-five years since that day, the September 11th Victim Compensation Fund has  served tens of thousands of victims and their families, and we continue to receive over 750 new claims each month — a clear indication of the ongoing importance of our mission,” said Allison Turkel, VCF’s leader, who holds the title of Special Master.

In a Sept. 2 briefing for the news media in advance of the 9/11 anniversary commemoration, Turkel pointed out that the VCF operation was upgraded and expanded by separate laws passed by Congress in 2011 and 2019, with the 2019 law signed by President Trump providing full funding to “pay all eligible claims and extended the filing deadline to Oct. 1, 2090.”

LGBTQ advocacy organizations in New York and nationwide have reported that during the time shortly after the 9/11 attacks same-sex surviving partners of 9/11 victims learned they were ineligible for compensation benefits because their same-sex relationships were not legally recognized.

Nicole Nava, a VCF spokesperson, told the Washington Blade she would inquire into whether same-sex couple surviving partners were being supported under the VCF program in more recent years.

She said under long established VCF procedures, all applicants for benefit claims regarding a deceased person, whether same-sex or opposite sex, must be appointed as a Personal Representative of the deceased person by a state court. For D.C. residents, the probate division of the D.C. Superior Court appoints a Personal Representative.

“Claims for deceased victims (regardless of the cause of death) may be submitted only by the Personal Representative,” a statement on the VCF website says. “Each state has laws that define the process for appointment of the Personal Representative and the specific authority granted to that Personal Representative,” it says.

The Washington Blade couldn’t immediately determine the criteria for being approved as a Personal Representative by the D.C. Superior Court  and various state courts, including whether a same-sex survivor partner would be eligible for such an appointment. 

A spokesperson for the District of Columbia LGBTQ+ Bar Association, which includes many local attorneys who specialize in a wide range of specialized legal issues, couldn’t immediately be reached to find out if one or more of their members might be able to determine the same-sex partner eligibility for Personal Representative status.  

In her news media briefing, VCF Special Master Turkel said detailed information about how best to file a claim for 9/11 victim compensation is available on the VCF website.

“Twenty-five years since the events of September 11th , 2001, we know it has become increasingly challenging for claimants to find documents needed to prove their presence at an eligible location, which is one of the key requirements to be eligible for compensation,” she said.

She was referring to the requirement that 9/11 surviving victims seeking a claim for support for injuries or illnesses related to the 9/11 attacks must prove they were present at the World Trade Center site, the Pentagon site, or the Shanksville, Pa. site where the hijacked jetliners crashed. Those requirements are separate from the less clearly defined criteria for same-sex couple victim survivor eligibility.

“Our team is committed to ensuring no claimant feels lost or overwhelmed when submitting a claim,” Turkel said at the briefing. “We have a great helpline with real live people who can answer or refer any questions that come in,” she added. “They engage in over 4,000 calls a month on average. We encourage folks to call 1-855-1555 with any questions.”

The VCF website, which has additional detailed information, can be accessed at www.vcf.gov

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Politics

Ind. prosecutor declines to press charges over false Buttigieg child welfare complaint

Former Biden-Harris Cabinet member declined to comment on decision

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Pete Buttigieg (Washington Blade photo by Michael Key)

An Indiana prosecutor has declined to file criminal charges against a woman who made a false child welfare complaint against Pete Buttigieg.

Buttigieg, the former transportation secretary in the Biden-Harris administration, was accused in June of posing a threat to his children via an anonymous call to police that resulted in him being temporarily separated from his four-year-old twins.

Marshall County Prosecuting Attorney E. Nelson Chipman Jr. opted not to pursue charges against the Alabama woman who filed the false child welfare claim against the Democratic political figure while she was in Marshall County.

According to ABC 57, the television station in South Bend that published a letter from Michigan State Police to Indiana State Police, the 50-year-old woman, identified only as TJ of Alabama, was responsible for the “brief and intrusive investigation” into Buttigieg and his family.

In the letter to Indiana State Police, Michigan State Police described TJ’s documented alcoholism and other chemical dependencies, as well as hallucinations and delusional thinking. The prosecutor also noted that TJ has self-identified as God and claims to hear voices only she can hear.

The letter from Michigan State Police to Indiana State Police states:

“Your investigation reveals that TJ, 50 years old, has a documented history of alcohol abuse and has experienced numerous treatment facilities and programs for alcoholism and other chemical dependency over the years. Further, TJ has a long history of mental illness, manifested by hallucinations and delusional thinking which includes frequently responding to voices only she hears and grandiose ideation including self-identifying as God. She frequently reports she has enjoyed an evening meal with Barack and Michele Obama.

TJ is from Alabama. During her relatively short stay here, TJ was able to generate three separate police encounters that resulted in reports, one of which resulted in TJ’s arrest for domestic battery. I note her BAC in that case was reported at .323. I also note one of the three early reports was based upon TJ’s claim of herself being a victim of sexual abuse at the age of 3 by her mother some 47 years prior. Her explanation for such a delayed report was incoherent.

As you found out, TJ returned to Alabama and took up residence in a treatment facility only to be soon evicted for a rule violation. She currently resides in a half-way house near Alabama, with very limited mental health treatment options available. I note TJ’s abusive and harassing attitude has resulted in restricting only somewhat her access to a telephone, and that she continues to have access to computers at the facility. Obviously she may still have the ability to file additional complaints. No doubt a regrettable situation.

In light of the totality of circumstances, I am unable to conclude that TJ is capable of forming the requisite intent to support a criminal conviction for this offense. Accordingly, this office will not be filing a criminal case in this matter.

Thank you, as always, for a thorough investigation and cogent report.

Stay safe.

Best regards,

E. Nelson Chipman, Jr.

Marshall County Prosecuting Attorney”

When the situation first arose in June, Buttigieg opened up about the experience via his Substack, where he described the situation as one of the worst things that has ever happened to his family — one that resulted in him being separated from his twins, Joseph August “Gus” and Penelope Rose, for their safety.

“The caller said that he had spoken to a woman who claimed to have met me at a conference several years ago in Alabama, where she said I told her that I had committed unspeakable violent crimes, and the caller believed my children were still at risk,” Buttigieg wrote in a post he titled “A Terrible Thing Happened to My Family.” “I am a reasonable man. I try to keep as calm and low-key as possible. But I cannot describe the mix of rage and sadness that I feel at the idea that someone brought our children into this.”

A Buttigieg spokesman declined to comment on the prosecutor’s decision not to pursue charges, but did tell the Washington Post in a statement: “This has been a painful and infuriating situation for the family. They are in touch with Michigan authorities, seeking answers and accountability for what happened.”

In response to the story Buttigieg shared on his Substack, Kelley Robinson, president of the Human Rights Campaign, released the following statement:

“I know how I would feel if someone tried to come between me and my kids. This is truly bottom-of-the-barrel stuff. It takes an awful, hateful person to question someone’s fitness as a parent just because of who they are, who they love, or in Sec. Buttigieg’s case, perhaps even who he speaks out against politically. We’re thinking of Pete, Chasten, and their whole family in this moment — and we aren’t resting until all LGBTQ+ families have the kind of safety and justice every one of us deserves.”

The Washington Blade reached out to Michigan State Police after the story initially broke to ask if any disciplinary action would be imposed on the woman who made the false report, but was told to file a FOIA request to view the full report. After filing a FOIA request, the Blade was denied access to any additional information.

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