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New York AG report on Cuomo ensnares Human Rights Campaign head

The explosive report from the NY AG sent shockwaves at a time when the country is still grappling with the treatment of women in the workplace

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HRC president Alphonse David testifying before a congressional committee (Blade file photo by Michael Key)

WASHINGTON – The damning report finding New York Gov. Andrew Cuomo violated the law by sexually harassing as many as 11 women on his staff has ensnared the president of the nation’s leading LGBTQ advocacy group, Alphonso David of the Human Rights Campaign.

Although David insists the report does not indicate any wrongdoing on his behalf, the findings indicate after his tenure as counselor to Cuomo, that he kept the personnel file for an employee within the office accusing the governor of sexual misconduct, then assisted in efforts to leak that file to the media in an attempt to discredit her.

Further, the report finds David allegedly said he would help find individuals to sign their names to a draft op-ed that sought to discredit the survivor, but went unpublished, although he wouldn’t sign the document himself. Also, the report indicates David was involved in the discussions about another staffer secretly calling and recording a call between a former staffer and another survivor in a separate effort to smear her.

Nearly a dozen references are made in the report to David, who prior to his tenure as president of the Human Rights Campaign served as counsel for Cuomo. In fact, the report came out on the two-year anniversary of David’s joining the Human Rights Campaign after his time in public service for the State of New York.

The explosive report from New York Attorney General Letitia James sent shockwaves when it came out Tuesday at a time when the country is still grappling with the treatment of women in the workplace after the “Me Too” movement, prompting fellow Democrats — including President Biden — to call on Cuomo to resign. Cuomo has denied the conclusions of the report and not given any indication he’ll step down from his position as governor.

Nearly a dozen references are made in the report to David, who prior to his tenure as president of the Human Rights Campaign served as counsel for Cuomo. In fact, the report came out on the two-year anniversary of David’s joining the Human Rights Campaign after his time in public service for the State of New York.

Following the issuing of the report on Tuesday, David joined the chorus of high-profile individuals calling on Cuomo to resign as governor. David tweeted, “After reading the AG’s devastating report that concluded Gov. Cuomo engaged in a pattern of sexual harassment, in violation of both federal and state law, he should resign.” The tweet, however, ignores his mentions in the findings or alleged participation in discrediting sexual harassment survivors.

Criticism of David emerged from both the right and left in the aftermath of the report at a time when morale among many in the LGBTQ movement is low amid states advancing and enacting anti-transgender legislation and inaction on the Equality Act in Congress.

The Human Rights Campaign itself has had significant turnover, including in the communications department. Last year, the organization laid off 22 employees, citing the coronavirus pandemic, at a time when the latest IRS 990 for the organization revealed former president Chad Griffin and David drew combined compensation of more than $825,000 in fiscal year 2019. (From January-August 2019, Griffin earned $570,446 plus $18,771 in other compensation; David earned $229,332 and $7,016 in other compensation for the balance of that year after taking over the job.)

David, responding to the report on Cuomo in an email to board members of the Human Rights Campaign and in a phone interview late Tuesday with the Washington Blade, is standing firm in denying any wrongdoing.

In the email to board members, David said the findings “are beyond comprehension to me and they break my heart as a former employee,” referencing the tweet he made calling for Cuomo to resign but also addressing the sections pertaining to himself. David confirmed the accuracy of the email to the Blade.

Maintaining he “had no knowledge of the allegations of harassment outlined in the report,” David said he informed the board of ignorance on the issue “earlier this year” and except for one person, he doesn’t know any survivors referenced in the report. Further, David said that one person “never disclosed” any allegations of sexual misconduct. David discloses his “substantive engagement” with this survivor “involved an investigation of her regarding allegations of racial discrimination by other employees.”

“A final conclusion was ultimately memorialized in a privileged and confidential memo drafted and retained by counsel’s office,” David writes. “After initially being unable to find the file, the Governor’s office requested a copy of the electronic memo from me which I provided (as I am required to do as a former counsel) but my copy was subsequently not relied on because the office found the full official file.”

Addressing the unpublished op-ed intended to discredit the survivor, David writes Cuomo’s office “had reached out to many former employees requesting that we sign a letter supporting the Governor and the office,” but he “declined to sign the letter and it was never released.”

Speaking with the Blade, David confirmed the survivor whom he knows is Lindsey Boylan, a former senior staffer for Cuomo, who was among the first to accuse him of sexual misconduct in the workplace last year.

Meanwhile, the board of the Human Rights Campaign has shown no sign of turning on David. In fact, HRC announced it renewed David’s contract on his two-year anniversary for five more years.

Morgan Cox, chair of the Human Rights Campaign board of directors, and Jodie Patterson, chair of the non-profit Human Rights Campaign Foundation board of directors in a joint statement to the Washington Blade affirmed both boards “have full confidence in Alphonso David as president of the organization.”

“In recognition of his extraordinary leadership during extremely challenging times, we were proud to extend his contract to stay on in his role for five more years,” Cox and Patterson said. “For the last two years he has been boldly leading the organization as it works to achieve its mission: full equality for all LGBTQ people, in the midst of a global pandemic, a nationwide reckoning on racial justice, and the most important presidential election of our lifetimes.”

Speaking with the Blade, David also said he has no intention of stepping down from his position as president of the Human Rights Campaign voluntarily.

“This is my life’s work,” David said. “I’ve been a civil rights lawyer for 20 years. This is what I’ve been doing, this is what I did in government. I wrote the marriage equality law. I drafted the Paid Family Leave Law, drafted the minimum wage law, drafted regulations to prohibit discrimination against trans people. This is my life’s work. So, I intend to continue the work that I’ve been doing because the work of marginalized communities, the work to actually represent marginalized communities is too important.”

David’s role in the report stems mostly from the situation with Boylan. According to the report, Cuomo commented on her attractiveness, including comparing her to a former girlfriend; physically touched her on various parts of her body, including her waist, legs, and back; made inappropriate comments, including saying to her once on a plane, words to the effect of, “let’s play strip poker”; and kissed her on the cheeks and, on one occasion, on the lips.

After Boylan went public, the report says Cuomo’s aides “actively engaged in an effort to discredit her” as a survivor. Among the efforts cited in the report are “disseminating to the press confidential internal documents that painted her in a negative light and circulating among a group of current and former Executive Chamber employees (although not ultimately publishing) a proposed op-ed or letter disparaging Ms. Boylan that the Governor personally participated in drafting.”

David is mentioned in the report both during his tenure as counsel to Cuomo and during his time as Human Rights Campaign president. As part of a workplace conflict in 2018 noted in the report as unrelated to the sexual harassment but otherwise not described, David in his capacity as counsel was charged with managing the situation, the report says. Boylan tendered her resignation from the governor’s office. David, in his capacity as counsel, asked to create a file on Boylan and added the incident to her personnel file, according to the report.

David is quoted in the report as saying he kept a copy of Boylan’s files because it “may have been the only instance where [he] was actually involved in a counseling of an employee when [he] was in the Executive Chamber.”

After Boylan tweeted Cuomo is “one of the biggest abusers of all time” a secretary of Cuomo’s, Melissa DeRosa, reached out to David, who was serving as Human Rights Campaign president, on Dec. 9 for a request to see the “full file” for Boylan. David said another staffer would have the information in her possession and be able to provide the file. Days later, David sent files relating to his investigation into Boylan shortly before her departure from the governor’s office, the report says.

David is quoted in the report as saying he kept a copy of Boylan’s files because it “may have been the only instance where [he] was actually involved in a counseling of an employee when [he] was in the Executive Chamber.”

It’s not immediately clear whether David keeping a confidential personnel file of an employee after leaving the workplace violates any laws. A New York State Bar Association spokesperson said the organization has “no ethics opinion on this issue.

The report, in a subsequent section, continues to address the personnel file from which Cuomo’s office distributed unflattering information about Boylan, saying it came from “counsel’s office,” suggesting the information, at the end of the day, didn’t come from David.

A connection between David and Boylan comes up again in the report in a discussion about a potential op-ed from Cuomo’s office that was intended to discredit Boylan, but was never published. The report says David signaled he wouldn’t be among the signatories of the letter, but would help gather signatures. According to a footnote in the report, DeRosa told other former staff members whom she had asked to sign the letter David said he would sign the letter “if we need him.”

David, commenting on the unpublished op-ed when speaking with the Blade, said there were multiple iterations of the document in a draft form. Although one version was focused on more positive aspects of the workplace under Cuomo, David said another was more focused on Boylan and he wouldn’t sign it.

“I wasn’t willing to sign it because it included facts I couldn’t verify,” David said. “I was not aware of it. I wasn’t personally involved and had no personal knowledge, so I refused to sign the letter and I think everybody else did.”

David comes up in the report in the description of another survivor’s account of Cuomo’s alleged sexual misconduct, identified in the report by her first name Kaitlin.

After coming forward with sexual misconduct allegations, Kaitlin says she suspected she would be smeared for going forward, the report says. True to her predictions, Cuomo allegedly attempted to call her and surreptitiously record her, but nothing came of the effort, the report says.

David and other Cuomo staffers were involved in the internal discussion of plans to call Kaitlin and secretly record her in an effort to defame her, according to the report.

David, speaking with the Blade, said he doesn’t deny that aspect of the report, but his role in the conversation about Kaitlin was limited and pertained to his duties as counsel to Cuomo.

“In that instance, it was simply asking me, in my role as a former counsel what the law was, not the context,” David said.

Charles Moran, managing director of Log Cabin Republicans, was among those seizing on the report as evidence corporate donors should reconsider their support for the Human Rights Campaign.

“It should disturb every corporate donor to the HRC that its president Alphonso David colluded with Gov. Cuomo to smear one of the women Cuomo sexually harassed,” Moran said. “Alphonso David’s behavior is disqualifying and he should resign immediately, but the fault doesn’t just lie with him. The Human Rights Campaign markets itself as champions for LGBT Americans. In reality, it champions left-wing Democrats – apparently even those guilty of sexual harassment – and bullies anyone who gets in their way.”

Max Micallef, a queer rights activist who serves on the Advisory Council of EqualityNY and as the Public Policy Coordinator with GLSEN Lower Hudson Valley, issued a statement on Tuesday calling for both Cuomo and David to resign.

“We all deserve so much better,” Micallef said. “The LGBTQ+ community does not stand for this level of complicity and cowardice. Along with Gov. Cuomo himself, Director McMorrow and President David must step down from their positions immediately as they have clearly failed to represent the interests of LGBTQ+ New Yorkers, and advocate against their systemic violence.”

NBC News, Full Response: Gov. Cuomo Denies Allegations In Sexual Harassment Report

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California Politics

It’s official- Rep. Karen Bass enters race to become the next mayor of LA

If elected she would be the first Black woman & second Black mayor after legendary Tom Bradley who served as 38th Mayor from 1973 to 1993

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Rep. Karen Bass (D-37CA) (Photo Credit: Bass campaign provided0

LOS ANGELES – Congresswoman Karen Bass officially announced her entrance Monday as a candidate to replace her fellow Democrat outgoing Los Angeles Mayor Eric Garcetti.

“Our city is facing a public health, safety and economic crisis in homelessness that has evolved into a humanitarian emergency,” she said in a statement announcing her candidacy. “Los Angeles is my home. With my whole heart, I’m ready. Let’s do this — together.”

If Bass were to win election she would be the first Black woman mayor and the second Black mayor after Thomas Bradley, the legendary politician and former police officer who served as the 38th Mayor of Los Angeles from 1973 to 1993.

KABC 7 noted that she would be the first sitting House member to be elected mayor of Los Angeles since 1953, when Rep. Norris Poulson was elected. Then-Reps. James Roosevelt, Alphonzo Bell and Xavier Becerra lost campaigns for mayor in 1965, 1969 and 2001.

The 67-year-old member of Congress currently represents the 37th Congressional District, which encompasses Los Angeles neighborhoods west and southwest of downtown including Crenshaw, Baldwin Hills, Miracle Mile, Pico-Robertson, Century City, Cheviot Hills, West Los Angeles, Mar Vista and parts of Westwood, as well as Culver City and Inglewood. Bass was a member of the California Assembly from 2004-10, serving as that body’s speaker from 2008 to 2010.

Bass is entering an already crowded field of candidates including Los Angeles City Attorney Mike Feuer and two members of the City Council – Kevin de León and Joe Buscaino – who have already announced their campaigns for mayor.

When speculation as to her running surfaced last week, Bass spokesman Zach Seidl told the Los Angeles Times that her running was due to the fact that “Los Angeles is facing a humanitarian crisis in homelessness and a public health crisis in the disproportionate impact this pandemic has had on Angelenos,” Seidl said in a statement. “She does not want to see these two issues tear the city apart. Los Angeles has to come together. That’s why the Congresswoman is considering a run for mayor,” he added.

That seems to be the focal point and whoever is elected will face the city’s massive homelessness crisis.

Bass acknowledged this in her candidacy announcement statement this morning, writing “I’ve spent my entire life bringing groups of people together in coalitions to solve complex problems and produce concrete change — especially in times of crisis.”

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California Politics

Rep. Karen Bass to enter Los Angeles mayoral race

Bass has been working to dismantle systemic racism, as well as other forms of social, racial and economic injustice, for decades

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Rep. Karen Bass, (D-37) (Photo Credit: Blade file photo by Karen Ocamb)

LOS ANGELES – In a breaking story published Friday morning, the Los Angeles Times reported that Democratic Congresswoman Karen Bass, who represents California’s 37th congressional district, which covers several areas south and west of downtown LA will enter the mayor’s race.

U.S. Rep Karen Bass (D-Los Angeles) intends to run for Los Angeles mayor, according to three people familiar with her plans. Such a move would shake up a contest that, until this past week, which saw the field of candidates increase, had been a fairly sleepy affair. Bass, a high-profile Democrat who has served in both Sacramento and Washington, D.C., could announce her entry into the mayor’s race as early as next week, those sources told The Times.

Bass has been working to dismantle systemic racism, as well as other forms of social, racial and economic injustice, for decades. She is a community activist who was raised on civil rights activism in LA’s Jewish Venice-Fairfax district, volunteered for Bobby Kennedy’s presidential campaign in middle school, graduated from Hamilton High School in West LA in 1971, studied philosophy at San Diego University but switched her attention to healthcare, graduating from USC’s Keck School of Medicine Physician Assistant Program. She subsequently received her BA in health sciences from Cal State/Dominguez Hills and her Masters in Social Work from USC.

Bass focused that training on fighting the crack epidemic in South LA, where she founded the Community Coalition to fight for substance abuse prevention programs and better foster care and relative caregivers, like grandmothers.

She also fought the AIDS epidemic — all experience directly applicable to dealing with the ongoing Opioid crisis, as well as COVID-19.

“I went through the AIDS crisis from its very beginning. I watched all of Santa Monica Boulevard get wiped out near Vermont (Ave.). That whole area there. I watched everybody die within a matter of two years,” Bass told the Los Angeles Blade. “But I think that this [COVID-19 crisis] is really hard because you don’t have to have any physical contact….People are building the plane while it’s flying.”

Torie Osborn, the executive director of the Los Angeles Gay and Lesbian Community Services Center in 1989, met Bass at a meeting of progressive grassroots activists in a South LA church basement.

“This woman I didn’t know came up, introduced herself as Karen Bass from South LA, an anti-police violence activist and a physician assistant,” Osborn says. The two talked all day with Bass noting that the gay community’s experience of AIDS deaths was similar to what the Black community was experiencing during the crack epidemic.

“I had never heard anything like this before. She knew gay men. She clearly was an ally,” Osborn says.

Last summer the Biden campaign vetted Bass as a potential candidate for the number two spot on the Democratic ticket in the race for the White House, which ultimately ended up with then California U.S. Senator Kamala Harris as Biden’s choice.

“Los Angeles is facing a humanitarian crisis in homelessness and a public health crisis in the disproportionate impact this pandemic has had on Angelenos,” Bass spokesman Zach Seidl said in a statement, when asked for comment by the Times. “She does not want to see these two issues tear the city apart. Los Angeles has to come together. That’s why the Congresswoman is considering a run for mayor.”

Earlier this past week, another LGBTQ ally, Los Angeles City Councilman Kevin de León, a Democrat, announced his intention to seek the mayor’s chair after current Mayor Eric Garcetti, who was elected for a four-year term in 2013 and again in 2017- who’s limited to serving no more than two terms- was picked by President Joe Biden to serve as the U.S. ambassador to India on July 9, 2021.

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Head of Anti-LGBTQ group worked with Trump to overturn election

Eastman and the former president had a secret scheme to try to get former Vice-President Mike Pence to overturn election

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NOM Head John Eastman with Rudy Giuliani on January 6, 2021 (Screenshot via YouTube)

By David Badash | PROVINCETOWN, Ma. – The head of a once well-known anti-LGBTQ organization that spent countless millions in dark money to try to block the advancement of same-sex marriage worked with then-President Donald Trump and his legal team on a secret scheme to try to get Vice President Mike Pence to subvert the U.S. Constitution and overturn the results of the 2020 presidential election.

John Eastman, who until January 13 was a tenured professor of law and dean at the Chapman University School of Law in California, advanced a six-point plan detailing the steps he wanted Pence to take on January 6.

Eastman, who is the chairman of NOM, the National Organization For Marriage, “tried to convince then-Vice President Mike Pence that he could overturn the election results on January 6 when Congress counted the Electoral College votes by throwing out electors from seven states, according to the new book ‘Peril’ from Washington Post journalists Bob Woodward and Robert Costa,” CNN reports.

“You really need to listen to John. He’s a respected constitutional scholar. Hear him out,” Trump told Pence during a January 4 meeting with Eastman in the Oval Office, according to “Peril.”

In addition to directing that Pence would falsely claim that the seven states had competing electors, Eastman suggested Pence make all these moves without warning.

“The main thing here is that Pence should do this without asking for permission — either from a vote of the joint session or from the Court,” Eastman wrote. “The fact is that the Constitution assigns this power to the Vice President as the ultimate arbiter. We should take all of our actions with that in mind.”

Pence disagreed with Eastman’s legal claims and did not enact the secret scheme.

Eastman spoke at the January 6 “Save America” rally that many claim Trump used to incite the insurrection.

One week later he “abruptly” resigned from Chapman University “amid criticism of his role in stoking the violent attack,” and “calls for his firing,” Law.com reported at the time.

********************

David Badash (@davidbadash) is the founder and editor of The New Civil Rights Movement, an award-winning news & opinion site.

The preceding article was first published by The New Civil Rights Movement and is republished by permission.

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