US Justice Department Asked to Look at Beyer Case
The Washington Post had this story online. I will maintain the links they put into the article.
I am skipping a lot of this article, you might want to follow the link and see more. Here is the content of Council member Duchy Trachtenberg's letter to the county attorney:
I think a lot of people in downtown Rockville are wishing this issue would go away. The Citizens for a Responsible Whatever filed some complaints against Dana Beyer, a hoax of an investigation was performed, and all complaints but one were found to be insubstantial. The investigators talked to a number of members of the Citizens for Responsible Government and anti-transgender activists, and failed to interview witnesses who could have given information supporting Beyer.
This could be the Wile E. Coyote moment for the Montgomery County Ethics Commission and County Attorney.
Just a week after Tom Perez was formally installed as chief of the Justice Department's Civil Rights division, the former Maryland labor secretary and Montgomery Council member was given a little welcoming gift Friday by council member Duchy Trachtenberg: a letter seeking to bring him into a messy Montgomery dispute regarding ethics proceedings against a transgender council staffer.
Dana Beyer, a doctor and top Trachtenberg aide, says claims she threatened or tried to intimidate opponents of a 2007 transgender rights law are baseless. Beyer helped craft the transgender law and is the first person to use it. Last week Beyer filed a discrimination complaint against Montgomery's ethics commission, which is moving forward with a rare hearing on the accusations against her. She said Trachtenberg's letter asks for Perez's "guidance" on the matter. Trachenberg's office declined to release the letter, but said they'll release his response when one comes.
Trachtenberg on Friday did release a letter she sent Montgomery county attorney Leon Rodriguez reiterating her objection to a search of Beyer's e-mail by a county technology official working on behalf of investigators in the county attorney's office and the ethics commission.
The computer files were searched by keywords connected to the investigation, but nothing improper was found, according to county documents. New U.S. civil rights chief pulled back into transgender staffer fight in Montgomery
I am skipping a lot of this article, you might want to follow the link and see more. Here is the content of Council member Duchy Trachtenberg's letter to the county attorney:
Dear Mr. Rodriguez:
As you may know, the report dated September 8, 2009, from your office to the Montgomery County Ethics Commission in the matter of the investigation of Dr. Dana Beyer, a member of my staff, contained the extraordinary revelation that Dr. Beyer's workplace computer was swept by a DTS technician in the course of the County Attorney's investigation undertaken at the direction of the Ethics Commission.
The Montgomery County Administrative Procedure regulation that directly relates to the use of county-provided Internet, Intranet and Electronic Mail Services states: "Upon the approval of the email user's department head and the CIO, system administrators in DTS or the e-mail user's department may access an employee's e-mail messages and computer files related to the employee's use of the County's Internet, Intranet and e-mail services."
In this case, it is my understanding that the search of Dr. Beyer's computer was conducted without the consent of the Council Staff Director (the department head) and certainly without my consent or Dr. Beyer's consent. Such a search constitutes a deliberate and willful violation of county administrative rules. It is particularly problematic that an Executive Branch agency would undertake to conduct a secret search of the computer files of a sitting Member of the County Council without the consent of the Councilmember or any authorized official of the Council.
Accordingly, I am requesting an immediate (within one week time) response from your office to the following questions:
- What member or official of the Ethics Commission requested the computer search?
- Who in the County Attorney's office, if anyone, authorized the computer search?
- Who else, if anyone, purported to authorize the computer search?
- Who actually performed the computer search?
- On what day did it occur?
- Who provided access to my private, Councilmember office suite, which is locked after business hours?
- Was my own computer swept as part of this investigation?
- If so, please provide answers to questions 1 through 6 with respect to the search of my computer.
- Please provide written documentation of any computer(s) searches; specifically, what was searched; using what key words; and subsequent findings.
You can certainly understand that I am most dismayed that any Executive Branch agency or office would undertake a clandestine, and evidently unlawful, search of confidential files in the office of a sitting Councilmember. And I intend on getting to the bottom of this reckless abuse of authority. The people of Montgomery County have an expectation of transparent and ethical behavior on the part of all public servants. And they deserve no less.
Respectfully,
Councilmember Duchy Trachtenberg
CC: Mr. Tim Firestine, CAO
Mr. Steve Farber, Council Staff Director
I think a lot of people in downtown Rockville are wishing this issue would go away. The Citizens for a Responsible Whatever filed some complaints against Dana Beyer, a hoax of an investigation was performed, and all complaints but one were found to be insubstantial. The investigators talked to a number of members of the Citizens for Responsible Government and anti-transgender activists, and failed to interview witnesses who could have given information supporting Beyer.
This could be the Wile E. Coyote moment for the Montgomery County Ethics Commission and County Attorney.
posted by JimK at 8:46 PM
17 Comments:
"all complaints but one were found to be insubstantial"
that's also a good word to describe the computer search
it was done pursuant to a legitimate investigation and there is no evidence that any of the data was disclosed to anyone other than the investigator or used for any purpose other than to make his determination
whether it was technically a violation of some administrative policy is yet to be seen but even if that were so, it wouldn't rise to the level of the behavior Dr Beyer was found guilty of by the Ethics Commission
This was CRC being vindictive towards Dana because they lost their political campaign, nothing more or less. Unfortunately, as a result, hard-working government personnel on one side or the other will be injured in their reputations.
What would Jesus do?
"a messy Montgomery dispute regarding ethics proceedings against a transgender council staffer"
What's messy about it? No other Council member is supporting Trachtnberg's outrageous claim. Rodriguez says his office often searches e-mails on county-owned computers when they receive ethics complaints so while it's possible he didn't jump through the right administrative hoops, there is no indication of any bias.
Trachtenberg, a wicked individual, whose legislative activities to encourage more abortion in MC was denounced by the editorial board of the Washington Post yesterday, has also filed another complaint against the inspector general in a seperate matter. Another council member, Valerie Ervin, has come to the IG's defense. Trachtenberg is gaining a reputation as the goblin who cried wolf.
Of course, it's worth noting that this is exactly the problem with the transgender discrimination law. It gives more rights to certain individuals than others by giving them a weapon to wield anytime they have a setback. Fortunately, in this case, the facts are clear enough that the Ethics Commission is under no real threat but if the situation were a little murkier, the transgender would have a tool to use that most citizens don't. That's not equal protection under the law.
While Dana's activties were clearly outrageous in a civil democratic society, most matters of discrimination allegations are murkier.
"This was CRC being vindictive towards Dana because they lost their political campaign, nothing more or less."
Oh, poor dear Dana. She just innocently believed if she went out and lied to store owners to get them throw petitioners off their property and if she scared petitioners by having a county official's assistant tell them they were acting illegally, that no one would complain.
How vindictive could those petitioners be?
How would they like it if THEY were an assistant to an elected official and THEY wanted to interfere with a citizen's right to petition and then someone complained?
Why can't these petitioners follow the golden rule? Whoever has the gold rules. (that would be "Chevy Chase" Beyer)
"Unfortunately, as a result, hard-working government personnel on one side or the other will be injured in their reputations."
Actually, only one side's reputation is injured. No other assistant to a Council member has ever pulled a stunt like Dana did. The rest of the Council and their staff are, no doubt, wisely seeking to distance themselves from the wicked Tractenberg and her accomplice, Dana Beyer.
"What would Jesus do?"
You seem to have an idea.
Please share it with the group.
"US Justice Department Asked to Look at Beyer Case"
What if they say no?
Will they get a bias suit filed against them?
How long can the wicked Duchy keep up this witch hunt before everyone notices that she's trying to defy gravity?
Now we see it, the discrimination in the heart of *Wicked* Anon (the word for the day, apparently) in the lies and spin posted here.
Rodriguez says his office often searches e-mails on county-owned computers when they receive ethics complaints so while it's possible he didn't jump through the right administrative hoops, there is no indication of any bias.
And every time he has, he's gone through the "right administrative hoops," except in the case of the transgender's "county-owned computer." Sounds like evidence of an anti-TG bias to me.
discrimination law. It gives more rights to certain individuals than others
Nice spin, but in Montgomery County, the anti-discrimination law gives **everyone the same right** to live free of discrimination based on "race, color, national origin, religion, gender, age, marital status, socio-economic status, sexual orientation, gender identity, physical characteristics, or disability."
Using Anon's logic, each of these categories of people has "more rights...than others." Who is *not* covered by this anti-discrimination law? No one. If you are white straight Christian, you are protected on the basis of your race, sexual orientation, and religion.
the facts are clear enough that the Ethics Commission is under no real threat
Well, the facts are becoming clear, but the Ethics Commission should be worried. An ethics investigation that only interviews witnesses who were supporters of those who filed the ethics complaint and does not interview witnesses who were from the other side of the debate, is by definition one-sided, biased, and unethical.
Dana's activties were clearly outrageous in a civil democratic society
All of Dana's activities, except for one alleged by shower nut Harold Steven Schaal at the Arliss Road Giant, were found to be perfectly permissible and ethical, and a hearing is to be held on the single remaining complaint. So far, neither the Ethics Commission nor the County Attorney has interviewed the TTF witnesses who were there with Dana that day. These agencies have so far acted in a biased manner on the testimony of only the accuser and this hearing had better include all the witnesses to what went on that day, otherwise it too will be one-sided, biased, and unethical.
lied to store owners
No she didn't, and that's not part of the complaint against her.
tell them they were acting illegally
That's not part of the complaint either. She didn't say anyone was *acting* illegally. The video shows her saying "An email went out; you're going to be asked to leave. Any petitions gathered today are illegal."
She was telling the shower nuts that Giant had sent emails to their managers, reminding them that Giant's policy allows each group to set up tables in front of their stores *one* weekend each month and the shower nuts had already used their February 2008 weekend. It is a policy the CRG abused by going back repeatedly to the same Giant stores that month.
Dana acted on her own time as a private tax-paying citizen of Montgomery County, with the same right to speak to members of the public shopping at Giant about Bill 23-07 as any shower nut had.
But by all means, keep spewing CRG lies and spin up here in writing. I'm sure the HRC and maybe even the feds will find the evidence of TG bias useful in any future investigations.
The innate hatred and vindictiveness of these CRGers has finally been exposed for what it is. They have never covered up their loathing of Councilwoman Trachtenberg before, and now they are on a rampage of malice.
Conducting a political vendetta is the outcome of their hatred for, and bigotry aimed at, transgendered people as well, and it also includes others who, in their so-called moral judgements, are deemed " life unworthy of life" (to use a phrase commonly used in Nazi Germany in the 1930's) Their religious views have completely swallowed up their innate sense of justice and respect for others, regardless of their status in life, their beliefs, their nationality, or other characteristics that make up the composition of humanity.
Statements like: "Trachtenberg, a wicked individual,[and later: a "goblin"]whose legislative activities to encourage more abortion in MC..." and "the wicked Tractenberg and her accomplice, Dana Beyer." are in very sharp contrast to their glib reference to a "civil democratic society". It appears that "civility" is an alien word in their vocabulary.
Try practicing a little civility for once, rather than constantly sounding like a rejected cast member of "Housewives of Atlanta".
A Montgomery Voter
"Now we see it, the discrimination in the heart of *Wicked* Anon"
Really, where did you see that?
"And every time he has, he's gone through the "right administrative hoops," except in the case of the transgender's "county-owned computer.""
I don't know that and neither do you.
"the Ethics Commission should be worried"
sounds like they have the support of the Council, the Executive branch and the public
they're about as worried as Alfred E. Neuman
"An ethics investigation that only interviews witnesses who were supporters of those who filed the ethics complaint and does not interview witnesses who were from the other side of the debate, is by definition one-sided, biased, and unethical"
that's not necessarily true
"All of Dana's activities, except for one alleged by shower nut Harold Steven Schaal at the Arliss Road Giant, were found to be perfectly permissible and ethical, and a hearing is to be held on the single remaining complaint."
not really, the matter has been forwarded for further review based on the strength of the evidence in that one incident
there may be other activities that will be revealed to be unethical upon further investigation
"So far, neither the Ethics Commission nor the County Attorney has interviewed the TTF witnesses who were there with Dana that day"
they must have felt they had already obtained evidence sufficient for their task
"These agencies have so far acted in a biased manner on the testimony of only the accuser and this hearing had better include all the witnesses to what went on that day, otherwise it too will be one-sided, biased, and unethical."
not necessarily
"She didn't say anyone was *acting* illegally."
enough with the rhetorical games
that was the impression she was trying to give
"She was telling the shower nuts that Giant had sent emails to their managers, reminding them that Giant's policy allows each group to set up tables in front of their stores *one* weekend each month and the shower nuts had already used their February 2008 weekend. It is a policy the CRG abused by going back repeatedly to the same Giant stores that month."
that's actually Giant's business, not Dana's
she's not naive enough not to realize that they would think an employee of the County council had some authority
"Dana acted on her own time as a private tax-paying citizen of Montgomery County, with the same right to speak to members of the public shopping at Giant"
the ethics rules say she is never "off-the-clock"
"But by all means, keep spewing CRG lies and spin up here in writing. I'm sure the HRC and maybe even the feds will find the evidence of TG bias useful in any future investigations."
everyone would think the same about this same tactic with any other issue or Council employee
Dana's transgender identity is irrelvant
"The innate hatred and vindictiveness of these CRGers has finally been exposed for what it is. They have never covered up their loathing of Councilwoman Trachtenberg before, and now they are on a rampage of malice."
all that from one allegation of unethical tactics
wow!
"Conducting a political vendetta is the outcome of their hatred for, and bigotry aimed at, transgendered people as well, and it also includes others who, in their so-called moral judgements, are deemed " life unworthy of life" (to use a phrase commonly used in Nazi Germany in the 1930's)"
interesting parallel
truth is that one of the first Nazi tactics was to disrupt protest against them and confront and intimidate dissent
this activity was orchestrated by a well-known gay who ran the Nazi military wing
CRG, which I am not part of, wanted a public debate and vote
Dana wanted to silence this dissent against her boss's bill
"Their religious views have completely swallowed up their innate sense of justice and respect for others, regardless of their status in life, their beliefs, their nationality, or other characteristics that make up the composition of humanity."
Really? How does this situation demonstrate that?
"Statements like: "Trachtenberg, a wicked individual,[and later: a "goblin"]whose legislative activities to encourage more abortion in MC..." and "the wicked Tractenberg and her accomplice, Dana Beyer." are in very sharp contrast to their glib reference to a "civil democratic society"."
I think it is clear that I agree with the Post who yesterday denounced Duchy's effort to discourage women from completing the pregancies. Abortion is evil and efforts to support the practice are, indeed, wicked.
quote from Mother Theresa, a Nobel Peace Prize winner who earned her award:
"when it becomes alright, in any society, to kill one's children, it's hard to see how it continues to qualify as a civilization"
btw, as far as I know Duchy is straight
correct me if that is wrong
"She was telling the shower nuts that Giant had sent emails to their managers, reminding them that Giant's policy allows each group to set up tables in front of their stores *one* weekend each month and the shower nuts had already used their February 2008 weekend. It is a policy the CRG abused by going back repeatedly to the same Giant stores that month."
that's actually Giant's business, not Dana's
she's not naive enough not to realize that they would think an employee of the County council had some authority
"Dana acted on her own time as a private tax-paying citizen of Montgomery County, with the same right to speak to members of the public shopping at Giant"
the ethics rules say she is never "off-the-clock"
"But by all means, keep spewing CRG lies and spin up here in writing. I'm sure the HRC and maybe even the feds will find the evidence of TG bias useful in any future investigations."
everyone would think the same about this same tactic with any other issue or Council employee
Dana's transgender identity is irrelvant
"The innate hatred and vindictiveness of these CRGers has finally been exposed for what it is. They have never covered up their loathing of Councilwoman Trachtenberg before, and now they are on a rampage of malice."
all that from one allegation of unethical tactics
wow!
"Conducting a political vendetta is the outcome of their hatred for, and bigotry aimed at, transgendered people as well, and it also includes others who, in their so-called moral judgements, are deemed " life unworthy of life" (to use a phrase commonly used in Nazi Germany in the 1930's)"
interesting parallel
truth is that one of the first Nazi tactics was to disrupt protest against them and confront and intimidate dissent
this activity was orchestrated by a well-known gay who ran the Nazi military wing
CRG, which I am not part of, wanted a public debate and vote
Dana wanted to silence this dissent against her boss's bill
"Their religious views have completely swallowed up their innate sense of justice and respect for others, regardless of their status in life, their beliefs, their nationality, or other characteristics that make up the composition of humanity."
Really? How does this situation demonstrate that?
"Statements like: "Trachtenberg, a wicked individual,[and later: a "goblin"]whose legislative activities to encourage more abortion in MC..." and "the wicked Tractenberg and her accomplice, Dana Beyer." are in very sharp contrast to their glib reference to a "civil democratic society"."
I think it is clear that I agree with the Post who yesterday denounced Duchy's effort to discourage women from completing the pregancies. Abortion is evil and efforts to support the practice are, indeed, wicked.
quote from Mother Theresa, a Nobel Peace Prize winner who earned her award:
"when it becomes alright, in any society, to kill one's children, it's hard to see how it continues to qualify as a civilization"
btw, as far as I know Duchy is straight
correct me if that is wrong
"Anonymous" - (which "leader" of CRC/CRG are you, despite your denial of association with that discredited group?
Hiding your hatred of Duchy Tractenberg and Dana Beyer behind this kind of sanctimonious judgement: "Abortion is evil and efforts to support the practice are, indeed, wicked." fails to recognize that there are millions upon millions who do not see abortion in that light and do not agree with your views, and do not subscribe to your particular narrow religious views. And the personal views of Duchy and Dana on this issue are irrelevant.
That having been said, however, would you deny those who do express opposition to your views the right to express themselves? Talk about using Nazi tactics!
We know you oppose abortion,and suspect that you would go further in opposing abortion, even if not having access to it would kill the mother or condemn a victim of incest or rape to a life of torture. So much for the morality of "pro-life".
Mother Theresa's quote: "when it becomes alright, in any society, to kill one's children, it's hard to see how it continues to qualify as a civilization" has to do more with homeless children, starving children, abandoned children, abused children, unwanted and unadopted children - already born children (which she, unlike you, spent her life caring for) - than abortion of a fetus.
Now...back to the topic of this particular blog ...which was not addressed to the relative merits of comdeming abortion.
"Hiding your hatred of Duchy Tractenberg"
don't know that much about Duchy but her creation of a bill encouraging abortion is wicked
I assume the Post has printed correct information; let me know if you think they're lying
"and Dana Beyer"
I have had some exchanges here on the blog with Dana and I don't dislike her.
"behind this kind of sanctimonious judgement: "Abortion is evil and efforts to support the practice are, indeed, wicked." fails to recognize that there are millions upon millions who do not see abortion in that light and do not agree with your views, and do not subscribe to your particular narrow religious views"
I don't see it as a religious issue. I don't know how many Americans don't think abortion is evil but I do know more do than don't. The numbers, however, are irrelevant to whether or not it is accurate to call abortion "evil".
"And the personal views of Duchy and Dana on this issue are irrelevant."
Oh, I don't know about that. I do know that the legislation they create is very relevant.
"That having been said, however, would you deny those who do express opposition to your views the right to express themselves? Talk about using Nazi tactics!"
I haven't denied anyone the right to express themself. Gay advocates, however, always include tactics in their repetoire designed to silence their opposition.
That's what they were doing by trying to stop a vote in MC, in DC.
Discrimination laws basically have this effect because, unless you express support for gay advocacy, the gay advocates make you a target of accusations of bias.
"We know you oppose abortion,and suspect that you would go further in opposing abortion, even if not having access to it would kill the mother or condemn a victim of incest or rape to a life of torture. So much for the morality of "pro-life"."
"suspect" here is a euphemism for "ignorant assumption without basis in any facts".
"Mother Theresa's quote: "when it becomes alright, in any society, to kill one's children, it's hard to see how it continues to qualify as a civilization" has to do more with homeless children, starving children, abandoned children, abused children, unwanted and unadopted children - already born children (which she, unlike you, spent her life caring for) - than abortion of a fetus."
Actually, when she said that, she was specifically addressing the horror of abortion.
"Now...back to the topic of this particular blog ...which was not addressed to the relative merits of comdeming abortion."
no, it just addresses the reason it is appropriate to call Duchy wicked
quote from Mother Theresa, a Nobel Peace Prize winner who earned her award:
"when it becomes alright, in any society, to kill one's children, it's hard to see how it continues to qualify as a civilization"
The great Google cannot find this supposed quote. Got a link to it?
"Anonymous"
As usual you resort to sweeping generalities to make your bogus points: "Gay advocates, however, always include tactics in their repetoire designed to silence their opposition."
Would you care to be a little more specific, including examples, of "tactics...designed to silence their opposition"? And please do not make up lies to reinforce your lies.
"unless you express support for gay advocacy, the gay advocates make you a target of accusations of bias". Your paranoia (or else it is just an inflated ego...as if any GLBT person gives a fig about your bigoted moanings and groanings) is really pathetic.
Hatred such as yours is really such an unbecoming, and wicked, characteristic for you to display as much as you do here.
Care to comment on the "horror" of thousands of Americans who die yearly because of a lack of adequate health care and insurance, "Anonymous"?
Of course you will probably deny that anybody dies from a lack of adequate health care or insurance...Glenn Beck, Michele Malkin, Rush Limbaugh, and Sarah Palin have told you that.
Diogenes
The statement was made: ""We know you oppose abortion,and suspect that you would go further in opposing abortion, even if not having access to it would kill the mother or condemn a victim of incest or rape to a life of torture."
to which you, "Anonymous",responded: ""suspect" here is a euphemism for "ignorant assumption without basis in any facts"
Correct the "assumption".
Does that mean then, that you would support abortion in order to save the mother's life or to redress a pregnancy caused by incest?
I was there with the alleged shower nut Harold Steven Schaal at the Arliss Road Giant, and Dana acted as he has said. The county and Ethics Council know who I am but will not allow me to testify. I will be at the hearing on Friday (10/15) to watch Dana perform again.
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