Richard Higbie: Dallas State Depart Whistleblower’s Emails Hacked, Stolen, Deleted: Higbie Sued Hillary

Richard Higbie, a “Diplomatic Security Service criminal investigator” in Dallas, Texas has confirmed that his Gmail account was hacked and a four year stash of emails containing damaging details of possible illegal activity by the U.S. State Department, have been stolen and deleted. Also lost are communications with his attorney, Cary Schulman. Higbie has asked for an FBI investigation.

Richard_Higbie_StateDept_Whistleblower_1

Higbie, the second-highest-ranking agent in the Dallas office, played a vital part in helping fellow whistleblower Aurelia Fedenisn, a former investigator for the department’s Inspector General, lift the lid earlier this year on a series of coverups by leading officials, the Post reports.

The alleged coverups included keeping an Inspector General investigation under wraps that confirmed members of then-Secretary Hillary Rodham Clinton’s security detail had paid for hookers and that the Belgian ambassador had solicited underage prostitutes.

The Post says that several investigations by the service, which protects dignitaries and investigates crimes at the agency, were allegedly derailed by senior officials, including one case in which Clinton Chief of Staff Cheryl Mills allegedly interfered. Source: NewsMax

In 2012 Higbie sued Hillary Clinton in her capacity as Secretary of State. The story of the lawsuit is somewhat difficult to follow. Higbie claimed that he was demoted, or an attempt was made to demote him, after he refused to take an overseas assignment due his daughter’s “chronic and terminal illness.”

The alleged coverups included keeping quiet separate IG investigations that found that members of then-Secretary Hillary Rodham Clinton’s security detail had engaged hookers and that the Belgian ambassador had solicited underage prostitutes.

These were among a string of investigations by the service, responsible for protecting dignitaries and investigating crimes within the department, that were allegedly derailed by senior officials, including one instance of interference by Clinton Chief of Staff Cheryl Mills.

Since the revelations in June, the department again mostly swept the cases under the rug.

Higbie’s investigation claims that two State Department officials lied in sworn testimony about federal agency officials failing “to follow proper procedures” and denying knowledge of misconduct. Source: New York Post

According to the New York Post story linked above, Schulman’s Dallas law office was broken into shortly after the email hacking.

Although cops arrested a petty thief for the crime, Schulman said, “We feel like we’re in a movie. It’s nuts. It makes us wonder . . . . maybe we’ve got something we don’t even realize or maybe they’re worried about something.”

Amid all the protestations and sworn testimony of high officials, there is this:

Yet Fox News has obtained meeting notes, draft reports and other evidence that suggest both officials were aware, at the time they were deposed, of a pending investigation into DS and its operations by the State Department’s Office of Inspector General (OIG). What’s more, both officials had been apprised of the OIG’s preliminary finding that DS did indeed fail to follow proper procedures in at least eight cases, and possibly more, because of “undue influence” and “pressure” brought to bear by senior State Department officials to halt internal investigations.

The evidence indicates the two officials were presented with those conclusions approximately 60 days before they testified in their depositions.

Lawyers and experts contacted by Fox News said the implications could be staggering for a federal law enforcement agency whose officers frequently testify in criminal prosecutions if two of its top officials were deemed to have testified untruthfully in sworn proceedings. Source: Fox News, 6/18.2013 (much more in this story of interest)

In June 2012, this site published a district judge’s ruling against Hillary Clinton’s request to partially dismiss the case because valid claims were not made (Texas Case – Richard Higbie v. Hillary Rodham Clinton (acting in her official capacity as Secretary of State) [Civil Action No. 3-11-CV-2636-L]. Higbie also sought to amend the claims as stated in the suit. Both Hillary and Higbie

The opinion of the court was delivered by: Sam A. Lindsay United States District Judge
MEMORANDUM OPINION AND ORDER

Before the court is Defendant’s Partial Motion [sic] to Dismiss, filed January 23, 2012. After carefully reviewing the motion, response, pleadings, and applicable law, the court denies Defendant’s Partial Motion [sic] to Dismiss.

I. Factual and Procedural Background

Plaintiff Richard Higbie (“Plaintiff” or “Higbie”) brought this lawsuit on October 5, 2011, against Defendant Hillary Rodham Clinton (“Defendant” or “Clinton”), alleging employment discrimination by an agency operated under the United States Department of State (“Department of State”). Higbie’s allegations in Count Three of his Complaint arise from an alleged breach of an agreement to mediate an administrative claim related to his employment discrimination lawsuit. He alleges that two supervisor agents disclosed information discussed during mediation to an Equal Employment Opportunity (“EEO”) investigator. Defendant has moved for dismissal of Count Three of Plaintiff’s Complaint because the relevant statute does not provide recovery for a breach of a confidentiality agreement.

Higbie is a Senior Criminal Investigator/Senior Special Agent with the Bureau of Diplomatic Security (“BDS”) within the Department of State. He currently serves in the Dallas Resident Office, which operates under the direction of the Houston Field Office. Previously, Higbie was employed as a Foreign Service officer; he was converted to a Civil Service officer after filing an administrative complaint with the Equal Employment Opportunity Commission (“EEOC”) and subsequently reaching a settlement with the Department of State in 2005. In his discrimination suit, he alleges that the Resident Agent in Charge in the Dallas Office removed him from assuming the role of Acting Resident Agent in Charge, despite this role being outlined in his job duties. He also complains of continuous discriminatory practices by the agency after the previous settlement.

In 2009, Higbie contacted an EEO counselor to begin the process of filing a complaint. Higbie alleges that after filing a formal discrimination complaint and signing an EEO/Alternative Dispute Resolution-Agreement to Mediate, two direct supervisors provided an EEO investigator with affidavits containing confidential information regarding mediation. The agreement to mediate contained a standard confidentiality clause that stated: “Mediation is a confidential process. Any documents submitted to the mediators and statements made during the mediation are for settlement purposes only.” (hereinafter, “Confidentiality Agreement”). P1.’s Compl. 17. The Complaint alleges that by providing the affidavits to the EEO investigator, the agency demonstrated a willful attempt to further discriminate against Higbie while he engaged in protected activity.

Three observations: 1) You have have great courage to do the right thing when accusing the federal government of anything, 2) if you are going to keep important and vital information stored in an email account, you should always, always use an paid email server – just pay for it, it’s the best protection if it is possible for you to be protected, and 3) keep copies in numerous places and on separate computers.

Related Posts Plugin for WordPress, Blogger...
  • b mooney

    Doesn’t surprise me at all…

    • http://maggiesnotebook.com Maggie

      b mooney, the only think surprising to me was using Gmail for storage. Thanks for coming by and Happy New Year.

  • Cathy

    how do we know that he didn’t have back up copies off of site. It seems like a no brainer for the lawyer and himself.

    • http://maggiesnotebook.com Maggie

      Cathy, I can’t imagine that he didn’t back up and talk all security measures possible, but if my job was in jeopardy for snitching on government abusers, I might not say I was backed up and I would try to cause them all the grief possible.