Understanding the Magnitsky Act is a Must for U.S. Citizens

Maybe he was overly eager to please his bullying father. Maybe he thought that the rules didn’t apply to him. Or maybe he was just ignorant, but clearly Donald Trump Jr. didn’t give it much thought when he approached a foreign national for “dirt” on Hillary Clinton.

Who would have thought that the “smoking gun” would come from the Trumps themselves?

There’s an excellent piece on NPR by Jim Zarroli about the British-born music promoter, Rob Goldstone, who set up the meeting between Don Jr. and a Russian lawyer with Kremlin connections. The meeting wasn’t terribly clandestine considering that former campaign chairman Paul Manafort and brother-in-law Jared Kushner also attended and it was held at a Trump property.

At that meeting, the Russian lawyer, Natalia Veselnitskaya, mentioned a few things about campaign funding in the Democratic party, then tried to change the subject to the Magnitsky Act and the banned U.S. adoption of Russian children. Goldstone says, “at which point the meeting was halted by Don Jr. and we left.”

Junior’s lack of interest in the welfare of children aside, what is really interesting here is the Magnitsky Act. It was named after the Russian attorney of author Bill Browder whose highly acclaimed book, Red Notice: A True Story of High Finance, Murder, and One Man’s Fight for Justice (Simon & Schuster; 2015) details the corruption and murderous heart of the Putin regime.

The Magnitsky Rule of Law Accountability Act was passed in 2012 to punish the Russian officials responsible for Sergei Magnitsky’s horrific torture and death by prohibiting their entrance to the U.S. and access to American banks. The book details the background to this Act. The Washington Post said, “[A] riveting account of Browder’s journey through the early years of Russian capitalism….Begins as a bildungsroman and ends as Greek tragedy…. ‘Russian stories never have happy endings,’ Magnitsky tells Browder, in the book’s most memorable line. Perhaps not, but they do have inspiring ones.”

For anyone who wants the big picture on the Russia situation, this is a must-read.

Photo credit: Reuter's

A Case Study on How Bullies Deflect by Destroying Whistleblowers

The Queen of Spin is at it again. After a hiatus where we were spared from listening to Kellyanne Conway spread misinformation all over the daily news cycle, she recently sparred with CNN’s Chris Cuomo in full exhibition of bullying as she masterfully manipulated, distorted and denied the truth. There’s no denying how perfectly she inhabits the role of Trump surrogate.

It’s hard not to imagine Conway as the adult version of the flawlessly blond, treacherous and manipulative bully Regina George in the 2004 movie Mean Girls. In the movie, Regina attacks her rival, Cady (played by Lindsay Lohan), by spreading the high school equivalent of misinformation. Until Regina’s final comeuppance (which requires being hit by a bus—what a metaphor!) she has absolutely no scruples about doing whatever it takes to get her way.

I have done extensive research on bullies and Conway (and her colleague Sarah Huckabee Sanders) are textbook examples of how bullies operate. Most appalling is their defense of outright lies and the assumption that people really are that gullible. Even more disturbing is the message that this sends to youth—that it is OK to lie to get your way. I watch with amazement as the Trumpniks use bullying tactics right out of the Steve Bannon playbook and try to turn victims into villains by recasting whistleblowers as leakers. (Something I discuss in detail in the chapter on whistleblowers in my book, From Bully to Bull’s-Eye: Move Your Organization Out of the Line of Fire). This is so typical of how bullies operate, which is perfectly captured in yesterday’s piece by Joshua Green in New York Magazine, which crystallizes Bannon’s strategy on his bully boss’s behalf perfectly: “Attack, Attack, Attack.”

I wonder if Conway and company have considered the fact these mendacities have gone beyond bullying, beyond lying and are making them complicit in something that’s starting to look very much like treason.

Photo credit: CNN

The James Comey Guide for Bullied Employees and Whistleblowers

As an expert in workplace dynamics, I was struck by how today’s Senate Intelligence Committee hearing with former FBI Director James Comey was really an issue aboutworkplace wrongdoing and a bully boss. While a few of the senators asked pointed questions about the Russian investigation and, perhaps in the effort of obfuscation, Hillary Clinton, the questions centered on why Comey was fired.  Comey’s answers really made me sit up and take notice—they were a master class in what to do when dealing with a bully or the need to become a whistleblower.

1. Trust Your Instincts

When Donald Trump sent the attorney general and the vice president out of the Oval Office in order to talk privately to Comey, red flags popped up in Comey’s head. Additional concerns were raised when Trump changed the reason he had fired the FBI director. This is where the skills of emotional intelligence are vital—understanding the mood and tenor of a situation will let you know when to be on your guard.

2. Keep a Paper Trail

Given the red flags and his solo meeting with Trump, Comey felt compelled to keep a detailed account of every interaction they had. This was unnecessary under presidents Barack Obama and George W. Bush, who only spoke to Comey on rare occasions and never improperly. Because he kept a paper trail, investigators can now use the documents to get to the truth.

3. Try Not to Be Alone with the Bully Boss

It‘s important to have witnesses when malfeasance happens. Comey knew that Trump’s request to have a meeting alone was highly improper and went to great lengths to keep it from happening again. This is also why he celebrated the idea that there might be tapes.

4. Go to Independent Investigators Outside Your Company

Comey gave the detailed memos he wrote to Justice Department special counsel Robert Mueller III for his investigation for a good reason. According to the New York Times: “I woke up in the middle of the night on Monday night, ‘cause it didn’t dawn on me originally that there might be corroboration for our conversation; there might be a tape,” Mr. Comey said, referring to May 15. “And my judgment was I needed to get that out in the public square so I asked a friend of mine to share the content of the memo with a reporter. Didn’t do it myself for a variety of reasons but I asked him to because I thought that might prompt the appointment of a special counsel. So I asked a close friend of mine to do it.”

For more information about dealing with bully bosses and protecting yourself if you need to become a whistleblower, please read my book, From Bully to Bull’s-Eye: Move Your Organization Out of the Line of Fire.

Photo credit: CNN

Donald Trump: Bully, Coward and Traitor

Any soothsayer will tell you that there is no pleasure in seeing negative predictions come true. I’m no oracle, but it’s been frighteningly clear to me from observable data and research just how predictable Donald Trump’s bullying behavior is. As I discuss in my book, From Bully to Bull’s-Eye: Move Your Organization Out of the Line of Fire, a bully who has gained power will do anything and everything to hold onto it. This latest episode with the firing of FBI Director James Comey continues to prove this. It comes as no surprise that this action was taken just days after Comey requested a significant increase in resources to further the investigation into Russian interference with the 2016 presidential election, according to the New York Times. Or that there were reports that he had grown outraged over the probes in to Russia.

It’s all very predictable. Trump continues to reveal himself as a bully, a coward in his dealings with subordinates (especially the firing of Comey and former Deputy Attorney General Sally Yates), and a traitor. It doesn’t take a forensic investigator to figure out that Trump is in deep with Russia. Today Trump welcomed Russian Foreign Minister Sergei Lavrov into the Oval Office. The photos of their meeting were released by the Russian Foreign Ministry, not the White House.

In Congress, Democrats—and just three Republicans—are demanding a special prosecutor or independent investigation, in order to get to the bottom of Trump’s Russian ties. Meanwhile, a whopping 57 members of the GOP are neutral or even supportive of eliminating Comey and have nothing to say about investigating Russia. I would like to remind them of the need for checks and balances against the executive branch. They remind me of the character Seymour in the horror comedy Little Shop of Horrors who kept feeding the monstrous plant Audrey II the blood it craved never realizing that one day, Audrey would try to eat him, too. Beware feeding the bully: his hunger is insatiable and he doesn’t care whom he consumes.  

Photo credit: Little Shop of Horrors

Challenging the Bully

While there have been plenty of voices from the left resisting the inner workings of the Trump administration and calling out wrongdoing as it happens, the right has been conspicuously quiet—except for U.S. Senators John McCain and Lindsey Graham. Their principled stance in seeking the truth and standing against party loyalists is why they are our Revolutionists of the Week.

McCain was recently on State of the Union on CNN discussing Trump’s groundless wiretapping allegations against former President Barack Obama. He wasn’t about to let the sitting president off easy. “All [Trump] has to do is pick up the phone, call the director of the CIA, director of national intelligence and say, ‘OK, what happened?’” McCain told host Jake Tapper.

Investigating Trump’s ties with Russia is also very much on McCain’s mind. "There's a lot of aspects of this whole relationship with Russia and (Russian President) Vladimir Putin that requires further scrutiny, and so far, I don't think the American people have gotten all the answers," McCain said. "In fact, I think there's a lot more shoes to drop from this centipede."

Sen. Lindsey Graham has also been keen on getting to the truth. He told CNN that he’s growing more concerned about what is beginning to be known as “Russia-gate.”

“If there's not a criminal investigation of the Trump ties to Russia, I think the country needs to know it. Congress needs to know it, and [FBI Director James Comey] has never promised to answer that question," Graham said. 

The two senators have been in accord before. On January 29, when Trump issued the now infamous ban on travelers from seven countries, they jointly issued a statement that read in part:

“Our government has a responsibility to defend our borders, but we must do so in a way that makes us safer and upholds all that is decent and exceptional about our nation.” It went on to point out that the hasty executive order was done with little to no consultation with the departments of State, Defense, Justice or Homeland Security. In addition to harming people who we should be helping, it could have unintended consequences.

“Our most important allies in the fight against ISIL are the vast majority of Muslims who reject its apocalyptic ideology of hatred. This executive order sends a signal, intended or not, that America does not want Muslims coming into our country. That is why we fear this executive order may do more to help terrorist recruitment than improve our security,” they wrote.

The author J.K. Rowling once observed in one of her novels that it takes a great deal of courage to stand up to your enemies, but even more to stand up to those you think of as friends. I applaud McCain and Graham for modeling revolutionist spirit from the other side of the aisle and hope more of their Republican colleagues find the strength to join them. Nothing less than democracy is at stake.

Andrew Faas is the author of From Bully to Bull’s-Eye: Move Your Organization Out of the Line of Fire,

Photo credit: The Daily Beast

The Revolutionist of the Week: The Marchers

This week's Revolutionist of the Week goes to all of the people who participated in the Women's March.

In my new book, From Bully to Bull's Eye: Move Your Organization out of the Line of Fire (RCJ Press; January 10, 2017) I encourage employees who work in toxic environments to become activists to force cultural transformations, invoking the words of Mohandes K. Gandhi:

"It is possible for a single individual to defy the whole might of an unjust empire to save his honor, his religion, his soul, and lay the foundation for that empire's fall or its regeneration."

The Women's March by all indicators was an incredible success in making people’s voices heard. From my perspective these events are just a beginning. Event organizers have indicated that they will be following up with other events and activities to become what in essence could be a powerful, and much needed, opposition as well as a check and balance to the new administration.

The current opposition parties and checks and balances are very fragile, and cannot be relied on to protect democracy and the hard-fought rights, privileges and core values that clearly are at risk. This void can be filled by the power of positive, effective protests and activism.

Here are my top tips for protest organizers and participants:

·       Be inclusive. What you are embarking on should not become a partisan undertaking. Given the diversity of the people involved, you should recognize that there is diversity in viewpoints and areas of concerns, and to shut these people out, will dilute your effectiveness. Also, realize that many Republicans share your frustrations and concerns; to become truly effective don’t limit your resistance to just the Democratic Party.

·       Define your purpose. Knowing what to fight and what not to fight is critical. Your purpose should be to protect democracy, rights, privileges and core values—not to mention keeping government honest and transparent.

·       Differentiate between dislikes and what is fundamentally wrong. There is no question that most people do not like the fact that Donald Trump is president. To try to unseat him because he is unpopular is not only futile, it is undemocratic. However, if Trump and/or his surrogates were complicit with the Russians in influencing the election, that would be considered fundamentally wrong—even treasonous. If this is not dealt with swiftly and according to the Constitution, then a demand to do so must be fought for with vigor. A recently launched twitter campaign to force Trump to deliver on his promises to release his tax information is an excellent example of positive and effective activism. Trump continues to ignore the demands of the people and give us the finger, as rationalized by senior counselor Kellyanne Conway, “He is not going to release his tax returns. We litigated this all through the election. People didn’t care; they voted for him, and let me make this very clear: most Americans are very focused on what their tax returns will look like while President Trump is in office, not what his look like.”  Forcing Trump to release his returns should put to rest whether he misrepresented to the electorate and his financial relationships with other countries.

·       Challenge “alternative facts.”  This term was coined by Kelly Conway this weekend over the absurd debate about the size of the crowds at the inauguration. By whatever name a lie is a lie is a lie. Bullies are masters of manipulation, deception, deflection, deceit and denial. As an expert in adult bullying, there is no question in my mind that Trump is a bully. Every time he is exposed for using “alternative facts” inundate your members of Congress with calls, letters and social media to force them to hold Trump accountable for his lies.

·       Appreciate that “right makes might.” When you stake your position, make sure that right is on your side. There are many things that Trump will do that you may not like, but they may be things that he has every right to do. Yes, these can be challenged, but at the end of the day unpopular decisions are still his right. The most effective challenge is at the ballot box. Marshal your facts, consult with experts, and form alliances with like-minded groups to make real and lasting change—with right on your side.

·       Pick your battles—not everything is equal. Be viewed as enablers rather than restrainers. A key factor in what we are experiencing was caused by years of polarization and gridlock. Legislators of both parties became restrainers. Part of the reason Trump was elected was to break this gridlock. Adding more gridlock will make you part of the problem, not the solution.

Godspeed. You are on a critically important journey.

Credit: Chicago Tribune

Predicting What Trump Will Do Next

We keep reading in the media about the utter unpredictability of Donald Trump, but I say this is nonsense. From my study of bullies and how bullying works, I know exactly what he’s going to do next. But first, let me give you some background.

Over the years I’ve become something of an expert on adult bullies—I was one early in my career until a wise supervisor set me straight, later on I sadly confess I was at times a bystander to bullying. I’ve been the victim of bullying so severe I was diagnosed with a form of PTSD, and today I’m an advocate for victims of bullying. I’ve dedicated my career to preventing and ending bullying in the workplace, which has inspired two books as well as my foundation’s current partnership with the Yale Center for Emotional Intelligence and our joint Emotion Revolution in the Workplace initiative.

So I can reasonably declare that I’ve learned how bullies work. They are masters of manipulation, deflection, deception, deceit and denial and no one is better at bullying than Donald Trump. Bullies are particularly dangerous when their back is against the wall and the growing agitation about Trump’s connection with Russia is going to have his back against the bricks very soon. The onus is on Congress and the Republicans to force disclosure before the inauguration because it will be easier to prevent Trump from being inaugurated than to try to impeach him afterward. My prediction is if that happens he will do everything he can to maintain his power and control.  He will abuse the power of the presidency up to and including drastic things like martial law.

We only have one week to prevent this disastrous occurrence and I’m deeply concerned. I shared that concern in December when I wrote about my 97-year-old mother who was in the Dutch Resistance in World War II and whose greatest regret was that she didn’t do more to save the victims of the Nazis. That’s why I’m urging you to do what you can and inundate your representatives to demand full disclosure. Don’t let Trump and his people shut you down. Make your voice be heard before it’s too late. America’s future depends upon it.    

Credit: BIGSTOCK

Is WikiLeaks Just One Giant Cyberbully?

A unique case of “bullying” that’s outside the norm can be found in the behavior of WikiLeaks. Obviously, their organization functions outside of the law, but the argument they make is that their information leaks serve the public good. It’s worth it to weigh that argument without taking either side; however, it’s also important to note whether or not WikiLeaks maintains the same balance that the media should in terms of political criticism and objectivity. In the past, WikiLeaks has both revealed and hidden sensitive information that put people in harm’s way, and the flip-flopping doesn’t exactly speak well of them. However, the most recent DNC leak is problematic. Yes, the information was in the public interest. However, the high probability of Russian involvement in procuring this info, linked with Julian Assange’s close ties with Russia and documented dislike for Hillary Clinton, beg the question – is this the most bizarre form of cyber-bullying in history? If not, I ask the simple question – why has there been no attempted hack of Trump’s campaign or the RNC? I’m not advocating hacks of any kind, but it is interesting that WikiLeaks, which purports to be all about transparency, fails to point that own scrutiny at itself. You can read a well-written op-ed about this in The New York Times by documentarian Alex Gibney. 

Image: Julian Assange, founder of WikiLeaks. Image Credit: John Stillwell, Reuters.