Kevin Chmielewski

tool swamp

https://projects.propublica.org/trump-town/

http://freebeacon.com/issues/epa-whistleblower-run-ins-law-enforcement-background-check-red-flags/

Susan Crabtree is a senior writer for the Washington Free Beacon. She is a veteran Washington reporter who has covered the White House and Congress over the past two decades. She has written for the Washington Examiner, the Washington Times, the Hill newspaper, Roll Call, and Congressional Quarterly.

wfb attack:

amazingly slective due dilligence (acutally charges mentioned by pro pub but not docs]

http://freebeacon.com/wp-content/uploads/2018/05/Screen-Shot-2018-05-04-at-9.31.39-AM.png

"whistleblower" in title

Former Trump campaign "body man" turned Environmental Protection Agency whistleblower repeatedly cited by Democrats has a long history of run-ins with law enforcement, including a warning from a Secret Service detail, debt problems and other red flags that could have sunk his mandatory background check, legal experts say.

Kevin Chmielewski, 39, served as a personal assistant or body man to President Donald Trump on the presidential campaign trail in 2016 and earned personal praise from Trump during a campaign rally in Chmielewski's hometown of Berlin, Md.

During the rally, Trump singled him out as a "star" and a "gem."

Chmielewski previously did advance work—staging and setting up campaign events—for several Republican presidential campaigns, including those of Mitt Romney, Rick Perry, who now serves as Energy secretary, and Sen. John McCain (R., Ariz.), among others.

After Trump's election, Chmielewski briefly worked for the Department of Homeland Security before moving on to the EPA. He continued doing advance work, accompanying EPA Administrator Scott Pruitt or Vice President Mike Pence on official travel.

Chmielewski, who recently sat down with House and Senate Democrats and ABC News, has said he was retaliated against and fired for taking issue with excessive first-class and other travel and office spending by Pruitt. His complaints formed the basis of :{a mid-April letter:(style="box-sizing:inherit"):}: several Democrats sent to Trump citing "grave concerns" about Pruitt's spending.

However, several administration officials and two people who worked with him on the campaign vehemently disagree about the reasons he was forced out of the EPA.

Administration officials said Chmielewski was asked to resign over a number of issues, including that his supervisors and other co-workers didn't know where he was on many occasions even though they suspected he was doing advance work.

The New York Times in early April :{reported that:(style="box-sizing:inherit"):}: EPA officials said Chmielewski wasunresponsive while on advance trips,including one to Hawaii where he was preparing for a Pence visit there.

Political appointees can leave intermittently to do advance work for other high-level officials but must notify their superiors of the days and duration of their time away from normal agency duties.

The same sources also say several incidents, as well as information about Chmielewski's background that didn't add up, contributed to a general sense of unease about his continued work for the EPA.

Chmielewski has told media outlets that EPA officials placed him on unpaid administrative leave in February before firing him in March.

A document reviewed by the Washington Free Beacon shows that he signed a resignation form March 17 and did not cite any reasons for the resignation or grievances on a line asking for the reasons for the resignation. The form instructs those resigning to "be specific and avoid generalizations."

The officials and other Chmielewski associates said he enjoyed the proximity to political stars as well as the expensive travel perks of his advance and assistant work for Trump and other presidential candidates, including staying in luxury hotels.

For instance, during an official EPA advance work trip to Australia last August, Chmielewski spent a total of $1,275 for four nights in hotels: two at the Hotel Sofitel in Melbourne and two at the Hotel Sofitel in Sydney, according to receipts from the trip the Free Beacon reviewed.

Flight records also show that Chmielewski traveled from Los Angeles to Sydney in Delta Airlines' "Delta One" business class, which the :{airline's website describes:(style="box-sizing:inherit"):}: as "luxury at a higher altitude" and provides a 180-degree "flat-bed seat, and "Westin Heavenly In-flight bedding."

"One of the most exclusive cabins in the sky, Delta One offers a dedicated cabin and luxurious details that truly make a difference in how you spend your time in the air," the website says.

The White House's Presidential Personnel Office contacted Chmielewski in January after his return from a trip with Pence to the Middle East and raised serious concerns about red flags in his background check, two sources told the Free Beacon.

The PPO official alluded to discrepancies discovered on his Standard Form 86, a questionnaire all individuals must complete to be considered for federal positions involving national security, and information uncovered in the background-check, the sources said.

The White House did not return a request for comment.

In a lengthy, combative interview with the Free Beacon, Chmielewski repeatedly refused to answer several questions and threatened to spend the "rest of his career going after" this reporter.

He said neither the PPO, nor anyone else in the federal government, ever contacted him with background check concerns. He told the Free Beacon that he has a permanent Top Secret-level security clearance but would not provide any paperwork to prove it.

"This is how ridiculous and idiotic you are," Chmielewski said in the interview.

"You’re not allowed in [Department of Homeland Security] without one," he asserted, referring to a security clearance. He also said it is illegal to show security-clearance paperwork to a reporter.

Sean Bigley, a former DHS political appointee in the Bush administration who now works as an attorney and has represented several :{high-profile cases:(style="box-sizing:inherit"):}: involving federal workers with security-clearance problems, contradicted Chmielewski.

Bigley said that a DHS employee can work at the department with an interim security clearance and said an EPA official who is not working in a covert position would face no legal problems showing proof of his security-clearance to a reporter or anyone else.

"The only way it would be illegal is if he was serving in a clandestine role," Bigley said. "Under the :{Intelligence Identities Protection Act:(style="box-sizing:inherit"):}:, it is illegal to disclose the identity or relationship with the government of a covert operative. But he’s clearly not a covert operative working at the EPA."

"There’s absolutely no law preventing him from sharing details about his security clearance or paperwork proving it," Bigley said.

Two fellow campaign workers say they became alarmed about Chmielewski's judgment and behavior after they witnessed him repeatedly manhandling protesters at Trump campaign rallies.

Chmielewski had at least one run-in with a Secret Service detail on the campaign, which sternly warned him not to get physical with the protesters and let "the police do the policework," according to a source with detailed knowledge about the incident.

After learning of Chmielewski's background-check problems, administration officials began looking into his past, scrutinizing his resume and court records.

The Free Beacon :{previously reported:(style="box-sizing:inherit"):}: that Chmielewski apparently inflated his Coast Guard service on the resume he used to apply for federal government posts by more than three years and unusually left the Guard after nine months at the lowest paygrade, according to a Coast Guard spokeswoman.

He also received similar double-digit raises at the EPA in a matter of just a few months last year as the salary increases he complained to Democrats and the media about.

Chmielewski told the Free Beacon that he left the Coast Guard at the lowest rank and paygrade because he took leave to take care of his ailing mom and brother, who is paralyzed from the neck down. When the Free Beacon asked why he would be disciplined for such leave and whether it was authorized, Chmielewski grew irate and would not say what type of discipline he received.

When the Free Beacon asked if he left the Coast Guard in an unauthorized way, known as going AWOL, because his brother had an accident and became paralyzed, Chmielewski repeatedly said, "You’re disgusting, you’re disgusting," before hanging up.

He later texted paperwork to the Free Beacon showing that he was honorably discharged from the Coast Guard despite the reduced rank and pay.

Additionally, :{court documents:(style="box-sizing:inherit"):}: show that Chmielewski was charged with "driving or attempting to drive" a vehicle while impaired by alcohol in 2005. Court records show that a fine in the case was "received/billed."

The case went to trial, but the verdict is not known because Worcester County, Md., where the offense allegedly occurred, does not maintain records on site for more than three years. Chmielewski asked which drunk driving arrest the Free Beaconwas referring to and the year. When the Free Beacon referred to Maryland court documents on the charge and the 2005 court trial, Chmielewski denied it had occurred.

More recently, in 2015, the state of Maryland placed a :{lien:(style="box-sizing:inherit"):}: on Chmielewski for $7,667 in unpaid taxes, which he did not pay off until February 15, 2017, after Trump was inaugurated.

In 2016, the day after the South Carolina Republican Presidential Primary, Chmielewski was :{arrested:(style="box-sizing:inherit"):}: in Spartanburg County, S.C. for driving 25 miles per hour over the speed limit, which is considered reckless driving in that state. He later pleaded guilty to a lesser charge and paid a fine.

Five years prior, a dentist :{sued:(style="box-sizing:inherit"):}: Chmielewski for nonpayment of a $564 bill. The case in Anne Arundel County, Md. was dismissed after a year because Chmielewski was never served a subpoena, as the dentist had the wrong address for him.

In mid-April, Propublica.com :{reported:(style="box-sizing:inherit"):}: that Chmielewski never filed required financial disclosure forms during his year in the Trump administration, a rare breach for political appointees wanting to remain or move up in the ranks of the administration and one that has resulted in criminal charges by the Justice Department in other cases.

The Ethics in Government Act mandates that all political appointees file detailed financial disclosures at the government department where they work within 30 days of beginning their employment there. The disclosure reports are required to show whether staffers have any potential financial conflicts of interest. Employees can get 90-day extension from the agency.

Chmielewski's background issues, either separately or taken as a whole, would easily sink a federal-government security clearance or more basic background-check process and serve as grounds for dismissal for a political appointee in any presidential administration, according to legal experts.

The administration was highly sensitized to background-check problems after the scandal involving former White House aide Rob Porter's [also whistlweblower?] domestic abuse of two ex-wives and news that the FBI raised the issue with the White House, which allowed him to remain on staff with a temporary security clearance.

The Trump administration has been cracking down on the background-check process, [except kusher?]requiring investigators to wrap up outstanding cases and apply higher standards for employees with obvious black marks or red flags in their past, according to Bigley.

Bigley said he's seen dozens of cases over the last several months in which the Trump administration has dismissed political appointees and other employees who couldn't qualify for a security clearance or have something undesirable in their background.

"All political appointees serve at the pleasure of the president," he said. "Ultimately, it's a very summary process. In most cases, senior administration officials just have to tell them, ‘You're gone,' and give them their marching papers."

The primary reason political appointees do not pass their background or security-clearance checks is because of financial problems investigators uncover, Bigley said.

One drunk-driving incident wouldn't necessarily disqualify a person for a lower-level security clearance or basic federal employee background check. Instead, Bigley said, investigators look at the totality of the red flags in an individual's background.

Background check investigators often also scrutinize the crime people are charged with, not what they end up plea-bargaining down to as their conviction, he said.

"They are less concerned with the outcome—they are concerned with the underlying conduct," he said. "If someone is charged with a felony but pled down to a misdemeanor, they are still looking at that felony charge."

Inside EPA, Pruitt lost the support of many long-time Trump associates, like Kevin Chmielewski, who pushed back against Pruitt's attempt to use taxpayer money on unlimited access to a private jet at a stunning $100,000 a month and $70,000 for two desks for Pruitt and his security team, one of which was to be “bulletproof.” Chmielewski was placed on unpaid administrative leave after objecting to Pruitt's plans for that luxury spending spree on the taxpayer's dime.

Self-described global warming skeptic and Trump EPA transition team member David Schnare also abandoned Pruitt, resigning from his EPA post last summer over Pruitt's “mismanagement” of the agency, The Times reported in August.

“He wanted to be treated like he was the president,” Schnare told The Times, describing Pruitt's request for a bullet-proof SUV, a motorcade with sirens (used once to speed the EPA chief through Washington, D.C., traffic to a fancy French dinner), and Pruitt's 20-member security detail.

Pruitt has also alienated his chief of staff, Ryan Jackson, a former staffer for Oklahoma Sen. James Inhofe (the long-time friendto the oil and gas industry who once brought a snowball onto the Senate floor in an effort to support his doubt that the climate is changing). Jackson, The Times reported, is considering leaving his EPA job after growing frustrated by Pruitt's out-of-control spending on personal luxuries.

On Friday, the Times reported that Trump's Chief of Staff John F. Kellyhas joined the ranks of those calling for Pruitt's firing or resignation, telling the President a week ago that he should ditch Pruitt over his ethical and spending scandals.

But in some circles, Pruitt still enjoys strong support.These individuals, undeterred by Pruitt's long – and growing – résumé of misdeeds, exorbitant spending of taxpayer money, and ethical scandals that have been exposed by the press and Pruitt's current and former colleagues, have turned up in full force to defend Pruitt.

Many of them have one thing in common: They work for think tanks that built their reputations on rejecting climate science and attacking the EPA, like the Heartland Institute, the Heritage Foundation, and the Competitive Enterprise Institute.

https://www.propublica.org/article/kevin-chmielewski-trump-body-man-turned-epa-whistleblower-is-violating-ethics-rules-the-agency-says

Chmielewski, the former Trump campaign “body man” who worked at both the Department of Homeland Security and the Environmental Protection Agency before running afoul of EPA Administrator Scott Pruitt and being fired on March 18, has another problem on his hands: He never filed required financial disclosure forms during his year in the Trump administration — a rare and potentially serious offense that in other cases has resulted in a criminal charge by the Justice Department.

Chmielewski, 38, served with the U.S. Coast Guard and Merchant Marines before working on several Republican presidential campaigns, including those of former Texas Gov. Rick Perry (now the secretary of energy) and former Massachusetts Gov. Mitt Romney. As a personal assistant, or body man, to Donald Trump on the campaign trail in 2016, he became a favorite of the candidate. During a campaign rally in Chmielewski’s hometown of Berlin, Maryland, Trump called him a “star” and a “gem.”

After Trump’s inauguration, Chmielewski worked temporarily with Homeland Security in a security and operational role. In May 2017, he became the EPA’s director of scheduling and advance and later its deputy chief of staff of operations, with a senior executive salary of $140,000. He often accompanied Pruitt or Vice President Mike Pence on official trips.

He was fired after raising concerns about excessive travel and office spending by Pruitt, according to The New York Times. A political fight has broken out as whistleblower accusations emerge in news reports and the agency has criticized the accounts. Chmielewski spoke this week with Democratic congressional staff about Pruitt’s spending and other controversies. EPA officials blamed Chmielewski’s “unresponsiveness” while on trips as the primary reason for his dismissal, according to The New York Times.

The Ethics in Government Act requires that all political appointees file financial disclosures with the agency they work at within 30 days of their start date. The disclosures serve two purposes: transparency and identifying potential liabilities tied to financial conflicts of interest. They include staffers’ assets, debts, and stock and other financial holdings. Staffers can get 90-day extensions from agencies.

EPA officials say Chmielewski has not been granted any extensions, and he’s still obligated to provide a financial disclosure even though he has left the agency. “He has not been absolved of this obligation,” said Justina Fugh, the EPA’s senior counsel for ethics. OGE officials say any referrals for prosecution or civil fines would be handled by the EPA.

Chmielewski did not respond to ProPublica’s requests for comment.

A Homeland Security appointee who left in March 2012 was also charged for the same offense and the government settled the case a year later after she paid a $4,000 fine and filed the form. Political appointees have been charged with crimes and paid civil penalties for comparable violations involving financial disclosures. In July 2013, for example, a Defense Department appointee left the agency but did not file a required financial disclosure “termination” form. She was charged with violating the Ethics in Government Act but prosecutors dismissed the case after she agreed to pay a $1,000 fine and file the required documents.

Both of those cases involved government political appointees who had filed so-called new entrant reports when they started government work but failed to file reports when they left.

The key difference: Chmielewski, for whatever reason, never filed his initial financial disclosure form. Whether or not he filed the paperwork, experts say, Chmielewski was still subject to criminal penalties if he violated conflict of interest laws.

“The fact that someone hasn’t filed a financial disclosure report would not absolve them of any civil or potentially criminal liability for violating the conflicts of interest statute,” according to Don Fox, the acting director of the Office of Government Ethics during the Obama administration.

Other Trump political appointees have been late in filing required paperwork, and have avoided ethics attorneys’ questions or failed to fill out an ethics pledge. At the EPA, three Trump appointees who have since left received complaints from ethics officials for either not responding to outstanding questions about their disclosures or filing late “despite many reminders.”Still, former government ethics attorneys say Chmielewski’s case is unprecedented. When the facts were initially described to him, Fox responded: “Oh good Lord, he didn’t file within a year? ... I certainly have no good explanation as to why someone would be there a year and not file. He could’ve been a liability criminally [to the EPA].”

Marilyn Glynn, former general counsel and acting director of the Office of Government Ethics in the George W. Bush administration, said Chmielewski’s failure to file the government paperwork is “highly unusual.”

“Never filing anything seems unusual to me,” she said. “He was still under the obligation to recuse himself [in the event of a conflict of interest], so presumably the ethics office would’ve told him that he’s liable for criminal prosecution should he step over that line.”

It’s unclear if Chmielewski simply forgot to file the required paperwork or chose to dodge the requirement. In an interview with his hometown paper, The Dispatch, in April 2016, he described himself as having once been “on welfare.” Maryland state records show Chmielewski settled a $7,667 state tax lien from 2015 soon after joining Homeland Security in February 2017.

“I never went to college,” Chmielewski said in the Dispatch interview, “and I should have been one of those kids that ends up in jail or doing dishes somewhere.”

Know more? Send us an email at trump@propublica.org