Arkansas Democrat-Gazette

House pays $850,000 to settle Muslims’ firing claims

- NOAM SCHEIBER AND NICHOLAS FANDOS

The House of Representa­tives quietly paid $850,000 this year to settle wrongful terminatio­n claims by five Pakistani American technology specialist­s, after a set of routine workplace allegation­s against them morphed into fodder for right-wing conspiracy theories amplified by President Donald Trump.

Together, the payments represent one of the largest known awards by the House to resolve discrimina­tion or harassment claims, and are designed to shield Congress from potentiall­y costly legal action.

But aides involved in the settlement, which has not previously been reported, said it was also an attempt to bring a close to a convoluted saga that led to one of the most durable — and misleading — story lines of the Trump era. The aides said its size reflected a bid to do right by a group of former employees who lost their jobs and endured harassment in part because of their Muslim faith and South Asian origins.

What started as a relatively ordinary House inquiry into procuremen­t irregulari­ties by Imran Awan, three members of his family and a friend, who had a bustling practice providing members of Congress with technology support, was twisted into lurid accusation­s of hacking government informatio­n.

In 2018, Trump stood next to President Vladimir Putin of Russia at a news conference in Helsinki, and implied that one of the employees involved in the House case — a “Pakistani gentleman,” he said — could have been responsibl­e for stealing emails of Democratic officials leaked during the 2016 campaign. His own intelligen­ce agencies had concluded that the stolen emails were part of an election interferen­ce campaign ordered by Moscow.

“It is tragic and outrageous the way right-wing media and Republican­s all the way up to President Trump attempted to destroy the lives of an immigrant Muslim American family based on scurrilous allegation­s,” said Rep. Ted Deutch, D-Fla., who had employed Awan and is chairman of the Ethics Committee.

“Their names were smeared on cable TV, their children were harassed at school, and they genuinely feared for their lives,” Deutch added. “The settlement is an acknowledg­ment of the wrong done to this family.”

The case originated in 2016, when officials in the House, then controlled by Republican­s, began investigat­ing claims that the specialist­s had improperly accounted for purchases of equipment and bent employment rules as they worked part-time for the offices of dozens of Democratic lawmakers.

In the hands of the chamber’s inspector general and later the Capitol Police, the investigat­ion slowly expanded to include concerns that the workers had illicitly gained access to, transferre­d or removed government data and stolen equipment.

In early 2017, the House stripped their access to congressio­nal servers, making it impossible for them to continue their work. One by one, the lawmakers terminated them.

But as the inspector general’s findings were shared with Republican lawmakers and trickled into conservati­ve media in early 2017, they began to take on a life of their own. The Daily Caller, which led the way, published allegation­s that the workers had hacked into congressio­nal computer networks, and other right-wing pundits speculated that the group were Pakistani spies.

Trump, in addition to his comments in Helsinki, repeatedly amplified conspiracy theories about the investigat­ion on Twitter, where he referred to a “Pakistani mystery man.” At one point, he publicly urged the Justice Department not to let one of the workers “off the hook.”

But in the summer of 2018, the department did just that, taking the unusual step of publicly exoneratin­g Awan. The department concluded in a court filing that after interviewi­ng dozens of witnesses, and reviewing a Democratic server and other electronic records, it had found “no evidence” that Awan illegally removed data, stole or destroyed House equipment, or improperly gained access to sensitive informatio­n.

The statement came during a sentencing hearing for an unrelated offense — that Awan had lied about his primary residence on an applicatio­n for a home-equity loan, for which he was sentenced by judge to one day of time served and a threemonth supervised release.

House officials and the Capitol Police revisited their investigat­ion of Awan and his colleagues after the Justice Department’s findings became public. The review found that the original investigat­ion had reached certain conclusion­s about misbehavio­r that were not necessaril­y supported by facts, but upheld the ban on their access to the House computer network, preventing their reinstatem­ent, congressio­nal aides said.

Awan’s l a wyers a p - proached the House after Democrats took control of the chamber in 2019 to discuss a possible settlement. Many of the lawmakers who had employed him pushed their leaders to strike a deal.

The resulting agreement was signed by Rep. Zoe Lofgren of California, the chairwoman of the Administra­tion Committee, in January and paid out this summer. It resolved claims brought by Awan and the other four staffers under the Federal Tort Claims Act that House officials behaved negligentl­y in

their second inquiry after the Justice Department found no evidence of illegal conduct.

The settlement also resolved claims that House officials inflicted emotional distress on the group, and that the initial investigat­ion was motivated by the employees’ religion, national origin, race, or political affiliatio­n.

In a statement, Lofgren said that the employees had threatened to sue various House members, offices and other employees, “seeking millions of dollars in compensato­ry and punitive damages.” She said the House decided to settle “due to the likelihood of an unfavorabl­e and costly litigation outcome,” although she asserted that based on the informatio­n it had at the time, the House had been right to revoke their network access.

Awan declined to com

ment on the settlement. Peter Romer-Friedman, one of the Awans’ lawyers, said that they would “never forget the courage and kindness” of lawmakers who had stood by his clients.

Awan was born in Pakistan in 1980 and moved to Northern Virginia in 1997. While in college, he worked as an intern for a company that provided IT services to congressio­nal offices. He was hired directly by the office of Rep. Robert Wexler of Florida after graduating and worked setting up email accounts and new equipment like phones and laptops for staff members.

Over the years, other Democratic members of Congress hired Awan to perform similar work under an arrangemen­t that made him a “shared employee” and for which he was typically paid $20,000 each year per member of Congress. As the workload grew, Awan brought on two of his brothers, his wife and a friend to assist him, and they became shared employees as well. Together they eventually worked for more than 30 members of Congress.

Their employers included Rep. Debbie Wasserman Schultz of Florida and Rep. Cedric Richmond of Louisiana, who was recently named by President-elect Joe Biden to a top White House position. The connection to Wasserman Schultz, who was the chairwoman of the Democratic National Committee at the time of the 2016 email hack, is what prompted the theories seized on by Trump that Awan, not the Kremlin, was responsibl­e.

House investigat­ors found that Awan and his four co-workers violated certain administra­tive rules — for example, working as a team in which they would provide services to offices that didn’t technicall­y employ them, and breaking up payments for equipment such as iPads into increments that were below $500, the point at which a purchase would trigger a more cumbersome procuremen­t process.

But Joshua Rogin, Deutch’s chief of staff, said in a declaratio­n accompanyi­ng a separate defamation lawsuit brought by the Awans against the Daily Caller and others that he did not believe that the arrangemen­ts violated House rules and that he was unaware that the rules the five were accused of violating had been enforced against any other House employees.

“I understood this investigat­ion to be both politicall­y motivated and based on bias over their nationalit­y, ethnicity and religion,” he said in the declaratio­n.

Conservati­ve outlets have continued to spin out unsupporte­d theories about Awan.

In January of 2019, Luke Rosiak, a reporter for the Daily Caller News Foundation who had written more than two dozen stories about Awan, published a book in which he reported that one or more of the family members had hacked congressio­nal servers, stolen cellphones and laptops and sent equipment to government officials in Pakistan. The book also refers to Imran Awan as a “mole.”

In an interview with the Epoch Times in July of that year, he referred to Awan as “basically an attempted murderer, an extortioni­st, a blackmail artist, a con man.”

Awan and the family members and friend who worked with him on Capitol Hill are suing Rosiak, The Daily Caller and Salem Media Group, the owner of Rosiak’s book publisher, Regnery, for defamation and unjust enrichment. The case is currently pending in court.

Matthew Lee, a lawyer for The Daily Caller, declined to comment on details of the litigation but called the plaintiffs’ account of events “one-sided.”

 ?? (AP/Alexander Zemlianich­enko) ?? President Donald Trump greets Russian President Vladimir Putin at a news conference after their meeting in Helsinki in July 2018. Trump suggested a “Pakistani gentleman” could have stolen Democrats’ emails during the 2016 campaign despite his own intelligen­ce agencies citing it as part of Moscow’s election interferen­ce.
(AP/Alexander Zemlianich­enko) President Donald Trump greets Russian President Vladimir Putin at a news conference after their meeting in Helsinki in July 2018. Trump suggested a “Pakistani gentleman” could have stolen Democrats’ emails during the 2016 campaign despite his own intelligen­ce agencies citing it as part of Moscow’s election interferen­ce.

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