About the Genetics Information Nondiscrimination Act (GINA) & the Death Penalty

2. THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) WITHHOLD RECORDS ABOUT THE APPLICATION OF THE GENETICS INFORMATION NONDISCRIMINATION ACT (GINA) IN CASES INVOLVING THE DEATH PENALTY. # W (AACL) # Michael A. Ayele # The Death Penalty is Cruel & Unusual Punishment. # Be well. Stay well. Take care. Keep yourselves at arms distance.

3. 131 M St, N. E., Fifth Floor Washington, D. C. 20507 Free: (833) 827-2920 ASL: (844) 234-5122 FAX: (202) 827-7545 Website: www.eeoc.gov U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Legal Counsel March 31, 2022 VIA: waacl13@gmail.com Michael Ayele (aka) W ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES P.O. Box 20438 Addis Ababa, ETHIOPIA 10013 Re: FOIA No.: 820-2022-004102 Communications about an individual’s termination from employment due to association with someone on death row Dear Mr. Ayele (aka) W: Your Freedom of Information Act (FOIA) request, received on 01/22/2022, is processed. Our search began on 02/03/2022. The initial due date was extended by 10-business days per our letter of acknowledgment dated 02/14/2022. The paragraph(s) checked below apply. [X] Portions of your request are as follows: [X] Granted; [X] Denied pursuant to the subsection(s) of the FOIA indicated at the end of this letter. An attachment to this letter explains the use of these exemptions in more detail; and [X] Procedurally denied as no records fitting the description of the records you seek disclosed exist or could be located after a thorough search. See the Comments page for further explanation. [X] You may contact the Acting EEOC FOIA Public Liaison Michael L. Heise for further assistance or to discuss any aspect of your request. In addition, you may contact the Office of Government Information Services (OGIS) to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740- 6001, email at ogis@nara.gov; telephone at (202) 741-5770; toll free 1-877-684-6448; or facsimile at (202) 741-5769. The contact information for the FOIA Public Liaison is as follows: Michael L. Heise, EEOC FOIA Public Liaison, Office of Legal Counsel, FOIA Division, Equal Employment Opportunity Commission, 131 M. Street, N.E., Fifth Floor, Washington, D.C. 20507, email to FOIA@eeoc.gov, telephone at (202) 921-2542; or fax at (202) 827-7545. [X] If you are not satisfied with the response to this request, you may administratively appeal in writing. Your appeal must be postmarked or electronically transmitted in 90 days from receipt of this letter to the Office of Legal Counsel, FOIA Division, Equal Employment Opportunity Commission, 131 M Street, NE, 5NW02E, Washington, D.C. 20507, email to FOIA@eeoc.gov; online at

4. 820-2022-004102 https://eeoc.arkcase.com/foia/portal/login, or fax at (202) 827-7545. Your appeal will be governed by 29 C.F.R. § 1610.11. Sincerely, Michael L. Heise Assistant Legal Counsel (Acting) FOIA Division foia@eeoc.gov Applicable Sections of the Freedom of Information Act, 5 U.S.C. § 552(b): Exemption(s) Used: [X] (b)(3)(A)(i) [X] Section 706(b) of Title VII [X] Section 709(e) of Title VII [X] Section 107 of the ADA [X] Section 207 of the GINA Exemption 3 to the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(3)(A)(i) (2016), as amended by the FOIA Improvement Act of 2016, Pub. L. No. 114-185, 130 Stat. 538, states that disclosure is not required for a matter specifically exempted from disclosure by statute if that statute: (A)(i) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue[.] Sections 706(b) and 709(e) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-5(b), 2000e- 8(e)(2006), are part of such a statute. Section 706(b) provides that: Charges shall not be made public by the Commission . . . . Nothing said or done during and as a part of [the Commission's informal endeavors at resolving charges of discrimination] may be made public . . . . Section 709(e) of Title VII provides: It shall be unlawful for any officer of the Commission to make public in any manner whatever any information obtained by the Commission pursuant to its authority under this section [to investigate charges of discrimination and to require employers to maintain and submit records] prior to the institution of any proceeding under this title involving such information. Section 107 of the Americans with Disabilities Act (ADA) and § 207 of the Genetic Information Nondiscrimination Act (GINA) adopt the procedures of Sections 706 and 709 of Title VII. See EEOC v. Associated Dry Goods Co., 449 U.S. 590 (1981); Frito-Lay v. EEOC, 964 F. Supp. 236, 239-43 (W.D. Ky. 1997); American Centennial Insurance Co. v. EEOC, 722 F. Supp. 180 (D.N.J. 1989); and EEOC v. City of Milwaukee, 54 F. Supp. 2d 885, 893 (E.D. Wis. 1999). 2 | P a g e

5. 820-2022-004102 INFORMATION WITHHELD PURSUANT TO THE THIRD EXEMPTION TO THE FOIA:  Access to privileged charge information, if any exist: EEOC can neither confirm nor deny the existence, or non-existence, of any Title VII, ADA, and/or GINA, charges filed by an individual against an entity to which you are not, or do not represent, a party to the charge. Comments This office’s response to your request is as follows: (1) Your request for “formal and informal ties existing with the Department of Labor (DOL), the Department of Health and Human Services (HHS), the Equal Employment Opportunity Commission (EEOC), and the United Nations (U.N.),” is granted. The EEOC provides leadership and guidance to federal agencies on all aspects of the federal government's equal employment opportunity program. The requested information is already available online, via EEOC’s public website. See the following link: https://www.eeoc.gov/federal- sector. The EEOC is responsible for enforcing U.S. federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information. The UN Charter is an instrument of international law. See the UN’s public website at the following link: https://www.un.org/en/about-us/un-charter. (2) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Sandrine Ageorges-Skinner as a Caucasian woman, who is married to Hank Skinner, a Caucasian man who has previously been sentenced to death,” is procedurally denied. No records exist within the EEOC. (3) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Sandrine Ageorges-Skinner as a woman who vigorously spoke out against the execution of Hank Skinner” is procedurally denied. No records exist within the EEOC. (4) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Sandrine Ageorges-Skinner as a woman who sounded the alarm bell on the implications of the death penalty for the loved ones of the convicted person and their legal team” is procedurally denied. No records exist within the EEOC. (5) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the statements of Sandrine Ageorges-Skinner attesting that the family members of people who are convicted to death have lost their jobs” is procedurally denied. No records exist within the EEOC. (6) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about whether a person’s loss of employment because of a connection with someone on death row is consistent with Title VII of the 1964 and 1991 Civil Rights Act” is procedurally denied. No records exist within the EEOC. (7) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about whether a person’s loss of employment because of a connection with someone on death row is consistent with the Genetics Information Nondiscrimination Act (GINA)” is procedurally denied. No records exist within the EEOC. 3 | P a g e

6. 820-2022-004102 (8) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about GINA prohibiting as unlawful employment practice, an employer, employment agency, labor organization, or joint labor-management committee discriminating against an employee, individual, or member because of genetic information, including: (i) for an employer, by failing to hire or discharging an employee or otherwise discriminating against an employee with respect to the compensation, terms, conditions, or privileges of employment; (ii) for an employment agency, by failing or refusing to refer an individual for employment; (iii) for a labor organization, by excluding or expelling a member from the organization; (iv) for an employment agency, labor organization, or joint labor-management committee, by causing or attempting to cause an employer to discriminate against a member in violation of this Act; or (v) for an employer, labor organization, or joint labor-management committee, by discriminating against an individual in admission to, or employment in, any program established to provide apprenticeships or other training or retraining,” is denied pursuant to the third exemption to the FOIA. 5 U.S.C. § 552(b)(3)(A)(i). The confidentiality provisions of Title VII of the Civil Rights Act, the ADA, and GINA prohibit the EEOC from confirming or denying the existence, or nonexistence, of a charge brought by an individual to a third party of the charge. The third exemption to the FOIA exempts this information from disclosure. (9) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about GINA prohibiting as unlawful employment practice an employer, employment agency, labor organization, or joint labor-management committee limiting, segregating, or classifying employees, individuals, or members because of genetic information in any way that would deprive or tend to deprive such individuals of employment opportunities or otherwise adversely affect their status as employees” is denied pursuant to the third exemption to the FOIA. 5 U.S.C. § 552(b)(3)(A)(i). The confidentiality provisions of Title VII of the Civil Rights Act, the ADA, and GINA prohibit the EEOC from confirming or denying the existence, or nonexistence, of a charge brought by an individual to a third party of the charge. The third exemption to the FOIA exempts this information from disclosure. (10) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about whether the GINA can be used for the purpose of abolishing the death penalty throughout the United States of America (U.S.A.)” is procedurally denied. No records exist within the EEOC. (11) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the decision of French President Emmanuel Macron to relaunch the fight for the universal abolition of capital punishment on the 40th anniversary commemorating the abolition of the death penalty in France” is procedurally denied. No records exist within the EEOC. (12) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Michael A. Ayele (a.k.a.) W, as a Black man, whose fingerprint has been a matter of public records with the Missouri State Highway Patrol (MSHP) and the Department of Justice (DOJ) Federal Bureau of Investigation (FBI) since May 2013” is procedurally denied. No records exist within the EEOC. (13) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about Michael A. Ayele (a.k.a.) W, as a Black man, who is opposed to the death penalty” is procedurally denied. No records exist within the EEOC. (14) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the National Council on Disability (NCD) press release opposing the forced drugging of Steven Kenneth Staley for the purpose of making him competent so that he can be executed” is procedurally denied. No records exist within the EEOC. (15) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the decision of the States of Arkansas, Kentucky, Maryland, South Carolina, Texas, Utah, Virginia, West Virginia, and Wyoming, not to have statutes of limitations for DNA evidence collected by law 4 | P a g e

7. 820-2022-004102 enforcement agencies in connection with felony sex crimes” is procedurally denied. No records exist within the EEOC. (16) Your request for “[EEOC] communications in the form of e-mails and postal correspondence about the decision of the States of California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan, Minnesota, Montana, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Washington, Wisconsin, and Wyoming, to limit the statute of limitations for DNA evidence collected by law enforcement agencies in connection with felony sex crimes” is procedurally denied. No records exist within the EEOC. This response was prepared by Joanne Murray, Government Information Specialist, who may be reached by telephone to (202) 921-2541. 5 | P a g e

8. 131 M St, N. E., Fifth Floor Washington, D. C. 20507 Free: (833) 827-2920 TTY: (202) 663-6056 FAX: (202) 827-7545 Website: www.eeoc.gov U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Legal Counsel 02/14/2022 VIA: waacl13@gmail.com Michael Ayele (aka) W Association for the Advancement of Civil Liberties P.O. Box 20438 Addis Ababa, ETHIOPIA 10013 Re: FOIA No.: 820-2022-004102 Communications about termination from employment due to association with someone on death row in violation of GINA Dear Mr. Ayele (aka) W: This letter is in response to your request or appeal under the Freedom of Information Act (FOIA), received by our office on 01/24/2022. As provided in U.S.C. § 552(a)(6)(B) (2007), we hereby provide you with the required written notice that we are extending by ten (10) working days the time in which we shall respond. Such extension is necessary because of the following “unusual circumstances”: [X] (i) the need to search for and collect the requested records, if any exist, from field offices or other establishments that are separate from this office. [X] If you have any questions or wish to discuss reformulation or an alternative time frame for the processing of your request, you may contact Joanne Murray, the FOIA Professional handling your request, at (202) 921-2541. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001; email at ogis@nara.gov; telephone at (202) 741-5770; toll free (877) 684-6448; or facsimile at (202) 741-5769. We will make every attempt to respond to your request by 03/07/2022. Sincerely, / Joanne Murray / for _____________________________ Michael L. Heise Acting Assistant Legal Counsel foia@eeoc.gov

9. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Legal Counsel 131 M St, N. E., Fifth Floor Washington, D. C. 20507 Free: (833) 827-2920 TTY: (202) 663-6056 FAX: (202) 663-7026 Website: www.eeoc.gov 01/22/2022 VIA: waacl13@gmail.com Michael Ayele Association for the Advancement of Civil Liberties P.O.Box 20438 Addis Ababa, Ethiopa, 10013 Re: FOIA No.: 820-2022-004102 Dear Mr. Ayele: Your request under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, received by the Office of Legal Counsel on 01/24/2022, is assigned to the [X] Simple [ ] Complex [ ] Expedited track with the above FOIA number. Your request will be processed by Government Information Specialist Joanne Murray who can be reached at (202) 921-2541. [X]EEOC will make every effort to issue a determination on your request on or before 02/18/2022. FOIA and EEOC regulations provide 20 working days to issue a determination on a request, not including Saturdays, Sundays and federal holidays. In unusual circumstances, EEOC may extend the 20 working days by 10 additional working days or stop processing your request until you respond to our request for fee or clarifying information. Should EEOC take an extension or stop processing your request, notice will be issued prior to the expiration of the 20 working days. [ ]Your request for expedited processing is not a proper request. If a “compelling need” exists for the records you request, please promptly submit a statement, certified to be true and correct to the best of your knowledge and belief, describing the reasons processing of your request should be expedited. You may also submit your certified statement by mail to our office address in the letterhead above. Upon receipt of your certified statement, EEOC will adjudicate your request and notify you of the decision within ten (10) calendar days. You may contact the FOIA Requester Service Center for status updates on your FOIA request or for FOIA information via toll free at (833) 827-2920, to our non-toll free number at (202) 921-2542, by e-mail to FOIA@eeoc.gov, by facsimile to (202) 653-6034, or by mail to our office address in the letterhead above. Additionally, if your request was filed online through the EEOC FOIA Web Portal, you may monitor its status at https://eeoc.arkcase.com/foia/portal/login. You may also contact the Acting EEOC FOIA Public Liaison, Michael L. Heise, for assistance. Sincerely, Dister Battle for _____________________________ Michael L. Heise Acting Assistant Legal Counsel foia@eeoc.gov Endnotes

10. 820-2022-004102

11. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Legal Counsel 131 M St, N. E., Fifth Floor Washington, D. C. 20507 Free: (877)-869-1802 TTY (202) 663-6056 FAX (202) 663-7026 Website: www.eeoc.gov 01/22/2022 Dear Michael Ayele (aka) W, Your request has been delivered to the U.S. Equal Employment Opportunity Commission. The request has been assigned tracking # 820-2022-004102, please log into your account and review your submission. The application address is https://eeoc.arkcase.com/foia/portal/ Thank you, U.S. Equal Employment Opportunity Commission Notice of Confidentiality: The information contained in this transmission may contain privileged and confidential information, including information protected by federal and state privacy laws. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited and may be unlawful. If you are not the intended recipient, please contact us at foia@eeoc.gov and attachments. and destroy all copies of the original message

12. REQUEST FOR RECORDS 03/31/2022 W (AACL) Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail : waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Updated.: March 31st 2022 Request for Records Hello, This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter to file a request for records with your offices.i The bases for this request for records are [1] the requirements of the Genetics Information Nondiscrimination Act (GINA) ii and [2] the October 08th 2021 interview of France 24 with Sandrine Ageorges-Skinner. iii I) Records Requested What I am requesting for prompt disclosure records within your possession documenting [1] your formal and informal ties with the Department of Labor (DOL), the Department of Health and Human Services (HHS), the Equal Employment Opportunity Commission (EEOC) and the United Nations (U.N); [2] your communications about Sandrine Ageorges-Skinner as a Caucasian woman, who is married to Hank Skinner (a Caucasian man, who has previously been sentenced to death);iv [3] your communications about Sandrine Ageorges-Skinner as a woman, who vigorously spoke out against the execution of Hank Skinner; v [4] your communications about Sandrine Ageorges-Skinner as a woman, who “sounded the alarm bell on the implications of the death penalty for the loved ones of the convicted person and their legal team;” [5] your communications about the statements of Sandrine Ageorges-Skinner attesting that the family members of people who are convicted to death have lost their jobs; vi[6] your communications about whether a person’s loss of employment because of a connection with someone on death row is consistent with Title VII of the 1964 and 1991 Civil Rights Act; [7] your communications about whether a person’s loss of employment because of a connection with someone on death row is consistent with the Genetics Information Nondiscrimination Act (GINA); [8] your communications about GINA prohibiting as unlawful employment practice, an employer, employment agency, labor organization, or joint labor-management committee discriminating against an employee, individual, or member because of genetic information, including: (i) for an employer, by failing to hire or discharging an employee or otherwise discriminating against an employee with respect to the compensation, terms, conditions, or privileges of employment; (ii) for an employment agency, by failing or refusing to refer an individual for employment; (iii) for a labor organization, by excluding or expelling a member from the organization; (iv) for an employment agency, labor organization, or joint labor-management committee, by causing or attempting to cause an employer to discriminate against a member in violation of this Act; or (v) W (AACL) – MICHAEL A. AYELE 1

13. REQUEST FOR RECORDS 03/31/2022 for an employer, labor organization, or joint labor-management committee, by discriminating against an individual in admission to, or employment in, any program established to provide apprenticeships or other training or retraining; [9] your communications about GINA prohibiting as unlawful employment practice an employer, employment agency, labor organization, or joint labor-management committee limiting, segregating, or classifying employees, individuals, or members because of genetic information in any way that would deprive or tend to deprive such individuals of employment opportunities or otherwise adversely affect their status as employees;vii[10] your communications about whether the GINA can be used for the purpose of abolishing the death penalty throughout the United States of America (U.S.A); [11] your communications about the decision of French President Emmanuel Macron to “relaunch the fight for the universal abolition” of capital punishment on the 40th anniversary commemorating the abolition of the death penalty in France; viii [12] your communications about Michael A. Ayele (a.k.a) W as a Black man, whose fingerprint has been a matter of public records with the Missouri State Highway Patrol (MSHP) and the Department of Justice (DOJ) Federal Bureau of Investigation (FBI) since May 2013; [13] your communications about Michael A. Ayele (a.k.a) W as a Black man, who is opposed to the death penalty;ix [14] your communications about the National Council on Disability (NCD) press release opposing the forced drugging of Steven Kenneth Staley for the purpose of making him competent so that he can be executed, x [15] your communications about the decision of the States of Arkansas, Kentucky, Maryland, South Carolina, Texas, Utah, Virginia, West Virginia and Wyoming not to have statutes of limitations for DNA evidence collected by law enforcement agencies in connection with felony sex crimes; [16] your communications about the decision of the States of California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan, Minnesota, Montana, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Washington, Wisconsin and Wyoming to limit the statute of limitations for DNA evidence collected by law enforcement agencies in connection with felony sex crimes. xi II) Request for a Fee Waiver and Expedited Processing According to an Amnesty International May 1999 report, the death penalty has been applied throughout the U.S.A “in a manner that was openly and unashamedly biased against people of color. Current procedures contain legal safeguards intended to prevent the arbitrary or discriminatory imposition of capital sentences. Despite these efforts, racial discrimination in the contemporary US legal system remains deeply ingrained: more subtle than in the past, but equally deadly. The prejudices of police, jurors, judges and prosecutors may be the unconscious byproducts of racial stereotyping. These animosities may also be deliberately concealed, in the knowledge that such attitudes are socially unacceptable. Even local newspapers can share some of the blame when they unconsciously give front page attention to the murder of a prominent white, when at the same time the murder of African American citizens attracts only a few lines in the back section. Despite overwhelming evidence to the contrary, authorities in the USA vehemently deny that the use of death penalty is in any way influenced by racial considerations. W (AACL) – MICHAEL A. AYELE 2

14. REQUEST FOR RECORDS 03/31/2022 Most officials would likely accept that instances of racial discrimination are an everyday occurrence in US society, yet few are willing to acknowledge its contamination of the capital judicial system. The refusal of the US authorities to admit and address the obvious taint of racism in the administration of the death penalty itself serves to indicate the extent of the problem. Amnesty International unconditionally opposes the death penalty under all circumstances. Even if it were possible to create a judicial system entirely free from bias, the punishment of death would still violate the most fundamental of all human rights. Each death sentence is an affront to human dignity: the ultimate form of cruel, inhuman and degrading punishment; every execution deepens the culture of violence. It is undeniable that the death penalty in the USA is applied disproportionately on the basis of race, ethnicity and social status. Coupled with the near-total failure of the authorities to address or even recognize this reality, the persistent presence of racial bias only reinforces the other convincing arguments against any use of the death penalty.”xii In a follow-up report published in 2003, Amnesty International noted that even though the U.S.A had “ratified the Convention on the Elimination of All Forms of Racial Discrimination, (…) racial disparities can been seen throughout the criminal justice system in the USA. While African Americans make up 12 per cent of the country’s population, they accounted for 48 per cent of all inmates in state or federal prisons and local jails on 30 June 2002. On that day, over 12 per cent of black males between the age of 25 and 34 were incarcerated compared to 1.6 per cent of white males in that age group. (…) African Americans account for 43 per cent of the USA’s current 3,700 death row inmates and about 34 per cent of prisoners executed since 1977. However, especially since the US Supreme Court outlawed the death penalty for the rape of an adult woman - a combination of crime and punishment with an extraordinary history of discrimination against black men – it is the identity of the murder victim which provides the clearest indication that race remains an ingredient of capital sentencing. (…) Since 1976, blacks have been six to seven times more likely to be murdered than whites, with the result that blacks and whites are the victims of murder in about equal numbers. Yet, 80 percent of the more than 840 people put to death in the USA since 1976 were convicted of crimes involving white victims, compared to the 13 percent who were convicted of crimes involving Hispanic victims. (…) Such statistics alone do not prove bias in the justice system, and could reflect patterns of offending relating wider social inequalities. However, studies have consistently indicated that race, particularly the race of the murder victim, influences capital sentencing in the USA, even after other factors have been taken into account. In 1990, the US General Accounting Office reviewed 28 such studies that had been conducted around the country. It concluded that ‘in 82% of the studies, race of victim was found to influence the likelihood of being charged with capital murder or receiving a death sentence, i.e., those who murdered whites were found to be more likely to be sentenced to death than those who murdered blacks. This finding was remarkably consistent across data sets, states, data collection methods and analytic techniques.’ ” As a Black man, who came to the U.S.A for the purpose of pursuing my undergraduate academic education, I (personally) have had my position opposing the death penalty reinforced following a very odd January 2010 orientation where I was lectured about [1] the rape and murder of Jeanne Ann Clery; [2] what constitutes affirmative and effective consent; [3] what constitutes healthy W (AACL) – MICHAEL A. AYELE 3

15. REQUEST FOR RECORDS 03/31/2022 relationships. As a Bachelor of Arts (B.A) Degree graduate, I am not of the opinion that public confidence is boosted when federal agencies such as the Department of Education (DoED) disclose 1,456 pages of redacted documents following a records request submitted pursuant to the requirements of the Jeanne Ann Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.xiii I am not of the opinion that public confidence is boosted when disgraceful others take the unilateral decision to publish defamatory articles that (in reality) constitute false claims and racketeering. I am also not of the opinion that public confidence is boosted when disgraceful others take the unilateral decision to publish slanderous articles without inquiring about their obligations to records request submitted via e-mail pursuant to the Jeanne Ann Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.xiv Regardless, I would like to take this opportunity to denounce violence committed against women irrespective of their racial backgrounds, their sexual orientations, their religious affiliations, their national origins or any other attributes they may associate themselves with. As a Black man with a U.S college degree, I have several concerns about the manner in which I was informed about the rape and murder of a Caucasian woman by a Black/African American man. Specifically, I am worried about the rape and murder of a Caucasian woman by a Black/African American man being used for the purpose of educating undergraduate students in colleges/universities on the subject of what constitute “affirmative and effective consent.” As a Black man with a U.S college degree, I believe that discussions pertaining to Jeanne Ann Clery rape and murder should be handled with care. I believe that colleges/universities (throughout the U.S.A) should refrain from discussing the rape and murder of Jeanne Ann Clery with undergraduate students if it is for the sole purpose of using it as a gateway to deal with issues pertaining to “affirmative and effective consent.” As a Black man with a U.S college degree, I don’t think it’s academically honest to politicize the rape and murder of a Caucasian woman without mentioning the several aspects of the peculiar 1988 invitation extended by Lehigh University. As a Black man with a U.S college degree, I would like to remind you that the bizarre invitation extended to Donald Trump occurred two years following the rape and murder of Jeanne Ann Clery. Beware. As a Black man with a U.S college degree, I have several concerns about Donald Trump 1988 visit of Lehigh University because of the way he was introduced and the activities he was engaged in 1989. xv As a Black man with a U.S college degree, I also have concerns about Donald Trump 1988 visit of Lehigh University because of what occurred on that campus on or around April 05th 1986. As a Black man with a U.S college degree, I believe that Donald Trump’s failure to apologize to the Exonerated 5 (for urging the U.S government to put them to death in 1989) is regrettable.xvi As a Black man with a U.S college degree, I think it is problematic that Donald Trump has not been respectful of affirmative and effective consent (in his sexual relationships with women). I (personally) believe it is hypocritical of Donald Trump to advocate for Black/African American men to be put to death for a sexual misconduct offense they were later cleared of. As a Black man with a U.S college degree, I believe undergraduate students of the U.S.A should have the right to know that [1] Donald Trump was invited to speak at the graduation ceremony of Lehigh University Class of 1988 two years following the rape and murder of Jeanne Ann Clery; [2] several credible news stories from reputable sources have indicated that Donald Trump has not been respectful of affirmative and effective consent in his sexual relationships with women;xvii [3] Donald Trump has had a vile influence on men inclined to behave in a misogynistic and sexist manner;xviii [4] Donald Trump has coerced the women he W (AACL) – MICHAEL A. AYELE 4

16. REQUEST FOR RECORDS 03/31/2022 has had sexual affairs with to sign Non-Disclosure Agreements (NDA);xix [5] Lehigh University has in January 2021 rescinded the honorary degree awarded to Donald Trump in 1988; [6] Donald Trump has advocated for the death penalty in the State of New York following his visit of Lehigh University in 1988; [7] the Department of Justice (DOJ) has resumed federal executions during the Donald Trump presidency.xx Beware. As a Black man with a U.S college degree, I acknowledge that I had never heard the name of Jeanne Ann Clery before January 2010. As a Black man with a U.S college degree, I really don’t know Jeanne Ann Clery. When I say: “I really don’t know Jeanne Ann Clery,” I mean that literally and figuratively. I have never personally met Jeanne Ann Clery: this woman had died before I was born. Even if Jeanne Ann Clery is a Caucasian woman, who became a public figure following her death on the campus of Lehigh University; I really don’t know anything about her. As a Black man with a U.S college degree, I would like to reiterate that the personal views of Jeanne Ann Clery on issues of systemic chauvinism, discrimination, misogyny, racism and sexism are unclear to the general public. For instance, I really don’t know what Jeanne Ann Clery would have thought about the decision of Lehigh University to extend an invitation to a man, who had not been respectful of affirmative and effective consent in his sexual relationships with women. I really don’t know what Jeanne Ann Clery would have thought of statements Donald Trump has made that have gone viral dealing with “grabbing women by the pussy.”I really don’t know what Jeanne Ann Clery would have thought about any man who would advocate for the death penalty in the State of New York, while treating women the way Donald Trump has. As a Black man with a college degree, I really can’t say“Jeanne Ann Clery would have approved of this,”and/or “Jeanne Ann Clery would have disapproved of that,”because of the lack of literature dealing with what she actually believed. Beware. The core issues presented in this records request are as follows. 1) Is the retaliation suffered by people who oppose the death penalty (in their respective position of employment) consistent with Title VII of the 1964 and 1991 Civil Rights Act? Is the retaliation suffered by people who oppose the death penalty (in their respective position of employment) because of their proximity to a person on death row consistent with the Genetics Information Nondiscrimination Act (GINA)? Can GINA be used for the purpose of halting a state execution and abolishing the death penalty throughout the USA? xxi 2) Are colleges and universities throughout the U.S.A intentionally and/or unintentionally legitimizing the use of the death penalty when lecturing their students about the rape and murder of Jeanne Ann Clery? Are colleges and universities throughout the U.S.A intentionally or unintentionally legitimizing cruel and unusual punishment directed at Black/African American people when lecturing their students about the rape and murder of Jeanne Ann Clery? Are colleges and universities throughout the U.S.A using Title IX of the Education Amendments Act of 1972 for the purpose of legitimizing systemic chauvinism, discrimination, misogyny, racism and sexism? Would much needed change in the manner undergraduate students taught/informed about the rape and murder of Jeanne Ann Clery lead to the abolishment of the death penalty throughout the U.S.A? Would much needed change in the manner undergraduate students taught/informed about the rape and murder of Jeanne Ann Clery decrease violence committed against women on campus? 3) Taking into consideration the U.S government commitment to work against racial discrimination, including its effects in the criminal justice system pursuant to the Convention on the Elimination of All Forms of Racial Discrimination; what role should U.S local, state and federal government play to abolish the W (AACL) – MICHAEL A. AYELE 5

17. REQUEST FOR RECORDS 03/31/2022 death penalty? Taking into consideration that the main headquarters of the United Nations (U.N) are located in New York, what obligations have befallen the U.S local, state and federal government for the purpose of eliminating all forms of all racial discrimination? On the bases of the issues that have been raised, I believe this records request should be expedited and all fees waived. In my judgment, the records I have requested to be promptly disclosed (1) puts into question the government’s integrity because of decisions that have adversely impacted public confidence about the manner in which women and racial minorities are treated in the United States of America (USA); (2) identifies operations and activities of the federal government in concert with U.S local and state government; (3) are meaningfully informative about government operations or activities in order to be ‘likely to contribute’ to and increase public understanding of those operations or activities. Have a good day. Take care. Keep yourselves at arms distance. W (AACL) Michael A. Ayele Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist W (AACL) – MICHAEL A. AYELE 6

18. REQUEST FOR RECORDS 03/31/2022 Work Cited iPlease be advised that I have previously disseminated a vast number of documents obtained through records request via Archive.org, Scribd.com, Medium.com and YouTube.com. These documents have been made available to the public at no financial expense to them. As a member of the media, I would like to take this opportunity to inform you that the records you disclose to me could be made available to the general public through the means I have mentioned above or other ones. On December 10th 2021, I have launched a website on Wordpress.com for the purpose of making the records previously disclosed to me by the U.S government further accessible to members of the general public interested in the activities of their elected and non- elected representatives. You can find out more about the recent publications of the Association for the Advancement of Civil Liberties (AACL) here.: https://michaelayeleaacl.wordpress.com/ iiH.R. 493 – Genetic Information Nondiscrimination Act of 2008, Congress.: https://www.congress.gov/bill/110th-congress/house-bill/493 iiiFrance marks 40 years since abolition of death penalty, France 24.: https://www.youtube.com/watch?v=8wHB6_YZ1ag ivHank Skinner’s Wife Sandrine Ageorges-Skinner on Larry King Live, Texas Moratorium Network.: https://www.youtube.com/watch?v=7M5SvbAKH0M vWe are touring the State of Texas for seventeen (17) days to talk with Texans about the death penalty and the flaws within the system. (…) Journalists are having difficulty understanding the case. (…) They still say: “When will you find out if the Supreme Court is going to grant your husband DNA testing?” (…) I said, the Supreme Court in the best of cases is not going to grant Hank DNA-testing. They will allow him to use the Civil Rights Act to pursue his lawsuit against the D.A to apply for DNA testing and get the evidence tested. But that doesn’t mean he would win that lawsuit and that he will get DNA testing. (…) The standard process is that you go through the Habeas Corpus process, which is part of the penal appeal system. But Texas enacted a law in 2001 called Chapter 64, which is for post-conviction DNA testing. (…) Interestingly, the courts are telling Hank: “You cannot hope or even imagine that you are entitled to DNA testing in your appeals because you didn’t ask for them at trial.” And really, this is just ridiculous because the State has really contradicted its own laws. (…) When Hank was tried, Chapter 64 for post-conviction DNA did not exist. So, there was no rule stating that he had to apply for them at trial, that he couldn’t apply for them at alater stage. (…) Why would a state enact a law for post-conviction DNA testing? Sandrine Ageorges Skinner, YouTube.: https://www.youtube.com/watch?v=ayn-6GWSri8 vi Thomas Waterhouse: You’ve been for a long time sounding the alarm about the fact that capital punishment can have huge implications of the convicted person and for their legal team. Sandrine Ageorges-Skinner: Yes, I think the collateral damages are rarely even thought of or even considered, but they are very important because some family members have lost their jobs because they have a son or a husband on death row. They have also lost their friends. They are W (AACL) – MICHAEL A. AYELE 7

19. REQUEST FOR RECORDS 03/31/2022 treated like they are criminals. And it’s the case when we visit at the prison: we are treated like criminals. France marks 40 years since abolition of death penalty, France 24.: https://www.youtube.com/watch?v=8wHB6_YZ1ag viiH.R. 493 – Genetic Information Nondiscrimination Act of 2008, Congress.: https://www.congress.gov/bill/110th-congress/house-bill/493 viiiDescribing the death penalty as an "abomination", the French president said he would convene a summit next year to press for capital punishment to be abolished worldwide. "As part of the French presidency of the European Union (in the first half of 2022), we will organise, with the NGO Ensemble contre la peine de mort (Together against the death penalty), a meeting in Paris at the highest level, bringing together civil societies from countries that still apply the death penalty [...], in order to convince their leaders of the importance and urgency of abolishing it," he said. Macron recalled that, in 1981, France had been "the 35th state to abolish the death penalty". He added: "106 states have so far taken this path, while 50 others have a de jure or de facto moratorium on executions." But he noted with regret that "483 executions" were carried out worldwide in 2020, adding that the number was "almost certainly an underestimate". He described the executions as, "483 state killings carried out by 33 regimes that mostly share a taste for despotism, a rejection of the universality of human rights." Macron was speaking 40 years to the day France formally abolished the death penalty, under then Socialist president François Mitterrand. To mark the anniversary, former justice minister Robert Badinter, the architect of the abolition of capital punishment in France, gave an impassioned speech alongside Macron, calling for universal abolition. “I want to share with you my absolute conviction that the death penalty must disappear from the entire world as it is a shame for humanity," he said. "The death penalty does not protect society, it dishonours it." Macron calls for worldwide end to death penalty on 40th anniversary of French abolition, France 24.: https://www.france24.com/en/france/20211009-live- macron-marks-40-years-since-france-s-abolition-of-the-death-penalty ixThe Commonwealth of Massachusetts Commission Against Discrimination (MCAD) Disclose Limited Records to Request Filed Pursuant to the Genetics Information Nondiscrimination Act (GINA), W (AACL), Michael A. Ayele. Scribd.: https://www.scribd.com/document/537606129/The-Commonwealth-of-Massachusetts- Commission-Against-Discrimination-MCAD-Disclose-Limited-Records-to-Request-Filed- Pursuant-to-the-Genetics-Informat The Commonwealth of Massachusetts Commission Against Discrimination (MCAD) Disclose Limited Records to Request Filed Pursuant to the Genetics Information Nondiscrimination Act (GINA) - #The Death Penalty is Cruel & Unusual Punishment - #W (AACL) - #Michael A. Ayele, Archive.org.: https://archive.org/details/the-mcad-disclose-limited-records-to-request-filed- pursuant-to-gina-the-death-pe xA state district judge in Texas has ordered inmate Steven Kenneth Staley to take psychiatric medication so that he can be declared mentally fit for execution. In 2003, the U.S. Circuit Court W (AACL) – MICHAEL A. AYELE 8

20. REQUEST FOR RECORDS 03/31/2022 of Appeals permitted officials in Arkansas to forcibly administer medication to control an inmate's behavior, making him "competent" enough to be executed. In Atkins v. Virginia, the U.S. Supreme Court ruled that executions of people with cognitive disabilities found guilty of a crime are "cruel and unusual punishments" prohibited by the Eighth Amendment. The Court reasoned that it was "not persuaded that the execution of mentally retarded criminals will measurably advance the deterrent or the retributive purpose of the death penalty." The Court also referred to the growing number of states prohibiting the execution of people with mental retardation as a reflection of society's view that those with cognitive disabilities are less culpable for their offense. The Supreme Court should take the Atkins decision one step further and weigh in on the unresolved issue of the constitutionality of medicating inmates to make them competent to be executed. The forced treatment of Mr. Staley, particularly for purposes of execution, has severe implications for people with disabilities. NCD urges that in the absence of judicial clarity, a closer look be taken at death penalty legislation and the possibility of modification to make forced treatment of inmates a cruel and unusual punishment and hence unconstitutional. National Council on Disability (NCD) Statement Regarding the Forced Drugging of a Texas Inmate with a Psychiatric Disability.: https://www.ncd.gov/newsroom/2006/05022006 xiState by State Guide on Statutes of Limitations, RAINN.: https://www.rainn.org/state-state- guide-statutes- limitations#:~:text=For%20certain%20sex%20crimes%2C%20a,of%20limitations%20is%20thre e%20years. xiiThe USA has a long history of racism, not only by individuals, but often enshrined in law. In 1776, the original Constitution explicitly legitimized the institution of slavery in three of its provisions, counting a slave as three-fifths of a person for the purpose of apportioning seats in the House of Representative. Particularly in the slave holding states, this attitude permeated the administration of justice. For example, prior to the American Civil War, the law in Georgia prescribed different punishments for certain crimes based on the race of the defendant or victim. The rape of a white woman by a black man was a capital offence, while the same crime committed by a white man carried a sentence of between two- and 20-years imprisonment. The rape of a black woman was punishable only by fine or imprisonment, at the discretion of the court. Other laws were simply applied selectively against blacks. Rape was once punishable by death in Virginia; between 1908 and 1972, only blacks were executed under this statute, even though 45 percent of those convicted of rape were white. The one white man sentenced to death for rape during this period has his sentence commuted by the governor. Killing with Prejudice: Race and the Death Penalty in the USA.: https://www.amnesty.org/en/wp- content/uploads/2021/06/amr510521999en.pdf xiiiThe Department of Education (DoED) Disclosed Completely Redacted Records Concerning the Time Spent by Jeanne Ann Clery as an Undergraduate Student of Lehigh University Following a Freedom of Information Act (FOIA) Request for Records; W (AACL), Scribd.: W (AACL) – MICHAEL A. AYELE 9

21. REQUEST FOR RECORDS 03/31/2022 https://www.scribd.com/document/496083668/The-Department-of-Education-DoED-Disclosed- Completely-Redacted-Records-Concerning-the-Time-Spent-by-Jeanne-Ann-Clery-as-an- Undergraduate-Student-of xivMichael Ayele (aka) W Files a Complaint California State University for Engaging in Fraud, W (AACL), YouTube.: https://www.youtube.com/watch?v=zFFBXHP_f5Q&t=2s Statement of W (AACL) – Michael A. Ayele on California State University (Fullerton) The Association for the Advancement of Civil Liberties (AACL) acknowledges the existence of institutionalized chauvinism, discrimination, misogyny, racism and sexism. The AACL also recognizes that California State University is part of the systemic and ugly problem that has plagued the United States of America (USA) for centuries. The AACL strongly encourages prospective college and university students to think long and hard before submitting their application to study at California State University (if they desire to bring a positive change and be part of the solution). The AACL regrets California State University efforts to stir controversy and create negative publicity for the AACL. It is the opinion of the AACL that a segment of California State University employees and legal representatives have been extremely careless, irresponsible and negligent for failing to report and coordinate with the Department of Education (DoED) a records request dealing with the requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. The AACL also regrets the existence of any links and connections to California State University as they are unfortunate. xvPresident Trump Played a Key Role in the Central Park Five Case. Here’s the Real History Behind When They See Us, Time.: https://time.com/5597843/central-park-five-trump-history/ xviOprah Winfrey Presents When They See Us Now (Netflix Official Site); YouTube: https://www.youtube.com/watch?v=18UZO9UmCPg xviiTranscript: Donald Trump’s Taped Comments About Women;New York Times: https://www.nytimes.com/2016/10/08/us/donald-trump-tape-transcript.html Trump Recorded Having Extremely Lewd Conversation About Women in 2005; Washington Post: https://www.washingtonpost.com/politics/trump-recorded-having-extremely-lewd- conversation-about-women-in-2005/2016/10/07/3b9ce776-8cb4-11e6-bf8a- 3d26847eeed4_story.html xviiiGroping suspect says Trump said it was OK to grab women; British Broadcasting Corporation (BBC): https://www.bbc.com/news/world-us-canada-45958023 xixStormy Daniels Describes Her Alleged Affair With Donald Trump, CBS News.: https://www.cbsnews.com/news/stormy-daniels-describes-her-alleged-affair-with-donald-trump- 60-minutes-interview/ Trump’s Affairs and the Future of the Non-Disclosure Agreement, The New Yorker.: W (AACL) – MICHAEL A. AYELE 10

22. REQUEST FOR RECORDS 03/31/2022 https://www.newyorker.com/news/news-desk/trumps-affairs-and-the-future-of-the- nondisclosure-agreement xxExecutioners sanitized accounts of deaths in federal cases; Associated Press: https://apnews.com/article/executioners-sanitized-accounts-of-death- 25d133f59039150c2e308ba1a2a5caef xxiThe Commonwealth of Massachusetts Commission Against Discrimination (MCAD) Disclose Limited Records to Request Filed Pursuant to the Genetics Information Nondiscrimination Act (GINA), W (AACL), Michael A. Ayele. Scribd.: https://www.scribd.com/document/537606129/The-Commonwealth-of-Massachusetts- Commission-Against-Discrimination-MCAD-Disclose-Limited-Records-to-Request-Filed- Pursuant-to-the-Genetics-Informat The Commonwealth of Massachusetts Commission Against Discrimination (MCAD) Disclose Limited Records to Request Filed Pursuant to the Genetics Information Nondiscrimination Act (GINA) - #The Death Penalty is Cruel & Unusual Punishment - #W (AACL) - #Michael A. Ayele, Archive.org.: https://archive.org/details/the-mcad-disclose-limited-records-to-request-filed- pursuant-to-gina-the-death-pe W (AACL) – MICHAEL A. AYELE 11