Federal law is not optional. The State Department does not get to choose which veterans matter.

These are the laws they violated:

Freedom of Information Act (5 U.S.C. § 552)

Violation: Closure of requests claiming “no records exist” despite regulatory requirements that such incidents be documented
Evidence:

• FOIA F-2026-03441 closed December 8 claiming no records of November 11 assault
• Embassy security requires incident documentation (7 FAM 400)
• Six witnesses prove assault occurred
• Visitor logs, CCTV monitoring, and incident reports are required under 7 FAM 400 and related post security policies

Penalty: 5 U.S.C. § 552(a)(4)(F) provides for disciplinary action against officials who “arbitrarily or capriciously” withhold records

Federal Records Act (44 U.S.C. § 3101)

Violation: Failure to create and maintain records of agency activities
Evidence:

• No documentation of November 11 assault despite regulatory requirements
• Activity Log in W/W Service Summary completely blank despite case open since June 16, 2025
• No medical assistance records despite claims of providing consular services

Penalty: 44 U.S.C. § 3106 provides penalties for unlawful removal or destruction of records

Vienna Convention on Consular Relations (Article 5) – Standards Violation

Failure to Meet Obligations: Contrary to the spirit and obligations underlying Article 5, which defines consular protection responsibilities
Evidence:

• In 2020, Togolese courts seized Kelvin’s U.S. passport under circumstances raising serious legal questions, leaving him stranded without documentation
• Togolese authorities failed to provide temporary visa or documentation as required when confiscating passport
• Six years of denied assistance despite documented U.S. citizenship
• Embassy failed to intervene with Togolese government to secure passport return or temporary documentation
• Embassy failed to issue emergency travel document or facilitate repatriation
• Dismissal as “scammer” despite verified military service
• Physical assault at embassy contradicts duty to protect nationals
• Creation of impossible catch-22: Kelvin cannot get passport without embassy help, but faces arrest if he seeks embassy assistance without passport

Standard: U.S. is treaty signatory; State Department policy commits to Article 5 obligations including:

• Article 5(a): protecting interests of nationals
• Article 5(e): helping nationals who face issues with local authorities
• Article 5(f): transmitting judicial and extrajudicial documents (passport seizure documentation)

Core Failure: When a foreign government seizes a U.S. citizen’s passport under circumstances raising serious legal questions, the embassy’s fundamental duty under consular protection standards is to intervene diplomatically, demand return of the passport or issuance of temporary documentation, and if necessary, issue emergency travel documents to enable repatriation. Embassy Lomé did none of this. Instead, they dismissed Kelvin as a scammer and created barriers to the very assistance that would resolve the passport issue.

Foreign Affairs Manual Requirements

Violation: 7 FAM 010 (Consular Notification and Access); 7 FAM 400 (Post Security Program)
Evidence:

• Embassy security used force without documented justification (7 FAM 460)
• No consular case file has been produced despite repeated FOIA requests and evidence of a six-year case (7 FAM 010)
• W/W summary containing material inaccuracies contradicts standard case management practices

Standard: FAM violations subject to internal disciplinary procedures

Evidence Raising Serious Civil Rights Concerns

Pattern of Conduct: Evidence of possible discrimination based on race in provision of government services warranting OIG review
Evidence:

• Alleged “Americans aren’t Black” statement by Ambassador Stromayer
• Pattern of dismissing Black veteran as scammer despite verification of military service
• Apparent differential treatment compared to standard consular assistance practices
• Systematic denial of services based on characterizations contradicted by official records

Requires Investigation: These patterns raise serious concerns warranting Office of Inspector General review and potential referral to Department of Justice Civil Rights Division for determination whether conduct violated:

• Fifth Amendment Equal Protection obligations
• 42 U.S.C. § 1981 (equal rights under law)
• Potential Bivens remedy (though constrained by recent Supreme Court precedent)
• State Department equal employment opportunity policies (if Stromayer’s alleged statement affected personnel decisions)

Documentation Available: Supporting documentation including FOIA closure letters, metadata records, witness statements, W/W file excerpts, and transition briefing materials are on file and available for oversight review upon request.

Scope of Findings: These findings do not constitute final adjudications of misconduct. They constitute documented concerns supported by witness testimony, regulatory requirements, and official records that warrant formal oversight, investigation, and corrective action. The purpose of this documentation is to establish the evidentiary basis for institutional review and accountability measures.