Menendez Indictment: Visas for Girlfriends, Consular Affairs, INL, and Whatabout “H”?

Posted: 5:29 pm PDT

 

Today, a federal grand jury indicted Sen. Robert Menendez (D-N.J.) on corruption charges. According to the WSJ, Mr. Menendez, 61 years old, has said “he didn’t do anything wrong and plans to fight the charges.” The indictment is the culmination of a lengthy inquiry by the Federal Bureau of Investigation (FBI) into the relationship between the New Jersey senator and Florida eye doctor Salomon Melgen.” Wait, can you use constituent services as defense if the constituent lives in another state?

New Jersey editorials have now called on the senator to resign. Media reports says that he will step down as ranking member of Senate Foreign Relations Committee (SFRC) because of the indictment. The good senator from New Jersey is reportedly “outraged” by the indictment. He condemned the corruption case against him saying, “I am not going anywhere… I’m angry and ready to fight.” And he is, by god!

 

 

We’ve read through the indictment. We have excerpted the parts below that include the visas for girlfriends initiative (Brazil, Dominican Republic, Ukraine), the back and forth with Consular Affairs,  the visa refusals that were overturned, and the back and forth with the INL bureau on a port contract.

The names of the State Department officials are not included, but the indictment includes the offices at the State Department that were the receiving end of the senator’s attention and advocacy:  DAS for Visas Services, Embassy Santo Domingo  and the Assistant Secretary for International Narcotics and Law Enforcement Affairs (INL).

There’s also this nugget:

State 2 to Staffer 8 writes:

If H is in the room — best if the good senator from New Jersey doesn’t mention the prior private meeting they had.

Hey, that’s H, the State Department’s Bureau of Legislative Affairs whose job is to “facilitates effective communication between State Department officials and the Members of Congress and their staffs.” Whatsthatabout?

 

The full indictment document is available online here (pdf)

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SFRC Bullies Diplomats Up For Promotion to Self-Certify They Have Not Been Convicted of Any Crime

Posted: 12:45 pm EDT

 

The question is why? Why is the Senate Foreign Relations Committee (SFRC) demanding that our diplomats self-certify that they have not committed a felony within the last seven years? The form says “disclosure of this information is voluntary.” But also that “failure to provide the information requested may result in delay or exclusion of your name on a Foreign Service nomination list.”

Career members of the Foreign Service must be promoted into the Senior Foreign Service by appointment of the President, by and with the advice and consent of the Senate. This self-certification is reportedly also required for employees who are up for commissioning and tenuring at the Foreign Relations committee.

So basically in bullying our diplomats into signing this witless self-certification, the SFRC will be able to provide better advice to President Obama?

How?


All Diplomats Must Hold and Keep Top Secret Clearances

The American diplomatic profession requires the issuance of a security clearance. All Foreign Service officers must hold and keep an active Top Secret security clearance.

The personnel security background investigation begins after an individual has been given a conditional offer of employment and has completed the appropriate security questionnaire, usually a Standard Form 86, Questionnaire for National Security Positions, and other required forms.  Once the security package is received by the Office of Personnel Security and Suitability, it is reviewed for completeness. National agency record checks and scanned fingerprint checks are then conducted. A case manager will direct the background investigation to cover key events and contacts from the individual’s past and present history.   Once the investigators have completed a report, highly trained security clearance adjudicators will weigh the results against existing adjudicative guidelines for security clearances. A critical step in the background investigation is the face-to-face interview the individual will have with a DS investigator. This interview usually occurs within a few weeks of an individual submitting a complete security clearance package. Security clearances are subject to periodic reinvestigation every 5 years for TS clearance, and every 10 years for a Secret clearance.

When there is derogatory information, even based on preliminary facts from a DS criminal investigation, Federal Bureau of Investigation (FBI) counterintelligence or other law enforcement investigation, or an Inspector General investigation, the security clearance is suspended.  Personnel whose security clearances have been suspended may not be placed on temporary duty status at diplomatic facilities abroad and may not be retained in positions requiring a security clearance until the investigation is resolved.

The names of those with pending investigations are automatically removed from the promotion list.  It goes without saying …. oops, maybe it does need saying — diplomats who have pled guilty or convicted of a crime will not be able to hold a security clearance, much less have his/her name included in the promotion list.

Let’s give you an example — Michael Sestak, an FSO who pled guilty in a visa fraud-bribery case. He is currently sitting in jail. He’ll be sentenced in April.  When he comes out of prison, he will not/not have a job to return to at the State Department. Does anyone at the SFRC really think that somebody like Mr. Sestak can slip through federal employment again, get on the promotion list and somehow make it through the most deliberative body in Congress. No? So why would anyone in the Senate think that this self-certification is anything but idiotic?

 

8,042 Diplomats Targeted

On March 2012, fcw.com cited 2,102,269 as the total number of executive branch employees.  Of those, however, only 1,877,990 are full-time, permanent employees. These numbers reportedly do not include uniformed military personnel, or data on the Postal Service and excludes legislative and judicial branch employees.

Out of the 2.1 million employees, the State Department has  a total of 71,782 employees which includes 47,110 Foreign Service National (FSN) employees; 10,871 Civil Service (CS) employees and 13,801 (FS) Foreign Service employees as of December 2014 (see stats here-pdf.)

Of the total 13,801 Foreign Service employees, 8,042 are considered “Generalists” and 5,759 are “Specialists.”  The “Specialists which include DS agents, and HR, IT professionals are not subject to Senate confirmation.  The “Generalists” are the Foreign Service Officers  whose tenure and promotion are subject to confirmation by the United States Senate.

The Senate majority in the Foreign Relations Committee appears to be targeting only Foreign Service officers.  FSOs, and FSOs alone have been asked to self-certify that they have not been “convicted of or pled guilty of any crime” in the last seven years. As far as we are aware, this requirement does not extend to nominees who are political appointees.

What makes career diplomats special, pray tell?


The White House Knows About This? You Gotta be Kidding.

This self-certification form which is not available at OPM.gov and does not include an official form number says that “The information collected and maintained in this form will be used as part of the vetting process for Foreign Service Lists submitted to the White House for eventual nomination to the Senate.”

An informed source told us that this self-certification had been negotiated between a representative of AFSA, a staffer at the Senate Foreign Relations Committee, and the State Department.

No, there were no photos.

Apparently, there also was no White House representative involved, although you might missed that when reading the unclassified State Department 14 STATE 98420 cable dated Aug 12, 2014, which says in part:

The Senate Foreign Relations Committee (SFRC) now requires additional vetting before it considers nominees for confirmation in all of the above-mentioned categories. Effective immediately all employees in those categories who have been nominated on or after April 1, 2014 must file a self-certification form certifying that they have not been convicted of a crime or pled guilty in any court over the past seven years, regardless of whether the record in the case has been sealed, expunged, or otherwise stricken from the court record. HR will notify those employees who are up for commissioning, tenure and SFS promotion that they must submit the form, available at:  [Note: we redacted sbu link] and which must be submitted to HR-PasSelfCertificat@state.gov.
Please note: failure to submit the form will mean that HR will not/not forward your name to the White House for nomination to the Senate. There is no waiver of the SFRC requirement. For those individuals who are unable to make the certification, and wish to provide information relevant to any conviction or guilty plea in the last seven years, they may report the information in the space provided on the form. Further investigation may be made on the basis of any additional information provided. The Department may then be required to provide this information to the SFRC.

 

AFSA and the State Department must realized that this is a meaningless and coersive made-up document, but both rolled over and played dead.  No other nominees of any agency of the U.S. government are obliged to sign such a certificate, which is essentially, again, meaningless in the context of a profession in which an active security clearance is a prerequisite to the performance of a job.

This is spectacular and unprecedented.

Well, not unprecedented if you count Senator McCarthy’s witch hunt and lavender scare in the 1950s.


Why roll over and play dead?

The SFRC can hold up ambassadorial nominations, senior State Dept level nominations (undersecretaries/assistant secretaries), and decide who to put first on the hearings list and who to put last (see Happy Easter Greeting: SFRC Left Town With 19 Ambassadorial Nominations Still Stuck on Glue!).  The simple act of holding up large numbers of nominees rather than passing them through at a reasonable pace wreaks havoc on State’s budget, assignments process, and people’s lives. (see Is the U.S. Senate Gonna Wreck, Wreck, Wreck, the Upcoming Bidding Season in the Foreign Service?)  Salaries, promotions, transfers, offices, authorities are money. Ambassadors who do not go to posts on time have big time resource implications in addition to political implications. People who do not have the legal authority to do their jobs (is a consular officer’s notarial legal if he/she did not receive Senate confirmation?) operate in a legal limbo presumably implying risks of all kinds.

So —

Self_certification

click image for larger view

 

Why not ‘just do it’ like Nike? It’s already done but it’s a horrible precedent, what’s next?

This is already being done. Folks have already signed this self-certifying documents and have submitted them as a requirement to their nominations.  They don’t really have a choice, do they? But where does it end?

It doesn’t.

We’ve learned that the SFRC gets information  on names recommended for promotion from the State Department “following vetting” and also directly from the OIG, including information that reportedly goes back decades.

That’s right, going back decades.

If an FSO or any employee is charged with a crime, the employee defends himself/herself in court, and if charged with an administrative matter, the employee defends himself/herself in an HR process. That’s how it works.

One SFRC staffer is now reportedly “negotiating” to gain access to OIG investigative data under the guise of allowing the Senate panel to better advise President Obama concerning the qualifications of Foreign Service Officer candidates. But what the SFRC is now “negotiating” with State and AFSA would be access to raw OIG and Diplomatic Security reports containing derogatory information without any of an employee’s mitigating, exculpatory or defensive evidence information. You okay with that?

What is Senator Corker’s SFRC going to ask for next, your diplomatic liver?

The White House seems asleep at the wheel on this. Today, it’s the State Department, tomorrow, it could be any agency in the Federal Government.

Hey, the Senate Foreign Relations Committee is doing it, what’s the rest of the Senate going to ask for next?

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Happy Easter Greeting: SFRC Left Town With 19 Ambassadorial Nominations Still Stuck on Glue!

Posted: 6:58 am EDT

 

On March 10, the Senate Foreign Relations Committee (SFRC) held confirmation hearings for the following nominees:

  • Mr. Stafford Fitzgerald Haney
    Of New Jersey, To Be Ambassador To Costa Rica
    Download Testimony
  • Mr. Matthew T. McGuire
    Of The District Of Columbia, To Be United States Executive Director Of The International Bank For Reconstruction And Development For A Term Of Two Years
    Download Testimony
  • Mr. Gentry O. Smith
    Of North Carolina, To Be Director Of The Office Of Foreign Missions, And To Have The Rank Of Ambassador
    Download Testimony
  • Mr. Charles C. Adams Jr.
    Of Maryland, To Be Ambassador Of The United States Of America To The Republic Of Finland
    Download Testimony

 

On March 25, four more nominees had their confirmation hearings before the committee:

  • Mr. Paul A. Folmsbee
    Of Oklahoma, To Be Ambassador Of The United States Of America To The Republic Of Mali
    Download Testimony
  • Ms. Mary Catherine Phee
    Of Illinois, To Be Ambassador Of The United States Of America To The Republic Of South Sudan
    Download Testimony=
  • Ms. Cassandra Q. Butts
    Of The District Of Columbia, To Be Ambassador Of The United States Of America To The Commonwealth Of The Bahamas
    Download Testimony
  • Ms. Katherine Simonds Dhanani
    Of Florida, To Be Ambassador Of The United States Of America To The Federal Republic Of Somalia
    Download Testimony

 

On March 27, the U.S. Senate left for the Easter recess, so we won’t see the senators hard at work again until mid April. None of the nominees who already had their confirmation hearings this month were cleared before the committee left town.  Regular Foreign Service officers who have been waiting confirmation for their promotions have also been stuck, some in super glue. We will have a separate post on that. The following are the 25 nominations for ambassadors and senior officials stuck in Committee.

via Wikimedia Commons

via Wikimedia Commons

 

2015-03-26 PN325 | Alaina B. Teplitz, of Illinois, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Democratic Republic of Nepal.

2015-03-26 PN324 Julieta Valls Noyes, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Croatia.

2015-03-26 PN323 Atul Keshap, of Virginia, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Democratic Socialist Republic of Sri Lanka, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Maldives.

2015-03-25 PN317 Lucy Tamlyn, of New York, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Benin.

2015-03-25 PN316 Hans G. Klemm, of Michigan, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Romania.

2015-03-25 PN315 Kathleen Ann Doherty, of New York, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Cyprus.

2015-03-16 PN289 Ian C. Kelly, of Illinois, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Georgia.

2015-03-11 PN280 David Hale, of New Jersey, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Islamic Republic of Pakistan.

2015-03-04 PN238 Perry L. Holloway, of South Carolina, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Co-operative Republic of Guyana.

2015-03-04 PN237 Gregory T. Delawie, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Kosovo.

2015-02-25 PN212 Sheila Gwaltney, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kyrgyz Republic.

2015-02-25 PN211 Katherine Simonds Dhanani, of Florida, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Republic of Somalia.

2015-02-12 PN192 Mary Catherine Phee, of Illinois, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of South Sudan.

2015-02-12 PN189 Charles C. Adams, Jr., of Maryland, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Finland.

2015-02-05 PN177 Nancy Bikoff Pettit, of Virginia, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Latvia.

2015-02-05 PN176 Stafford Fitzgerald Haney, of New Jersey, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Costa Rica.

2015-02-05 PN175 Cassandra Q. Butts, of the District of Columbia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Commonwealth of The Bahamas.

2015-01-08 PN49 Azita Raji, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Sweden.

2015-01-08 PN47 Paul A. Folmsbee, of Oklahoma, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Mali.

Nominees for two ambassador ranked positions at the United Nations and four assistant secretary level positions at the State Department are also awaiting their confirmation hearings and/or full  Senate vote.

2015-02-12 PN191 United Nations | Sarah Elizabeth Mendelson, of the District of Columbia, to be an Alternate Representative of the United States of America to the Sessions of the General Assembly of the United Nations, during her tenure of service as Representative of the United States of America on the Economic and Social Council of the United Nations.

2015-02-12 PN190 Department of State | Sarah Elizabeth Mendelson, of the District of Columbia, to be Representative of the United States of America on the Economic and Social Council of the United Nations, with the rank of Ambassador.

2015-01-29 PN131 Department of State| Gentry O. Smith, of North Carolina, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Director of the Office of Foreign Missions, and to have the rank of Ambassador during his tenure of service.

2015-01-16 PN87 Department of State | Brian James Egan, of Maryland, to be Legal Adviser of the Department of State.

2015-01-08 PN48 Department of State | Jennifer Ann Haverkamp, of Indiana, to be Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs.

2015-01-08 PN46 Department of State | Michele Thoren Bond, of the District of Columbia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be an Assistant Secretary of State (Consular Affairs).

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Insider Quote: Petty Little Beaver Plays Dirty in Humans of the Foreign Service

Posted: 6:53 am PDT

 

“You are not in the Senior Foreign Service, and you never will be in the Senior Foreign Service, because somebody has told the Senate all about you!” 

— petty little beaver (who never left high school but now representing the United States of America) to person who refused to give job endorsement

 

Related post:

The Odd Story of “Vetting/Scrubbing” the Tenure/Promotion of 1,800 Foreign Service Employees in the U.S. Senate

 

374 Foreign Service Promotions Confirmed as Senate Rushed Out For Easter Break

Posted: 2:17 am EDT

 

After another lengthy wait, the U.S. Senate finally confirmed the promotion of 374 Foreign Service officers on March 27, 2015.  The Senate is now adjourned until April 13, 2015 where the wait for several more ambassadorial and regular FS nominees will presumably continue with no end in sight.

2015-03-27 PN69 Foreign Service

Nominations beginning Joyce A. Barr, and ending Nancy E. McEldowney, which 6 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.  The following-named Career Members of the Senior Foreign Service of the Department of State for promotion within the Senior Foreign Service to the class indicated: Career Member of the Senior Foreign Service of the United States of America, Class of Career Minister:

Joyce A. Barr

Robert F. Godec Jr.

Patricia M. Haslach

Paul Wayne Jones

Scot Alan Marciel

Nancy E. McEldowney

 

2015-03-27 PN70 Foreign Service/USAID

Nominations beginning Karen L. Freeman, and ending Monica Stein-Olson, which 5 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

2015-03-27 PN71-1 Foreign Service

Nominations beginning Jeffrey N. Bakken, and ending Ellen Marie Zehr, which 37 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

2015-03-27 PN72-1 Foreign Service

Nominations beginning Gregory Adams, and ending Todd R. Ziccarelli, which 177 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

2015-03-27 PN230-1 Foreign Service

Nominations beginning Alexious Butler, and ending Naida Zecevic Bean, which 143 nominations were received by the Senate and appeared in the Congressional Record on February 26, 2015.

2015-03-27 PN231 Foreign Service

Nominations beginning Adam Michael Branson, and ending Marc C. Gilkey, which 6 nominations were received by the Senate and appeared in the Congressional Record on February 26, 2015.

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Related posts:

 

LGBT Ambassadors: We’ve Come This Far But … Still Pale and Male

Posted: 2:04 am EDT

 

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The following is an excerpt from Life After Jerusalem, a blog by  a lesbian American Indian Foreign Service officer:

None of the stories I have seen on the event (such as this one in the Washington Post and this one in the Washington Blade), which I am the first to admit is a wonderful thing and evidence of how far we have come, mentioned this absence. Which I take as evidence of how far we have to go.
[…]
When the Department recently appointed an LGBT envoy, which to its credit is a career FSO (as is only one of the out gay Ambassadors), it appointed another white man. I was told at the time that there just aren’t any lesbians or people of color who rank highly enough to be considered. And that seems to be true. I can find no lesbian or out person of color who has made it to the ranks of Senior Foreign Service.

Of course, rank didn’t stop the Department during Secretary Rice’s tenure from appointing several men to the position of Deputy Assistant Secretary (DAS) who were only FS 02s in rank (for reference, FS 02 is the Foreign Service equivalent of a Lt. Colonel. Senior Foreign Service is the equivalent of a general. The highest ranking out lesbians that I know of in the Department are FS 01s, or Colonels, higher ranking than those men who were made DASes). And those men did not return to their mid-level positions afterward. In fact, two became Ambassadors, another an Assistant Secretary.

So really, the Department could appoint a career lesbian or out person of color if it really wanted to.

Read in full at Life After Jerusalem.

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Email Episode 1472: No Dust Left on Chappaqua Server?

Posted: 11:28 pm PDT

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The New York Times also posted the letter from the former secretary of state’s lawyer David E. Kendall to House Chairman Trey Gowdy.  Excerpt below:

There is no basis to support the proposed third-party review of the server that hosted the hdr22@clintonemail.com account. During the fall of 2014, Secretary Clinton’s legal representatives reviewed her hdr22@clintonemail.com account for the time period from January 21, 2009 through February 1, 2013. After the review was completed to identify and provide to the Department of State all of the Secretary’s work-related and potentially work-related emails, the Secretary chose not to keep her non-record personal e-mails and asked that her account (which was no longer in active use) be set to retain only the most recent 60 days of e-mail. To avoid prolonging a discussion that would be academic, I have confirmed with the Secretary’s IT support that no e-mails from hdr22@clintonemail.com for the time period January 21, 2009 through February 1, 2013 reside on the server or on any back-up systems associated with the server.

Page 8 of this 9-page document includes a letter from the State Department’s Under Secretary for Management Patrick Kennedy:

We understand that Secretary Clinton would like to continue to retain copies of the documents to assist her in responding to congressional and related inquiries regarding the documents and her tenure as head of the Department. The Department has consulted with the National Archives and Records Administration (NARA) and believes that permitting Secretary Clinton continued access to the documents is in the public interest as it will help promote informed discussion.

Accordingly, Secretary Clinton may retain copies of the documents provided that: access is limited to Secretary Clinton and those directly assisting her in responding to such inquiries; steps are taken to safeguard the documents against loss or unauthorized access; the documents are not released without written authorization by the Department; and there is agreement to return the documents to the Department upon request. Additionally, following counsel, we ask that, to the extent the documents are stored electronically, they continue to be preserved in their electronic format. In the event that State Department reviewers determine that any document or documents is/are classified, additional steps will be required to safeguard and protect the information.

The  entire Kendall-Gowdy letter is available to read here.

Because it’s Friday, there is also this item from Gawker and ProPublica adding a stranger twist to this  email saga.

 

 

In related news, remember when Michael Schmidt broke the NYT story about  Secretary Clinton’s exclusive use of a personal email account during her entire tenure as Secretary of State? That was on March 2.  On March 25,  Secretary Kerry finally asked the Office of Inspector General to review email and record retention at his agency.  The letter Secretary Kerry sent to IG Steve Linick is available to read here (pdf).

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I don’t know about you but … it’s that kind of week.

Greys-Anatomy perfectedflaw

Image: Tumblr, perfectedflaw via Mashable

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Citizens United Files Lawsuit Against State Dept For Harold Geisel’s Records and OIG Report on Diplomatic Security

Posted: 11:16 am PDT
Updated: 8:37 om PDT

 

Via Bloomberg:

Citizens United filed its fourth lawsuit against the State Department on Thursday, this time seeking documents related to the agency’s Office of Inspector General during former Secretary of State Hillary Clinton’s tenure. In the suit, filed in the U.S. District Court for the District of Columbia, the conservative advocacy group complains that the State Department has not responded to two of its Freedom of Information Act requests in more than six months, beyond acknowledging receiving them. The statutory requirement is 20 business days.

In its court filing, Citizens United argues that “when left to their own devices State Department bureaucrats have taken over three years to respond to Citizens United’s FOIA requests” and that “Such extensive delays are in clear violation of both the letter and the spirit of the Freedom of Information Act.”

This latest lawsuit, asked for two specific records related the Office of the Inspector General of the State Department: the first one related to former acting IG Harold Geisel, and the second one related to inspection report ISP-I-13-18 released in March 2013. This is the inspection report (pdf) on Diplomatic Security where the inspectors concluded that Diplomatic Security’s Special Investigations Division (SID) lack independence. The OIG recommended that “The Office of the Deputy Secretary should restructure the investigative responsibilities currently assigned to the Special Investigations Division. The outcome should include safeguards to prevent any Department of State or Diplomatic Security official from improperly influencing the commencement, course, or outcome of any investigation.” We don’t know if anything happened in that front but in any case, Citizens United wanted to see all the details, potentially messy, generated by that report. We should also note that this specific report previously made a cameo appearance in another lawsuit in Texas and attracted congressional interest.

Below excerpted from court records:

CITIZENS UNITED’S SEPTEMBER 16, 2014 FOIA REQUEST (GEISEL RECORDS), F-2014-16237

11. On September 16, 2014 Citizens United submitted a FOIA request, online, to Defendant. See Exhibit B (FOIA Request Letter). The request sought:

On April 25, 2011, The Washington Post reported on the vacant State Department’s Inspector General position. The Washington Post reported that: “One high-ranking official familiar with the selection process said the State Department’s current leadership had opposed filling the top slot because it prefers the office to remain under Geisel’s supervision.” On April 5, 2011 the Government Accountability Office (GAO) released a report titled State Department Inspector General, Actions To Address Independence And Effectiveness Concerns Are Under Way, (GAO-11-382T). The records I request can be described as follows: Any and all records, correspondence, and memos, in any and all formats, that mention, discuss, or reference the performance of Harold W. Geisel as acting State Department inspector general, the nomination of an inspector general, potential candidates for inspector general, a preference or desire to retain Harold W. Geisel as acting State Department inspector general, the aforementioned GAO report, and/or the vacant inspector general position in any context that were sent to and/or sent from any of the following individuals: Secretary of State Hillary Clinton, Office Manager Claire Coleman, Counselor and Chief of Staff Cheryl Mills, Deputy Chief Of Staff for Operations Huma Abedin, Deputy Chief of Staff for Policy Jacob Sullivan, Executive Assistant Alice Wells, Senior Advisor Jeannemarie E. Smith, Special Assistant Lona Valmoro, Special Assistant Nima Abbaszadeh, Special Assistant Bernadette Meehan, Deputy Secretary Thomas Nides, Deputy Secretary William J. Burns, Under Secretary Patrick F. Kennedy, Under Secretary Wendy R. Sherman, and Acting Deputy Department Spokesman Mark C. Toner.

B. CITIZENS UNITED’S SEPTEMBER 16, 2014 FOIA REQUEST (INSPECTOR GENERAL REPORT), F-2014-16250

16. On September 16, 2014 Citizens United submitted a FOIA request, online, to Defendant. See Exhibit D (FOIA Request Letter). The request sought:

Any and all correspondence, memos, or records, in any format, that mention, reference, or discuss the State Department Office of Inspector General report The Bureau Of Diplomatic Security, Office Of Investigations And Counterintelligence, Divisions Of Special Investigations, Criminal Investigations, And Computer Investigations And Forensics (ISP-I-13-18), and/or any previous drafts of the report, and that were sent to, or sent from, the following individuals: Hillary Rodham Clinton, Cheryl D. Mills, Huma Mahmood Abedin, Jennemaire E. Smith, Lona Valmoro, Joanne Laszczych, Monica Hanley, Robert V. Russo, and Nora F. Toiv.

This should be interesting unless everything get Sharpied out.  The case is  Citizens United v. United States Department of State, Civil Action No. 15-cv-441 (pdf).

Also this:

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Burn Bag: Where taking “open door” seriously can ruin corridor reputation … oh woe!

Posted: 2:19  am EDT

 

When management at your post in crisis tells you they have an open door and want to know how people are feeling, then tells you your (widely shared) concern is insignificant and you are ruining your corridor reputation by bringing it up.