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:

.

#

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.

 

 

Snapshot: State/INL’s Counternarcotics Program Afghanistan — $220 Million With Unclear Results

Posted: 1:04  am EDT

 

Via State/OIG:

Afghanistan produces three-quarters of the world’s illicit opium, with cultivation reaching a record high in 2013. To reduce, among other things, illicit opium revenue for the insurgency in Afghanistan, the Department of State (Department), Bureau of International Narcotics and Law Enforcement Affairs (INL), assists the Government of the Islamic Republic of Afghanistan (GIRoA) with initiatives aimed at reducing opium’s supply and demand. Since 2006, INL has expended $220 million on seven Counternarcotics (CN) initiatives in Afghanistan according to its Financial Management Activity Report (FMAR).
[…]
The degree to which INL’s CN program for Afghanistan has achieved desired results is unclear because INL has not fully developed or implemented Performance Measurement Plans (PMPs)2 to track progress for its CN initiatives and to allow for appropriate budgeting. As a result, INL cannot determine whether its Afghan CN initiatives are successful or should be revised, reduced, or canceled. Additionally, the long-term viability of CN initiatives is unclear because INL had not worked with the GIRoA to develop required sustainment plans that detail how CN initiatives will continue without U.S. assistance.

Screen Shot 2015-03-25

Click on image for larger view. (Click here for OIG report in pdf)

Above graphic extracted from State/OIG Audit of Bureau of International Narcotics and Law Enforcement Affairs Counternarcotics Assistance to Afghanistan, November 2014 (pdf).

Related to our blog post on Colombia, note that INL’s program in Afghanistan does not seem to include aerial eradication ( see State/INL: Anti-Drug Aerial Eradication in Colombia and the Cancer-Linked Herbicide, What Now?).

 #

 

Anything Can Be Sold Campaign: Try ‘Afghanistan, Always An Adventure’ — The Pomegranate Peace (Excerpt)

Posted: 1:32 am EDT

rashmeeRashmee Roshan Lall started with The Times of India newspaper in Delhi, made a brief foray into publishing as editor of Rupa and HarperCollins India, and then took up broadcasting with the BBC World Service in London. She presented ‘The World Today’, BBC World Service’s flagship news and current affairs program. She was subsequently The Times of India’s Foreign Editor based in London, reporting on Europe. Till June 2011, she was editor of The Sunday Times of India. A Foreign Service spouse, she previously spent a year in Kabul, Afghanistan, working for the US Embassy’s Public Affairs Section. She also spent six months in Washington, D.C., reporting on the 2012 American presidential election.  Visit her website at www.rashmee.com.

The Pomegranate Peace is a work of fiction.  The author of that dark dramedy on Iraq clearly see this book as art imitating life.  Five million dollars in U.S. taxpayer money, handed over to an Afghani-Canadian contractor resident in Vancouver to grow pomegranates instead of poppy? Check.  Peter Van Buren  writes that “one could retitle Pomegranate Peace as We Meant Well, Too and not be too far off the mark.”   And we have to agree.  The excerpt below is Chapter 11 of the book; we imagine this is how you brand a country — with a PR flak, lots of money and a small shot glass topped with magic and imagination.  Read more via Amazon, HuffPo, the Good Book Corner.  Thanks to Rashmee, Piers  and Arcadia Books for permission to share the following excerpt with our readers.

pomegranate peace cover

Reprinted from The Pomegranate Peace by Rashmee Roshan Lall by arrangement with Arcadia Books Limited. Copyright © 2013 Rashmee Roshan Lall. Available as an ebook from any ebook platform.

* * *

Mr Khayber Ahmad, veteran of regime change, was not the only one thinking ahead to yet another transition. Over at the embassy, we were obsessed with plans for departure. Our president had set a date, or at least the year: 2014. We had 700 days to shape up and ship out. I was on the Transition Planning Team (Small), otherwise known as TPTS, or Tippets if you wanted to run everything together because you had run out of time, or patience, or the desire to be accurate.

Tippets was born of Tipple, the Transition Planning Team (Large) or TPL. The smaller group had a hundred people; the large was twice as big. Tippets was supposed to think, plan, do (TPD). That is how ‘Campaign Afghanistan’ began. Out of two acronyms and a string of alphabets. I was there. I saw it come into existence. I watched it take shape and I was present when it was launched.

It took a little while for Campaign Afghanistan to become the new standard for management courses taught at American universities. But it happened because of Sam Starkowsky’s excellent and highly readable book, The Donkey in the Dark. The book became a bestseller and Little Sam was anointed the world’s favourite management guru. But at the time, no one could have imagined that Little Sam would turn the 30-million-dollar ‘Campaign’ into the American version of Rumi’s 700-year-old story ‘The Elephant in the Dark’. And a solid business theory to boot, one which is routinely cited as the essential philosophy of creative problem-solving.

Everyone now knows the way in which Professor Starkowsky reprised Rumi. The original had a group of men touching an elephant in a dark room and offering wildly differing reports on the creature. The one who touched the trunk said it had to be a hosepipe; the man who felt the beast’s ear thought it was surely a fan; the third ran his hand over the animal’s leg and pronounced it a pillar and the fourth caressed the elephant’s wide back and decided it was a throne. Just as Rumi used the story to illustrate the limits of individual perception, Little Sam’s modern fable about a dozen Americans and a donkey underlined the importance of seeing the whole, not just parts of a problem. I have to hand it to Little Sam. I never knew he had it in him. He seems to have been the only one at a Tippets meeting to see the big picture.

It seemed such a good idea at the start even though the memo that set it off was the usual bureaucratese:

Agenda for TPTS:

TPD for APA – Sustainability. Selling Afghanistan to tourists, businessmen, the world.

To decode, this meant that the Transition Planning Team (Small)’s Think, Plan, Do strategy for Afghanistan-Post-America was all about selling the country as a brand.

As a former journalist, I was on the Tippets Working Group, which was smaller – just 25 people. We spent a whole day talking ‘Afghanistan, the idea’. Much of the time we debated the images that come to mind when the name Afghanistan is said out loud. Mountains, brave men, weapons, war, beautiful but benighted women. What, if any of that, to sell? Could it be sold at all?

Opinion on the working group was mixed. Little Sam thought that anything could be sold. Anecdotally, even refrigerators to Eskimos.

‘And in the real world, plots of land on the moon are sold,’ he said gravely. ‘And what about the promise of hundreds of thousands of dollars if you send a check for a mere ten bucks to a certain address? Dreams can be sold,’ he added persuasively, ‘though sometimes they might be dud.’

 

Continue reading

Dear USAID OIG — That Nonprofit Contractor Mess Really Needs a Fact Sheet

Posted: 1:23  am EDT

 

.

.

.

.

.

We’ve used the USAID OIG website but it does not have a smart nor responsive search function. We wanted to know how many inspections, audits, whatev reports the Office of the Inspector General at USAID did on IRD over the years.  If they were rigorous in their oversight and USAID and  the State Department did not do anything about it, that is an important component to this story.  And if that is true, we wanted to see just how rigorous based on the reports the oversight office put out through the years, because how else can we tell but by the number and quality of their output?

We sent a direct message to USAID OIG via Twitter and we got a response back:

.
For specific inquiries, please contact our office directly http://oig.usaid.gov/content/contact-usaid-oig

.

You click on that link and you’re told that “for media or general information inquiries, contact the OIG’s Immediate Office by mail, telephone, or fax. Whoa!  The Immediate Office, apparently, is not immediate enough.

.

Late last year, following a Washington Post report on a USAID program in Pakistan, USAID OIG released (pdf) a statement with the following:

OIG is committed to providing products and information that are responsive to the needs of external customers and stakeholders. In responding to questions posed by Members of Congress and congressional staff, OIG has always endeavored to provide complete and accurate information based on the documentation and information available to us.

This is USAID’s largest nonprofit contractor.  According to WaPo, USAID suspended IRD this past January from receiving any more federal work. The suspension came in the wake of allegations of misspending highlighted in a Post investigation in May 2014.  USAID told the Post that they are cracking down on contractors who misspend tax money.

Hookay. So let’s start with finding out what type of oversight USAID OIG provided on IRD contracts since 2006. This is one time when those USAID OIG Fact Sheets would really be helpful.

#

 

Related items:

USAID Suspends Big Contractor IRD: What Took So Long? (NonProfit Quarterly)

Doing well by doing good: The high price of working in war zones (WaPo, May 2014)

 

Former FSO Joan Wadelton With Truthout Goes to Court Over FOIA Case

Posted: 1:0808 am EDT

 

We didn’t know this but former FSO Joan Wadelton was joined by non-profit organization, Truthout in her FOIA lawsuit (pdf) against the State Department. Her formal complaint includes the following:

Over the past decade, Wadelton has collected evidence demonstrating that the type of treatment she received from HR was not unique to her, but instead was the product of a systematic manipulation of the selection board promotion process by a circle of current and former high-level HR managers to advantage themselves and their allies and to disadvantage those they did not favor.

See more here.

Since this is a FOIA case, the Clinton emails made their first walk-in part. We expect that these emails will be cited in many more cases in the court system before too long.

Via Politico:

The saga stemming from revelations about Hillary Clinton’s use of a private email account as secretary of state made its way into a federal courtroom in Washington Wednesday afternoon in an ex-foreign service officer’s lawsuit for records related to her dismissal.

The discussion of the State Department’s email issues—including a disclosure last week that the agency did not automatically archive the email of many top officials until February of this year—came at a hearing on a Freedom of Information Act suit filed by former State employee Joan Wadelton.
[…]

“The State Department has proposed filing a motion for summary judgment in August 2015, stating it requires nearly six months to compile a Vaughn index for approximately 450 documents. The Court is not convinced, without a further and clearer showing of necessity, that six months is needed to complete this task,” wrote Chutkan, an Obama appointee. She ordered the government to offer a written explanation by March 30 of why that many months are needed.

Wadelton’s complaints about favoritism and irregular employment practices at State have been covered by various diplomacy-related blogs and news outlets, including here at the Atlantic.

The Vaughn Index is an itemized index, correlating each withholding with a specific FOIA exemption and a justification for that justification. This document is prepared by the agency, in this case, the State Department, to justify any FOIA withholdings made.

 #

Related posts:

Joan Wadelton: Time To Fix The State Department (via WhirledView)

Joan Wadelton’s Appeal Makes it to FSGB 2011 Annual Report to Congress (diplopundit.net)

Joan Wadelton’s Case: That’s One Messy Promotion Scorecard, Next Up – It’s GAO Time! (diplopundit.net)

GAO Examines Foreign Service Promotion Process — Strengthened But Documentation Gaps Remain) (diplopundit.net)

U.S. District Court for the Court of the District of Columbia | Wadelton v. State Department, 4/25/13 (pdf)

Wadelton Case | The FOIA Project

WADELTON et al v. DEPARTMENT OF STATE | Complaint 4/1/2013 (pdf)

 

U.S. Embassy Uganda Warns of Possible Terrorist Threats to Western Interests

Posted: 9:15 pm PDT

 

Via U.S. Embassy Kampala, March 25, 2015

The U.S Embassy has received information of possible terrorist threats to locations where Westerners, including U.S. citizens, congregate in Kampala, and that an attack may take place soon.  Out of an abundance of caution, the U.S. Mission has cancelled some non-essential events scheduled at local hotels in the coming days.  U.S. citizens staying or visiting hotels should expect increased security sweeps and delays when entering or exiting hotel areas.

#

New Front in Regional Chaos: Saudi Arabia Launches Air Strikes Against Houthis in Yemen

Posted: 6:15 pm PDT

 

.

.

.

.

.

.

.

.

State/INL: Anti-Drug Aerial Eradication in Colombia and the Cancer-Linked Herbicide, What Now?

Posted: 3:35  am EDT

 

.

.

Somebody just wrote us a note saying “It’s not clear why the Department has such a hard time with the facts … Colombian academics and others have offered convincing evidence that spraying roundup in their country is a major health issue and yet the Department resorts to ad hominem attacks rather than dealing with the facts.”  

Two academics were allegedly “treated poorly” when they tried to discuss their findings with the INL staff at the U.S. Embassy in Bogotá in 2013. We have no way of confirming this either way but given the recent news from the World Health Organization, we wanted to know what happens now.   The embassy’s aerial eradication page appears to be outdated by several years.  Its Public Affairs Office does not have a publicly listed contact email. We have reached out to a couple of offices in Foggy Bottom but have not heard anything back.

In 2012, Jenny O’Connor wrote a piece in CounterPunch about Colombia’s Agent Orange. She noted that a core element of U.S. anti-drugs policy in Colombia has been the destruction of coca fields by aerial chemical fumigation thus impacting the cocaine trade at its source.  She cited the Chaco Government investigation in 2010 where its report found that “since the use of glyphosate based herbicides began in 2002 the communities most exposed had experienced an alarming increase in birth defects, spontaneous abortion and leukaemia, brain tumours and lymphomas in children under the age of 15.”

In 2013, WOLA described the coca fumigation in Colombia:

Aircraft, mostly piloted by contractor personnel, fly over coca-growing zones spraying “Round-Up Ultra,” an herbicide including the active ingredient glyphosate, over about 100,000 hectares per year of Colombian territory. Between 1996 and 2012, aircraft have sprayed herbicides over 1.6 million hectares of Colombia—an area equivalent to a square 80 miles on each side. The corners of such a square would stretch from the Washington suburbs to the Philadelphia suburbs. That’s the equivalent of one hectare sprayed every 5 minutes and 29 seconds since January 1, 1996.
[…]
While fumigation has contributed modestly to reduced coca growing, it has done so at a steep cost, both in dollars and in goodwill toward Colombia’s government in conflictive territories where it is most needed.
[…]
Testimonies of health and environmental damage from fumigation have proliferated, but are hard to verify. Still, the damage to the government’s credibility is already done when the local population believes them to be true. And nearly everyone in affected zones can cite a case of legal food crops destroyed by spraying, forcing families to confront hunger.

 

It looks like the last certification posted online on the Secretary of State’s certification on the aerial eradication is dated August 10, 2007.

Memorandum of Justification Concerning the Secretary of State’s 2007 Certification of Conditions Related to the Aerial Eradication of Illicit Coca in Colombia

The Secretary of State determined and certified in 2002, 2003, 2004, 2005, and 2006 that the herbicide mixture, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment. After previous consultations with EPA, the Department of State and the Government of Colombia have incorporated all EPA recommendations to strengthen spray program controls and ensure increased protection against adverse effects to humans and the environment. The Department of State is not aware of any published scientific evidence of risks or adverse effects to humans or the environment that have surfaced since the 2006 certification. Included below is a brief review of the conditions that allow the Secretary to recertify to Congress in 2007 that the herbicide mixture, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment.

In the 2004 EPA report, EPA offered the following assessment of human health concerns related to the spraying of coca in Colombia: “Despite an aggressive search for cases, there does not appear to be any evidence that glyphosate aerial spraying has resulted in any adverse health effects among the population where this spraying takes place.” EPA also concluded “that an aggressive program to identify glyphosate poisoning has been implemented in the areas of Colombia where illicit crop eradication spraying programs are prevalent.” A significant number of health care providers have received training and additional training is under way or planned.

We have been unable to locate a more recent justification for the use of glyphosate in aerial spraying.  If there is a more recent one, please send us a link.

 

State/INL’s 2015 International Narcotics Control Strategy Report (INCSR) includes the following details:

Colombian Ministry of Defense authorities reported seizing over 207.4 MT of cocaine and cocaine base in 2014, and eliminated tons of additional potential cocaine through the combined aerial and manual eradication of 67,234 ha of coca over the year.
[…]
In areas where Colombia allows aerial eradication, coca fields are less productive than they were when eradication operations began in the late 1990s. Nevertheless, illicit cultivation continues and is increasing in Colombia’s national parks, indigenous reserves, the department of Norte de Santander, and within a 10-kilometer zone along the border with Ecuador, where Colombian law or international and regional agreements prohibit aerial eradication.

In late 2014, the governments of Colombia and Ecuador implemented an agreement to reduce the border exclusion zone to 5 kilometers which permits expanded aerial eradication along the Colombian-Ecuadorian border. Colombia aerially eradicated 55,532 ha of coca in 2014, surpassing its goal of 55,000 ha. Colombia manually eradicated 11,702 ha of coca in 2014, falling short of its goal of 14,000 ha. Numerous local level protests blocking access roads to coca fields were a major obstacle to manual eradication’s ability to operate in major coca growing regions.

The Wall Street Journal reports that the EPA concluded in a 2012 study that glyphosate meets safety standards for human health when used in keeping with its label. The agency is reportedly conducting a scheduled review of glyphosate in conjunction with Canadian regulators.

 #