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Tweet of the Day: Ambassador John Bass Now in Turkey

– Domani Spero

 

Ambassador John Bass arrived in Ankara over the weekend. Here is his intro video.  Today, he presented his credentials to Recep Tayyip Erdoğan, the President of Turkey.

 

U.S. Embassy Ankara also got a new deputy chief of mission, Lawrence (Larry) Mandel who was previously Director of the Office of Performance Evaluation, from October 2011 to September 2013.  He also he served as Deputy Chief of Mission at the U.S. Embassy in Amman, Jordan.

İyi şanslar!

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Burn Bag: CG Sighting! CG Sighting! Near Window #36, the Consular Section, Now!

Via Burn Bag

“The CG [consul general] of our very large consular section was recently on leave for several weeks, not that anybody noticed.  She interacts with her staff so rarely that we’ve begun to make jokes about “CG sightings” in the consular section (Note:  she’s up to six after a year here).  Apparently, however, this was simply too much interaction and she has convinced CA [Consular Affairs] to create a Deputy CG position.  Huh?”

via reactiongifs.com

via reactiongifs.com

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State Dept Security Officer Alleged Sexual Misconduct: Spans 10 Years, 7 Posts

– Domani Spero

 

One of the most serious allegations contained in the CBS News report last year include a regional security officer (RSO) reportedly assigned in Lebanon who “engaged in sexual assaults” with local guards.

The memo, reported by CBS News’ John Miller, cited eight specific examples, including allegations that a State Department security official in Beirut “engaged in sexual assaults” with foreign nationals hired as embassy guards and the charge and that members of former Secretary of State Hillary Clinton’s security detail “engaged prostitutes while on official trips in foreign countries” — a problem the report says was “endemic.”

USA Today reported that the regional security officer in Beirut allegedly sexually assaulted guards and was accused of similar assaults in Baghdad, Khartoum and Monrovia. Then-director of Diplomatic Security Service, called the allegations a “witch hunt” and gave agents “only three days” to investigate, and no charges were brought.

It turns out, according to State/OIG that this RSO already had “a long history of similar misconduct allegations dating back 10 years at seven other posts where he worked”

It boggles the mind … the RSO typically supervises the local guard force!

Seven posts! Just stop and think about that for a moment. This was the embassy’s top security officer; a sworn federal law enforcement officer who was responsible for the security of Foreign Service personnel, property, and sensitive information throughout the world.

Below is an excerpt from the State/OIG investigation. We regret if this is going to make you puke, but here it is:

The second DS internal investigation in which OIG found an appearance of undue influence and favoritism concerned a DS Regional Security Officer (RSO) posted overseas, who, in 2011, allegedly engaged in sexual misconduct and harassment. DS commenced an internal investigation of those allegations in September 2011.

However, at the time the investigation began, the RSO already had a long history of similar misconduct allegations dating back 10 years at seven other posts where he worked. A 2006 DS investigation involving similar alleged misconduct led to the RSO’s suspension for 5 days.

OIG found that there was undue delay within the Department in adequately addressing the 2011 misconduct allegations and that the alleged incidents of similar misconduct prior to 2011 were not timely reported to appropriate Department officials.7 OIG also found that, notwithstanding the serious nature of the alleged misconduct, the Department never attempted to remove the RSO from Department work environments where the RSO could potentially harm other employees, an option available under the FAM.8 Notably, the DS agents investigating the 2011 allegations reported to DS management, in October 2011, that they had gathered “overwhelming evidence” of the RSO’s culpability.

The agents also encountered resistance from senior Department and DS managers as they continued to investigate the RSO’s suspected misconduct in 2011. OIG found that the managers in question had personal relationships with the RSO. For instance, the agents were directed to interview another DS manager who was a friend of the RSO, and who was the official responsible for selecting the agents’ work assignments. During the interview, the manager acted in a manner the agents believed was meant to intimidate them. OIG also found that Department and DS managers had described the agents’ investigation as a “witch hunt,” unfairly focused on the RSO. Even though OIG did not find evidence of actual retaliation against the investigating agents, OIG concluded that these circumstances, including the undue delay, created an appearance of undue influence and favoritism concerning DS’s investigation and the Department’s handling of the matter.

Ultimately, in November 2013, based on evidence collected by DS and the Department’s Office of Civil Rights, the Department commenced termination of employment proceedings against the RSO. The RSO’s employment in the Department did not end until mid-2014, approximately 3 years after DS initially learned of the 2011 allegations.

 

The State/OIG report cleared Clinton’s chief of staff, Cheryl Mills, for allegedly interceding in an investigation by the Diplomatic Security Service concerning a nominee to be U.S. Ambassador. The Assistant Secretary of State for Diplomatic Security incumbent referred to below had been snared in the Benghazi-fallout, and resigned in December 2012:

The third DS internal investigation in which OIG found an appearance of undue influence and favoritism involved the unauthorized release in mid-2012 of internal Department communications from 2008 concerning an individual who was nominated in early-2012 to serve as a U.S. Ambassador. (The nominee’s name was withdrawn following the unauthorized release.) DS commenced an internal investigation related to the unauthorized release of the internal communications. The then Chief of Staff and Counselor to the Secretary of State was alleged to have unduly influenced that investigation.

OIG found no evidence of any undue influence by the Chief of Staff/Counselor. However, OIG did find that the Assistant Secretary of State in charge of DS had delayed for 4 months, without adequate justification, DS’s interview of the nominee, and that delay brought the investigation to a temporary standstill. OIG concluded that the delay created the appearance of undue influence and favoritism. The case was ultimately closed in July 2013, after the nominee was interviewed and after DS conducted additional investigative work.

No Undue Influence or Favoritism in Four Cases 

OIG did not find evidence of perceived or actual undue influence or favoritism in four of the DS internal investigations reviewed, and, in two of those four, determined that no further discussion was warranted. However, two cases are discussed further in this review because OIG found one common issue in both cases that requires remedial action—the failure to promptly report alleged misconduct to the DS internal investigations unit for further review.

Three DS special agents allegedly solicited prostitutes in 2010 while serving on the security detail for the Secretary of State. Although managers on the security detail learned of some of the alleged misconduct at or near the time it occurred, they did not notify the DS internal investigations unit, which normally handles such matters. A DS internal investigations agent only learned about the three cases while conducting an unrelated investigation. As a result, no action was taken to investigate the misconduct allegations until October 2011, 18 months after the first alleged solicitation occurred. As a result of the investigation then conducted, the three agents were removed from the Secretary’s security detail, and their cases were referred for further disciplinary action. One agent subsequently resigned; the allegations against the other two agents were not sustained.9

A DS special agent who worked in a domestic field office allegedly falsified time and attendance records over a 17-month period between January 2011 and May 2012. DS management in the domestic field office knew about the allegations but did not promptly report them to the DS internal investigations unit. In May 2012, during the course of an unrelated investigation involving the DS special agent, the DS internal investigations unit learned of the allegations of false time and attendance reporting. An internal investigation was then commenced, and the DS special agent subsequently resigned. DS also referred the matter to the Department of Justice, which declined prosecution of the case.

One footnote:

In the SBU report provided to Congress and the Department, OIG noted that one agent subsequently resigned; the allegations against a second agent were not sustained; and the third agent had initiated a grievance proceeding, which was pending, challenging the discipline determination. However, after the SBU report was issued, the Department advised OIG that the third agent’s grievance proceeding was resolved with a finding by the Foreign Service Grievance Board not sustaining the charges.

One Review Ongoing 

The eighth DS internal investigation reviewed by OIG concerned the use of deadly force during three incidents that took place during counternarcotics operations in Honduras in 2012. OIG has commenced a joint review with the U.S. Department of Justice, Office of the Inspector General. The investigation remains under review, and OIG will issue a separate report on the matter.

The above case was cited in the USA Today report:

“The Diplomatic Security Service said William Brownfield, assistant secretary of State for the Bureau of International Narcotics and Law Enforcement Affairs, “gave the impression” that a probe of the shooting deaths of four Hondurans involving the Drug Enforcement Administration should not be pursued. The case remained open when the memo was written, as the DEA would not cooperate.”

OIG Recommendations – open and unresolved

  1. The Department should take steps (as previously recommended in OIG’s report on the 2012 inspection (ISP-I-13-18)), to enhance the integrity of DS’s internal investigations process by implementing safeguards to prevent the appearance of, or actual, undue influence and favoritism by Department officials.
  2. The Department should clarify and revise the Foreign Affairs Manual and should promulgate and implement additional protocols and procedures, in order to ensure that allegations of misconduct concerning Chiefs of Mission and other senior Department officials are handled fairly, consistently, and independently.

The end.

 

Related posts:

 

Related item:

-09/30/14   Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security (ESP-14-01)  [685 Kb] Posted on October 16, 2014

 

 

 

 

 

 

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State/OIG Releases Investigation on CBS News Allegations: Prostitution as “Management Issues” Unless It’s Not

– Domani Spero

 

In June last year, CBS News’ John Miller reported that according to an internal State Department Inspector General’s memo, several recent investigations were influenced, manipulated, or simply called off at the State Department. The memo obtained by CBS News cited eight specific examples.

Memos showed that probes included allegations of:

  • A State Department security official in Beirut “engaged in sexual assaults” on foreign nationals hired as embassy guards
  • Members of former Secretary of State Hillary Clinton’s security detail “engaged prostitutes while on official trips in foreign countries” — a problem the report says was “endemic.”
  • An “underground drug ring” was operating near the U.S. Embassy in Baghdad and supplied State Department security contractors with drugs.
  • The case of a U.S. Ambassador who held a sensitive diplomatic post and was suspected of patronizing prostitutes in a public park.
  • Investigation into an ambassador who “routinely ditched … his protective security detail” and inspectors suspect this was in order to “solicit sexual favors from prostitutes.”
  • “We also uncovered several allegations of criminal wrongdoing in cases … some of which never became cases,” said Aurelia Fedenisn, a whistleblower and former investigator for the Inspector General.

You may revisit that CBS News report here. At that time, State/OIG told us that “On its own initiative, OIG’s Office on Investigations has been conducting an independent review of allegations referred to it by our Office of Inspections.” In a statement to CBS News, State/OIG also said about the investigation: “We staffed it independently and appropriately and they were people hired specific for this review at the end of 2012. They are on staff. We staffed it with the best people we can find at hand to do the job.”

We’ve blog about this previously:

Yesterday, State/OIG finally released its long-awaited report to this investigation, excerpt below:

The allegations initially related to eight, high-profile, internal investigations. [...]

In three of the eight internal investigations, OIG found that a combination of factors in each case created an appearance of undue influence and favoritism by Department management. The appearance of undue influence and favoritism is problematic because it risks undermining confidence in the integrity of the Department and its leaders.

This review assesses the Department’s handling of those eight investigations. OIG did not reinvestigate the underlying cases. In conducting this review, OIG interviewed Department employees, examined case files, and reviewed 19,000 emails culled from the Department’s electronic communications network. OIG’s findings are not necessarily indicative of systemic issues affecting all DS cases. However, they reveal issues with current Department policies and procedures that may have significant implications regarding actual or perceived undue influence.

Handling “management issues” relating to a U.S. Ambassador

OIG found that, based on the limited evidence collected by DS, the suspected misconduct by the Ambassador was not substantiated. DS management told OIG, in 2013, that the preliminary inquiry was appropriately halted because no further investigation was possible. OIG concluded, however, that additional evidence, confirming or refuting the suspected misconduct, could have been collected. For example, before the preliminary inquiry was halted, only one of multiple potential witnesses on the embassy’s security staff had been interviewed. Additionally, DS never interviewed the Ambassador and did not follow its usual investigative protocol of assigning an investigative case number to the matter or opening and keeping investigative case files.
[...]
The Under Secretary of State for Management told OIG that he decided to handle the suspected incident as a “management issue” based on a disciplinary provision in the FAM that he had employed on prior occasions to address allegations of misconduct by Chiefs of Mission. The provision, applicable to Chiefs of Mission and other senior officials, states that when “exceptional circumstances” exist, the Under Secretary need not refer the suspected misconduct to OIG or DS for further investigation (as is otherwise required).2 In this instance, the Under Secretary cited as “exceptional circumstances” the fact that the Ambassador worked overseas.3 (underlined for emphasis)

DS managers told OIG that they viewed the Ambassador’s suspected misconduct as a “management issue” based on another FAM disciplinary provision applicable to lower-ranking employees. The provision permits treating misconduct allegations as a “management issue” when they are “relatively minor.”4 DS managers told OIG that they considered the allegations “relatively minor” and not involving criminal violations.

Office of the Legal Adviser staff told OIG that the FAM’s disciplinary provisions do not apply to Ambassadors who, as in this instance, are political appointees and are not members of the Foreign Service or the Civil Service.5

OIG questions the differing justifications offered and recommends that the Department promulgate clear and consistent protocols and procedures for the handling of allegations involving misconduct by Chiefs of Mission and other senior officials. Doing so should minimize the risk of (1) actual or perceived undue influence and favoritism and (2) disparate treatment between higher and lower-ranking officials suspected of misconduct.6

But the footnotes!

2* 3 FAM 4322.2 states that incidents or allegations involving Chiefs of Mission that could serve as grounds for disciplinary action and/or criminal action must be immediately referred to OIG or DS to investigate. This section further states that “[i]n exceptional circumstances, the Under Secretary for Management…may designate an individual or individuals to conduct the investigation.” No guidance exists describing what factors to consider in determining what constitutes “exceptional circumstances.”

3* In the SBU report provided to Congress and the Department, OIG cited an additional factor considered by the Under Secretary—namely, that the Ambassador’s suspected misconduct (solicitation of prostitution) was not a crime in the host country. However, after the SBU report was issued, the Under Secretary advised OIG that that factor did not affect his decision to treat the matter as a “management issue” and that he cited it in a different context. This does not change any of OIG’s findings or conclusions in this matter.

4* 3 FAM 4322.3.a provides that a management official “must initially determine whether he, she, or another management official should be the investigating official, or whether the matter should be referred to” OIG or DS for further action. This section further provides that if the official determines that the “alleged misconduct is relatively minor, such as leave abuse or failure to perform assigned duties, that official or another management official may handle the administrative inquiry” and need not refer the matter to OIG or DS.

5* After the SBU report was issued, the Under Secretary of State for Management advised OIG that he disagrees with the Office of the Legal Adviser interpretation, citing the provisions in the Foreign Service Act of 1980 which designate Chiefs of Mission appointed by the President as members of the Foreign Service. See Foreign Service Act of 1980, §§ 103(1) & 302(a)(1) (22 USC §§ 3903(1) & 3942(a)(1)).

6* During the course of this review, OIG discovered some evidence of disparity in DS’s handling of allegations involving prostitution. Between 2009 and 2011, DS investigated 13 prostitution-related cases involving lower-ranking officials. OIG found no evidence that any of those inquiries were halted and treated as “management issues.”

OIG to M’s “exceptional circumstances”  — what the heck is that?

“…OIG concludes that the Under Secretary’s application of the “exceptional circumstances” provision to remove matters from DS and OIG review could impair OIG’s independence and unduly limit DS’s and OIG’s abilities to investigate alleged misconduct by Chiefs of Mission and other senior Department officials.

Well, it’s shocking that M, DS and the Legal Adviser could not agree on a simple thing. We do think the OIG is exactly right here. Why have an oversight and investigation arm if some higher up can declare no investigation necessary under an “exceptional circumstances”clause, that’s not even spelled out.

The Inspector General is ranked equivalent to an Assistant Secretary.  According to the regs, he reports directly to the Secretary, the Board, the Commissioner and the head of any other organization for which the OIG is assigned oversight responsibility, or to the extent such authority is delegated, to the officer next-in-rank. But 1 FAM 053.2-2 Under Secretary for Management (M) (CT:ORG-312; 07-17-2013)  put in place before the current OIG assumed office, also has this to say:

The Under Secretary for Management (M) is the Secretary’s designated top management official responsible for audit and inspection follow-up and the Secretary’s designee for impasse resolution when Department officials do not agree with OIG recommendations for corrective action.

We’ll have to watch and see how this turns out.  Must add that nowhere in the Foreign Affairs Manual does it say that the Inspector General may not/not investigate matters considered “management issues” under  “exceptional circumstances.”

 

Related item:

-09/30/14   Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security (ESP-14-01)  [685 Kb] Posted on October 16, 2014

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VPOTUS Swears-In Jane Hartley as Ambassador to France and Monaco

– Domani Spero

 

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President Obama announced his intent to nominate Ms. Hartley on June 6, 2014. The WH released the following brief bio at that time.

Jane D. Hartley is the Chief Executive Officer of Observatory Group, LLC, a position she has held since 2007.  From 1994 to 2007, Ms. Hartley worked for the G7 Group, serving as its Chief Executive Officer from 1995 until her departure. From 1987 to 1989, Ms. Hartley served as Vice President and Station Manager at WWOR-TV in Secaucus, New Jersey. From 1985 to 1987, Ms. Hartley was Vice President of Marketing of MCA Broadcasting (Universal). She was Vice President of Corporate Communications at Westinghouse Broadcasting from 1983 to 1985, and Vice President of New Markets Development at Group W Cable from 1981 to 1983. From 1978 to 1981, Ms. Hartley served as Associate Assistant to the President in the Office of Public Liaison at the White House, and was Director of Congressional Relations at the Department of Housing and Urban Development from 1977 to 1978. Ms. Hartley was the Executive Director of the Democratic Mayors’ Conference for the Democratic National Committee from 1974 to 1977. She has served as a Member of the Board of Directors of the Corporation for National and Community Service since 2012. She is a Member of the Board of Directors of Heidrick and Struggles and a member of the Board of Directors and Overseers of Memorial Sloan Kettering Cancer Center. Ms. Hartley is also on the Executive Committee of the John F. Kennedy School of Government at Harvard University. She is a former Vice Chairman and member of the Executive Committee of the Economic Club of New York, and a member of the Council on Foreign Relations. Ms. Hartley received a B.A. from Boston College (Newton College).

Ms. Hartley had her Senate Foreign Relations Committee confirmation hearing on July15, 2014. On September 16, 2014, the U.S. Senate confirmed her as U.S. Ambassador to France and Monaco. This is one of those nominations that went through the process rather quickly; something that’s becoming a rarity in Washington these days.

The published Certificate of Competency says (via-Hartley, Jane D. – French Republic – July 2014):

Jane Hartley, currently the Chief Executive Officer of Observatory Group, LLC in New York City and a Member of the Board of Directors of Heidrick and Struggles in Chicago, has been the CEO of macroeconomic and political advisory firms for the past two decades. She is known for her critical analyses of the G7 countries and her depth of knowledge of French political and economic policies. A vibrant, experienced leader, Ms. Hartley will bring key skills to the task of furthering bilateral relations with the Government of France, a critical U.S. ally in the European Union and around the globe.[...] Ms. Hartley earned a B.A. at Boston College (Newton College). She speaks conversational French.

Ms. Hartley will replace businessman, Charles Rivkin who was chief of mission at US Embassy Paris from 2009–2013 (he is currently the Assistant Secretary at State’s Bureau of Economic and Business Affairs (EB)). Since the 1960s, all ambassadorial appointments to Paris had been political appointees except for one.

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Here’s What You’ve Been Waiting For — a Rap Video Featuring the Embassy Drexel Furniture!

– Domani Spero

 

One of our readers sent us a YouTube link below to a rap video reportedly filmed entirely in one of our Embassy houses. “The proof is in the background – the Drexel Heritage furniture!” We are not big on rap music but who can ignore the Drexel furniture?

It looks like the clip was made in early October in Abidjan, Ivory Coast  and currently has 800+ views. Dear heavens, that avocado green couch is a nightmare!

 

According to http://www.marvinjperry.com/contracts/:

Drexel Heritage Furnishings Inc., based in Drexel North Carolina, ranks among the top furniture manufacturers in the world in terms of size and volume. Drexel Heritage has been a major supplier to the Federal government since four thousaand bedroom suites were made for government housing at Oak Ridge, Tennessee during WWII.

Drexel Heritage has teamed with Thomasville Furniture and MJP to provided the packaged room program for State Department, USAID Missions, and agencies at US Embassies. Includes complete furniture sets for: dining area, living area, bedrooms, etc.

A lot of online ink has been spilled over the Drexel furniture in the Foreign Service, here, here, here, and here to mention a few. This is the real State Department cover-up!

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State Dept OIG – Published Reports, September 2014

– Domani Spero

 

The following are the OIG inspection reports and audits posted online by State/OIG in September. All are in pdf format.

 

-09/30/14   Inspection of the Bureau of International Narcotics and Law Enforcement Affairs (ISP-I-14-24)  [925 Kb] Posted on October 9, 2014

-09/30/14   Inspection of the Bureau of Diplomatic Security, High Threat Programs Directorate (ISP-I-14-23)  [584 Kb]  Posted on October 8, 2014

-10/31/14   Agreed-Upon Procedures Relating to Employee Benefits Information Submitted to the Office of Personnel Management (AUD-FM-15-01)  [648 Kb]  Posted on October 3, 2014

-09/30/14   Management Alert – Grant Management Deficiencies (MA-14-03)  [1541 Kb]  Posted on September 30, 2014

-09/30/14   Audit of Radio Free Europe/Radio Liberty After-employment Benefits (AUD-FM-IB-14-34)  [2093 Kb]  Posted on September 25, 2014

-09/30/14   Audit of International Boundary and Water Commission, United States and Mexico, U.S. Section, Information Security Program – AUD-IT-14-33  [1040 Kb]  Posted on September 24, 2014

-09/30/14   Management Assistance Report- Termination of Construction Grants to Omran Holding Group (AUD-CG-14-37)  [1338 Kb]  Posted on September 22, 2014

-09/30/14   OIG Inquiry Into Use of Confidentiality Agreements – sample letter  [389 Kb]  Posted on September 19, 2014

-09/30/14   OIG Inquiry Into Use of Confidentiality Agreements  [41 Kb]  Posted September 19, 2014

-09/30/14   Audit of the Department of State’s Management of the Marine Security Guard Program and Plans for Program Expansion (AUD-SI-14-30)  [4897 Kb]  Posted on September 18, 2014

-08/31/14   Compliance Follow-up Audit of Department of State Actions To Address Weaknesses in the Ownership, Award, Administration, and Transfer of Overseas Construction Funded by the President’s Emergency Plan for AIDS Relief (AUD-ACF-14-32)  [1414 Kb]  Posted on September 8, 2014

-08/31/14   Inspection of Embassy Kabul, Afghanistan (ISP-I-14-22A)  [977 Kb]  Posted on August 26, 2014

-08/31/14   Audit of the Administration and Oversight of Contracts and Grants Within the Bureau of African Affairs (AUD-CG-14-31)  [4102 Kb]  Posted on August 18, 2014

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Congressional Service Reports and Briefs — September 2014

– Domani Spero

 

Note that most of the docs below via state.gov are in pdf format:

-09/25/14   The United Arab Emirates (UAE): Issues for U.S. Policy  [440 Kb]
-09/24/14   Japan – U.S. Relations: Issues for Congress  [716 Kb]
-09/24/14   The “Khorasan Group” in Syria – CRS Insights  [55 Kb]
-09/24/14   Unaccompanied Alien Children: Demographics in Brief  [307 Kb]
-09/22/14   Climate Summit 2014: Warm-Up for 2015 – CRS Insights  [60 Kb]
-09/19/14   American Foreign Fighters and the Islamic State: Broad Challenges for Federal Law Enforcement – CRS Insights  [57 Kb]
-09/18/14   Energy Policy: 113th Congress Issues  [242 Kb]
-09/18/14   Russia’s Compliance with the INF Treaty – CRS Insights  [55 Kb]
-09/17/14   Afghanistan: Politics, Elections, and Government Performance  [670 Kb]
-09/17/14   Armed Conflict in Syria: Overview and U.S. Response  [880 Kb]
-09/16/14   Proposed Train and Equip Authorities for Syria: In Brief  [288 Kb]
-09/16/14   The U.S.-South Korea Free Trade Agreement (KORUS FTA): Provisions and Implementation  [589 Kb]
-09/15/14   Instances of Use of United States Armed Forces Abroad, 1798-2014  [484 Kb]
-09/15/14   Iraq: Politics, Governance, and Human Rights  [499 Kb]
-09/15/14   Man Without a Country? Expatriation of U.S. Citizen “Foreign Fighters”  [58 Kb]
-09/12/14   Iraqi and Afghan Special Immigrant Visa Programs  [340 Kb]
-09/10/14   Armed Conflict in Syria: Overview and U.S. Response  [647 Kb]
-09/10/14   Diplomatic and Embassy Security Funding Before and After the Benghazi Attacks [413 Kb]
-09/10/14   The “Islamic State” Crisis and U.S. Policy  [562 Kb]
-09/10/14   U.S. Foreign Assistance to Latin America and the Caribbean: Recent Trends and FY2015 Appropriations  [368 Kb]
-09/09/14   Considerations for Possible Authorization for Use of Military Force Against the Islamic State – CRS Insights  [56 Kb]
-09/09/14   U.S. Military Action Against the Islamic State: Answers to Frequently Asked Legal Questions  [355 Kb]
-09/08/14   Armed Conflict in Syria: Overview and U.S. Response  [633 Kb]
-09/08/14   Libya: Transition and U.S. Policy  [737 Kb]
-09/05/14   China’s Leaders Quash Hong Kong’s Hopes for Democratic Election Reforms – CRS Insights  [57 Kb]
-09/05/14   Defense Surplus Equipment Disposal, Including the Law Enforcement 1033 Program [272 Kb]
-09/05/14   Protection of Trade Secrets: Overview of Current Law and Legislation  [433 Kb]
-09/05/14   U.S. Strategic Nuclear Forces: Background, Developments, and Issues  [512 Kb]
-09/04/14   Ukraine: Current Issues and U.S. Policy  [365 Kb]
-09/03/14   Pakistan Political Unrest: In Brief  [250 Kb]

 

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Short and boring lives of the G222 Planes in Kabul — from $486M to scrap at 6 cents a pound!

– Domani Spero

 

We’re late on this, but last week, SIGAR released two letters to Secretary Hagel and to Air Force Secretary Deborah L. James concerning the  failed G222 aircraft program for the Afghan Air Force.

Starting in 2008, DOD apparently initiated a program to provide 20 of these Italian-made aircraft to the Afghan Air Force.   The Defense Department spent $486 million for these airplanes, which according to the SIGAR, “could not meet operational requirements in Afghanistan.” Sixteen of these aircraft were recently destroyed at Kabul International Airport,  scrapped by the Defense Logistics Agency, and the remains were sold to an Afghan construction company for about $32,000 total.  SIGAR calculates that the scrap was sold at roughly 6 cents a pound. The remaining four airplanes are reportedly stored at Ramstein Air Base in Germany, presumably to help fight the Taliban at some later date?

Here are the $486 million airplanes you paid for:

Photo via SIGAR

Photo via SIGAR

 Here are the scrapped beauties at 6 cents a pound:

Screen Shot 2014-10-15

Photo via SIGAR

Screen Shot 2014-10-15

Here are the links to the letters:
http://www.sigar.mil/pdf/special%20projects/SIGAR-15-04-SP_IL_G222%20Disposition%20Notf%20Req_03Oct2014_Redacted.pdf

http://www.sigar.mil/pdf/special%20projects/SIGAR-15-02-SP_IL_Scrapping%20of%20G222%20Fleet_03Oct2014_amd_Redacted.pdf

According to Defense Industry Daily:

The G.222/C-27A was not known as an easy aircraft to maintain, but it does feature outstanding short runway performance, and offers proven performance in hot weather and high altitudes. That seemed to make it well-suited for work in Afghanistan. Was it well suited to the Afghans?

That would depend on whether the Afghans could keep them in the air. The USAF tried to address the spares and maintenance issue through the program’s structure, paying for extensive training through the US military, an initial spare parts inventory, ground support equipment, technical publications in English and Dari, and 3 years worth of contractor logistics support.

But it didn’t work.

These are not the only aircraft DOD purchased for the Afghan Air Force. Defense Industry Daily has a rundown of the timeline and the contracts here.

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Filed under Afghanistan, Congress, Defense Department, Follow the Money, Foreign Assistance, Govt Reports/Documents, Huh? News, War

Man without a Country? Expatriation of a U.S. Citizen (Via CRS)

– Domani Spero

 

Some Members of Congress have advocated and sponsored bills for expatriation, one way of losing citizenship, as a method of dealing with U.S. citizens fighting abroad for foreign terrorist groups such as the Islamic State in Iraq and Syria (ISIS). In early September S.2779 was introduced in Congress to amend section 349 of the Immigration and NationalityAct to deem specified activities in support of terrorism as renunciation of U.S. nationality.

Below via the CRS:

The current law enumerates seven actions that may result in the expatriation of a U.S. citizen, regardless of whether that person is a citizen by birth or naturalization. These acts demonstrate an allegiance to another nation which may be incompatible with allegiance to the U.S. The most relevant acts for the pending bills include: (1) taking an oath of allegiance to a foreign state or one of its political subdivisions; (2) serving in the armed forces of a hostile foreign state or serving as a commissioned or non-commissioned officer in the armed forces of any foreign state; and (3) serving in any office, post or employment under a foreign state’s government after turning 18 years old, if one is also either a dual national of that state or is required to swear or declare allegiance to that state for the position. For these particular acts, a citizen cannot be expatriated while he is in the U.S. or its possessions. However, acts committed in the U.S. or its possessions can be grounds for expatriation once the citizen leaves the U.S. and resides outside of it and its possessions. Also, a citizen who asserts his claim to U.S. citizenship within six months of becoming 18 years old cannot be expatriated because of serving in the armed forces of a foreign state or making a formal renunciation abroad before a U.S. diplomatic or consular official before the age of 18 years.
[...]

None of the acts listed above result in expatriation unless committed voluntarily and with the intent to relinquish citizenship. These requirements are derived from U.S Supreme Court interpretation of the constitutional requirements for expatriation. In Afroyim v. Rusk, the Court found that the Citizenship Clause of the Fourteenth Amendment prevents Congress from legislating the automatic loss of citizenship acquired by naturalization or birth in the U.S. merely because of specified conduct, without the citizen’s assent. Then, in Vance v. Terrazas, the Court elaborated on its earlier Afroyim decision by holding that the U.S. Government must prove specific intent to renounce citizenship. The current expatriation statute requires that the burden of proof is on the party claiming that expatriation occurred, i.e., the U.S. Government, to establish the claim by a preponderance of the evidence. Any act of expatriation will be presumed to have been done voluntarily, but the presumption may be rebutted by a preponderance of the evidence that the act was not done voluntarily. In Terrazas, the Court upheld these statutory evidentiary standards as constitutional, but in light of Afroyim and the Fourteenth Amendment, it held that no presumption of intent arises from an expatriating act. The Court also indicated that a finding of intent does not require a written, express relinquishment of citizenship, but could be inferred from conduct that was completely inconsistent with and derogatory to allegiance to the U.S. and could be established by a preponderance of the evidence.
[...]
Congress does not have unlimited authority to prescribe acts as potentially expatriating. Certain actions, formerly included in the list of expatriating acts under the current statute or its precursor, were found unconstitutional for various reasons by the U.S. Supreme Court and subsequently repealed. These include desertion from the armed forces in wartime, draft evasion during wartime or a national emergency, and voting in a foreign election. Additionally, the U.S. Supreme Court has held that the Fifth Amendment bars lawfully naturalized citizens from losing citizenship for acts that do not apply to native-born citizens.

Read in full here (pdf).

Also, former FSO Peter Van Buren has a piece related to this at Firedoglake/The Dissenter:  Can the US Seize Would-Be Jihadis’ Passports? that would go well with the CRS material.

 

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Filed under Americans Abroad, Congress, Consular Work, Govt Reports/Documents, Regulations, State Department, War