Congress Seeks Details on Status of Four State Dept Employees ‘Fired’ Over Benghazi

— By Domani Spero

Express mail has been terribly busy between the Hill and Foggy Bottom. On May 28, the House Oversight Committee issued a subpoena for “documents and communications referring or relating to the Benghazi talking points” from ten current and former State Department officials.

The very next day, U.S. Rep. Ed Royce (R-CA), Chairman of the House Foreign Affairs Committee, along with 14 other Members of the Committee, also called on Secretary Kerry to detail what personnel actions the State Department has taken regarding the four Department employees who were cited by the Accountability Review Board (ARB) for displaying “leadership and management deficiencies” that led to the grossly inadequate security at the diplomatic facility in Benghazi last year.

In December last year, State Spokesperson, Victoria Nuland said: “The ARB identified the performance of four officials, three in the Bureau of the Diplomatic Security and one in the Bureau of Near East Asia Affairs….The Secretary has accepted Eric Boswell’s decision to resign as Assistant Secretary for Diplomatic Security, effective immediately. The other three individuals have been relieved of their current duties. All four individuals have been placed on administrative leave pending further action.”

You might want to read WaPo’s The Fact Checker – Has anyone been ‘fired’ because of the Benghazi attacks?

Below is an excerpt of Mr. Royce’s letter to Secretary Kerry:

As part of our inquiry, Committee Members have repeatedly asked the State Department to explain the employment status of certain Department personnel who were cited by the Accountability Review Board (ARB) for displaying “leadership and management deficiencies” that led to the inadequate security in Benghazi.

Initial reports indicated that these officials were “relieved of their duties,” thus implying their employment had been terminated.  However, by all accounts, these individuals have instead been placed on administrative leave and may or may not be returning to work.  Moreover, at least one of these individuals has stated that he has still not been informed of why he was removed from his position within the Department, or been allowed to view the ARB’s conclusions with respect to his job performance.  The Department’s handling of these matters is of great concern to the Committee, other Members of Congress, and the public.

When appearing before the Committee on April 17, 2013, you testified that you would soon be weighing in on an “internal review and analysis” of the performance of these individuals with respect to their handling of security issues.  Now that over one month has passed since your testimony, and over a full five months have passed since the ARB issued its report, we expect an immediate update on this process, and confirmation as to whether the referenced personnel are still employed by the Department.

Additionally, if these officials are still employed but on administrative leave, please describe what steps the Department has taken to resolve the issue of their employment status.  Please also provide a detailed account of any action taken by these officials to challenge the findings of the ARB report, including their basis for doing so.  Lastly, if any of these individuals are no longer employed by the Department, please provide a detailed explanation of the circumstances leading to the termination of their employment.

The full text of the letter is here.

The “at least one of these individuals” referred to in the letter above is without a doubt, Raymond Maxwell who told The Daily Beast that “nobody from the State Department has ever told him why he was singled out for discipline and that he has never had access to the classified portion of the ARB report.”

So now Congress wants details on what the State Department did to Diplomatic Security Assistant Secretary Eric J. Boswell, PDAS Scott P Bultrowicz, DAS Charlene R. Lamb and  NEA DAS Raymond Maxwell.

Ahnd, so do we!!

Obviously since there was no leadership and management deficiencies at the top … well, we need to see what the bureaucracy actually does to officials below who are deemed deficient in leadership and management.

But — hey, do you know why this is taking so long?  Are they still researching the Foreign Affairs Manual (FAM) so they can break the um … administrative gridlock?  Or are they updating the FAM so they can have a citation to cite?

Waiting bored until somebody translates this bureaucratic puzzle into something understandable for Congress and the neighbors …

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Update: On May 30, the State Department was specifically asked about this during the Daily Press Brief, and here is the official word from the podium:

QUESTION: Okay. You’re aware of this letter that Congressman – also Chairman – Royce has sent inquiring as to the status of the four individuals who the ARB singled out in their classified version. Do you have an answer to – well, one, have you responded to him, and two, can you – if you have or if you haven’t, can you give us any update on what those – on what their status is –

MS. PSAKI: Well, we just received the letter yesterday, so I’m not aware of a formal response at this time, although that is something that we do do in response to letters, of course. I have seen the content of the letter. There’s no real mystery here. We talk – we’ve talked about this. I have talked about this from the podium, so let me walk you through a couple of status issues. One is the Secretary is briefed regularly by his senior staff and is focused on not only continuing the ongoing cooperation with Congress, but on implementing the ARB recommendations and coming to a conclusion on the status of these four individuals. He has publicly made that clear that he considers – and that he’s considering a number of factors.

As we’ve talked about a little bit before, career Foreign Service employees are entitled to due process and legal protections under the Foreign Service Act with respect to any potential disciplinary action, and Secretary Kerry, as he said in his budget testimony, there are a set of rules and standards that govern personnel actions such as these, and any actions must be considered with a full understanding of options.

So in terms of what the status is, he continues to review with all those factors –

QUESTION: Okay. Still pending?

MS. PSAKI: — and will make a decision soon.

In short, still pending.

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