It Took Awhile But Here It Is — Going After @StateDept OIG Steve Linick With Fake Sleeper Cells

Posted: 2:24 pm EDT

 

Politico reported on January 25 about the State Dept. watchdog tied to earlier Clinton probe.   Rep. Steve Israel (D-N.Y.), described by Politico as a Clinton ally questioned the impartiality of the State Department IG’s office. He was specifically targeting OIG Steve Linick’s senior advisor, David Seide, who according to Representative Israel: “You have a guy who used his former position to conduct a wide-ranging investigation into Mrs. Clinton that amounted to nothing, who then continues that work in the State Department. That has fingerprints on it that are just too visible and just lead to all sorts of questions.”

Excerpt below from Politico:

A lawyer overseeing investigations into former Secretary of State Hillary Clinton’s email practices has a history of tangling with the former first lady’s political operation: He was a federal prosecutor involved in a probe that led, a decade ago, to the unsuccessful prosecution of a top Clinton fundraising aide.

David Seide — now the acting senior adviser to the State Department inspector general — gathered evidence that surfaced in the case against David Rosen, the national finance director of Clinton’s 2000 Senate bid.
[…]
While Rosen’s trial was a stinging defeat for the government, after Rosen’s acquittal, the committee that arranged the 2000 gala paid a $35,000 civil penalty to the Federal Election Commission and agreed to amend the relevant campaign finance reports to acknowledge more than $721,000 in unreported spending. Such large in-kind donations to a campaign-linked fundraiser were legal at the time, but they were made illegal by the so-called soft-money ban in the McCain-Feingold law passed in 2002.
[…]
Seide appears to have close ties to State Department Inspector General Steve Linick and to DiSanto. When Linick gave up his position as IG at the Federal Housing Finance Agency to join State in 2013, Seide and DiSanto followed him to the new agency.

However, Seide’s résumé doesn’t suggest an anti-Clinton vendetta. After leaving government, he spent a year as an in-house counsel at Morgan Stanley before joining Wilmer Hale, a Washington law firm that has employed many prominent Democrats and former Clinton administration officials.

In 2002, Congress passed the Bipartisan Campaign Reform Act of 2002, better known as McCain-Feingold. The legislation made changes to the Federal Election Campaign Act of 1971 to limit the use of “soft money.”

Representative Steve Israel voted in favor of the Bipartisan Campaign Reform Act of 2002.  So he was for McCain-Feingold before he was against McCain-Feingold?  Here’s the funny thing.  According to Politico, Doug Welty, the State OIG spox said that Mr. Seide was involved in the prosecution of a case in which a Clinton donor was charged with stock fraud, but not the Rosen case.

Chill out! Those prosecutors, they all look the same, hey?

In November last year, senior Democrats also alleged a “fishy connection” between the release of Huma Abedin-related  information and Senator Grassley’s former top investigator, Emilia DiSanto, who is now the deputy inspector general at the State Department. The NYT notes that “Ms. DiSanto worked for Mr. Grassley for years; she joined the inspector general’s office in late 2013, around the time the inquiry into Ms. Abedin began.”

Ms. DiSanto, in an email, responded angrily to questions about whether there was a connection between her and the information that Mr. Grassley had received.

“Any claim that I have communicated with Senator Grassley about State Department nominations is an outright lie,” she wrote. “There is nothing ‘fishy’ about the fact that I once worked for Senator Grassley about five years ago. Indeed, it is quite common for employees of the legislative branch to join the executive branch to continue their public service.”

Senator Grassley’s inquiry originally started with the Special Government Employee (SGE) arrangement involving Human Abedin in August 2013 (see The Other Benghazi Four: Lengthy Administrative Circus Ended Today; Another Circus Heats Up). Senator Grassley said in his letter to Secretary Kerry that he made inquiries on June 13, 2013 and August 15, 2013 regarding the State Department’s use of Special Government Employee (SGE). We’re not complaining, by the way, that Senator Grassley is looking into this issue. We’d like to know how other State Department employees can get permission to hold three other jobs concurrent with their federal jobs.  Some friends have mortgages, others have kids in college, car payments, student debts, etc…. so an additional job or two would be really helpful.

In any case, Emilia DiSanto was appointed Acting Deputy IG on October 1, 2013 to succeeded Harold Geisel, the Deputy IG who served as OIG boss for the last five years while the State Department did not have a Senate-confirmed Inspector General.  Ms. DiSanto was with the Federal Housing Finance Agency-Inspector General’s Office for two years prior to her move to the State Department.

In 2004, during her work at the Senate Finance Committee, Ms. DiSanto reportedly met with Food and Drug Administration whistleblowers about their concerns that widely used antidepressants were linked to suicidal behavior among teens. According to the WSJ, the scientists told Ms. DiSanto that they believed the agency and companies were ignoring or suppressing that information. Shortly thereafter the senator held the first major congressional hearing on a drug safety issue in years.  They later turned their attention to “medical devices, specialty hospitals, the antibiotic Ketek, ghostwritten medical papers, the FDA’s criminal division, its drug division, its veterinary division and, most notably, the diabetes drug Avandia.” See more here (PDF).

In late 2005, she survived an attack by a man who repeatedly struck her with with an unidentified object believed to be a baseball bat. Reports say no evidence points to DiSanto’s work on the Finance Committee as the cause for the attack, but sources say there are a number of clues that suggest it could be since the assailant “was trying to hide his identity, wearing a hood and black gloves. He also did not make any demands before attacking the 49-year-old staffer. A working assumption among investigators is that he was waiting for her to arrive home.” She reportedly returned to work a week after her attack, and continued to work at the Senate until 2011 when she left and moved to FHFA/OIG.

David Seide was appointed Counselor to the Inspector General on October 18, 2013.  Previously, he served for almost three years as Director of Special Projects in the Office of the Inspector General of the United States Federal Housing Finance Agency.  His title was later changed to Acting Senior Adviser to the Inspector General at the State Department.

Both Ms. DiSanto and Mr. Seide worked with Mr. Linick when he was inspector general at Federal Housing Finance Agency (FHFA). We should note that they worked with the RMBS Working Group and the New York Attorney General’s Office in support of the investigation and prosecution of RMBS fraud cases. In November 2013, when all three have already moved to the State Department, their old office, FHFA/OIG with the Justice Department and other state and federal entities secured a record $13 billion global settlement with JPMorgan for misleading investors about securities containing toxic mortgages.  They did the jobs they were supposed to do there.

Now they’re doing the jobs they’re supposed to be doing at the State Department.

And some politician is trying to convinced us that they are at fault for doing their jobs by peddling “all sorts of questions” and citing  “fingerprints.”

Mr. Seide is one of the two team leaders and 10 OIG staffers who looked into the Department of State’s FOIA Processes for Requests Involving the Office of the Secretary (PDF).  Is the good congressman from New York also digging up the backgrounds of the 10 OIG staffers involved in that project? That is, by the way, a distressing report to read but nobody asked how come no one had ever done this review before? What happened to the OIG during the Clinton tenure? What’s that? There was no Senate confirmed IG during that entire tenure?

Too bad, there was no IG with major brass balls before now to look under the rugs.

We do think that the real target of these allegations of bias is Mr. Linick. Because, hey … if his closest aides are political sleeper cells, who somehow manage to lay low in the bureaucracy and a decade later they turned the screws at their first opportunities, then by golly, he must be, too!  And if you can smear the messengers badly enough, then, of course, all those reports his office issued and will issue in the future can simply be ignored or dismissed as partisan.

This is predictable babble and the good congressman from New York and friends must now find a vomitorium so they can throw up all this crap.

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Presidential Appointees With Senate Confirmation (PAS) and the Hatch Act

Posted: 12:52 am EDT

 

Via U.S. Office of Special Counsel (OSC) | Hatch Act:

 

 

The Hatch Act, a federal law passed in 1939, limits certain political activities of federal employees, as well as some state, D.C., and local government employees who work in connection with federally funded programs. ​The law’s purposes are to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation.​ Below is an excerpt from its FAQ on Presidential Appointee With Senate Confirmation (PAS):

I am an employee who was appointed by the President, by and with the advice and consent of the Senate (PAS). Am I covered by the Hatch Act?

Yes. An employee appointed by the President, by and with the advice and consent of the Senate (PAS), is subject to the provisions of the Hatch Act. However, certain PAS’s are not subject to the Act’s prohibition against engaging in political activity while on duty, in a federal room or building, wearing an official uniform or insignia, or using a government vehicle. To be exempt from this prohibition, a PAS must meet all of the following criteria:

1) the duties and responsibilities of his position must continue outside normal duty hours and while away from the normal duty post;

2) his position must be located within the United States; and

3) he must determine policies to be pursued by the United States in relations with foreign powers or in the nationwide administration of federal laws.

If a PAS meets all these criteria, he is not prohibited from engaging in political activity while on duty, in a federal room or building, wearing an official uniform or insignia, or using a government vehicle, provided the costs associated with the political activity are not paid for by money derived from the Treasury of the United States. However, the PAS remains subject to all the other prohibitions of the Hatch Act, and thus, may not: use his official authority or influence for the purpose of interfering with or affecting the result of an election; knowingly solicit, accept, or receive a political contribution from any person; be a candidate for public office in a partisan election; or knowingly solicit or discourage the political activity of any person who has business before the employee’s employing office.​​​

I am an employee who was appointed by the President, by and with the advice and consent of the Senate (PAS). Does the exemption from the Hatch Act’s prohibition against engaging in political activity while on duty, which applies to me, also apply to my staff?

No. Assuming a Presidential appointee with Senate confirmation (PAS) meets the criteria outlined in the answer to the previous question, he—but only he—may engage in political activity while on duty, in a government room or building, wearing an official uniform or insignia, or using a government vehicle, so long as, the costs associated with the political activity are not paid for by money derived from the Treasury of the United States. The appointee’s staff, however, is not subject to this exemption. Therefore, the appointee’s staff members are still prohibited from engaging in political activity while on duty, in a federal room or building, wearing an official uniform or insignia, or using a government vehicle.​​

May an Presidential appointee with Senate confirmation (PAS), ask his chief of staff (or any other subordinate employee) to contact and/or liaise with a political party to find out where, or if, the party needs the PAS’s help?

No. The Hatch Act prohibits federal employees, including PAS’s, from soliciting or accepting uncompensated volunteer services for any political purpose from an individual who is a subordinate. 5 C.F.R. §§ 734.302(b)(3)​734.303(d)​​. Thus, the Act prohibits a supervisor from asking subordinate employees to contact a political party to inquire about opportunities for the PAS to assist the party.​​​

Click here for the printable FAQ (PDF). OSC also issues advisory opinions to persons seeking advice about their political activity under the Hatch Act. Individuals or their legal representatives may request an opinion about their own political activity. E-mail: hatchact@osc.gov.

 

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Related post:

Eight days till election day – do you know your Hatch Act Rules?

About Time For That Washington Ritual: Watch Out For Political Appointees “Burrowing In”

Posted: 12:53 am EDT

 

Late last year, WaPo wrote about the watchdogs being in the lookout for Obama appointees ‘burrowing in’:

As each administration winds down, some political appointees traditionally seek to continue their government service as career employees beyond the administration they served. Also known as “conversions,” the practice has attracted skepticism from government watchdogs and experts but has become known as something of a Washington ritual.
[…]
In 2010, GAO reviewed 26 federal departments and agencies that converted 139 people from political to career positions from May 2005 through May 2009. While the majority of the conversions followed proper procedures, GAO said at least seven might have violated the merit-based system, including a Department of Veterans Affairs appointee who lacked the required experience and a Justice Department employee who received a career position despite unfavorable recommendations from government interviewers.

A separate WaPo report notes that in May 2006, investigators found that 23 agencies hired 144 political appointees from the G.W.Bush administration into career positions from May 2001 to April 2005. “In at least 18 cases the agencies did not follow proper procedures, the GAO found, citing problems such as hiring appointees with limited qualifications, creating positions for specific individuals and disregarding veterans’ preference laws.”

It also cites a report from 2002 where apparently between October 1998 and April 2001, 111 political appointees and congressional aides from the Clinton administration landed career jobs in 45 executive-branch agencies.

On January 11, 2015, OPM also issued guidelines for processing certain appointments during the 2016 presidential election period.

I.  Appointment of Current or Former Political Appointees to Career Civil Service Positions

Agencies must seek prior approval from OPM before appointing a current or recent political appointee to a competitive or non-political excepted service position at any level under the provisions of title 5, United States Code.  A former or recent political appointee is someone who held a political appointment covered by OPM’s policy within the previous five-year period.  OPM reviews these proposed appointments to ensure they comply with merit system principles and applicable civil service laws.  OPM’s memo and instructions regarding political appointees and career civil service positions is available at https://www.chcoc.gov/content/political-appointees-and-career-civil-service-positions.  The memo includes pre-appointment review checklists to assist agencies in preparing their submissions for review.

Note:  Schedule C employees may not be detailed to competitive service positions without prior OPM approval [see 5 CFR 300.301(c)], and no competitive service vacancy should be created for the sole purpose of selecting a Schedule C or Noncareer SES employee. 

OPM prepared a series of questions and answers (Q&As) to respond to agency inquiries about its policy for pre-appointment reviews and to provide additional details that will help agencies meet the policy’s requirements.  These Q&As, which follow, are also available at http://www.opm.gov/FAQs/topic/ppa/index.aspx?page=1

II.  Appointing Employees to the Senior Executive Service

OPM will continue to conduct merit staffing reviews of proposed career SES selections that involve a current or former political, Schedule C, or Noncareer SES appointee before such cases are formally presented to a Qualifications Review Board (QRB).  Agencies should carefully review all actions that would result in the career SES appointment of a political, Schedule C, or Noncareer SES before forwarding such cases to OPM.

Note:  All SES vacancies to be filled by initial career appointment must be publicly announced (5 CFR 317.501).  Only a career SES or career-type non‑SES appointee may be detailed to a Career-Reserved position (5 CFR 317.903(c)).  

In addition, OPM will suspend the processing of QRB cases when an agency head leaves office or announces his or her intention to leave office, or if the President has nominated a new agency head.  OPM imposes a moratorium on QRB cases as a courtesy to a new agency head when it learns of an agency head’s planned departure.  However, OPM will consider requests for exceptions to such a moratorium on a case-by-case basis.  When a presidential transition occurs, OPM will determine the disposition of QRB cases based upon the policy of the new administration.

In the same announcement, OPM released its Do’s and Don’t’s with burrowing employees:

Effective January 1, 2010, OPM conducts on-going pre-appointment reviews of current or former political appointee, Schedule C employee, and Noncareer SES member appointments to the competitive or exceptive service.  OPM seeks to ensure that the merit system principle of fair and open competition is protected.  With this in mind, these are the two most common reasons for OPM not to approve an appointment or a conversion:

  1. the new position appears to have been designed solely for the individual who is being converted, and/or
  2. competition has been limited inappropriately.

Below are “Do’s” that will help agencies with the conversion approval process:

  • Do make a public announcement through OPM’s USAJOBS when filling competitive or excepted service vacancies from candidates outside your own agency’s workforce.
  • Do carefully consider the Interagency Career Transition Assistance Plan for Displaced Employees regulations (5 CFR 330, Subpart G) before making selections.
  • Do ensure the Chief Human Capital Officer and Human Resources Director closely review all such proposed actions to determine if they meet the test of merit.
  • Do ensure the Chief Human Capital Officer and Human Resources Director gather all necessary internal agency approvals before presenting a case to OPM for review.

And “Don’ts”:

  • Don’t create or announce a competitive or excepted service vacancy for the sole purpose of selecting a current or former political appointee, Schedule C employee, or Noncareer SES member.
  • Don’t remove the Schedule C or Noncareer SES elements of a position solely to appoint the incumbent into the competitive or excepted service.

Read more here.

 

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Ladies & Gentlemen, Your Next Ambassadors to the Best of Europe

Posted: 1:40 am EDT

 

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Abolish the State Department? Really? Should we pretend to freak out now or later?

Posted: 12:17 am EDT

 

The GOP candidates have been trying to out-crazy each other under the shadow of the Trump circus canopy. Cruz would like to “abolish the IRS; take all 125,000 IRS agents, and put them on our southern border.” The same candidate would also like to get rid of the Department of Education.  Paul asks in a video on the website AbolishNow.com that supporters sign a petition to have Congress also eliminate the IRS. At least seven candidates want to end “birthright citizenship” under the 14th Amendment, which grants everyone born in the United States of America the right of citizenship. Jindal suggested abolishing the Supreme Court. Carson suggested eliminating the Department of Veterans Affairs. Before suspending his campaign, Walker proposed scrapping the National Labor Relations Board, eliminating public employee unions and making right-to-work the national standard for workplaces.

Last week, a former United States Senator representing Pennsylvania, the one with a Google problem, added his voice to the “abolish this or that” crowd. Mr. Santorum was a GOP presidential candidate in 2011; he suspended his campaign in April 2012. This past May, Mr. Santorum announced his candidacy for the 2016 presidential election. Apparently, Mr. Santorum now has a two-campaign cycle dream of abolishing the U.S. Department of State.

Who knew?

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What else did this smart potato say?

via GIPHY

 

Can you hear him? No?

Apologies for the glitches, it sound like he does not like the State Department because employees there spend way too much time talking to foreigners?  Maybe they speak way too many foreign languages and not enough American?  American officials also wear strange shoes and un-American clothes, is that it? Ay, caramba! Oooh, do not/do not show him the fantastic headgears, you, internationalists, you!

Here are Santorum’s specific complaints according to BuzzFeed:

“I said that when I ran four years ago — the first thing I’d do is abolish the State Department and start all over.”

“I have to tell you, I dealt with them for 12 years, I was on the committees that had a lot of interaction with them, and, you know, not that there aren’t a few good people in there,” Santorum continued. “I’m sure there are really good, dedicated public — but look, it’s just, they are a bunch of internationalists who do not look after the interests of the United States. They don’t look at the world from the standpoint of the United States and our principles being the ones that are the best.”

“They’re relativists, they’re internationalists, and they are not serving the interests of the American people,” Santorum concluded.

“It’s like, if all the tool you have is a hammer, every problem looks like a nail,” Santorum said. “Every problem that the State Department has, the answer is diplomacy. Why? Because if it’s not diplomacy, they don’t have a job.

“And so the answer is never to do anything, the answer is always to appease, to talk,” he continued. “I mean, I’m sure that they, that John Kerry, they’re just having the greatest love-fest over at the State Department right now, because they got a deal!

You guys are having a love-fest and you did not invite us … please send photos?!

Two candidates have already suspended their campaigns but Mr. Santorum’s campaign for some reason appears to still be chugging along. We imagine that his candidacy will fold sooner than later. But it looks like he is unable, as yet, to accept the unbearable inevitability of his short campaign life.

So okay, let’s see who else he plans to abolish with brain waves next week. Then we’ll pretend to freak out.

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US Embassy Burkina Faso Orders Staff to Shelter in Place Amidst Coup Attempt

Posted: 2:06 am EDT

 

A Travel Alert was issued for Burkina Faso in early September (see Travel Alert Burkina Faso (September 3, 2015). On September 16, the U.S. Embassy in Ouagadougou issued a “shelter in place” order for its staff amidst what appeared to be a military coup attempt less than a year after the former president, Blaise Compaoré was driven out of power.

On Wednesday, September 16 the U.S. Embassy received reports that military elements are holding the President, Prime Minister, and other Cabinet Members hostage.  Civil society organizations are calling for demonstrators to gather at the Place de la Nation (also known as the Place de la Revolution) and at the Presidential Palace.  Road blocks near the Presidential Palace have been established.  Gunshots have been fired in various locations in Ouagadougou. Embassy employees have been instructed to shelter in place until further notice.  

Likewise, we urge U.S. citizens in Ouagadougou to shelter in place.  U.S. citizens are urged to remain vigilant and to utilize appropriate personal security practices.  The U.S. Embassy urges U.S. citizens to avoid large gatherings, protests, or demonstrations.  The U.S. Embassy urges all U.S. citizens to maintain situational awareness and exercise good judgment.  Be alert and remain aware of your surroundings.  Stay informed and abreast of local media reports.

The Embassy also released the following statement:

Recent Actions By Elements of the Presidential Guard in Burkina Faso

“The United States is deeply concerned about the unfolding events in Burkina Faso. We call for the immediate release of President Kafando, Prime Minister Zida, and all other officials being held.

The United States strongly condemns any attempt to seize power through extra-constitutional means or resolve internal political disagreements using force.

We call for an immediate end to violence, urge the military personnel involved to return to their primary mission, and reaffirm our steadfast support for the civilian transitional government to continue its work of preparing for free, fair, and credible elections on October 11.”

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Related posts:

Kerry Appoints Retired Diplomat Janice Jacobs as @StateDept’s “Email Czar”

Posted: 1:44 pm EDT
Updated: 7:08 pm EDT
Updated: Sept 9, 6:07 pm EDT

Via CNN:

Secretary of State John Kerry has tapped a former career diplomat as an “email czar” to coordinate the State Department response to the myriad of document requests mostly related to former Secretary of State Hillary Clinton, which have strained the department’s resources, officials familiar with the appointment tell CNN.

Janice Jacobs will serve as Kerry’s State Department’s Transparency Coordinator, charged with responding to Freedom of Information Act and congressional requests faster and more efficiently and improving the State Department systems for keeping records.

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A career diplomat, Janice Jacobs previously served as Assistant Secretary of State for Consular Affairs from June 2008 to April 2014. She retired from the Foreign Service in April 2014 (see Asst Secretary for Consular Affairs Janice Jacobs to Retire Effective April 3). According to the State Department spokesperson, Ambassador Jacobs will will report directly to the Secretary and to Deputy Secretary Higginbottom, the deputy for management and resources. She won’t be embedded in a bureau but the State Department will “make sure that she has the administrative support that she needs to do her job.”  According to the spox, the plan going forward is that Ambassador Jacobs will have “regular meetings with both Deputy Secretary Higginbottom and the Secretary on a consistent, frequent basis to talk about what she’s learning, recommendations she wants to make. And then as the IG comes back with recommendations it intends to make, she will be responsible for helping the Department implement those. “

Secretary Kerry released the following statement on Ambassador Jacobs’ appointment:

Today, I am pleased to announce the appointment of Ambassador Janice Jacobs as the State Department’s Transparency Coordinator, charged with improving document preservation and transparency systems.

Ambassador Jacobs will lead Departmental efforts to meet the President’s Managing Government Records Directive, to respond to recommendations from the review I asked the Department’s Inspector General to launch earlier this year, and to work with other agencies and the private sector to explore best practices and new technologies. I have also asked her to focus on improving our systems for responding to Freedom of Information Act and congressional requests faster and more efficiently.

As I have repeatedly made clear, we have a fundamental obligation to document the conduct of U.S. foreign policy and to produce our records in response to requests from the public and Congress. Our records, and our ability to share them, serve as testament to our commitment to transparency and open government. I take very seriously that responsibility, and so does everyone else at the State Department.

I am grateful for the work being done by scores of people across the Department who continue to support the unprecedented number of requests we are facing — a three-fold increase in Freedom of Information requests alone since 2008 or the numerous requests for information from members of Congress.

However, it is clear that our systems and our resources are straining to keep pace with the growing number of records we create and the expanding demand for access to them. It is time to take further action. I want the Department to lead on these issues, to set and achieve a new standard for our efforts, and harness new technological tools in order to meet our commitments. To reach that goal, we must think boldly and creatively. As we enhance our records management system, we also intend to fundamentally improve our ability to respond to requests for our records.

Ambassador Jacobs is exactly the right person for this job. She not only has a distinguished record of service in the State Department, but she also has a track record of successfully leading critical reform efforts: she reorganized the Visa Office after 9/11 and reformed how the Department engages with law enforcement and intelligence communities to share information. As my Assistant Secretary for Consular Affairs, she also led efforts to meet the Administration’s new visa issuance goals. She is a proven leader who knows how to run large organizations and produce results.

I am grateful she has agreed to take this on. She will have not only my full support, but that of the Department as well.

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September 9, 2015

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According to Politico, the State Department spokesperson, John Kirby expressed some indignance that Jacobs — a career foreign service officer — was being faulted for a political donation she made, especially after leaving the government.

“This is the United States of America. It’s a democracy. People are allowed to do these kinds of things,” Kirby said. “That’s a very bad place to be if we’re going to start criticizing people for campaign contributions that they make in their private time, in retirement no less. I just don’t think that’s the place we want to be as a country.”

Read more of that here.

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Burn Bag: Who would The Trumpster appoint as ambassadors?

Via Burn Bag:

Watching U.S. Presidential races from overseas is excruciating. The only thing more horrifying than the prospect of President Trump is, who would he appoint for ambassadors? 

via GIPHY

 

‘Anchor Babies’ and the Law: An Explainer From a Former Consular Officer

Posted: 1:55 am EDT

 

NPR News writes that both Florida Sen. Marco Rubio and former Florida Gov. Jeb Bush have defended birthright citizenship, but they have said more needs to be done about women who might come into the U.S. expressly to have children. “If there’s abuse, if people are bringing, pregnant women are coming in to have babies simply because they can do it, then there ought to be greater enforcement,” Bush told conservative radio host Bill Bennett this week, as reported by Politico. Like how, or greater enforcement of what?

Birthright citizenship and “anchor baby”  are in the front burner of political campaigns these days.  The Congressional Research Service (CRS) issued this report on Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents (via Secrecy News) back in 2012.  The report is dated January 10, 2012 but is an interesting read on the various legislative proposals and its history. There is a useful discussion of the Fourteenth Amendment and the Civil Rights Act of 1866 included in the report. In related news, denial of birth certificates to U.S. born children of undocumented immigrants in Texas is now a lawsuit in the U.S. District Court in Austin, TX.

Peter Van Buren, a consular officer by trade until his retirement from the Foreign Service has written a straight-forward explainer on this subject. Excerpted below:

Explainer: ‘Anchor Babies’ and the Law
by Peter Van Buren (We Meant Well Blog)

Thanks to brave presidential candidates Trump and Bush, et al, the term “anchor baby” is now the subject of interest and ignorance by a media preoccupied with whatever shiny object is held in front of it.

Trump wants to tear up part of the Constitution he unilaterally proclaims is unconstitutional; no one is sure what the other Republicans plan to “do” about this issue, but they sure don’t support it somehow.

Anchor Babies

So what are “anchor babies” and which parts of American law affect them?

An “anchor baby” (many find the term offensive, referring as it does to a child as an object) is a child born in the United States to a foreign citizen, legally or illegally present in the U.S., who, by virtue of the 14th Amendment to the Constitution, automatically and forever acquires American citizenship. The child need only prove s/he was born in the U.S.

The term anchor comes into play because at the age of 21 the child can begin filing green card paperwork for his/her extended family. The single American citizen in a family becomes the “anchor” through which all can eventually become legal permanent residents of the U.S. and soon after, citizens.

Many conservatives feel conveying citizenship so freely cheapens the meaning of being an “American,” and especially object to the idea that a mother illegally in the United States can birth an American citizen. Others are troubled by a growing industry that sends foreign mothers to the U.S. specifically so that they can create such citizens, so-called “birth tourism.”

The Law

The concept that anyone born in the U.S. (one exception: those born not subject to U.S. law, which has been held to apply primarily to Native Americans and to children of certain accredited foreign diplomats exempt [immune] from U.S. laws, though there are loopholes even there) is automatically an American citizen is part of the 14th Amendment to the Constitution, the so-called Citizenship Clause.

The 14th was adopted in 1868, in the aftermath of the Civil War as part of reconciling the status of millions of slaves forcibly brought to the United States. The Citizenship Clause specifically overruled the 1857 Supreme Court decision in Dred Scott v. Sandford), which had held that Americans descended from African slaves could not be citizens of the United States. The Amendment cleared up any ambiguities, stating “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

The most significant test of the 14th Amendment came in 1898, via United States v. Wong Kim Ark. The Supreme Court upheld that a child born in the United States automatically became a U.S. citizen. At issue were laws passed after the Wong child’s birth that excluded Chinese citizens from entering the U.S. The decision in Wong has been understood to mean that the legal status of the mother, as well as any secondary immigration laws below the Constitution, have no bearing on the granting of citizenship.

It can get complicated, and there have been unsuccessful efforts to overturn or reinterpret Wong in light of contemporary concerns over immigration.

For those who like their law in Latin, the idea that anyone born in a certain country automatically acquires citizenship there is called jus soli (right of soil.) The opposite, that citizenship is derived only via one’s parents, is called jus sanguinis (right of blood.) No European nation offers unrestricted jus soli, and very few other countries outside the Western Hemisphere do either.

Foreigners, Visas and Babies

While some foreigners who give birth in the U.S. enter illegally by walking across a land border, a significant number of moms enter the U.S. on visas or the rough equivalent, the visa waiver program, which provides less fettered access to citizens from certain countries, mostly Europeans. Some give birth in the U.S.; is this legal?

It is. There is no law whatsoever that prohibits someone from coming to the United States specifically to give birth here and create an “anchor baby.”

Many uninformed commentators point to two visa laws that they feel may prohibit such an act, the “public charge” provision and the fraud provision.
[…]
Birth Tourism

The current issue of Rolling Stone contains a long article on “birth tourism.” Such “tourism” is a huge business in Asia, particularly in China where rising incomes coincide with existing interest in emigration. Companies arrange for everything; a mom need only provide money. The companies legally assist the mother in obtaining a visa, arrange for her to stay in the U.S. in an apartment complex (dubbed “maternity hotels”), usually in California for convenience for flights from Asia, full of other Chinese moms, and then give birth in a local hospital staffed with Chinese-speaking doctors.
[…]
There is absolutely nothing illegal about birth tourism under U.S. law.

Read in full Explainer: ‘Anchor Babies and the Law at the We Meant Well blog.

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AFSA Releases Official Results of 2015-2017 AFSA Governing Board Elections

Posted: 12:07 pm EDT

 

Last week, we blogged this: AFSA Elections Unofficial Results: Barbara Stephenson’s Strong Diplomacy Slate Projected to Win. AFSA has now released the official results via afsa.org.

Strong Dip AFSA

Photo by Strong Diplomacy Slate/FB

The AFSA Committee on Elections is pleased to announce the results of the 2015-2017 AFSA Governing Board elections and Bylaw Amendment. A total of 4,034 valid ballots were received (3,011 online and 1,023 paper). The following AFSA members have been elected:

Officer Positions on the Board

President:

Barbara Stephenson * – 2,032

Matthew K. Asada ** – 1,001

Tex Harris – 861

Secretary:

Bill Haugh * – 3,359

Treasurer:

Charles A. Ford * – 3,381

State Vice President: 

Angie Bryan * – 1,442

Kit Junge – 637

USAID Vice President:

Sharon Wayne – 136

FCS Vice President:

Steve Morrison – 31

FAS President:

Mark Petry – 11

Retiree Vice President:

Tom Boyatt – 780

Charles A. Ray ** – 351

Larry Cohen – 257

Constituency Representatives of the Board

State Representatives (11 positions):

John Dinkelman * – 1,337

Lawrence Casselle * – 1,223

Philip G. Laidlaw * – 1,212

Sam Thielman * – 1,180

Leah M. Pease * – 1,169

Tricia Wingerter * – 1,165

Josh Glazeroff * – 1,158

Margaret Hawthorne * – 1,155

Erin O’Connor * – 1,128

Peter Neisuler * – 1,089

Eric Geelan * – 977

Ronnie S. Catipon – 708

Brynn C. Bennett ** – 675

Neeru Lal ** – 594

Homeyra Mokhtarzada ** – 584

Dan Spokojny ** – 570

Steve McCain ** – 559

Pat Kabra ** – 549

Joel Wisner ** – 543

Ronita Macklin ** – 442

Doug Morrow – 418

Steven M. Jones – 373

USAID Representatives (2 positions):

Jeff Cochrane – 116

Lorraine Sherman – 82

FCS Representative:

William Kutson – 31

FAS Representative:

Corey Pickelsimer – 3

APHIS Representative:

Mark C. Prescott – 3

BBG (IBB) Representative:

To be determined in accordance with the AFSA Bylaws.

Retiree Representatives (4 positions):

John Limbert – 1,147

Alphonse F. La Porta * – 1,096

Patricia Butenis * – 1,051

Dean Haas * – 1,037

* Member of the Strong Diplomacy slate
** Member of the Future Forward AFSA slate