State, Local, Tribal/Territorial Govt Employees Traveling Abroad on USG Duties Will Soon Get Official Passports

Posted: 1:40 am EDT

 

The Federal Register has published the interim final rule amending passport rules that will allow the State Department to issue an official passport to an official or employee of a state, local, tribal, or territorial government traveling abroad to carry out official duties in support of the U.S. government.

22 CFR 51.3(b) provides that an “official passport” may be issued to: an official or employee of the U.S. government traveling abroad to carry out official duties; spouses and family members of such persons; and, when authorized by the Department of State, U.S. government contractors traveling abroad to carry out official duties on behalf of the U.S. government.

Increasingly, the federal government utilizes officials or employees of state, local, tribal, and territorial governments in support of federal activities, both domestically and overseas, such as the Federal Bureau of Investigation’s Joint Terrorism Task Force. When required to travel internationally in support of such federal activities, these individuals are not currently eligible for official passports. Issuance of an official passport to such individuals signifies to foreign governments that they are carrying out official duties in support of the U.S. government. The activities undertaken by these officials are often of pressing national security, law enforcement, or humanitarian importance and occur with little advance notice. It is in the U.S. government’s interest to provide these individuals the travel documents necessary to allow them to travel in a timely manner.

Under 22 U.S.C. 211a et seq., the Secretary of State has the authority to make rules for the granting and issuance of passports. The Department is amending section 51.3(b) of 22 CFR to authorize issuing official passports to an official or employee of a state, local, tribal, or territorial government traveling abroad to carry out official duties in support of the U.S. government.

The blue tourist passport is the only passport that can be used by U.S. citizens for leisure travel abroad. A no-fee passport looks identical to a tourist passport, but it can only be used for dependents who are traveling with their sponsor to an overseas duty station. Turn to page 26. If there is an amendment in the back of the passport, it is a no-fee passport. No-fee, official and diplomatic passports cannot be used for personal travel.

The blue tourist passport is the only passport that can be used by U.S. citizens for leisure travel abroad. A no-fee passport looks identical to a tourist passport, but it can only be used for dependents who are traveling with their sponsor to an overseas duty station. Turn to page 26. If there is an amendment in the back of the passport, it is a no-fee passport. No-fee, official and diplomatic passports cannot be used for personal travel.          (via army.mil)

Revise paragraph (b) of §51.3 to read as follows:
§51.3 Types of passports.
*****
(b) Official passport. When authorized by the Department, an official passport may be issued to:

(1) An official or employee of the U.S. government traveling abroad to carry out official duties, and family members of such persons;

(2) A U.S. government contractor traveling abroad to carry out official duties on behalf of the U.S. government; or

(3) An official or employee of a state, local, tribal, or territorial government traveling abroad to carry out official duties in support of the U.S. government.

Click here (pdf) for the current rule.

#

Colombia Health Ministry Calls For Suspension of Aerial Herbicide Fumigation, Defense Ministry Pushes Back

Posted: 12:40 pm PDT

 

We did a few posts on the aerial fumigation in Colombia last month.  See: State/INL: Anti-Drug Aerial Eradication in Colombia and the Cancer-Linked Herbicide, What Now?;  So, who wants to drink up or be in target area for next aerial fumigation in Colombia?Colombia Counternarcotics Program Costs Over $8 Billion the Last 11 Years, Where’s the Audit Trail?

Last week, the Colombia Health Ministry recommended that the aerial fumigation in the country be suspended. The Colombian Defense Ministry was quick to pushed back.

This is the same week when Deputy Secretary of State Antony Blinken was in Colombia for the U.S.-Colombia High-Level Partnership Dialogue and the Steering Committee for the U.S.-Colombia Action Plan on Racial and Ethnic Equality, and joined the High-Level Strategic Security Dialogue.

 

.

.

.

.

Below is an excerpt from WOLA’s Adam IsacsonSenior Associate for Regional Security Policy:  Even if Glyphosate Were Safe, Fumigation in Colombia Would Be a Bad Policy. Here’s Why.

Colombia is the only coca-growing country that allows aerial herbicide fumigation. Faced with the possibility that it may be aerially spraying carcinogens over its own citizens, Colombia’s Health Ministry issued a statement late Monday recommending that the aerial fumigation program be suspended.

Whether to suspend the program is up to Colombian President Juan Manuel Santos, who has yet to make or schedule an announcement. Meanwhile, Colombian government agencies that carry out the fumigation program have been quick to push back. “We cannot permit losing the benefits [of spraying] on delinquency, crime and terrorism,” said Defense Minister Juan Carlos Pinzón, who oversees Colombia’s National Police and its counternarcotics division, which performs the spraying. “We will continue using all our tools that help maintain security for Colombians.”

U.S. government officials say that while they will respect Colombia’s sovereign decision, they insist that glyphosate is safe and that they’d rather not see the spray program end. The State Department’s International Narcotics and Law Enforcement bureau has spent somewhere between US$1 billion and US$2 billion on herbicides, contractor pilots and mechanics, police escort helicopters, fuel, search-and-rescue teams, and related fumigation costs since the program began in 1994.
[…]
The lesson of Colombia’s fumigation program is that there is no substitute for economic development and government presence in national territory. The opposite—flying anonymously above without any presence on the ground—causes the coca trade to migrate and alienates populations whose support is necessary amid an armed conflict. When not coordinated with food security and alternative livelihoods, fumigation also gives guerrillas a powerful propaganda tool: the FARC and ELN have heavily employed the argument that the spraying is proof that Colombia’s “oligarchy” either doesn’t care about peasants, or wants to use the spraying to dispossess them of their lands.

Read in full here.

#

So, who wants to drink up or be in target area for next aerial fumigation in Colombia?

Posted: 11:52 am EDT

 

Related to our blog post on Colombia, and INL’s aerial eradication program there ( see State/INL: Anti-Drug Aerial Eradication in Colombia and the Cancer-Linked Herbicide, What Now?), please meet GMO advocate Dr. Patrick Moore who claimed that the chemical in Roundup weed killer is safe for humans to consume and “won’t hurt you” but refused to drink up.  The video is originally from French cable channel Canal+. Forbes call this video “meaningless theater” but that “you wouldn’t want to drink a quart of it.”

Via Salon

 

Are we to understand that anyone who claims in an interview that this herbicide is  safe for humans will now be asked to drink up from now on?

And might those who advocate that aerial spraying is safe will now be asked to live TDY in the target areas for aerial fumigation?

For the record, Embassy Bogota states that “the spray program adheres to all Colombian and U.S. environmental laws and applies a dose of glyphosate to coca that is well within the manufacturer’s recommendations for non-agricultural use.” Online information appears outdated.

Following our inquiries about the aerial eradication in Colombia, a State Department official made the following points to us:

  • Glyphosate is a frequently assessed and tested substance, having been intensely examined for decades. The overwhelming body of scientific literature has consistently found glyphosate to be safe when used correctly for both humans and the environment.
  • Glyphosate is approved for use in all 50 US states, Canada, and the EU.
  • Glyphosate is widely used in Colombia for agricultural purposes. Indeed, only about 9 percent of glyphosate used in Colombia is used in the drug eradication effort – the other 91 percent is used for agricultural purposes.
  • The spraying program against coca has played the critical role in decreasing the area of coca under cultivation by more than 50 percent, denying criminal groups access to illicit resources.

 

Last week, the NYT cited Daniel Mejia, a Bogota-based economist who is chairman of an expert panel advising the Colombian government on its drug strategy; he said that the new WHO report is by far the most authoritative and could end up burying the fumigation program.

“Nobody can accuse the WHO of being ideologically biased,” Mejia said, noting that questions already had been raised about the effectiveness of the spraying strategy and its potential health risks. A paper he published last year, based on a study of medical records between 2003 and 2007, found a higher incidence of skin problems and miscarriages in districts targeted by aerial spraying.

Hey, isn’t this the same guy who previously talked to the INL folks at the U.S. Embassy in Colombia?

So  in essence,  the U.S. government had been presented evidence that might prevent certification? Anyone interested in looking at that new data?

What happened to the purported cable that was sent through the Dissent Channel (pdf) last year on this specific topic? Filed and forgotten?

Meanwhile, the spraying continues . . . .but there’s no shortage of Colombian trafficked cocaine on U.S. streets.

Last week, Reuters reported that U.S. authorities confiscated a $180 million shipment of cocaine from Colombian drug traffickers aboard a boat on the Pacific Ocean bound for the United States.  The Drug Enforcement Administration (DEA) reportedly found 5.28 tonnes of the drug aboard that vessel, a small fraction of what is reportedly 300-500 metric tons of trafficked cocaine from Colombia.

Below is the most recent completed report on aerial eradication in Colombia dated 2011. We understand that the  report for Fiscal Year 2015 is currently being drafted.

#

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

Posted: 12:45 pm EDT

 

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

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

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

How?


All Diplomats Must Hold and Keep Top Secret Clearances

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

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

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

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

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

 

8,042 Diplomats Targeted

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

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

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

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

What makes career diplomats special, pray tell?


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

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

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

No, there were no photos.

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

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

 

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

This is spectacular and unprecedented.

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


Why roll over and play dead?

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

So —

Self_certification

click image for larger view

 

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

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

It doesn’t.

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

That’s right, going back decades.

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

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

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

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

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

 #

IT Consultant Using Identity Of Deceased Infant Snagged During Passport Application

Posted: 2:08  am EDT

 

Via USDOJ:

Computer Industry Consultant Convicted For Using Identify Of Deceased Infant

BOSTON – A former Boston computer industry consultant was found guilty following a five-day jury trial on March 6, 2015, of assuming the identity of an infant who died in 1966 and using that identity to obtain a Social Security number.

Steven Nolte, 51, was convicted of passport fraud, aggravated identity theft, and use of a falsely-obtained Social Security number.  U.S. District Court Judge Denise J. Casper scheduled sentencing for May 28, 2015.  He remains detained pending sentencing.

Nolte was born in Arizona in 1963 as Steven Nolte, but in 1997, he assumed the identity of a four-day-old infant who died in 1966.  At the time Nolte adopted this identity, he was in the process of stealing over $571,000 from a real estate company for which he had provided computer consulting services.  Nolte then obtained a passport in the assumed identity and traveled to Costa Rica, where proceeds of the theft had been wire-transferred.  Nolte thereafter traveled extensively in the South Pacific and ultimately settled in the Boston area, where he worked in the computer industry for many years under his assumed identity.  In 1999, he applied for a Social Security number by using the same false identity.  Nolte’s true identity was discovered in May 2012 when he submitted an application for a replacement passport in Boston under his assumed name.  State Department officials realized that the Social Security number Nolte was using had not been issued to Nolte in the assumed name until he supposedly was 33 years old.  Upon further investigation, agents learned of the infant’s death in 1966, and ultimately uncovered Nolte’s true identity.

The charge of making false statements in a passport application provides for no greater than 10 years in prison and three years of supervised release; the charge of using a falsely-obtained Social Security number provides for no greater than five years in prison and three years of supervised release; and the charge of aggravated identity theft provides for a mandatory two years in prison, and one year of supervised release.  All three charges provide for fines of up to $250,000.  Actual sentences for federal crimes are typically less than the maximum penalties.  Sentenced are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and statutory sentencing factors.

United States Attorney Carmen M. Ortiz; David W. Hall, Special Agent in Charge of the U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today.  The case is being prosecuted by Assistant U.S. Attorneys Brian Pérez-Daple and Robert E. Richardson of Ortiz’s Major Crimes Unit.

Original announcement is here.

#

A chilly year up north? How Canada left U.S. Ambassador Bruce Heyman out in the cold

Posted: 12:57  am EDT

 

On March 16, the United States and Canada signed  a new agreement reaffirming the United States and Canada’s commitment to enhancing security while facilitating lawful travel and trade, and supersedes the existing U.S.-Canada Air Preclearance agreement signed in 2001.  The new preclearance agreement – allowing for the immigration, customs and agriculture inspections required for entry into either country to occur on foreign soil – will reportedly reduce congestion and delays at the border and increase efficiency and predictability in cross-border travel, tourism and transportation.

.

.

All smiles there, and why not?

Then yesterday, the Globe and Mail’s Campbell Clark has a long piece on what is reportedly Bruce Heyman’s “rough year” as America’s ambassador to Ottawa.

For Mr. Heyman, it’s telling that since the day he presented his credentials nearly a year ago, when he and his wife Vicki had a 15-minute meet-and-greet with Mr. Harper and his wife Laureen, the U.S. ambassador has never had a one-on-one with the PM.
[…]
“There was no edict,” one senior Canadian government figure insisted. But several sources said there was at least a common narrative, from the Prime Minister’s Office to ministers, that Mr. Heyman wasn’t welcome.

.

.

.

Today, there’s also this Vanderbilt Mag piece noting that “Our northern neighbor is the United States’ largest goods trading partner, with $632 billion in total goods trade in 2013.”

“Bruce and I are really tackling this job as a team,” says Vicki. “We’ve been traveling the country like road warriors. Top to bottom, right to left.”

.

A related note — right there is an example of unpaid labor by a chief of mission spouse, a tradition deeply valued by the State Department until 1972 when the directive on diplomatic wives was issued and thereby ruined the much-beloved twofer system. That’s when participation by a Foreign Service wife in the work of a post was deemed “a voluntary act of a private person” and when the diplomatic spouse’s performance memorandum stopped being placed in the FSO’s performance dossier. We presumed, by the language of the directive, that up to 1972 there were no accompanying male diplomatic spouses in the service.

#

 

H.R. 1368: No Healthcare Subsidies for Foreign Diplomats Act of 2015

Posted: 12:12 am EDT

 

Following the 2013 report that Russian diplomats were charged with alleged widespread Medicaid fraud between 2004 to 2013 at an approximate cost of $1,500,000 in fraudulently received benefits (see 49 Russian Diplomats/Spouses Charged With Picking Uncle Sam’s Pocket in Medicaid Scam), Congress investigated (Congress Seeks Information on Obamacare Coverage of Foreign Diplomats).

On March 17, the House Committee on Foreign Affairs announced  that U.S. Rep. Ed Royce (R-CA), Chairman of the House Foreign Affairs Committee, and U.S. Rep. Paul Ryan (R-WI), Chairman of the House Ways and Means Committee, introduced H.R. 1368, the No Healthcare Subsidies for Foreign Diplomats Act of 2015, legislation to prevent foreign diplomats from receiving subsidized health coverage under the Affordable Care Act (ACA).  According to the Department of Health and Human Services, foreign diplomats and United Nations employees in the United States are currently eligible to obtain American taxpayer-funded subsidies under the ACA, such as premium tax credits and cost-sharing reductions, just like American citizens and lawful permanent residents.  By contrast, U.S. diplomats overseas do not depend on foreign taxpayers for health care coverage, relying instead on domestic health insurance plans that provide overseas coverage.

Chairman Royce said: “After a year-long investigation, the Obama Administration finally came clean about the fact that foreign diplomats are eligible for taxpayer-funded health care subsidies.  This is unacceptable.   Americans’ tax dollars should not be used to foot the bill for foreign diplomats’ health care coverage.  I am pleased to reintroduce this legislation and look forward to working with Chairman Ryan to pass this commonsense reform.”

H.R. 1368:

  • Expresses the sense of Congress that foreign diplomats should be allowed to purchase health insurance coverage in the U.S., but the cost of that coverage should be borne by their sending States;
  • Expresses the sense of Congress that U.S. taxpayers should not subsidize the health insurance expenses of foreign diplomats;
  • Amends the Internal Revenue Code to make foreign diplomats ineligible for health insurance premium tax credits and cost-sharing reductions under the ACA;
  • Requires the Secretary of HHS to certify to Congress that no foreign diplomats are receiving such benefits under the ACA; and
  • Requires the Secretary of State to notify all foreign missions in the U.S. that their personnel are ineligible for these benefits under the ACA.

The Committee says that initially, it sent a letter to Secretary Kerry requesting information on the arrest and the eligibility of foreign diplomats receiving government-funded medical benefits.  In January and April of 2014, the Committee also sent letters to the Secretary of Health and Human Services regarding foreign diplomats’ eligibility to receive Obamacare.  In a response on September 30, 2014, HHS confirmed foreign diplomats’ eligibility for government subsidized healthcare.  In October of 2014, Chairman Royce and former Chairman Camp wrote to IRS Commissioner John Koskinen seeking information about how many foreign diplomats have enrolled in the Affordable Care Act and have received subsidies.

The HHS response to the eligibility of foreign diplomats under Obamacare notes the following:

[F]oreign diplomats’ eligibility to participate in the Health Insurance Marketplaces is governed by the Affordable Care Act, which specifies that, in order to enroll in a qualified health plan (QHP) through the Marketplace, an individual must: (I) reside in the state that established the Marketplace; (2) not be incarcerated, other than pending the disposition of charges; and (3) be a United States’ citizen or national, or a non-citizen who is lawfully present and reasonably expected to remain so for the entire period for which enrollment is sought. Non-immigrant, non-citizens in the “A” and “G” visa classifications are lawfully present for this purpose, if they have not violated the terms of the status under which they were admitted or to which they have changed after admission. Accordingly, to the extent that a foreign diplomat who is a non-immigrant under an “A” or “G” visa classification and who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission resides in the state that established the Marketplace and is not incarcerated other than pending the disposition of charges, he or she would be eligible for enrollment in a QHP through the Marketplace. The Department does not collect data on the number of foreign diplomats who participate in the Marketplace.

#

Related posts:

 

 

Congressional Research Service Reports and Briefs – October 2014

via state.gov

-10/31/14   Border Security: Immigration Inspections at Port of Entry  [502 Kb]
-10/29/14   Iraq: Politics, Governance, and Human Rights  [497 Kb]
-10/29/14   U.S. and International Health Responses to the Ebola Outbreak in West Africa  [633 Kb]
-10/28/14   The Ebola Outbreak: Quarantine and Isolation Authority – Legal Sidebar  [55 Kb]
-10/27/14   Proposed Train and Equip Authorities for Syria: In Brief  [340 Kb]
-10/23/14   Iran Sanctions  [709 Kb]
-10/22/14   Political Transition in Tunisia  [437 Kb]
-10/22/14   The “Islamic State” Crisis and U.S. Policy  [594 Kb]
-10/21/14   A New Authorization for Use of Military Force Against the Islamic State: Comparison of Current Proposals in Brief  [302 Kb]
-10/21/14   Turkey-U.S. Cooperation Against the “Islamic State”: A Unique Dynamic? – CRS Insights  [170 Kb]
-10/20/14   Palestinian Authority: U.S. Payments to Creditors as Alternative to Direct Budgetary Assistance? – CRS Insights  [58 Kb]
-10/17/14   U.S. Citizens Kidnapped by the Islamic State  [60 Kb]
-10/10/14   Al Qaeda-Affiliated Groups: Middle East and Africa  [1119 Kb]
-10/10/14   Increased Department of Defense Role in U.S. Ebola Response – CRS Insights  [48 Kb]
-10/07/14   As Midterm Election Approaches, State Election Laws Challenged – Legal Sidebar  [53 Kb]

* * *

Robin Raphel, Presumption of Innocence and Tin Can Phones for Pak Officials

— Domani Spero

 

Late on November 6, WaPo published the following Robin Raphel story:

Here is a link to the NYT story:

 

On November 7, an unnamed official cited by the Associated Press said the FBI investigation was related to access to classified materials:

 

NYT did a follow-up report over two weeks later reporting that an eavesdropping on a Pakistani official led to the Raphel inquiry:

 

A follow-up report from WaPo includes a statement from Amy Jeffress, Ambassador Raphel’s attorney (she is also the former chief of the National Security Section in the U.S. Attorney’s Office for the District of Columbia).

“Ambassador Raphel is a highly respected career diplomat who has dedicated her life to serving the United States and its interests,” said Amy Jeffress, Raphel’s attorney and the former chief of the National Security Section in the U.S. Attorney’s Office for the District of Columbia. “She would never intentionally do anything to compromise those interests. She, and we as her counsel, are cooperating with the investigation, and we are confident that she will be cleared of any suspicion.”

What do we know about this case?  Below is a list of “known” items out there according to media reports:

  • The federal investigation reportedly is part of a counterintelligence probe.
  • Ambassador Raphel’s security clearances reportedly was withdrawn.
  • She reportedly was placed on administrative leave last month, and her contract with the State Department was allowed to expire.
  • The FBI reportedly searched her Northwest Washington home, and her State Department office  also was examined and sealed.
  • Agents reportedly “discovered classified information” during a raid at her home.
  • In an intercepted conversation this year “a Pakistani official suggested that his government was receiving American secrets from a prominent former State Department diplomat,” reportedly setting off the espionage investigation.
  • Apparently,Ambassador Raphel has not been told she is the target of an investigation, and she has not been questioned according to her spokesman.
  • Ambassador Raphel now has a lawyer.
  • Over two weeks after the original report surfaced, she has not been formally accused or charged with a crime. Since she has not been formally charged, she has no way to defend herself from allegations.

The Indian media has had a field day with this investigation, throwing in a bunch of name calling, and well, it looks like she is considered a national nemesis over there. The view from Pakistan (read this) is thoughtful and more wait and see.  We’re also now starting to see Raphel’s name being linked to Hillary Clinton; she has been described as a “close Clinton family friend,” a  “Hillary donor” and a “powerful Clinton ally.”

In any case, we understand from a source inside the building that the FBI would “never investigate” a State employee without coordinating with Diplomatic Security’s Office of Investigations and Counterintelligence. Apparently, there is an FBI liaison in DS/IC to assist with the sharing of case information but whatever role Diplomatic Security played in this case, the bureau is not advertising it.

We’ve compiled a list of the things we don’t know about this case and the questions we have:

  • According to WaPo, two U.S. officials described the investigation as a counterintelligence matter, which typically involves allegations of spying on behalf of foreign governments. Who are these officials and what are their motive for leaking a counter-intel probe to the news media?
  • The investigation reportedly is ongoing; does the media spotlight not jeopardize the investigation?
  • According to NYT, it is unclear exactly what the Pakistani official said in the intercepted conversation that led to this investigation. Apparently, it is also not/not clear “whether the conversation was by telephone, email or some other form of communication.” Does this mean all discrete discreet Pakistani officials in the U.S. now are limited to discussing their lunch menu and tourist opportunities in their host country to using tin can telephones for official subjects?
  • Who is the  Pakistani official? Was he/she aware that USG agents were eavesdropping? If he/she/they were not aware before of the eavesdropping, are they aware now?  We’re seriously perplexed, how is this helpful?
  • We understand that by the time a case like this goes overt, the government has  all the information it needs.  It is not not apparent if that is the case here. If we presume that the USG went overt because it has all the evidence it needs, how come there are no charges to-date?

One of our most sacred principles in the United States is the presumption of innocence until proven guilty.   The government not only must charge an individual suspected of a crime, it also must prove,beyond a reasonable doubt, each essential element of the crime charged. That has not happened here.

Despite what the Indian media says, and even if Pakistani officials in the U.S. now are using tin-can telephones to communicate, the current status of the Raphel case amount to allegations from unnamed officials, and an ongoing investigation.  That is far from clear evidence of guilt.

 * * *

 

Updated on 11/25/14 at 1546 PST to correct grammatical errors and for clarity. 

 

 

 

 

 

 

 

Former Ambassador and Pakistan Expert Under Federal Investigation as Part of CounterIntel Probe

— Domani Spero

 

Late breaking news today concerns Robin Raphel, a retired Foreign Service officer, former ambassador, and most recently, a senior coordinator at the State Department’s  Af/Pak shop as being under federal investigation as part of a counterintelligence probe.

Via WaPo:

A veteran State Department diplomat and longtime Pakistan expert is under federal investigation as part of a counterintelligence probe and has had her security clearances withdrawn, according to U.S. officials.

The FBI searched the Northwest Washington home of Robin L. Raphel last month, and her State Department office was also examined and sealed, officials said. Raphel, a fixture in Washington’s diplomatic and think-tank circles, was placed on administrative leave last month, and her contract with the State Department was allowed to expire this week.
[…]
Details of federal counterintelligence investigations are typically closely held and the cases can span years. Although Raphel has spent much of her career on Pakistan issues, it was unknown whether the investigation, being run by the FBI’s Washington Field Office, was related to her work with that country.
[…]
“We are aware of this law enforcement matter,” State Department spokeswoman Jen Psaki said. “The State Department has been cooperating with our law enforcement colleagues.”
[…]
“She is no longer employed by the State Department,” Psaki said.

* * *

 

Her appointment at the S/RAP office did not come without some controversy. Here is an article from 2009:

 

We were able to locate two previous posts here from 2009 (see A Strategy for that $7.5 billion Pakistan Aid) and 2010 (see BLT on Former Ambassador Robin Raphel). In 2010, the Blog of Legal Times was tracking the news on lobbying disclosures concerning Ambassador Raphel.  She was at the time, already a member of Richard Holbrooke‘s team as the Special Representative to the Af/Pak region.  Her formal title was Senior Coordinator for Economic and Development Assistance.  Ambassador Raphel is a career diplomat who served as Ambassador to Tunisia (1997-2000).  In August 1993, during the Clinton Administration she was named the first Assistant Secretary of State for South Asian Affairs (1993-1997). Her Wikipedia entry says she retired from the State Department in 2005 after 30 years of service. Below is her outdated bio from her tenure as A/S for South Asian Affairs from the 1990s:

Ms. Raphel was sworn in as the first Assistant Secretary of State for South Asian Affairs on August 6,1993.

Ms. Raphel was born in Vancouver, Washington, and spent all of her childhood on the West Coast. Graduating from high school in Longview, Washington in 1965, she went on to the University of Washington to study history and economics. She spent her junior year at the University of London studying history. She returned to England after graduating for a year at Cambridge University before taking a teaching job at a woman’s college in Tehran, Iran. After leaving Iran in 1972, Ms. Raphel returned to the U.S. to study economics at the University of Maryland. After finishing her Masters of Arts degree, she first went to work for the federal government as an economic analyst at the CIA. From there she went to Islamabad, Pakistan, where she joined the Foreign Service and worked on detail to USAID as an economic/financial analyst.

Upon returning to Washington in 1978, Ms. Raphel worked in the State Department in several capacities — Economist in the Office of Investment Affairs, Economic Officer on the Israel Desk, Staff Aide for the Assistant Secretary for the Near East and South Asian Affairs, and Special Assistant to the Under Secretary for Political Affairs. In 1984 she was posted to London where she served in the U.S. Embassy as a Political Officer covering Middle East, South Asia, African and East Asian issues. She moved to South Africa in 1988 as Counselor for Political-Affairs at the U.S. Embassy. From August 1991 until August 1993, Ms. Raphel was the Counselor for Political Affairs at the U.S. Embassy in New Delhi, India.

Ms. Raphel is married to Leonard Ashton. They have two young daughters.

 

The WaPo report cites the FBI’s Washington Field Office as the entity running the investigation. Makes one wonder what is Diplomatic Security’s Office of Investigations and Counterintelligence role in this investigation. It is the State Department office tasks with conducting “a robust counterintelligence program designed to deter, detect, and neutralize the efforts of foreign intelligence services targeting Department of State personnel, facilities, and diplomatic missions worldwide.”

We should also note that two U.S. officials described the federal investigation to WaPo as a counterintelligence matter, which typically involves allegations of spying on behalf of foreign governments. The report, however, also  says that “the exact nature of the investigation involving Raphel remains unclear” and that “she has not been charged.”

We’ll have to wait and see how this investigation ends.

 * * *