Category Archives: Hearings

May 7, 2013: Today at the SFRC – James Knight (Chad), Deborah Jones (Libya)

 

Presiding: Senator Menendez

Date: Tuesday, May 07, 2013

Time: 10:00 AM

Location: Senate Dirksen 419

Webcast: This hearing is scheduled to be live webcast. Please return to this page to view the hearing live at the specified date and time.

NOMINEES:

The Honorable James Knightof Alabama, to be the Ambassador to the Republic of Chad

The Honorable Deborah Kay Jones, of New Mexico, to be the Ambassador to Libya

 

 

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Is the State Dept’s Bureaucratic Firewall Crumbling? Former DCM Says Accountability Review “let people off the hook” …

Via CNN:

Greg Hicks, former deputy chief of mission at the U.S. Embassy in Tripoli, Libya, told congressional investigators that the State Department internal review of the catastrophe at the mission in Benghazi “let people off the hook,” CNN has learned.

The Accountability Review Board “report itself doesn’t really ascribe blame to any individual at all. The public report anyway,” Hicks told investigators, according to transcript excerpts obtained by CNN. “It does let people off the hook.”
[...]
Rep. Darrell Issa, the chairman of the House Oversight and Government Reform Committee, said Sunday on CBS that Hicks will testify Wednesday in a congressional hearing on the deadly attack in Benghazi.

“In our system, people who make decisions have been confirmed by the Senate to make decisions,” Hicks told investigators.”The three people in the State Department who are on administrative leave pending disciplinary action are below Senate confirmation level. Now, the DS (Diplomatic Security) assistant secretary resigned, and he is at Senate confirmation level.  Yet the paper trail is pretty clear that decisions were being made above his level.

Whom might Hicks be referring to? He specifically mentions Under Secretary of State for Management Patrick Kennedy.

“Certainly the fact that Under Secretary Kennedy required a daily report of the personnel in country and who personally approved every official American who went to Tripoli or Benghazi, either on assignment or TDY (temporary duty), would suggest some responsibility about security levels within the country lies on his desk,” Hicks said.
[...]
The day after Rice’s appearance on the Sunday shows, Hicks says, he asked Acting Assistant Secretary for Near Eastern Affairs Beth Jones, ” ‘Why did Ambassador Rice say that?’ And Beth Jones said, ‘I don’t know.’”

Hicks said he didn’t think Jones “welcomed the question at all. … Both the sharpness of the ‘I don’t know’ and the tone of voice … indicated to me that I had perhaps asked a question that I should not have asked.”

Continue reading, Benghazi whistle-blower Hicks: Internal review ‘let people off the hook’.

If you missed this weekend’s Face the Nation, see the CBS Face the Nation Transcript, May 5, 2013, the first part is on Benghazi.

We have written previously how we were troubled by the ARB fixing the blame at the bureau level (see How long will the State Dept’s bureaucratic firewall hold at the bureau level?; and These bureaus don’t exist in a vacuum? Oh, but they do – since …).

 We find the “fixin” the blame ‘er accountability at the bureau level quite disturbing but also laughable.  We are tempted to start calling this the “Accountability for Mid Level Officials Review Board” as suggested.

Back in December, we’ve also speculated at three future scenarios:

  1. That the four resignations will temper the noise and hold the firewall at the bureau level.
  2. That the four resignations will increase the noise, add more questions, breach the bureau firewall and one or more of the Under Secretaries will roll.
  3. That with the holiday week coming, people will be riveted by last minute shopping, and will be so Benghazid-out to care.

It looks like scenarios #1 and #3 are now out.  Remains to be seen how scenario #2 plays out with this week’s Oversight hearing.  We suspect that one or more of the under secretaries will soon announce a desire to “spend more time with the family” or retire or whatever.

We understand that Mr. Hicks was the deputy chief of mission in Tripoli from June 2012 – October 2012.  We don’t know why this tenure was only for four months.  We have tried reaching out to Mr. Hicks but have not heard anything back. He presumably also became the charge d’affaires in the aftermath of Ambassador Steven’s death.  Mr. Hicks is an FS-01 Econ Officer with 22 years of service.

On October 11, 2012, retired FSO Laurence Pope assumed office as charge d’affaires at the US Embassy in Tripoli (see Officially Back: Ambassador Laurence Pope to Tripoli as Chargé d’ Affaires.

In January 2013, a career FSO took over running the embassy from Ambassador Pope (see US Embassy Libya: New Chargé d’ Affaires William Roebuck Assumes Office.

On March 19, 2013, President Obama announced his intent to nominate Deborah Jones as the next ambassador to Libya (see  Officially In: Deborah K. Jones, from MEI Scholar-in-Residence to Libya).  Ambassador Jones is scheduled to have her confirmation hearing at the Senate Foreign Relations Committee tomorrow, Tuesday, May 7, 2013.

Mr. Hicks is scheduled to testify at the House Oversight Committee hearing on Wednesday, May 8. We have a prior engagement that day so we’ll be late.

– DS

 

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Oversight Committee Announces Names of Benghazi Hearing Witnesses: Mark Thompson, Gregory Hicks, Eric Nordstrom

Via the House Oversight and Government Reform Committee dated May 4, 2013:

House Oversight and Government Reform Committee Chairman Darrell Issa today announced three witnesses who will appear at a full committee hearing, “Benghazi:  Exposing Failure and Recognizing Courage,” on Wednesday, May 8, 2013, at 11:30 AM in 2154 Rayburn House Office Building.

“I applaud these individuals for answering our call to testify in front of the Committee.  They have critical information about what occurred before, during, and after the Benghazi terrorist attacks that differs on key points from what Administration officials – including those on the Accountability Review Board – have portrayed,” said Issa.  “Our committee has been contacted by numerous other individuals who have direct knowledge of the Benghazi terrorist attack, but are not yet prepared to testify.  In many cases their principal reticence of appearing in public is their concern of retaliation at the hands of their respective employers.  While we may yet add additional witnesses, this panel will certainly answer some questions and leave us with many new ones.”

Witnesses:

Image via House Oversight Committee

Image via House Oversight Committee

 

In October 2012, the Oversight Committee held the first hearing on the Benghazi attacks, which exposed denials of security requests and forced the Administration to acknowledge that the attacks were not sparked by a protest of a YouTube video, contrary to claims made by Obama Administration officials.

*** NOTE: Press seating will be reserved, but limited. Please arrive early (hearing room will open to press at 10:30 AM) to guarantee a seat. An overflow area will be available. ***

Hearing Details:
Wednesday, May 8th, 2013
Benghazi: Exposing Failure and Recognizing Courage
Full Committee, Chairman Darrell Issa, (R-CA)
11:30 a.m. in 2154 Rayburn House Office Building and streaming live at oversight.house.gov.

 

We can’t seem to find the position of Deputy Assistant Secretary for Counterterrorism  in the State Department directory.  The Bureau of Counterterrorism (CT) is headed in an acting capacity by  Ambassador-at-Large & Coordinator Jerry P. Lanier.  The directory also list Mark I. Thompson as Deputy Coordinator for Operations  (teldir dated May 3,2013 p.OD-16). We can’t say if this is the same person referred to in the Oversight announcement.

Mr. Hicks is running for State VP in the AFSA elections; we cannot locate him in the phone directory so we can’t say what his current assignment is in the State Department.  When the State Department sent  some  embassy personnel back to Tripoli to reopen the embassy in September 2011,  Joan Polaschik was the DCM (see Modest Diplomatic Footprint Returns to Tripoli Without Ambassador Cretz).  So Mr. Hicks must have succeeded Ms. Polachick sometime in 2012. We’re trying to track down when was his exact tenure at US Embassy Tripoli.

Mr. Nordstrom has previously testified at the Oversight Committee on July 26, 2012.

It’ll probably be standing room only.  Come prepared.

– DS

 

 

 

 

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Quickie: Progress on Post-Benghazi Reforms

Via WaPo:

Seven months after the deadly terrorist attack in Benghazi, Libya, the State Department says it has reorganized itself so that security concerns rise more quickly to the top and risks are more thoroughly assessed.

But some of the most substantive changes promised in the wake of the attack — including more Marines to protect U.S. embassies, a bigger diplomatic security staff, and more reliable local guards and translators for high-risk posts — will not take effect for months or even years.
[...]
Secretary of State John F. Kerry, whose budget testimony Wednesday will mark his first appearance before Congress since taking office, plans to tell lawmakers that the department has taken action on all 24 recommendations made by an independent board that reviewed the Benghazi incident, a senior administration official said.

But the official, speaking on the condition of anonymity before Kerry’s public statement, drew a distinction between those matters that have been resolved and those on which implementation has barely begun.

“Some take some time to accomplish,” the official said.

Continue reading,  Kerry to cite progress on post-Benghazi reforms, but some measures may take years.

 

Sure take some time … see  2005 Jeddah ARB Recommended “Remote Safe Areas” for Embassies – Upgrades Coming … Or Maybe Not.

 

Since you’re reading this, you may want to read Bloomberg editorial board’s piece, Breaking Congress’s Benghazi Fever:

Republicans on the House Committee on Foreign Affairs, for instance, were seized with the “lies” told by administration officials during the presidential race about the nature of the attack and its perpetrators’ possible links to al- Qaeda. Only one committee member (a Democrat) focused on an actual step to improve security, asking if Kerry supported a bill to allow the department to hire local security guards on the basis of the best-value, rather than lowest, bid.

This is a shame, because history suggests that the State Department isn’t going to fix the security challenges it faces without strong support and scrutiny. More fundamentally, as threats grow and budgets decline, Congress needs to vigorously debate the best way for the U.S. to conduct diplomacy in dangerous places.
[...]
Ferreting out a supposed White House election-year coverup might have immediate partisan appeal, but it won’t advance the safety of U.S. diplomats in the future.

Thanks Bloomberg View for linking to our piece on the Jeddah ARB and the missing remote safe areas.

– DS

 

 

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Hillary Clinton Handles a Mansplainer in Gifs

It was only a matter of time. #whatdifferencedoesitmake got a hashtag soon after it was uttered. There are even Hillary Clinton 2016 signs printed with it. Then Hillary Clinton Not Impressed During Benghazi Hearing got a photo caption contest.  And can Hillary Clinton in gifs be far behind? Of course not!

Over at feministing.com, columnist Zerlina Maxwell posted a series of gifs as part of a humorous “how-to” guide to dealing with “mansplainers” (defined as “a person — typically a man — who explains something condescendingly or patronizingly to a listener — usually a woman — who, in fact, does not require an explanation”).

Here are three of our picks:

Step 4: Raise your hands up like, “What’s your point?” and clown the mansplainer for not having an actual relevant point.

hclinton-yourpoint_zps53e740b8

The really hillaryious part is when the guy at the other end of the conversation ends up his turn with “Thank you, Madame Secretary.” He could have asked a bunch more follow-up questions had he attended the classified hearing on Benghazi and did his homework.

Step 5: When Senator John McCain calls you combative and proceeds to rant endlessly, nod with a sly smile.

hclinton-nodding_zps3be9c096

Step 7: Rearrange all of the random crap on your desk.  You can never be too organized when getting grilled by angry white dudes.

hclinton-pageturn_zps9131fafb
If you want the full tutorial, head over to How to deal with a mansplainer starring Hillary Clinton in gifs.

We think that this woman is still going places, never mind what the press release says.  You noticed, of course, that no one has bothered to put Senators McCain, Paul or Johnson in gifs?  And they’ve got gorgeous ties.  Maybe the gifs are the new bubble heads and signs of things to come?

Stoooop! We’re not going there, not to 2016 even if she already got a Ready for Hillary Super PAC and a second memoir in the works.

In any case, did you see Matt Damon tie and gag Jimmy Kimmel on teevee?   What a great idea! The next congressional rep who ask brainless questions during a hearing after skipping a classified briefing on the matter being discussed ought to be gagged with a tie duct-tape ala Jimmy Kimmel. Because it’s really annoying when we have to listen to our elected representatives listen to themselves talk.  But hey! Don’t ask Matt Damon to do it.

Wait —  wouldn’t it be great if in addition to requesting tickets, flags, congressional interventions over visa matters, constituent services could also include volunteer opportunities to administer the duct-tape?
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Benghazi Hearings with Hillary Clinton: Some Take Aways

So after months of endless chatter and lots of ink spilled on Secretary Clinton testifying on Benghazi, the moment finally arrived on January 23, 2013. You’d think that after over four months waiting for the Secretary of State to appear in Congress to answer questions about the Benghazi attack, that our elected representatives had the time to craft questions that would help inform us better.  Unfortunately, that was not the case.    Did we learn anything new from the hearing? Well, not really but we did have a few take aways.

I.  Folks elected to Congress apparently do not need to know basic information before coming to a hearing and asking questions. Uh-oh, brains going commando!  But that’s part of the perks of being an elected representative.  You don’t have to know anything or a lot.

Rep. Joe Wilson asked why there were no Marines in Benghazi.  Oh, Joe!

Rep. Kinzinger suggested that an F-16 could/should have been have flown over Benghazi to disperse the mob/crowd or whatever you call those attackers.

We’ve heard of things called pepper sprays, tear gas, even pain rays for crowd control but this is the first time we’ve heard of the suggestion of using F-16s for crowd dispersal.  You need to get one of those for your post asap.

Rep. Juan Vargas asked again why there were no Marines in Benghazi. Ugh! Juan, do your homework or dammit, listen!

Rep. McCaul asked why Stevens was in Benghazi on September 11, 2012.  Did he bother to read this report, or did he read it and did not believe it?

Rep. Marino on State Dept personnel who were put on administrative leave in the aftermath of the ARB report: “Why haven’t they been fired?” Clinton: “There are regulations and laws that govern that.”

Well, dammit, who wrote those regulations and laws?  Oooh!

 Rep. Ileana Ros-Lehtinen on the Benghazi ARB not having interviewed Clinton: “I think that’s outrageous.”

The good congresswoman from Florida would have wanted the ARB Benghazi to interview the Secretary of State for a report that will be submitted to the Secretary of State. That would have been certainly outrageous, too, no?

She also asked: Why did State not immediately revamp our security protocols prior to the September 11th attacks?

Huh?

Sen. Jeff Flake  asked if Clinton was consulted before Susan Rice was chosen to go on Sunday morning shows.

Rep. Matt Salmon: “Eric Holder has repeatedly misled about an international gun-trafficking scheme.”

Gawd, no more Rice, pleeeeaase! And did somebody scramble Matt’s hearing schedule again?  Was Eric Holder in the building?

At the SFRC hearing, the more deliberative kind, Senator Rand Paul gave himself a lengthy talk and then asked: “Is the U.S. involved in shipping weapons out of Libya to Turkey.”

Clinton’s response: “To Turkey? I will have to take that question for the record. That’s … Nobody has ever raised that with me.”

Dear Senator Paul, please check with OGA, the Annex people may know.

Of course, President Senator Paul will also be remembered for stealing the thunderbolts from Senator McCain with his: “Had I been president at the time and I found out that you did not read the cables … I would have relieved you of your post.”

Hookay!

Senator Paul was only topped by Sen. Ron Johnson of Wisconsin with his inquiry which started a heated exchange with Clinton:  ”Did anybody in the State Department talk to those folks [people evacuated from Libya] very shortly afterwards?”

With all due respect, the fact is we had four dead Americans,” Clinton told him angrily. “Whether it’s because of a protest or whether a guy out for a walk decided to go kill some Americans, what difference at this point does it make?”

And perhaps because of that heated exchange, we will forever remember Senator Johnson as the guy who got Hillary mad, and got a public spanking in the process.  His response? “Thank you, Madame Secretary.”

II.  2016 looming large in their minds, oh my!

Tom Udall of New Mexico praised Secretary Clinton for her work on “cookstoves” which  improve lives for third world people.

Were there cookstoves in Benghazi?

Rep. Ami Bera said: “I think I speak for all the freshmen that we’re not gonna get much time to serve with you, but we hope in a few years we’ll get that chance to serve again.”

Rep. Juan Vargas said: “I have to say that because it’s true, one, and secondly, I don’t think that my wife, my 16-year-old daughter or my nine-year-old daughter … she’d probably even turn on me and wouldn’t let me in the house if I didn’t say that.  You are a hero to many, especially women ….”

That’s just a sampling of the other extreme reception that Secretary Clinton received from one side of the aisle while the other side were reportedly “grilling” her.  If you call what she got a grilling, we hate to see what a real roasting is like.

III.  1.4 million cables

Secretary Clinton told Congress that about 1.4 million cables go to the State Department every year, and they’re all addressed to her.  All you need to do is peek at those Wikileaks cables and you’ll quickly notice that almost all cables going back to Washington are addressed to  SECSTATE.  The Secretary doesn’t read all of them because that would be a crazy expectation; that’s why there are tiered leadership within that building.  There’s a cable reportedly floating around the net sent by Ambassador Stevens to the State Department about security. From best we could tell, the cable was drafted by one officer, cleared by one officer, and released by one officer under Ambassador Stevens’ signature. He is the chief of mission. All cables that went out of Tripoli were sent under his signature.

The question the reps should have asked is how many NODIS cables did Ambassador Stevens send from Tripoli?  Cables captioned NODIS identifies messages of the highest sensitivity between the chief of mission and the Secretary of State.  All other regular cables marked Routine, Priority or Immediate would have gone through the appropriate distribution channels, and up the offices and bureaus within State.  Security request cables would have been received at Diplomatic Security, any deliberation beyond the bureau would have gone up to the Under Secretary for Management (“M”).  That’s within their pay grades.  We doubt very much that any would have gone to the Secretary’s office.  Note that this is not the first time that an ambassador’s request for additional security was not seen by the Secretary of State. Ambassador Bushnell prior to the bombing of the US Embassy in Nairobi made a similar request to Secretary Albright. In the aftermath of the bombing  Secretary Albright told the ambassador she never saw the letter.

 

IV.  Iraq and Afghanistan sucked out resources

Okay, we all know this already. But here the Secretary of State, for the first time publicly acknowledged that an emphasis on security in Iraq and Afghanistan in the past decade diverted resources from other outposts around the world.

 

V. Accountability Review Boards. 

Since 1988 there have been 19 Accountability Review Boards investigating attacks on American diplomats and diplomatic facilities worldwide.   Of those 19 ARBs only the ARB for the East Africa Bombings and the ARB for Benghazi are available for public view.  Can some media or accountability group please FOIA the remaining 17 ARBs? Better yet, if Congress can get its act together, it should update the regs to allow for the automatic publication of the ARBs after a certain length of time deemed appropriate.

We should note that the Accountability Review Boards are not “independent” bodies as they are often described in news reports. They are composed of individuals recommended by the Permanent Coordinating Committee (PCC) inside the State Department. A committee so transparent that you can’t find it listed in any of the DoS telephone directory.  In almost all of them, the chairman is a retired ambassador, with former, retired or current members from the federal bureaucracy.

The PCC composition itself is interesting.  Are we to understand that the PCC did not/not recommend to Secretary Clinton convening ARBs for the embassy breaches in Tunis, Sana’a, Cairo and Khartoum despite significant destruction of properties? Four ARBs in addition to Benghazi would have been too much, huh? Do please take a look at the PCC membership, and perhaps there’s the reason why.

 

VI. High Threat Posts. 

Secretary Clinton told the panel that she named the first Deputy Assistant Secretary of State for High Threat Posts, “so Missions in dangerous places get the attention they need.”  She’s talking about the newly designated 17 (20?) diplomatic posts considered high threat, which obviously need its own assistant secretary and an entirely new support staff.

That’s good and that’s bad. Perhaps we need to remind the somebodies that when the US Embassy Kenya was bombed, it was not a high threat post.  Nobody seems to know how or what factors were used in determining which post get into this list.  Even folks who we presumed should know are scratching their heads; they are in the dark.  As we have pointed out previously, some posts on this high threat list are not even considered danger posts.  And some posts considered dangerous enough that the Government pays employees a danger differential to be there are not on this list. Go figure.

Afghanistan, Azerbaijan, Egypt, Indonesia, Iraq, Jordan, Kenya, Libya, Mauritania, Nigeria, Pakistan, Somalia, South Sudan, Sudan, Syria, Tunisia, Yemen.

One other reminder. In the aftermath of the East Africa Bombing in 1998, and upon recommendation of the ARB for that incident, the State Department kicked off its Crisis Management Exercise program for its worldwide posts. The Crisis Management Training Office (CMT) went from a one-person shop ran for years by, if we remember correctly, a retired Special Forces colonel and Vietnam vet, to a big shop with lots of trainers and travel money ran by an FSO who was not a crisis management professional.  Yeah, you should read some of the scenarios they table-top sometimes where there’s a plane crash, and an earthquake and hell, a tsunami and a hostage taking, too, all on the same day, why not?

See if you can find an assessment on how much impact the CMEs have on mission preparedness. Particularly, if the local employees who play a large part in any catastrophic event overseas are not included in the exercise.  Did any of the CMEs ever written in the last 10 years imagined any of the events that played out in the last two years?

In the immediate aftermath of a terrorist attack, Congress often is lax with its purse strings. It does not want to be perceived as functioning on the wrong side of the story. It’s bad for reelection.  We have no doubt that Congress will increased funds for building new embassy compounds or hardening old ones, as well as increase US Marine Guards and Diplomatic Security personnel.  We don’t know if the MOU between DOD and State has been updated to allow the active use of force. Because what does it matter if you have more Marines if they are only allowed to engage in a passive response? Did anyone ask that during the hearing?

Perhaps the important take away in all this is that once you create and fund something in the bureaucracy, it lives almost to perpetuity; it is easier to stand up an office than remove an old one.  Has the Crisis Management Office served its purpose in the last decade? Maybe, maybe not. We have no way of knowing but it continue to exist.  Was the new directorate for High Threat posts within Diplomatic Security well thought of? Maybe, maybe not. But the office now exist and will operate with new authority, staff, funding and  the accompanying high profile within and outside the building.  Until the next big one happens, in which case, a new program or office will be quickly created in direct response to the incident.

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At the Senate Committee on Foreign Relations this week: Clinton on 1/23, Kerry on 1/24

The outgoing and the incoming Secretary of State will both be at the Senate Foreign Relations Committee this week. It looks like both events will be presided by the presumptive incoming chairman of the SFRC, Robert Menendez of New Jersey. Senator Menendez is not/not our pick for next chairman (oh god, that one) but that’s beyond our magical powers.  All we can do is hope that he does not mess up so badly that he makes it into the front pages of both The Daily Caller and Gawker, again.


Wednesday, January 23, 2013

Benghazi: The Attacks and the Lessons Learned
Presiding: Senator Menendez
Time: 09:00 AM EST
Location: Senate Hart 216

Witness:
The Honorable Hillary Rodham Clinton
Secretary of State
U.S. Department of State
Washington, DC

The hearing should be broadcast live here.


Thursday, January 24, 2013

Nomination Hearing
Presiding: Senator Menendez
Time: 10:00 AM EST
Location: Senate Hart 216

Nominee:
The Honorable John F. Kerry
of Massachusetts, to be Secretary of State

 

The video of the confirmation hearing should be available here.

—> Domani Spero

 

 

 

 

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Clinton Recovering, Top Deputies Burns and Nides Expected to Testify Dec.20

The news reports on whether or not Secretary Clinton will testify at the HFAC and SFRC on December 20 as previously announced continued over the weekend with its twists and turns.

The scheduled date was announced a week before last week.

Spokesperson Toria Nuland on December 13 suggested that the ARB report on which Secretary Clinton’s testimony will be based might not be ready on time.

On December 14, the Acting Deputy Spokesman said that “The committees have announced the secretary will be on the Hill next Thursday, and so that’s the plan. [...] We’ve been cooperating with Congress extensively and will continue to do so.”

Less than 24 hours later, Deputy Assistant Secretary of State Philippe Reines released a media statement on December 15 saying that “Secretary Clinton became dehydrated and fainted, sustaining a concussion. She has been recovering at home and will continue to be monitored regularly by her doctors. At their recommendation, she will continue to work from home next week, staying in regular contact with department and other officials.”

On December 15, Senator Kerry’s spokeswoman said that the senator “insisted that given her condition, she could not and should not appear” as planned.

Also on December 15, 3:22 pm EST, The Hill reported that Secretary Clinton’s deputies Thomas Nides and Bill Burns will now will testify in her place.

Deputy Secretary William J. Burns serves as the principal deputy, adviser, and alter ego to the Secretary of State; also serves as Acting Secretary of State when called upon.  Deputy Secretary of State for Management and Resources Thomas R. Nides serves as Chief Operating Officer of the Department. He also serves as principal adviser to the Secretary on overall supervision and direction of resource allocation and management activities of the Department. The Deputy Secretary for Management and Resources assists in carrying out the Secretary’s authority and responsibility for the overall direction, coordination and supervision of operational programs of the State Department, including foreign aid and civilian response programs.

As far as we are aware, this is the first time somebody higher than the under secretary of management is representing the State Department on the Benghazi hearings.

If Nides/Burns are expected to testify on the Secretary’s response to the ARB report on Thursday, that means the Pickering/Mullen appearance could not be later than Wednesday. That gives us this weekend, and Monday or Tuesday as the completion date for the ARB report. And probably 48 hours for the State Department to formulate the Secretary’s report to the Congress on each such recommendation and the action taken or intended to be taken with respect to the ARB recommendations.

Not a lot of time.  Whoever is writing/editing the Secretary’s report will have little sleep until this is done.

Obviously, a decision can be made to have Secretary Clinton testify the week after Christmas week, or as soon as Congress returns early next year, when she has fully recovered.  She’s got 90 days to submit her report to the Congress anyway.  And if they could wait this long, this could wait a couple or so more weeks … we wouldn’t mind waiting.

Except that with the two deputies now up for the hearings, we can’t really expect that she will be called again in the near future to testify about the exact same thing, can we?

domani spero sig

 

 

 

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Top Secret SFRC Briefing on Benghazi: DNI, State, NCC, Joint Chiefs, DOD, FBI – Who’s Missing?

We blogged last week about the scheduled December 14 Top Secret/Closed hearing at the SFRC  on the attacks in Benghazi.  The names of the witnesses were not posted online. We wondered if this was the joint Pickering-Mullen appearance on the ARB report. It wasn’t.

FP’s The Cable reported that the briefing was attended by SFRC Chairman John Kerry (D-MA) and presumptive ranking Republican Bob Corker (R-TN).  The other participants were:

  • Director of National Intelligence James Clapper
  • Under Secretary of State for Management Patrick Kennedy
  • Director of the National Counterterrorism Center Matthew Olsen
  • Maj. Gen. Darryl Roberson, vice director for operations on the Joint Chiefs of Staff
  • Principal Deputy Assistant Secretary of Defense for Special Operations and Low Intensity Conflict Gary Reid
  • Jenny Ley, deputy assistant director at the FBI

Given that there was reportedly a CIA operation there, isn’t it odd that there was no rep from the CIA in the briefing?  Don’t understand this.  Oh, is the agency’s absence or presence at the briefing also a secret?

domani spero sig

 

 

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Clinton will testify when ARB report is ready, that may/may not be next week — oh wait update

We blogged yesterday that Secretary Clinton is scheduled to testify at HFAC on Thursday, December 20.

She is also listed as sole witness on the 9:00 am, December 20, hearing at the SFRC on BENGHAZI: The Attack and the Lessons Learned.

We noted previously that the unclassified ARB on the 1998 East Embassy bombings is publicly available but that the other ARB reports through the last several years are not.   Due to intense public and congressional interest on this incident, we have always presumed that the unclassified portion of the Pickering ARB report will be released to the public.

Then you get this back and forth during the Daily Press Briefing between the State Dept spokesperson Toria Nuland and a member of the press that made us scratch our head.

QUESTION: So as – just to change the subject. As you know, Congress has set a date for Secretary Clinton to testify on Benghazi. So does that mean that the ARB is done now? And has she seen it? Have you seen it?
MS. NULAND: First of all, we talked about this a little bit yesterday. The ARB is continuing to do its work. To my knowledge, it has not yet concluded its work. As you know, it’s decided to keep its deliberations confidential until it is finished. As we’ve been saying, our expectation is that after the ARB reports to the Secretary, then she will have consultations with Congress in terms of the conclusions that she draws about how we need to go forward from there. So obviously, we’re planning ahead, but I don’t have any dates to announce until we have firm dates on when the ARB is coming forward.
QUESTION: Does Congress get a copy of the ARB, and do Mullen and Pickering either brief Congress or brief the press?
MS. NULAND: The ARB’s responsibility is to brief the Secretary. The Secretary has said that she will be transparent and open with Congress. I don’t have anything further to announce. I think we need to let the ARB report come forward, and we’ll go from there.
[...]
QUESTION: She does intend to testify next Thursday on the 20th of December?
MS. NULAND: Again, the Hill has talked about a planning date on the calendar. That presumes that the ARB is finished. I don’t have any dates – any schedule of the Secretary’s to announce here. It’s dependent upon events between now and then.
[...]
QUESTION: She hasn’t committed to testify?
MS. NULAND: Again, it’s dependent on the work being finished. Okay?
QUESTION: Are you aware that Senator Kerry announced that she will testify next Thursday?
MS. NULAND: She has made clear that when the work is ready, she will go consult with Congress on it. And that’s a commitment she’s made, and she intends to keep it.
QUESTION: And it could be later. On the point that he made, under the ARB regulations, the report is required to be given to Congress within 90 days of its completion.
MS. NULAND: No. What is required, Josh, and we’ll get you the statute if you’d like, is that the Secretary’s response to the ARB’s conclusions has to go in writing to the Congress within 90 days of her receiving the report. She obviously will intend to consult with them far earlier than that, as she’s committed.

The reporter did not ask Ms. Nuland if Ambassador Pickering requested an extension to the 60 day authority of the Board, which should have expired on/about December 4.

The Cable’s Josh Rogin: State Dept: Clinton may not testify on Benghazi next week

The exchange seems to also indicate that the ARB report itself may not be submitted to Congress but that Secretary Clinton’s response to the ARB recommendations/conclusion will be.

So we went and dug up the regs once more.

On the ARB findings:  12 FAM 035.1 (b) specifies that “In its report to the Secretary, a Board makes written findings, which may be classified, as necessary.”

Given the presence of the CIA, we suspect that a large chunk of the report will be classified.  The Board itself has no classification authority.  So the Director of M/PRI (reportedly Alaina Teplitz) will exercise classification authority for materials originating from Board activities according to the regs.

12 FAM 036.1 enumerates the types of reports that we can expect from the ARB:

  1. A Board’s report to the Secretary on its findings and any program recommendations;
  2. The Secretary’s report to the Congress on any program recommendations and the actions taken on them; and
  3. Report(s) to the Congress by the head(s) of the concerned agency(ies) or instrumentality(ies) on any personnel recommendations.

12 FAM 036.3 specifically talks about the Reports to Congress:

“The Secretary will, not later than 90 days after the receipt of a Board’s program recommendations, submit a report to the Congress on each such recommendation and the action taken or intended to be taken with respect to that recommendation.”

So yes, the regs did not say she has to submit the ARB report to the Congress, only that she submits a report on the ARB recommendation and the action taken.  There’s nothing that restricts her, of course, from sharing the ARB report (publicly or in closed doors, security classification excepted), but the ARB regulations do not appear to require her to do that.

Given the conspiracy theories already sprouting heads out of the Benghazi attack, we really hope there is a publicly available version of the report.

Updated@ 12/14:  After Toria Nuland’s suggestion yesterday that the ARB report on which Secretary Clinton’s testimony will be based might not be ready in time, the acting deputy spokesman offered some clarifications:

“The committees have announced the secretary will be on the Hill next Thursday, and so that’s the plan,” said Patrick Ventrell, the State Department’s Acting Deputy Spokesperson, in a briefing today. “We’ve been cooperating with Congress extensively and will continue to do so.”

Ugh! A few more of this and we will need dramamine.

Updated @ 12/15 11:17 am PST:
Deputy Assistant Secretary of State Philippe Reines on Saturday has the following email to reporters (via npr):

“While suffering from a stomach virus, Secretary Clinton became dehydrated and fainted, sustaining a concussion. She has been recovering at home and will continue to be monitored regularly by her doctors. At their recommendation, she will continue to work from home next week, staying in regular contact with department and other officials. She is looking forward to being back in the office soon.”

The AP is now reporting that Clinton’s aides on Saturday informed the SFRC chairman, Sen. John Kerry, about her health, and that “the Massachusetts Democrat,  “insisted that given her condition, she could not and should not appear” as planned, said Kerry spokeswoman Jodi Seth.  Senior department officials are expected to testify instead.” No word yet on how the HFAC hearing is going to proceed without its main witness.

domani spero sig

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