Why didn’t the State Dept have a permanent IG from 2008-2013? Late, but a senator wants to know.

Posted: 12:13  am EDT

 

Senate Judiciary Committee chairman Chuck Grassley has been keeping the records folks awake in Foggy Bottom. Last week, he directed his attention on the missing permanent IG at the State Department from 2008-2013. Over two years late but this gotta be good.

The previously Senate-confirmed OIG for the State Department was Howard J. Krongard who announced his resignation on December 7, 2007 and left post on January 15, 2008.  President Obama nominated the current IG Steve Linick in June 2013. The U.S. Senate confirmed his nomination on September 17, 2013 and Mr. Linick officially started work at the State Department on September 30, 2013.  (By the way, on October 1, the federal government went on shutdown and Mr. Linick’s office was one of the very few offices at the State Department whose employees were put on furlough).  The vacancy at the IG’s office lasted more than five years before President Obama’s nominee finally took office.  (See Senate Confirms Steve Linick; State Dept Finally Gets an Inspector General After 2,066 DaysAfter 1,989 Day-Vacancy — President Obama Nominates Steve Linick as State Dept Inspector General).

In any case, Senator Grassley now wants to know why the IG vacancy at the State Department lasted, by official count, 2,071 straight days. Late but okay, we’d like to know, too.  The senator wrote a letter to Michael E. Horowitz, the Chair of Council of the Inspectors General on Integrity and Efficiency (CIGIE) and to Secretary Kerry. Excerpt below:

Congress needs a better understanding of how and why the State Department lacked a permanent IG who could serve as an independent watchdog for 2,071 straight days. Accordingly, please respond to the following by September 11, 2015:

CIGIE Chair Horowitz: Assuming that CIGIE prepared a list of recommended candidates to fill the IG vacancy at the State Department created upon the departure of former IG Howard Krongard in 2008:

a. Who were the candidates?
b. When were they recommended?
c. Who sent the slate of recommendations from CIGIE to the White House?
d. Who received the slate of recommendations at the White House from CIGIE?

e. What was the response, if any, from the White House regarding the slate of candidates?
f. Who, if anyone, at CIGIE received the White House’s response?
g. When and how was any such response from the White House received?

h. Please provide all records from any CIGIE official at the time relating to communications with the White House about the IG vacancy or potential candidates to fill the vacancy.
i. Did CIGIE provide candidate names to the State Department? If so, please provide the Committee with all records from any CIGIE official at the time relating to communications with the State Department about the IG vacancy or potential candidates to fill the vacancy.

Secretary Kerry: Please provide the Committee with all State Department records related to the IG vacancy or potential candidates to fill the vacancy, including communications between and among former Secretary Clinton, her senior staff, or any State Department personnel, any CIGIE official, or any White House official.

In the letter’s footnotes, Senator Grassley cites the testimony of POGO’s Danielle Brian on “Watchdogs needed: Top Government Investigator Positions Unfilled for Years, June 3, 2015.”  POGO has previously questioned the independence of the State Department’s acting IG. POGO also published a letter from “very concerned employees” (pdf) dated January 12, 2008 sounding the alarm on the appointment of an acting IG. Senator Grassley is listed as one of the addresses of that letter.

Senator Grassley’s IG vacancy letter cites two cases:

1) The “appearance of undue influence and favoritism” in departmental investigations of three allegations related to Diplomatic Security investigations (see Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security | January 2015 (pdf).

[ As an aside — the original OIG draft/report on DS investigations dates back to 2012 and was made part of the Higbie v. Kerry, a title VII employment discrimination case in Texas. That case was subsequently dismissed by the district court and affirmed by the Court of Appeals (pdf) in March 2015.  But in 2013, the government sought to exclude the “improperly obtained documents” that Higbie obtained via a subpoena from a retired OIG employee, Aurelia Fedenisn. The government asserted that the documents, including the draft report, were improperly retained by Fedenisn after her employment ended in 2012.  We’re reminded of this case in relation to the IG vacancy because the Washington Examiner recently reported that the then acting IG had sought to keep early drafts of a controversial OIG report under wraps in the Higbie case in federal court in 2013. Note that the contents of that draft report have already circulated and were reported on by the press in June 2013].

2) Allegations related to “protected disclosures” at  the U.S. Consulate General in Naples Italy, a case currently in the court system  (see Howard v. Kerry: Court Denies Motion to Dismiss One Retaliation Claim.

Senator Grassley’s letter is available to read here: 2015-08-27 Grassley | CEG to CIGIE and State Dept (IG Vacancy)

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Clinton Email Controversy Needs Its Own Cable Channel, For Now, a Timeline

Posted: 1:42 am EDT

 

“[T]he system we used was set up for President Clinton’s office. And it had numerous safeguards. It was on property guarded by the Secret Service. And there were no security breaches.”
Hillary Clinton, March 10, 2015

It’s hard trying to keep track of the highs and lows of the Clinton email debacle. Since this is not going away anytime soon, or going away quietly, we thought we’d build a timeline, to keep the details we find relevant for our reference. Feel free to scroll.  We’ve written previously —  in this whole email mess at the State Department —  it must be said that this might not have happened if not enabled by senior bureaucrats in the agency. We do not believe for a moment that senior officials were not aware about the email practices of then Secretary Clinton or the record retention requirement. But hey, if the practice was done for four years over the protests and dissent of officials at “M”, “A”, the Legal Adviser or the CIO, we’d like to see that email trail. We will update the timeline, as needed.

2008

November 21, 2008: NY Times says Hillary Clinton accepts US Secretary of State position

December 1, 2008: President-Elect Barack Obama announces Hillary Clinton as Secretary of State (video)

2009

January 13, 2009:  Internet records show that the domain ‘clintonemail.com’ was created and had Network Solutions LLC as registrar. http://www.whois.com/whois/clintonemail.com

January 13, 2009:  Senate Confirmation Hearing for Secretary of State Nominee Hillary Clinton

January 15, 2009: Senate Foreign Relations Committee votes 16–1 to approve Clinton.

January 21, 2009:  Clinton is confirmed by the U.S. Senate as President Obama’s secretary of state by a roll call vote of 94–2.

January 21, 2009Clinton takes the oath of office of Secretary of State administered by Associate Judge Kathryn Oberly with Bill Clinton in attendance.  She resigned from the Senate the same day. (Hillary Clinton, the 67th Secretary of State)

July 31, 2009: State/OIG issues Review of the Information Security Program for Sensitive Compartmented Information Systems at the Department of State (CLASSIFIED) aud-it-09-21.pdf

November 2, 1009: NARA Notes on State Department State Messaging and Archive Retrieval Toolset (SMART) system rollout. Per IPS, people are “using the record email function” but huge issues with memos. Appears that the Executive Secretariat (S/ES) will be establishing its own recordkeeping system as the follow on to STARS. (view in pdf).

2010

January 21, 2010: Clinton give remarks on Internet Freedom, launches 21st Century Statecraft.

April 19, 2010:  Computer World reports that Network Solutions LLC is hacked, injected with malicious JavaScript and the affected sites redirecting unsuspecting users to a Ukrainian attack server.

December 22, 2010NARA Bulletin 2011-03 | December 22, 2010 – Guidance Concerning the use of E-mail Archiving Applications to Store E-mail

2011

June 28, 2011:  State Department releases cable on Securing Personal Email Accounts (Via FoxNews)

October 19, 2011“Classified” Information Contained in We Meant Well – It’s a Slam Dunk, Baby!

2012

March 12, 2012State Department Chief Freedom of Information Act Officer Annual Report | March 12, 2012

August 10, 2012: State OIG issues review of US Embassy Kenya, dings Ambassador Scott Gration, among other things, for use of commercial email (see State/OIG Releases Ambassador Scott Gration’s Embassy Report Card – And Look, No Redactions!)

August 24, 2012: OMB/NARA issues Managing Government Records Directive, OMB M-12-18 (pdf)

September 11, 2012: Ambassador Chris Stevens and three others killed in Benghazi, Libya

September 2012: State/OIG Inspection of the Bureau of Administration, Global Information Services, Office of Information Programs and Services Report Number ISP-I-12-54

October 2, 2012After a Year of Serious Roars and Growls, State Dept Officially Retires FSO-Non Grata Peter Van Buren (despite allegation that “two pages of the book manuscript we have seen contain unauthorized disclosures of classified information.”)

November 20, 2012State Dept FOIA Requests: Agency Ranks Second in Highest Backlog and Here’s Why

December 11, 2012: NARA Chief Records Officer Paul M. Wester Jr. Email to NARA’s Margaret Hawkins and Lisa Clavelli on how they “should delicately go about learning more” about the transition plans for Secretary Clinton’s departure from State. Concerns that “there are or maybe plans afoot to taking her records from State to Little Rock.” Invokes the specter of the Henry Kissinger experience vis-a-vis Hillary Clinton (view email in pdf)

December 19, 2012: Accountability Review Board (ARB) Singles Out DS/NEA Bureaus But Cites No Breach of Duty

2013

February 1, 2013:  Clinton leaves the State Department (Photo of the Day: 67 Says Goodbye to Foggy Bottom)

Early 2013:  After HRC left government service in early 2013, the Clintons decided to upgrade the system, hiring Platte River as the new manager of a privately managed e-mail network. The old server was removed from the Clinton home by Platte River and stored in a third party data center.[…] “The information had been migrated over to a different server for purposes of transition,” from the old system to one run by Platte River, said Barbara J. Wells, a Denver lawyer who represents Platte River Networks Inc., recalling the transfer that occurred in June 2013. (Via WaPo)

March 5, 2013: State Department publishes Foreign Affairs Manual updates on 12 FAM 540 Sensitive But Unclassified Information (SBU) View pdf file here.

March 20, 2013: Clinton’s private email address, hdr22@clintonemail.com, is made public by Romanian hacker named ‘Guccifer’  (real name is Marcel Lazăr Lehel) after hacking into Clinton adviser Sidney Blumenthal’s AOL email account. (via Gawker; emails published in full here via RT).

May 28, 2013:  House Oversight and Government Reform Committee Chairman Darrell Issa (R-Calif.) announced the issuance of a subpoena for  “documents and communications referring or relating to the Benghazi from ten current and former State Department officials. See House Oversight Committee Subpoenas Benghazi-Related Documents To/From Ten State Dept Officials.

June 2013  Hillary’s team shifts control of the email network to an outside IT contractor in Denver called Platte River Networks, and sends the original server hardware to a data center facility in New Jersey, where it is erased. (Via Daily MailVia WaPo)

June 27, 2013After 1,989 Day-Vacancy — President Obama Nominates Steve Linick as State Dept Inspector General

August 1, 2013: House Oversight Committee issues two subpoenas, 1) State Department documents that had been covered but not produced after earlier requests, and 2) documents related to the Benghazi Accountability Review Board.

August 19, 2013The Other Benghazi Four: Lengthy Administrative Circus Ended Today; Another Circus Heats Up

August 29, 2013: NARA Bulletin 2013-02 |  All Agencies, Guidance on a New Approach to Managing Email Records

September 9, 2013: NARA Bulletin 2013-03 | Guidance for agency employees on the management of Federal records, including email accounts, and the protection of Federal records from unauthorized removal

September 30, 2013Senate Confirms Steve Linick; State Dept Finally Gets an Inspector General After 2,066 Days

2014

January 16, 2014: State/OIG issues Management Alert – OIG Findings of Significant, Recurring Weaknesses in Dept of State Info System Security Program 220066.pdf

May 8, 2014: The House of Representatives adopted H. Res. 567, Providing for the Establishment of the Select Committee on the Events Surrounding the 2012 Terrorist Attack in Benghazi, Libya. Rep. Trey Gowdy, R-S.C., is named chairman.

August 5, 2014: State Department updates 12 FAM 530 STORING AND SAFEGUARDING CLASSIFIED MATERIAL.  Officers are reminded that Department-issued materials not codified in the Foreign Affairs Manual or its supplemental Foreign Affairs Handbook series generally have no regulatory validity (see 2 FAM 1115.2)

August 11, 2014: The State Department sends its first group of documents to the new Select Benghazi committee, a partial response to a previous subpoena. The production contains a few — less than 10 — emails either to or from Clinton. Committee staffers notice immediately that the emails are from a previously unseen address, hdr22@clintonemail.com. Meanwhile, the committee presses State to meet its legal obligation to fully respond to the pair of subpoenas originally issued in August 2013. (Via Washington Examiner)

August 28, 2014: State Department U/S for Management sends memo to department principals on Senior Officials’ Records Management Responsibilities (view memo pdf). See State Department issued instructions for Preserving Email of Departing Senior Officials (view memo p.13 pdf)

September 15, 2014: Former State Dept DAS Raymond Maxwell Alleges Benghazi Document Scrub Pre-ARB Investigation

September 15, 2014: NARA Bulletin 2014-06 | All Agencies, Guidance on Managing Email

September 16, 2014:  State Department Denies Raymond Maxwell’s Document Scrub Allegations. Peeeeriod!!!!

September 19, 2014:  State Dept on Former DAS Raymond Maxwell’s Allegations: Crazy. Conspiracy Theory. What Else?

September 30, 2014: State/OIG Audit of the Information Security Program for Sensitive Compartmented Information Systems at the Department of State for FY 2014 (CLASSIFIED) aud-it-14-36.pdf

October 10, 2014:  William Fischer, the Department of State agency records officer, sends message to NARA with a draft email policy to update State’s Foreign Affairs Manual (5 FAM 447). Requests for limited distribution within NARA to those “with equities in this issue.” (View email in pdf)

October 30, 2014: Memo to the Field (All Diplomatic and Consular Posts) from Under Secretary for Management, Patrick F. Kennedy re: State Department Records Responsibilities and Policy, October 30, 2014

November 4, 2014:  Jason Leopold submits a FOIA request for “any and all records that were prepared, received, transmitted, collected and/or maintained by the Department of State (DOS) mentioning or referring to or prepared by Secretary of State Hillary Clinton or any member of the Office of the Secretary (S) from January 21, 2009 to February 1, 2013.”  (source here- pdf).

November 07, 2014: State/OIG posts online Audit of Department of State Information Security Program | aud-it-15-17.pdf

November 12, 2014: Letter to Hilary Clinton’s representative, Cheryl Mills re: the Federal Records Act of 1950, November 12, 2014; to Colin Powell, to Condoleezza Rice; to Madeleine Albright;

November 2014: The Benghazi committee asks the State Department for a larger batch of Clinton’s emails and receives about 300 that relate to the Libya saga, amounting to 850 printed pages  (Source: Washington Examiner)

December 5, 2014:  Clinton’s aide Cheryl Mills says that in response to a request from the State Department, they have handed over (about 55,000 pages) her work-related emails (comprising 30,490 messages); Response to Under Secretary of State for Management, Patrick F. Kennedy from Hilary Clinton’s representative, Cheryl Mills re: the Federal Records Act of 1950, December 5, 2014

December 29, 2014: Updates to Foreign Affairs Manual 5 FAM 440 Electronic Records, Facsimile Records, and Electronic Mail Records published with the following notation:  “In October, 2014, the Department issued an interim directive superseding some text in this section. This subchapter will be revised to reflect the new guidance – Refer to Department Notice 2014_10_115 for more information.” (View pdf, department notice available here.)

2015

January 25, 2015: Leopold v. State Department (view lawsuit here- pdf).

February 13, 2015 The State Department sends the Benghazi committee another 850 pages of Clinton’s emails, including some from two different accounts on the private ‘clintonemail.com’ server  (Source: Washington Examiner)

February 27, 2015  State Department staffers tell Benghazi committee aides that Clinton had used her private address exclusively during her tenure at the agency, and that they don’t have any of her emails other than those she provided voluntarily. (Source: Washington Examiner)

February 27, 2015:  Mike Schmidt, reporter with The New York Times contacts NARA General Counsel requesting off the record chat on regulations for government employees who use their personal email addresses to conduct government business. Gary Stern tells his boss “I am happy to talk to him about what the law is (there are no regulations at this time).” (View email here)

March 2, 2015: NYTimes broke the news that Hillary Clinton exclusively used a personal email account to conduct government business as secretary of state.

March 2, 2015: NARA Legal Counsel talks to State Department Deputy Legal Advisor on the use of personal email accounts (View email from NARA Records Officer Wester to State/DAS Margaret P. Grafeld)

March 3, 2015: NARA puts together ‘Talking Points’ on Clinton emails. (View pdf). Talking Points available here.

March 3, 2015: NARA Acting IG asks NARA: “[W]ho is the NARA liaison with the State department for records management? Were we aware the gov email system was not being used by Ms Clinton. If we were not aware why not. What checks and balances do we have in place to ensure the gov email systems are being used. (View email)

March 4, 2015:  Clinton tweeted, “I want the public to see my email. I asked State to release them. They said they will review them for release as soon as possible.”

March 6, 2015: Marie Harf, a State Department spokeswoman, said the Foreign Affairs Manual was a department document and didn’t carry the force of law. She also said a memo to diplomatic staff around the word bearing Mrs. Clinton’s name and discouraging the use of personal emails was “colloquial guidance,” not a mandate. (Via Wall Street Journal)

March 10, 2015: Clinton holds a presscon at the UN, admits that she deleted more than 30,000 emails that she says were personal in nature, says she turned over everything work-related to the State Department, while insisting that “I did not email any classified material to anyone on my email.” (Ex-Chief Information-Disclosure Guru on Hillary’s Email Defense and the Folks Asleep at the SwitchFormer Secretary Clinton talks about her state.gov private emails)

March 10, 2015:  “I don’t have the FAM in front of me. I can certainly check and see if there were certain policies, if there were regulations. The FAM is not a regulation; it’s recommendations,” said Jennifer Psaki, State Department Spokesman during the Daily Press Briefing.  NewsFlash: “The FAM is not a regulation; it’s recommendations.” Hurry, DECLINE button over there!

March 11, 2015: The Associated Press sues the State Department to force the release of Clinton’s emails and other documents that the agency has failed to turn over following a Freedom Of Information Act request. The legal action comes after repeated requests filed under the U.S. Freedom of Information Act have gone unfulfilled. They include one request the AP says it made five years ago and others pending since the summer of 2013.

March 12, 2015: Senators Burr, Corker, Johnson sends a letter to State/OIG to coordinate “with the Inspector General for the Intelligence Community, and any other appropriate Federal entities, conduct a thorough audit related to electronic communications by State Department employees, including former senior officials, that were principally carried out on non-government-owned, or non-government-protected, information networks.” (View letter here via freebeacon.com).

March 25, 2015: Letter from Secretary of State, John Kerry to State Department IG, Steve Linick re: review of records management, preservation, and transparency practices, March 25, 2015

April 12, 2015: The former secretary of state announced her second presidential campaign in a video released online. (Video)

May 18, 2015: Leopold v. State Department – Court Declaration of State Depart FOIA official John F. Hackett (view in pdf)

May 21, 2015:  The Department releases a set of 296 of Clinton documents which previously had been provided in February 2015 to the House Select Committee on Benghazi. May Release via foia.state.gov. This is the first batch of Clinton’s emails made public by the State Department; roughly 850 pages, captures concerns over Libya (Via NYTimes).

May 27, 2015:  U.S. District Court Judge Rudolph Contreras set particular targets for the State Department to meet each month as it wades through the roughly 30,000 emails totaling about 55,000 pages. (The percentages set for each disclosure can be viewed in the judge’s written order, posted here.) Scheduled every 30 days, setting monthly targets for State so the work is completed by January 29, 2016 (Via Politico).

May 29, 2015: State Department updates its Foreign Affairs Manual 5 FAM 480 CLASSIFYING AND DECLASSIFYING NATIONAL SECURITY INFORMATION—EXECUTIVE ORDER 13526

June 2015: State Department releases more emails. June Release via foia.state.gov

June 25, 2015: State Department updates 12 FAM 530 STORING AND SAFEGUARDING CLASSIFIED MATERIAL

June-July 2015:  | Potential Issues Identified by the Office of the Inspector General of the Intelligence Community Concerning the Department of State’s Process for the Review of Former Secretary Clinton’s Emails under the Freedom of Information Act (pdf)

July 23, 2015: Charles McCullough, the inspector general for the U.S. intelligence community tells members of Congress in a letter that a limited sampling of 40 Clinton emails turned up four that “should have been marked and handled at the SECRET level.” (View memo here via Politico)

July 24, 2015: Andrea Williams, a spokeswoman for the inspector general for the Intelligence Community, told NPR’s Carrie Johnson that at least four emails that were sent through Clinton’s private email network “were classified when they were sent and are classified now.” 

July 25, 2015:  “I am confident that I never sent nor received any information that was classified at the time it was sent and received,” Clinton told reporters in Winterset, Iowa, after news emerged this week that a federal watchdog had asked the FBI to review whether potentially classified material in her e-mails had been jeopardized during a State Department review of the messages ahead of public release. (Via Bloomberg).

July 27, 2015: Select Committee on Benghazi Chairman Trey Gowdy announced the State Department’s pledged to produce 5,000 new pages of documents to the Committee. As a result of the forthcoming production, the Chairman accepted Mr. Finer’s request to postpone the compliance hearing. (see State Dept to Release 5,000 Pages to Benghazi Panel, No Hearing With Kerry Top Aide For Now)

July 27, 2015: The State Department issues enhanced guidance for speaking, writing, teaching and media engagement for its employees, retirees, externs, interns and others. The clearance requirement covers  testimony provided in Congress even in an employee’s private capacity.  See State Dept Releases New 3 FAM 4170 aka: The “Stop The Next Peter Van Buren” Regulation

July 31, 2015: The second installment of emails from Hillary Clinton’s private server, released Friday by the State Department, includes 41 messages that reviewers determined contained classified material. (Via Daily Mail).

July 2015: State Department releases more emails. July Release via foia.state.gov

August 7, 2015: According to Nick Merrill, a Clinton press secretary, “She did not send nor receive any emails that were marked classified at the time.” (Observer.com)

August 10, 2015: Clinton makes court declaration under penalty of perjury per request from U.S. District Court Judge Emmet Sullivan. (Via Politico“While I do not know what information may be ‘responsive’ for purposes of this law suit, I have directed that all my emails on clintonemail.com in my custody, that were or potentially were federal records be provided to the Department of State, and on information and belief, this has been done,” wrote Clinton (view declaration here).

August 11, 2015: McCullough updates his statement to Congress on classified materials on personal electronic storage devices,  saying that Clinton emails reviewed contains information classified up to TOP SECRET//SI/TK//NOFORM. (See pdf file here)

August 12, 2015: Server was transferred to the FBI by Platte River Networks, a Denver firm hired by Clinton (via Associated Press)

August 13, 2015:  Gawker Media has previously requested the release of emails belonging to Philippe Reines, the loyal Hillary Clinton aide and former deputy assistant secretary of state. The department claimed that “no records responsive to your request were located.”  On August 13, lawyers for the U.S. Attorney General submitted a court-ordered status report to the U.S. District Court of the District of Columbia in which it disclosed that State employees had discovered “5.5 gigabytes of data containing 81,159 emails of varying length” that were sent or received by Reines during his government tenure. Of those emails, the attorneys added, “an estimated 17,855” were likely responsive to Gawker’s request (See status report for the court via Gawker).

August 17, 2015: Screeners of the 30,000 Hillary Clinton e-mail messages ordered released by a federal judge in May have flagged 305 of those documents for further review by U.S. intelligence agencies, government lawyers said in court papers. (via Bloomberg)

August 17, 2015: Clinton told reporter Clay Masters with Iowa Public Radio what she thinks will come of her controversial decision to exclusively use private email while secretary of state. “I think this will all sort itself out,” Clinton said. “And in a way, it’s kind of an interesting insight into how the government operates. Because if I had not asked for my emails all to be made public, none of this would have been in the public arena. But I want people to know what we did, I’m proud of the four years I was secretary of state.” (Via Politifact)

August 19, 2015: An email from a top Clinton adviser containing classified military intelligence information, and one from a top aide containing classified information about the Benghazi terror attack, were reportedly the documents that kick-started the FBI investigation into the mishandling of classified information. See the two of the Benghazi-related emails on the server (Via Fox News)

August 20, 2015: U.S. District Judge Emmet Sullivan orders the State Department to work with the FBI to determine if any of Hillary Clinton’s emails on her server during her tenure as secretary of state could be recovered. The State Department has 30 days to comply with Sullivan’s order. (Via Fox News) At a hearing for a Freedom of Information Act lawsuit against the State Department, Judge Sullivan of Federal District Court for the District of Columbia, said that “we wouldn’t be here today if the employee had followed government policy.” (Via NYTimes)

August 21, 2015: Dozens of Clinton emails were classified from the start, U.S. rules suggest (Via Reuters)

August 21, 2015: Clinton attorney David Kendall writes a letter to U/S for Management Patrick Kennedy and explains how, contrary to a Judge Emmet D. Sullivan’s s comment this week, her use of personal email was permitted under the NARA, FRA and FAM guidelines in place at the time she served. (letter here via ScribD)

August 21, 2015:  The lawyer for Huma Abedin, a longtime confidante of Hillary Rodham Clinton, wrote a letter to the State Department disputing concerns that Senator Charles E. Grassley raised about a possible conflict of interest involving her. (read the letter via NYTimes)

August 24, 2015: State Dept. Spokesman John Kirby Tells CNN:  “At The Time, When She Was Secretary Of State, There Was No Prohibition To Her Use Of A Private Email”

 

Sigh … to be continued

October 22, 2015: Clinton is scheduled to appear before the Select Committee on Benghazi.

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P.S. For obvious reasons, the slugfeast ring for this post is disabled.

Burn Bag: Embarrassed by Hillary Server Scandal (*/_⧹) Not Enough Facepalms

Via Burn Bag:

“I understand most in our profession are admirers of Hillary, but the lack of response from the Department on this e-mail issue is a disgrace.  A Cabinet-level official and her top aides completely disregard IT security policies for 4 years, and we’re not even recognizing how badly we failed?  How many in the Executive Secretariat knew about this?  Short of formal reprimands, have we at least said this must never happen again?  Maybe a FAM amendment explicitly forbidding senior officials from doing this?”

via reactiongifs.com

via reactiongifs.com

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Senator Grassley Places Hold on 20 FSO Nominations Over Clinton Inquiry

Posted: 4:07 am EDT

 

On August 5, the Senate Foreign Relations Committee cleared a short Foreign Service list (PN573-4) containing 20 nominees for “appointment as Foreign Service Officer of Class Two, Consular Officer and Secretary in the Diplomatic Service of the United States of America.” On the same day, Senator Grassley [R-IA] filed a notice of intent to object to “any unanimous consent request” relating to these appointments:

grassley hold

 

This development follows Senator Grassley’s objection to the nomination of career foreign service officer David Malcolm Robinson to be an Assistant Secretary of State for Conflict and Stabilization Operations (see Senate Judiciary Sets Sight on Allegations Over Huma Abedin’s State Dept Employment, Senate Hold On).  Senator Grassley called Mr. Robinson, “an innocent victim” in his public tussle with the State Department.  According to Senator Grassley, his hold on the 20 FSOs “is not intended to question the credentials of the individuals up for appointment.”

The State Department deputy spox was asked about this on August 6, and here is his response:

QUESTION: Well, he said he’s – he said the new holds are on 20 nominees.

MR TONER: I haven’t seen that additional add. I mean, look, we’ve received nearly a dozen letters and requests from Senator Grassley in recent months, and just in – as recently as July 1st we responded to him and then told him that a response that includes a document production was in process, and this response also included substantial responses to his queries on – specific queries on records retention at the State Department. These – as we’ve discussed at length here, these kind of document productions take time, and the Department will be providing information to Senator Grassley in response to the requests in the very near future. And in terms of – I think he sent a letter yesterday. We’re working on a response to his requests from the most recent letter.

According to time.com, the State Department has provided five letters since 2013 in response to Senator Grassley’s inquiries about everything from its use of SGE designations to Clinton’s use of a private e-mail server. But the senator has reportedly accused the department of willfully withholding responsive materials, demonstrating “a lack of cooperation and bad faith in its interaction with Congress.”

So 21 career nominees from 11 states right now. None from Iowa. Just. Pawns.

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Senate Judiciary Sets Sight on Allegations Over Huma Abedin’s State Dept Employment, Senate Hold On

Posted: 4:33  pm EDT

On July 30, Senator Charles E. Grassley , the Judiciary Committee chairman  wrote a letter to Secretary Kerry saying it has learned that State/OIG has opened an investigation to examine the circumstances of Ms. Abedin’s work arrangements, leave status, and conversion from a full-time Department of State employee to a Special Government Employee (SGE) and Senior Advisor to former Secretary Clinton. He writes that the “OIG found at least a reasonable suspicion of a violation of Title 18, United States Code, Section 641, theft of public money through time and attendance fraud, and Title 18, United States Code, Section 208, acts affecting a personal financial interest related to conflicts of interest connected to her overlapping employment as an SGE and her employment at Teneo and at the Clinton Foundation. The Judiciary Committee first inquired about related issues in June 2013.”

The letter outlines questions and allegations related to Conflicts of Interest and Special Treatment, and Improper Designation as an SGE (special government employee). The letter is quite particular, using specific terms like “baby moon,” “out of the office,” “going out of town,” “maternity leave,” and inquiring about Ms. Abedin’s stay at the US Ambassador’s residence in Rome. Here’s a list of what the Committee is interested in:

To aid the Committee in its investigation of these allegations, please provide the following:

  1. All documents and communications referring or relating to time and attendance for Ms. Abedin, all approved timesheets, leave requests, and any requests for paid or unpaid excused absences or administrative leave.
  2. All documents and communications referring or relating to Ms. Abedin having applied for or having received approximately $33,000 for unused leave.
  3. All documents and communications referring or relating to Ms. Abedin having applied for or having received compensation for unused leave.
  4. All documents and communications between or among Ms. Abedin and any employees, clients, or other affiliates of Teneo.
  5. All documents and communications referring or relating to time and attendance for Ms. Mills, all approved timesheets, leave requests, and any requests for paid or unpaid excused absences or administrative leave.
  6. All documents and communications between or among Ms. Abedin and any employees or other affiliates of the Clinton Global Initiative.
  7. All documents and communications between or among Ms. Abedin and any employees or other affiliates of the Clinton Foundation.
  1. All documents and communications forwarded by Ms. Abedin to a non-State Department e-mail address.
  2. All documents and communications between or among Ms. Mills, Ms. Abedin or Secretary Clinton referring or relating to Ms. Abedin’s leave requests or time and attendance, including the mentioning of Ms. Abedin being “out of the office,” “going out of town,” “maternity leave,” “annual leave,” “sick leave,” “baby moon,” or other similar statements.
  3. All documents and communications referring or relating to the Office of Inspector General investigation into Ms. Abedin.
  4. A description of Ms. Abedin’s duties at the Department of State before her designation as an SGE.
  5. A description of Ms. Abedin’s duties at the Department of State after her designation as an SGE.
  6. All documents and communications previously requested by this Committee relating to communications between or among the Department of State, Teneo, and Mr. Band. Additionally, please provide a written explanation as to why these records have been withheld to date.
  7. All documents and communications referring or relating to Ms. Motley’s meeting with Secretary Clinton that allegedly resulted in the granting of Ms. Abedin’s SGE designation.
  8. All documents and communications referring or relating to Ms. Abedin’s stay at the U.S. Ambassador to Italy’s residence in Italy and her trip to France in 2011.
  9. Did the Department search for or consider any other candidates besides Ms. Abedin for the SGE-expert position requiring expert knowledge on policy, administrative, and other matters? If so, please provide the supporting documentation. If not, why not?
  10. A list of all other instances in which a Department of State employee converted from a regular, full-time position to an SGE, and subsequently became simultaneously employed by a private company.
  11. All work papers, background documents, and communications relating to whether Ms. Abedin’s employment as an SGE presented any ethical concerns or conflicts of interest with her multiple private sector jobs.

The full letter is available to read here: CEG to State (Abedin Annual Leave SGE), 7-30-15-3

And because this is not going to end anytime soon, the HuAb investigation has now turned into a Senate hold for the nomination of the Assistant Secretary of State for Conflict and Stabilization Operation (State/CSO); a bureau which appears to be in fundamental crisis. Having the top nominee snared in a Senate hold is not going to help the already problematic bureau, is it?

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According to time.com, the State Department has provided five letters since 2013 in response to Grassley’s inquiries about everything from its use of SGE designations to Clinton’s use of a private e-mail server. But Grassley says those letters have been incomplete and that the department has willfully withheld responsive materials, demonstrating “a lack of cooperation and bad faith in its interaction with Congress.”

Grassley filed a “Notice of Intent to Object” in the Congressional record on August 4 signifying his intent to block the  nomination of career foreign service officer David Malcolm Robinson , of Connecticut, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be an Assistant Secretary of State (Conflict and Stabilization Operations).

Senator Grassley is quoted in the Time’s report as saying that Robinson was “an innocent victim” of the State Department’s “contemptuous failures to respond to Congressional inquiries.” Grassley also said the department “has engaged in unreasonable delay in responding to Judiciary Committee investigations and inquiries” including the Abedin issue.

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Related posts: 

 

State/OIG Report on ECA Program – Whew! What a relief that this is so boring to everyone!

Posted: 4:08  am EDT

 

On October 24, 2009, the AP reported the following:

The State Department’s internal watchdog concludes in a new report that the nation’s student foreign exchange programs need better federal oversight, after a scandal in which students were placed in shoddy homes in Pennsylvania.

The State Department’s acting inspector general, Harold W. Geisel, said in the report that the department’s Bureau of Educational and Cultural Affairs had largely abdicated its responsibility to ensure the well-being of thousands of exchange students who come to the United States each year.

The day before, the acting State/ECA boss wrote an email to Cheryl Mills on the IG report press coverage:

Via foia.state.gov

 

Screen Shot 2015-08-04

Email in pdf here.

Maura Pally is the the Senior Vice President, Women and Youth Programs, and serves as Acting CEO a the Clinton Foundation.  Previously, she served as Acting Assistant and Deputy Assistant Secretary of State for Educational and Cultural Affairs (ECA). Prior to joining the U.S. Department of State, she also served as deputy counsel for Secretary Clinton’s first presidential campaign.

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Clinton Email Staffing Pitches: Loyal and years of successfully making high ranking govt officials look good

Posted: 7:08 pm EDT

 

Another end of the month, another Clinton email dump. Below via foia.state.gov:

The Department is conducting a Freedom of Information Act (FOIA) review of all emails provided by former Secretary Hillary Rodham Clinton. Starting in June 2015, a new set of emails from this collection will be released on this site at the end of each month. These monthly releases will continue until the entire collection of records is reviewed for public release, and all releasable records will be available on this site.

In May 2015, the Department released a set of 296 of these documents which previously had been provided in February 2015 to the House Select Committee on Benghazi. These and additional emails released in coming months from this collection will be available here.

On December 1, 2008, President-elect Obama formally announced that Clinton would be his nominee for Secretary of State. On January 21, 2009, Clinton was confirmed in the full Senate by a vote of 94–2. The emails we have looked at so far from this latest dump are from the start of her tenure with routine staffing issues, folks looking for jobs, people recommending others, stuff like that. There are some interesting ones:

 

This is a June 2009 email to HRC chief of staff Cheryl Mills from an individual (name redacted) seeking other opportunities at the State Department.  Remember this pitch … “years of successfully making high ranking government officials look good.”

cinton email dump july 31 2015

 

Here is an email from an individual (name redacted) “applying for a job” sent to Nicholas Blair, son of former UK PM Tony Blair, forwarded to Cherie Blair, who then forwarded the resume to HRC:

Screen Shot 2015-07-31

 

If the secretary of state wants to hire you, it’s only a question of tasking someone to find a slot for you at WHA, S/P (policy planning shop) or elsewhere, really — but “someone who lacks discretion is not possible.”

Screen Shot 2015-07-31

 

State/OBO’s very difficult time and what looks like a staffing pitch in 2009 from “M”:

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In September 2009, then US Ambassador Susman in London sent an email to Cheryl Mills about a Schedule C appointee referred for a Special Assistant job to the ambassador. Ambassador Susman writes that the individual “was so overqualified for the position we need to fill” and that he appointed the individual to a [REDACTED] which the individual was apparently “very excited about.” Ambassador Susman attached the individual’s letter to him and forwarded it to Ms. Mills.  A Schedule C at every groovy embassy? Since when did we start hiring Schedule C appointees for overseas missions? Is this some big gun or some kid of some big gun, you think?  Schedule C positions are excepted from the competitive service because of their confidential or policy-determining character. Most such positions are at grade 15 of the General Schedule or lower.

Screen Shot 2015-07-31 at 3.36.33 PM

There’s more but gotta make dinner.  In any case as early as May 2009, just four months into her tenure, folks were already talking about 21st statecraft as a “major part of HRC’s legacy.”

Screen Shot 2015-07-31

 

Our favorite email, if we could pick one, is probably the one sent by Huma Abedin to HRC in November 2009 about Kurt somebody who did not want his sleep disturbed:Screen Shot 2015-07-31

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State Dept to Release 5,000 Pages to Benghazi Panel, No Hearing With Kerry Top Aide For Now

Posted: 12:40  am EDT

 

On July 22, The Hill reported that the Gowdy committee investigating the 2012 Benghazi attacks announced it has called on one of Secretary of State John Kerry’s top aides to appear this week. The panel apparently wanted Jon Finer, Kerry’s chief of staff, to appear on July 29th to discuss the State Department’s compliance with the panel’s investigation.

Late on July 27, The Hill reported that the State Department has agreed to release 5,000 pages of documents to the House Select Committee on Benghazi tomorrow, July 28. This document release temporarily cancels Mr. Finer’s appearance before the panel but chairman Trey Gowdy (R-S.C.) has not ruled out any future appearance.

The new document dump comes after a standoff between the State Department and the House panel, which had previously ordered a top aide to Secretary of State John Kerry to testify on Wednesday.

After the department committed to releasing the 5,000 new pages to the committee, the hearing with that aide — Kerry’s chief of staff, Jon Finer — will be postponed until after Kerry has completed a marathon string of briefings and hearings to sell the international nuclear deal with Iran.
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“If the State Department does not fulfill this production, or if production continues to be anemic and underwhelming, we will move forward with scheduling a compliance hearing before the committee,” he added.

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Clinton Email Challenge Now a Sharknado, and Secretary Kerry Is Right to be “Concerned”

Posted: 2:13  pm PDT

 

This happened Thursday night. We drafted this post early morning but waited for a piece of information we wanted to see. So yup, overtaken by events.  In any case, you may now read the inspector generals memos referenced to in the NYT report here. See NYT: Criminal Inquiry Sought Over Clinton Emails? Read the Inspector Generals Memos.  We’re also waiting for the OIG to issue a clarification on the DOJ referral the NYT reported.

The memos went possibly from two IG offices — State Department Steve Linick and Intelligence Community Inspector General I. Charles McCullough, III — to the Under Secretary for Management Patrick Kennedy. The IGs memos are also cc’ed to one of the State Department’s deputy secretaries. It looks like, the memos or contents/snippets of it were shared with DOJ, as a DOJ official appears to be the NYT’s source for this story (see tweets below).

Here are the tweets from July 24:

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The report from the NYT includes the following:

— 1.  The memos were provided to The New York Times by a senior government official.

— 2.  The inspectors general also criticized the State Department for its handling of sensitive information, particularly its reliance on retired senior Foreign Service officers to decide if information should be classified, and for not consulting with the intelligence agencies about its determinations.

— 3.  The revelations about how Mrs. Clinton handled her email have been an embarrassment for the State Department, which has been repeatedly criticized over its handling of documents related to Mrs. Clinton and her advisers.

— 4.  Some State Department officials said they believe many senior officials did not initially take the House committee seriously, which slowed document production and created an appearance of stonewalling.

— 5.  State Department officials also said that Mr. Kerry is concerned about the toll the criticism has had on the department and has urged his deputies to comply with the requests quickly.

Today:

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On this whole email debacle at the State Department, it must be said that this might not have happened if not enabled by senior bureaucrats in the agency. We do not believe for a moment that senior officials were not aware about the email practices of then Secretary Clinton or the record retention requirement. But hey, if the practice was done for four years over the protests and dissent of officials at “M”, “A”, the Legal Adviser or the CIO, we’d like to see that email trail.

By the way, this NYT report follows a July 20 Politico report about a contentious hearing where U.S. District Court Judge Richard Leon demanded explanations for why some of the Associated Press’ FOIA requests received no reply for four years or more before the wire service filed suit in March.

“The State Department’s not going to have the luxury of saying, because we’re focusing on Hillary’s emails, we’re doing so at the cost and expense of four-year-old requests. So, that’s not going to be an excuse,” the judge said. “In my judgment, a four-year-old request gets a priority over a recent request.”

On Mr. Kerry’s concern about the toll the criticism has had on the department … the secretary is right to be concerned. Senior officials did not take Congress seriously?  Even if senior bureaucrats do not agree or approve of the conduct of the Select Committee, even if they think this is a sideshow seeking to derail a presidential campaign, the required document production is still part of their jobs. In my view, the most serious consequence on the appearance of stonewalling is it also gives the appearance that bureaucrats are picking sides in this political shitstorm.

This can potentially undermine the expectation of the State Department as an impartial and non-political entity. The perception, right or wrong, that this impartiality is compromised, will not serve it or its employees well in the long run.

You might like to read a couple previous posts on FOIA personnel, costs and the “persistent neglect of fundamental leadership responsibilities” that made this the Clinton email debacle a challenge of Sharknado proportion for the agency. (see Snapshot: State Dept FY2014 FOIA Personnel and Costs and State Dept FOIA Requests: Agency Ranks Second in Highest Backlog and Here’s Why).

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Fobs For Everyone: 624,000 More Hours of Productivity at the State Department! Woohoo!

Posted: 4:33 pm EDT

 

Not too long ago, State Department EFM Jen Denoia wrote about the reasonable expectation of family members to have access to the department’s online resources:

Eligible Family Members (EFMs) such as myself are still mired in the same backwards technology that existed when our family joined the State Department 15 years ago. Despite advances such as the development of fobs, a device many employees use to generate passwords for intranet access from off-site computers, EFMs have not been granted access to such tools. While we tend to do most of the post research, we are still reliant upon non-State resources in order to retrieve bidding information when we need it the most.

A year after Secretary Clinton arrived at State (and to this day), there is still no decent online access for family members of State Department employees.  The Foreign Service version of MilitaryOneSource for family members may remain only a dream for the foreseeable future.  In 2009, a senior adviser at the State Department helped justify the “fobs for everyone” by citing that the program “will produce new fewer than 624,000 more hours of productivity by end of year.”

On May 12, 2009, CIO Susan Swart wrote an email to Alec Ross, then State Department senior advisor for innovation:

I met with Pat today and we did discuss expansion of the fob program. He is supportive and asked that we do a decision memo to him. WE need this get decision on funding and longer term strategy but I don’t see this as slowing down an announcement the Secretary might make, we just need to coordinate timing.

A couple days later, Alec Ross sent an email to Cheryl Mills and Jake Sullivan:

We’re going to forward with the doubling of mobile access to email and productivity tools. It’s INSANE that fewer than 1 in 5 state Department are able to access their email or documents when they’re away from their desk.

It has contributed to the 9:00-5:00 culture here and exacerbates the disconnection between D.C. and the missions. This is a good short-term win and by my estimates will produce new fewer than 624,000 more hours of productivity by end of year one which I think is extremely conservative – it assumes just 1.5 additional hour online per employee per week.

Given that those being given the tools are principally foreign service officers and people more senior than the mean average DoS employee, I think this is very reasonable. Will put an evaluative instrument into this to see if I’m correct.

More detail on all this below if you want it.

I should point out that Pat Kennedy and the CIO have been great. This has been one of several instances where they listened, they got it, and they’re moving forward. The CIO said she’d thought of it before, just didn’t know if she could handle the politics. I’m not going to spend a ton of time on our “corporate IT” but in obvious cases like this I’ll keep jumping in.

Last thing — this idea got a lot of attention on The Sounding Board. I propose that HRC respond to the staff (maybe in a quick 60 second video that we post there) saying in effect – Thank you for sharing your thinking. I heard you. Because of you we’re doing this.

Re-enforce that HRC is still listening to the staff.

That same day, Cheryl Mills forwarded the email to HRC:

FYI – we’re going to get a short video from you that we’ll put on our site announcing this. It’s also one of the ideas we can use for how we are reforming the department for the reform committee.

Secretary Clinton replied:

Sounds great but you’ll have to explain to me!

So then Ms. Mills sent the following:

sure — bottom line – you need a special security code to get on line from a computer outside the building. Only 1 in 5 of our employees has gotten the device (fob) that allows you to do this access.

This effort is making sure they get fobs into the hands of more (or all) employees so folks can work from home thereby increasing productivity substantially since the 4 in 5 essentially do no work from home once they leave the building until they get in again b/c they don’t have access to their email.

On May 14, 2009, at 10:20 PM, the Secretary replied:

Got it. Is the other matter fixed. Anything else going on?

Whatever it was she was asking about,  Ms. Mills told her, it was “fixed.”  The rest of the email chain is redacted. Click C05761923 (pdf) to read this emails via foia.state.gov.

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