Munns v. Kerry: Court Dismisses Suit Challenging Policies on Private Security Contractors in Iraq

Posted: 12:30 am EDT

 

WaPo covered the ambushed and abduction of  four Americans and an Austrian employed by Crescent Security Group, a small private security firm in Iraq in July 2007.  In March 2008, U.S. authorities were reported to be in possession of five severed fingers, four of which belong to private security contractors.  In May 2008, the FBI identified the remains of the kidnapped contractors. This case was originally filed on March 22, 2010, Munns et al v. Clinton et al; case number 2:2010cv00681.

Via Opinion from the Court of Appeals for the Ninth Circuit, filed on Mar 20, 2015 (pdf):

Summary:

The panel affirmed the district court’s dismissal of the plaintiffs’ equitable claims due to lack of standing and their federal benefits claims due to lack of jurisdiction, and vacated the district court’s dismissal of the due process and takings claims for withheld back pay and insurance proceeds in an action brought against United States government officials by family members and a coworker of three Americans who were kidnapped and killed while providing contract security services during the United States military occupation of Iraq.

Opinion:

This case arises from the kidnappings and brutal killings of three Americans who were providing contract security services during the United States military occupation of Iraq. The plaintiffs, who include family members and a former coworker of these three men, brought suit against United States government officials to challenge policies governing the supervision of private contractors and the response to kidnappings of American citizens in Iraq (“policy claims”). They also claim the government is withholding back pay, life insurance proceeds and government benefits owed to the families of the deceased contractors (“monetary claims”).

The district court dismissed the policy claims for lack of standing and for presenting nonjusticiable political questions. It dismissed the monetary claims for failure to establish a waiver of the government’s sovereign immunity from suits for damages and for failure to state a claim for which relief could be granted. We hold that the plaintiffs have not shown they are likely to be harmed in the future by the challenged policies. They therefore lack standing to seek prospective declaratory and injunctive relief regarding those policies. We further hold that the plaintiffs have failed to allege a governmental waiver of sovereign immunity that would confer jurisdiction in the district court over their monetary claims. Finally, we hold that the United States Court of Federal Claims has jurisdiction over the plaintiffs’ claims for withheld back pay and insurance proceeds, and we direct the district court to transfer those claims under 28 U.S.C. § 1631. We thus affirm in part and vacate in part and remand.

Background:

In November 2006, while working for Crescent, contractors Munns, Young and Cote were assigned to guard a 46-truck convoy traveling from Kuwait to southern Iraq. The plaintiffs allege that on the day of the convoy, Crescent issued the men substandard military equipment and ordered other security team members not to accompany them on the convoy, and that Iraqi security team members slated to join the convoy failed to show up for work, leaving only seven contractors to guard the convoy. When the convoy stopped at an Iraqi police checkpoint, 10 armed men approached and, along with the Iraqi police, took five of the contractors captive, including Munns, Young and Cote. The men were held for over a year, until their kidnappers brutally executed them sometime in 2008.

The plaintiffs trace the contractors’ kidnappings and murders to Crescent’s failure to adequately prepare and supervise its personnel in Iraq. They allege Crescent’s deficient conduct was “officially sanctioned” by the Secretary of State through an unlawful order issued by the Coalition Provisional Authority (CPA) overseeing the U.S. occupation. CPA Order 17 allegedly gave “blanket immunity [to contractors] from all prosecution,” granting them a “license to kill” with impunity and permitting contractors to “circumvent the authority of Congress, the Courts, and the Constitution.”2 Additionally, the plaintiffs say they heard rumors that CPA Order 17, and the consequent lawless behavior of some security contractors, may have been the motivation behind the kidnappings.

Circuit Judge Reinhardt:

The more troubling and painful question is what the role of our government should be if and when terrorist groups like ISIS or Al Queda capture an American citizen and hold him hostage, and whether the government may, or should, impose any limitation on the rights of the citizen’s family or friends to communicate with that group or pay a ransom. It is significant that the government has told this court that currently there are no policies preventing private individuals from making efforts to secure the release of relatives who are held captive abroad. More important however from the standpoint of the legal rules that govern us, the parties bringing the action – relatives of contractors’ employees “brutally killed,” as Judge Fisher puts it, in the Middle East – seek no damages resulting from that policy but simply seek to have the policy declared unlawful. They ask that the government be enjoined from implementing the policy in the future. Again, even assuming that contrary to what the government tells us, such a policy exists, we cannot under well established legal rules render a decision that will be of no immediate benefit to the individuals bringing the lawsuit. Because the plaintiffs have no relatives currently in the Middle East, or currently in greater danger from terrorist groups than any of the rest of us, we again face only a hypothetical question – the kind that courts do not answer

Read in full online here or download the opinion in pdf file here.

 

Related item:

7 FAM 1820 Hostage Taking and Kidnapping (pdf)

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Post Evacuations FY2013, FY2014, Plus Consular Emergencies Funding Request for FY2016

 

The Crisis Management Training office out of FSI has a running tally of posts evacuated in the last two decades but it’s not available to the public. The 2016 budget justification for USAID and the State Department does include a list of posts that went on evac status in FY2013 and FY2014. I think I’ve covered all the post evacution on this list except for the one in Los Cabos, Mexico (how did I miss that?)

Also note that in June 2014, Embassy Baghdad personnel were “temporarily relocated” both to the  Consulate Generals in Basra and Erbil and to the Iraq Support Unit in Amman, Jordan but that personnel movement does not appear to be considered an “evacuation.” Might that be because Iraq constitute a different/separate congressional funding request?

Fiscal Year 2013 Evacuations (October 2012-September 2013)

  1. Adana, Turkey
  2. Algiers, Algeria
  3. Bamako, Mali
  4. Bangui, Central African Republic
  5. Beirut, Lebanon
  6. Cairo, Egypt
  7. Lahore, Pakistan
  8. Niamey, Niger
  9. Sanaa, Yemen
  10. Tripoli, Libya

Fiscal Year 2014 Evacuations (October 2013-September 2014)

  1. Juba, South Sudan
  2. Kyiv, Ukraine
  3. Tripoli, Libya
  4. Monrovia, Liberia
  5. Freetown, Sierra Leone
  6. Maseru, Lesotho
  7. Sanaa, Yemen
  8. Los Cabos, Mexico

Extracted from the 2016 budget request for USAID and the State Department:

EDCS funding is heavily influenced by unpredictable evacuations that may occur as a result of natural disasters, epidemics, terrorist acts, and civil unrest. Recent demands include Sierra time Leone’s Ebola-related emergency evacuation and the evacuation of the embassy in Ukraine due to the ongoing conflict.

Screen Shot 2015-02-05

EDCS also funds certain activities relating to the conduct of foreign affairs by senior Administration officials. These activities generally take place in connection with the U.S. hosting of U.S. Government-sponsored conferences, such as the UN and OAS General Assemblies, the G-20 Summit, the Nuclear Security Summit, the U.S.-China Strategic and Economic Dialogue, the Asian-Pacific Economic (APEC) Summit, and the NATO Summit. In FY 2014, the U.S. hosted the U.S. – Africa Leaders’ Summit. In FY 2015, the U.S. will begin the two-year Chairmanship of the Arctic Council. In FY 2016, the Department will host the Nuclear Security Summit.

Other EDCS activities include presidential, vice presidential, and congressional delegation travel overseas; official visits and official gifts for foreign dignitaries; representation requirements of senior Department officials; rewards for information on international terrorism, narcotics trafficking, transnational organized crime, and war crimes; as well as the expansion of publicity efforts.

 

Congressional Research Service Reports and Briefs – October 2014

via state.gov

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

* * *

The Global Coalition to Degrade and Defeat ISIL Gets a Couple New Websites

– Domani Spero

 

Last Friday, the State Department announced a couple new websites for the Global Coalition to Degrade and Defeat ISIL out of State and DOD.   Via Foggy Bottom’s official spox:

“This webpage has the most up-to-date public information about the coalition, including the latest stats on members and their public support for coalition efforts. Our colleagues at DOD have today also launched their website, defense.gov/counter-ISIL, which has up-to-the-minute information about the military line of this coalition effort, targeting – targeted operations against ISIL terrorists and infrastructure.”

Screen Shot 2014-10-06

The website includes a list of “over 60 coalition partners” who apparently  “have committed themselves to the goals of eliminating the threat posed by ISIL and have already contributed in various capacities to the effort to combat ISIL in Iraq, the region and beyond.”  The list is long, but short on specifics on what exactly each of this coalition partner is willing to do/or currently or in the future is doing in the fight to “degrade and defeat ISIL” (what happened to destroy?). It sounds like everybody wants to fly their planes for bombing strikes.  But we were listening with our bad ears, so who knows.

Screen Shot 2014-10-06

One notable exception. The new website mentions “a critical contribution of $500 million by Saudi Arabia to the humanitarian response in Iraq, [that] have been essential.” On October 7, media reports say that Vice President Biden apologized to a top Saudi official for his remarks suggesting that key U.S. allies destabilized Syria by sending arms and money to extremists. “The Turks … the Saudis, the Emiratis, etc.” Uh-oh!

And — since this is officially a war, even if Congress did not have the guts to debate this, we’ve got to give this a name. We had GWOT, but that term had fallen out of favor, so we really need a new name for this war against ISIL.

Below is an F/A-18C Hornet attached to Strike Fighter Squadron 87 prepares to launch from the flight deck of the aircraft carrier USS George H.W. Bush in the Persian Gulf to conduct strike missions against Islamic State of Iraq (ISIL) targets, Sept. 23, 2014. Check out DOD’s website on Targeted Operations Against ISIL.

U.S. Navy photo by Petty Officer 3rd Class Robert Burck

U.S. Navy photo by Petty Officer 3rd Class Robert Burck

 

DOD’s website looks more fleshed out than the State Department’s but makes one wonder why each needed a separate website. This is a united, interagency effort of the U.S. Government with coalition partners, is it not?  Is the FBI going to roll out its own Targeted Operations Against ISIS inside the United States separately for those wanna-be jihadists, too?  Is DHS/ICE  going to have a separate one for its Targeted Operations Against ISIL in all our border crossings and what is DHS/TSA’s plans for the jihadists returning home from their vacations abroad?

Speaking of Iraq — and we apologize in advance if you fall off your chair — here is Foggy Bottom’s clip of the day:

 

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Secretary Kerry Swears In Ambassador-Designate to Iraq Stuart Jones (Photo with Iraq Team)

– Domani Spero

 

Secretary Kerry Poses for a Photo With General Allen, Ambassador Jones, Assistant Secretary Patterson, and Deputy Assistant Secretary McGurk at Ambassador Jones' Swearing-in Ceremony  From left to right, General John Allen, U.S. Secretary of State John Kerry, U.S. Ambassador-designate to Iraq Stuart Jones, Assistant Secretary of State for Near Eastern Affairs Anne Patterson, and Deputy Assistant Secretary of State for Near Eastern Affairs Brett McGurk pose for a photo at the swearing-in ceremony for Ambassador Jones at the U.S. Department of State in Washington, D.C., on September 17, 2014. [State Department photo/ Public Domain]

Secretary Kerry Poses for a Photo With General Allen, Ambassador Jones, Assistant Secretary Patterson, and Deputy Assistant Secretary McGurk at Ambassador Jones’ Swearing-in Ceremony
From left to right, General John Allen, U.S. Secretary of State John Kerry, U.S. Ambassador-designate to Iraq Stuart Jones, Assistant Secretary of State for Near Eastern Affairs Anne Patterson, and Deputy Assistant Secretary of State for Near Eastern Affairs Brett McGurk pose for a photo at the swearing-in ceremony for Ambassador Jones at the U.S. Department of State in Washington, D.C., on September 17, 2014. [State Department photo/ Public Domain]

As of this writing, Embassy Baghdad’s website is still showing Robert Stephen Beecroft as the U.S. ambassador to Iraq.  Ambassador Beecroft was confirmed by the U.S. Senate as the next ambassador to Cairo on June 26, 2014.

Prior to his appointment to Baghdad, Ambassador Jones was the COM at the US Embassy in Jordan. President Obama announced his nomination on May 8, 2014. He was confirmed by the Senate together with Ambassador Beecroft on June 26, 2014. The WH released the following brief bio at that time:

Ambassador Stuart E. Jones, a career member of the Foreign Service, Class of Career Minister, is currently the U.S. Ambassador to the Hashemite Kingdom of Jordan, a position he has held since 2011.  Ambassador Jones previously served in Iraq as Deputy Chief of Mission in Baghdad from 2010 to 2011 and as Governorate Coordinator for Al Anbar Province in 2004.  He was Director for Iraq on the National Security Council staff from 2004 to 2005.  Ambassador Jones served as Deputy Assistant Secretary of State in the Bureau of European and Eurasian Affairs at the Department of State from 2008 to 2010.  Prior to this, he was Deputy Chief of Mission at the U.S. Embassy in Cairo, Egypt from 2005 to 2008.  Ambassador Jones served as Political Counselor in Ankara, Turkey from 2000 to 2002, and Principal Officer in Adana, Turkey from 1997 to 2000.  He served as Legal Advisor at the U.S. Embassy in San Salvador, El Salvador from 1990 to 1992 and as Consular Officer in Bogota, Colombia from 1988 to 1989.  At the Department of State, he served as Deputy Director for European Regional Political Military Affairs and as Desk Officer for Serbia.  Ambassador Jones also was the Executive Assistant to the Permanent Representative of the United States to the United Nations from 1994 to 1996.  He received an A.B. from Duke University and a J.D. from the University of Pennsylvania.

-Jones, Stuart E – Republic of Iraq – 05-2014

Secretary Kerry’s top Iraq team members also joined Ambassador Jones’ swearing-in ceremony.  On September 13, 2014, the State Department announced the appointment of General John Allen as the Special Presidential Envoy for the Global Coalition to Counter ISIL with Deputy Assistant Secretary of State Brett McGurk as his deputy senior envoy with the rank of Ambassador.

The United States has asked one of our most respected and experienced military experts, General John Allen, to join the State Department to serve as Special Presidential Envoy for the Global Coalition to Counter ISIL. In this role, General Allen will help build and sustain the coalition so it can operate across multiple lines of effort in order to degrade and ultimately destroy ISIL. General Allen is a patriot and a remarkable leader. His extraordinary career in the military speaks for itself. Whether as the top commander of NATO’s ISAF forces in Afghanistan during a critical period from 2011-2013, or as a deputy commander in Anbar during the Sunni awakening, or as a thinker, scholar, and teacher at the U.S. Naval Academy. And he has done significant public service out of uniform since he returned to civilian life. His commitment to country and to service has really been enduring.

Most recently we worked together very closely in designing new approaches to meet the long-term security needs of the state of Israel, and I could not be more pleased than to have General Allen coming on board now fulltime at the State Department.

He’ll be joined by a terrific team, including Deputy Assistant Secretary of State Brett McGurk, who will serve as General Allen’s deputy senior envoy with the rank of Ambassador. Not only has Brett been back and forth to Baghdad and Erbil almost every month this past year, but he has also spent a number of years over the past decade posted in Iraq as a top advisor to three different Ambassadors. Brett is one of our foremost experts on Iraq, and he will be integral to this effort’s success. Both General Allen and Ambassador McGurk will begin work immediately.

Hello SPE/GCCISIL! Not sure if this will be a separate office and how many staffers it will have.  The Special Envoys and Reps according to the official org chart report directly to the Secretary. As of this time, we could not locate General Allen in the organizational chart or the telephone directory. Ambassador McGurk (doesn’t he need confirmation?) is still listed as a DAS for Iran/Iraq.

* * *

 

 

 

 

 

Congressional Research Service (CRS) Reports and Briefs — Published August 2014

– Domani Spero

 

Note that some documents are web-accessible but most are in pdf formats.

-08/29/14   Latin America and the Caribbean: Key Issues for the 113th Congress  [598 Kb]
-08/29/14   Organization of American States: Background and Issues for Congress  [433 Kb]
-08/29/14   Special Immigrant Juveniles: In Brief  [317 Kb]
-08/29/14   Taiwan: Major U.S. Arms Sales Since 1990  [646 Kb]
-08/28/14   The “1033 Program,” Department of Defense Support to Law Enforcement  [234 Kb]
-08/28/14   The Islamic State in Syria and Iraq: A Possible Threat to Jordan? – CRS Insights  [84 Kb]
-08/28/14   Unaccompanied Children from Central America: Foreign Policy Considerations  [451 Kb]
-08/27/14   The New START Treaty: Central Limits and Key Provisions  [436 Kb]
-08/27/14   The Quadrennial Diplomacy and Development Review (QDDR)  [53 Kb]
-08/26/14   Conventional Prompt Global Strike and Long-Range Ballistic Missiles: Background and Issues  [452 Kb]
-08/26/14   NATO’s Wales Summit: Expected Outcomes and Key Challenges  [317 Kb]
-08/26/14   The 2014 Ebola Outbreak: International and U.S. Responses  [625 Kb]
-08/21/14   China’s Economic Rise: History, Trends, Challenges, and Implications for the United States  [646 Kb]
-08/20/14   Climate Change and Existing Law: A Survey of Legal Issues Past, Present, and Future  [514 Kb]
-08/20/14   The “Militarization” of Law Enforcement and the Department of Defense’s “1033 Program” – CRS Insights  [66 Kb]
-08/19/14   Cuba: U.S. Restrictions on Travel and Remittances  [504 Kb]
-08/19/14   Iran Sanctions  [709 Kb]
-08/15/14   Domestic Terrorism Appears to Be Reemerging as a Priority at the Department of Justice – CRS Insights  [97 Kb]
-08/15/14   Latin America: Terrorism Issues  [530 Kb]
-08/15/14   Manufacturing Nuclear Weapon “Pits”: A Decisionmaking Approach to Congress [656 Kb]
-08/15/14   Same-Sex Marriage: A Legal Background After United v. Windsor  [234 Kb]
-08/15/14   State, Foreign Operations, and Related Programs: FY2015 Budget and Appropriations  [558 Kb]
-08/14/14   The U.S. Military Presence in Okinawa and Futenma Base Controversy  [654 Kb]
-08/13/14   U.S. – Vietnam Economic and Trade Relations: Issues for the 113th Congress  [408 Kb]
-08/12/14   Iraq: Politics, Governance, and Human Rights  [497 Kb]
-08/08/14   Ebola: 2014 Outbreak in West Africa – CRS In Focus  [243 Kb]
-08/08/14   Iraq Crisis and U.S. Policy  [578 Kb]
-08/08/14   U.S. – Vietnam Nuclear Cooperation Agreement: Issues for Congress  [336 Kb]
-08/07/14   Guatemala: Political, Security, and Socio-Economic Conditions and U.S. Relations [449 Kb]
-08/07/14   India’s New Government and Implications for U.S. Interests  [310 Kb]
-08/07/14   Reducing the Budget Deficit: Overview of Policy Issues  [410 Kb]
-08/07/14   U.S. – EU Cooperation on Ukraine and Russia – CRS Insights  [135 Kb]
-08/06/14   2014 Quadrennial Homeland Security Review: Evolution of Strategic Review – CRS Insights  [243 Kb]
-08/05/14   China Naval Modernization: Implications for U.S. Navy Capabilities – Background and Issues for Congress  [4552 Kb]
-08/05/14   Maritime Territorial and Exclusive Economic Zone (EEZ) Disputes Involving China: Issues for Congress  [1348 Kb]
-08/05/14   Safe at Home? Letting Ebola-Stricken Americans Return – CRS Insights  [195 Kb]
-08/04/14   Indonesia’s 2014 Presidential Election – CRS Insights  [55 Kb]
-08/01/14   “Womenomics” in Japan: In Brief  [232 Kb]
-08/01/14   Gun Control Legislation in the 113th Congress  [539 Kb]
-08/01/14   Turkey: Background and U.S. Relations  [907 Kb] 

* * *

U.S. Relocates More Baghdad/Erbil Staff to Basrah and Amman (Jordan), Updates Aug. 8 Travel Warning

– Domani Spero

 

On June 15, 2014, the State Department went on partial “temporary relocation” of USG personnel in Embassy Baghdad to Basrah, Erbil and Amman, Jordan (see US Mission Iraq: Now on Partial “Temporary Relocation” To Basra, Erbil & Amman (Jordan)).

Today, the State Department issued an update to its August 8 Travel Warning for Iraq noting the departure of  a “limited” number of staff from our posts in Baghdad and Erbil to the Consulate General in Basrah and Amman, Jordan.

CIA map

Map via CIA.gov (click on image to see larger view)

The Department of State warns U.S. citizens against all but essential travel to Iraq.  Travel within Iraq remains dangerous given the security situation. The Embassy in Baghdad and the Consulate General in Erbil remain open and operating, but the Department of State has relocated a limited number of staff members from the Embassy in Baghdad and the Consulate General in Erbil to the Consulate General in Basrah and the Iraq Support Unit in Amman. The Embassy in Baghdad and the Consulate General in Erbil remain open and operating. This Travel Warning supersedes the Travel Warning dated August 8, 2014, to note the departure of some staff from the Consulate General in Erbil. The ability of the Embassy to respond to situations in which U.S. citizens face difficulty, including arrests, is extremely limited.

U.S. citizens in Iraq remain at high risk for kidnapping and terrorist violence.  Methods of attack have included roadside improvised explosive devices (IEDs), including explosively formed penetrators (EFPs); magnetic IEDs placed on vehicles; human and vehicle-borne IEDs; mines placed on or concealed near roads; mortars and rockets; and shootings using various direct fire weapons.  These and other attacks frequently occur in public gathering places, such as cafes, markets and other public venues.

Numerous insurgent groups, including ISIL, previously known as al-Qa’ida in Iraq, remain active and terrorist activity and violence persist in many areas of the country.  ISIL and its allies control Mosul, Iraq’s second largest city, and have captured significant territory across central Iraq and continue to engage with Iraqi security forces in that region.  In early August, the threat to the Iraqi Kurdistan Region (IKR) increased considerably with the advance of ISIL towards Kurdish areas.

Due to the potential of political protests and demonstrations to become violent, U.S. citizens in Iraq are strongly urged to avoid protests and large gatherings.

Read in full here.

Three days ago, President Obama ordered U.S. aircraft to drop humanitarian supplies to tens of thousands of Yezidi refugees fleeing the terrorists of the Islamic State of Iraq and the Levant in northern Iraq. The president also ordered U.S. combat aircraft to be ready to launch airstrikes to protect Americans in Erbil, Iraq.

On August 8, the Pentagon announced that at approximately 6:45 a.m. EDT, the U.S. military conducted a targeted airstrike against Islamic State of Iraq and the Levant (ISIL) terrorists.

Two F/A-18 aircraft dropped 500-pound laser-guided bombs on a mobile artillery piece near Erbil. ISIL was using this artillery to shell Kurdish forces defending Erbil where U.S. personnel are located. The decision to strike was made by the U.S. Central Command commander under authorization granted him by the commander in chief. As the president made clear, the United States military will continue to take direct action against ISIL when they threaten our personnel and facilities. 

Pentagon releases indicate that to date, U.S. military aircraft have delivered more than 52,000 meals and more than 10,600 gallons of fresh drinking water to the displaced Yezidis seeking refuge from ISIL on the mountain.

USCG Erbil which remains open is headed by Joseph Pennington, a career member of the Senior Foreign Service who assumed his duties as Consul General in Erbil in July 2013.  Prior to his arrival in Erbil, Mr. Pennington served as Deputy Chief of Mission at the U.S. Embassy in Prague, Czech Republic (2010-13) and held the same position in Yerevan, Armenia (2007-10).

USCG Basrah is headed by Matthias Mitman, a career member of the Senior Foreign Service who assumed post as Consul General in Basrah in September 2013.  He previously served as the Deputy Chief of Mission (DCM) at the U.S. Embassy in Tegucigalpa, Honduras from 2011-2013 and as the Minister Counselor for Economic Affairs at the U.S. Embassy in Moscow from 2009-2011. He was the Director for Iraq at the National Security Council from 2006-2008 with responsibility for U.S. economic policy in Iraq and international engagement.  Before joining the NSC staff, Mr. Matthias was assigned to U.S. Embassy Baghdad as Senior Economic Advisor.

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Confirmations: Stuart Jones (Iraq), Robert Beecroft (Egypt), Thomas P. Kelly III (Djibouti

– Domani Spero

 

 

That did not take long.  On June 25, the SFRC cleared President Obama’s nominees for Iraq and Egypt.  Today, the U.S. Senate confirmed the nominees for those two posts:

Stuart E. Jones, of Virginia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iraq; Confirmed: 93-0

Robert Stephen Beecroft, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Arab Republic of Egypt (voice vote)

Yesterday, the Senate also confirmed the nomination of our next ambassador to Djibouti:

Thomas P. Kelly III, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Djibouti.

 

* * *

US Embassy Kenya: Also “Relocating” Staff to Other Countries #NotAnEvacuationEither

– Domani Spero

 

At the Daily Press Briefing on June 16, 2014, the State Department spox said this about the relocation of Embassy Baghdad personnel to Basra, Erbil and Amman Jordan (US Mission Iraq: Now on Partial “Temporary Relocation” To Basra, Erbil & Amman (Jordan):

QUESTION: Would you call this an evacuation?

MS. PSAKI: No, we would not.

QUESTION: Is it just a chance to have some members of the embassy work remotely?

MS. PSAKI: It is a situation, Lucas, where we evaluate the security and – on the ground. And at our posts and embassies around the world we made a decision that the right step here was to relocate some of our staff to other parts of Iraq and to a supporting neighboring country and so that’s the step we took and that’s why we took it.

QUESTION: And —

QUESTION: (Inaudible.)

QUESTION: — hold on. Just to follow up —

MS. PSAKI: But let me reiterate one thing: Our embassy staff and our embassy is open and operating. Our diplomatic team at the highest levels is engaged closely with the Iraqis and that will continue.

QUESTION: But it just has a fifth of the amount of personnel as it did before.

MS. PSAKI: I’m not going to get into specific numbers, but again, a range of these employees are temporarily relocating – temporarily – to some other areas in Iraq, and again a close neighboring country.

A landing craft air cushioned assigned to Beach Master Unit 1 arrives to offload vehicles supporting a mock embassy evacuation during Rim of the Pacific 2008. RIMPAC is the world's largest multinational exercise and is scheduled biennially by the U.S. Pacific Fleet. Participants include the United States, Australia, Canada, Chile, Japan, the Netherlands, Peru, Republic of Korea, Singapore, and the United Kingdom. Photo by Petty Officer 2nd Class Walter Pels

MOCK EMBASSY EVACUATION | A landing craft air cushioned assigned to Beach Master Unit 1 arrives to offload vehicles supporting a mock embassy evacuation during Rim of the Pacific 2008. RIMPAC is the world’s largest multinational exercise and is scheduled biennially by the U.S. Pacific Fleet. Participants include the United States, Australia, Canada, Chile, Japan, the Netherlands, Peru, Republic of Korea, Singapore, and the United Kingdom.
Photo by Petty Officer 2nd Class Walter Pels

 

Today, the State Department issued a new Travel Warning for Kenya. It further announced that the Embassy is “relocating some staff to other countries” but that “the Embassy will remain open for normal operations.”  The relocation is not specifically called “authorized” or “ordered” departure.  The announcement only says “some staff”and it is not clear whether these are family members or non-essential personnel they are evacuating relocating.  We take it this is not considered an evacuation either?  Is this a new trend? When can we see this in the DSSR? (Also see US Embassy Kenya: Isn’t That Travel Warning Odd or What?).

The U.S. Department of State warns U.S. citizens of the risks of travel to Kenya.  The U.S. Department of State warns U.S. citizens of the risks of travel to Kenya.  U.S. citizens in Kenya, and those considering travel to Kenya, should evaluate their personal security situation in light of continuing and recently heightened threats from terrorism and the high rate of violent crime in some areas.  Due to the terrorist attack on June 15 in Mpeketoni, in Lamu County, the U.S. Embassy instituted restrictions on U.S. government personnel travel to all coastal counties – Mombasa, Kwale, Kilifi, Lamu, and the coastal portion only of Tana River County.

Based on the recent changes in Kenya’s security situation, the Embassy is also relocating some staff to other countries.  However, the Embassy will remain open for normal operations.  This replaces the Travel Warning of May 17, 2014, to update information about embassy staffing and current travel recommendations.

The U.S. government continues to receive information about potential terrorist threats aimed at U.S., Western, and Kenyan interests in Kenya, including the Nairobi area and the coastal cities of Mombasa and Diani. Terrorist acts can include suicide operations, bombings – to include car bombings – kidnappings, attacks on civil aviation, and attacks on maritime vessels in or near Kenyan ports.  Although the pursuit of those responsible for previous terrorist activities continues, many of those involved remain at large and still operate in the region.  Travelers should consult the Worldwide Caution for further information and details.

Read in full here.

We should note that the State Department’s Family Liaison Office does not have any current guidance for employees on temporary relocation due to an official non-evacuation.

Makes one wonder how these employees on temporary relocation are assisted by the government. Were they all issued TDY orders to other countries? Were they sent on early R&Rs?  How about their family members?

See — an evacuation status is authorized by the Under Secretary of State for Management in 30-day increments, up to a maximum of 180 days, per DSSR 623f.  When an evacuation is declared, a Subsistence Expense Allowance (SEA) is given to official evacuees.  “Transitional separate maintenance allowance” TSMA is also granted to assist employees with additional costs they incur when their family members are required to occupy temporary commercial housing while establishing permanent housing in the U.S. following an evacuation and the conversion of the post to an unaccompanied status.

If this is in fact a “temporary relocation” with staffers sent on TDYs,there would be no evacuation orders, and there would be no evacuation allowances paid to staffers or family members relocated to other countries. The 180-day clock will not starting running.

If this is called a “temporary relocation” but staffers and/or family members are issued evac orders, granted evacuation allowances and the 180 day clock is on, then this is in fact an evacuation even if it’s not called that; and we’ll need a new State Department dictionary.

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