Category Archives: Leaks|Controversies

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

– Domani Spero

 

AP’s Matt Lee revisited the question of Raymond Maxwell’s Benghazi-related allegations during the September 16 Daily Press Briefing with State Department deputy spox, Marie Harf.

Here is the short version:

Screen Shot 2014-09-16 at 5.54.23 PM

 

Below is the video clip followed by an excerpt from the transcript where the official spox of the State Department called the allegations of one of its former top officials “a crazy conspiracy theory about people squirreling away things in some basement office and keeping them secret.” Crazy. Conspiracy. Of course!  Now stop asking silly questions and go home.

Over 20 years of service in the Navy and the diplomatic service and his allegation is reduced to a sound bite.  Mr. Maxwell is lucky he’s retired, or he would have been made to work, what was it, as a telecommuter?  Pay attention, there’s a lesson here somewhere.

In The American Conservative today, Peter Van Buren writes:

Maxwell impresses as a State Department archetype, dedicated to the insular institution, apolitical to the point of frustration to an outsider, but shocked when he found his loyalty was not returned.

He has revealed what he knows only two years after the fact. People will say he is out for revenge. But I don’t think that’s the case. As a State Department whistleblower who experienced how the Department treats such people, I know it’s not a position anyone wants to be in.
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You don’t just wake up one morning and decide to turn your own life, and that of your family, upside down, risking financial ruin, public shaming, and possibly jail time. It is a process, not an event.

 

 

 

QUESTION: You wouldn’t – you would probably disagree, but anyway, this has to do with what Ray Maxwell said about the AR – the preparation to the documents for the – for submission to the ARB. You said yesterday that his claims as published were without merit and showed a – I think you said lack of understanding of the process, how it functioned.

MS. HARF: How the ARB functioned, a complete lack of understanding, I think I said.

QUESTION: Complete lack of understanding, okay.

MS. HARF: Not just a partial lack of understanding.

QUESTION: Okay. So what was it that – presuming he’s not making this story up about coming into the jogger’s entrance and going to this room where – I mean, I presume there’s nothing really sinister about collecting documents for the – for whatever purpose, but it –

MS. HARF: There may have been a room with documents –

QUESTION: Right.

MS. HARF: — being collected and – yes.

QUESTION: Okay. So what did he see if he did not see –

MS. HARF: I have no idea what he saw.

QUESTION: Was there, that you’re aware of – and I recognize that you were not here at the time and this was a previous Secretary and a previous Secretary’s staff, likely all of them previous although I don’t know that to be true, so you may not know. But I would expect that you have asked them for their account of what happened.

MS. HARF: Okay.

QUESTION: So was there some kind of an effort by member – that you’re aware of or – let me start again. Was there some kind of effort by State Department officials to separate out or scrub down documents related to the – to Benghazi into piles that were – did not – piles into – into piles that were separated by whether they made the seventh floor look – appear in a bad light or not? I’m sorry. I’m not – asking this in a very roundabout way. Were there –

MS. HARF: It’s okay, and we’re – and he was referring, I think, to the ARB process. Is that right?

QUESTION: Correct.

MS. HARF: Yeah.

QUESTION: Did people involved in preparing the documents for the ARB separate documents into stuff that was just whatever and then things that they thought were – made people on the seventh floor, including the Secretary, look bad?

MS. HARF: Not to my knowledge, Matt, at all. The ARB had full and unfettered access and direct access to State Department employees and documents. The ARB’s co-chairs, Ambassador Pickering and Admiral Mullen, have both repeated several times that they had unfettered access to all the information they needed. So the ARB had complete authority to reach out independently and directly to people. Employees had complete authority to reach out directly to the ARB. And they’ve said themselves they had unfettered access, so I have no idea what prompted this somewhat interesting accounting of what someone thinks they may have seen or is now saying they saw.

But the ARB has been clear, the ARB’s co-chairs have been clear that they had unfettered access, and I am saying that they did have full and direct access to State Department employees and documents.

QUESTION: Could they – could a group of people operating in this room in preparing for the ARB to look at the documents – could a group of people have been able to segregate some documents and keep the ARB from knowing about them –

MS. HARF: No.

QUESTION: — or seeing them?

MS. HARF: Not to my knowledge.

QUESTION: So it’s –

MS. HARF: The ARB, again, has said – and everything I’ve talked to everybody about – that they had unfettered access to what they needed.

QUESTION: Well, yeah, but you can’t need what you don’t know about, kind of, right? Do you understand what – see what –

MS. HARF: The ARB had full and direct access –

QUESTION: So they got to see –

MS. HARF: — to State Department employees and documents.

QUESTION: So there were no documents that were separated out and kept from the ARB that you – but you –

MS. HARF: Not that I’ve ever heard of, not that I know of. I know what I know about the ARB’s access. We have talked about this repeatedly.

QUESTION: Okay.

MS. HARF: And I don’t know how much clearer I can make this. I think, as there often are with Benghazi, a number of conspiracy theories out there being perpetrated by certain people. Who knows why, but I know the facts as I know them, and I will keep repeating them every day until I stop getting asked.

QUESTION: Okay. And does this apply to documents that were being collected in response to requests from Congress?

MS. HARF: Well, it’s a different process, right. It was a different process. And obviously, we’ve produced documents to Congress on a rolling basis. Part of that – because it’s for a different purpose.

QUESTION: Well, who – what was this group – well, this group of people in the – at the jogger’s entrance –

MS. HARF: In the – I love this – sounds like some sort of movie. Yes.

QUESTION: Well, whatever it sounds like, I don’t know, but I mean, we happen to know that there was an office that was set up to deal with this, understandably so because it required a lot of effort.

MS. HARF: Correct.

QUESTION: But that room or whatever it was, that office was only dealing with stuff for the ARB?

MS. HARF: I can check if people sat in the same office, but there are two different processes. There’s the ARB process for how they got their documents. There’s the Congressional process –we’ve been producing documents to them on a rolling basis –

QUESTION: I understand.

MS. HARF: — part of which in that process is coordinating with other agencies who may have equities in the documents, who may have employees who are on the documents. So that’s just a separate process.

QUESTION: Okay. So the people in that office were not doing anything with the Congress; they were focused mainly on the ARB?

MS. HARF: I can see who actually sat in that office. I don’t know. But what we’re focused on is the process, right, and the ARB had full and direct access to State Department employees and documents. The congressional process – as you know, we have been producing documents to Congress on a rolling basis –

QUESTION: Well, I guess that this mainly relates to the –

MS. HARF: — and there’s just different equities there.

QUESTION: This – the allegation, I think, applies to the ARB. But you are saying –

MS. HARF: Right, and I’m talking about the ARB.

QUESTION: — that it is impossible for a group of people to collect a stack of documents that say something that they don’t like and secret them away or destroy them somehow so that the ARB couldn’t get to them? Is that what you’re saying? It’s impossible for that to happen?

MS. HARF: I’m saying I wasn’t here then. What I know from talking to people here who were is that the ARB had full and direct access to State Department employees and documents.

QUESTION: Okay, but that doesn’t answer the question of whether there wasn’t –

MS. HARF: It does answer the question. (Laughter.)

QUESTION: Well – no, no, no, no. No, no, no. One of his allegations is that there were people who were separating out documents that would make the Secretary and others –

MS. HARF: So that the ARB didn’t have access to them.

QUESTION: Right, but – that put them in a bad light.

MS. HARF: But I’m saying they had access to everything.

QUESTION: Okay. But –

MS. HARF: So –

QUESTION: — do you know even –

MS. HARF: — I’m responding.

QUESTION: But even if it would’ve been impossible for them to keep these things secret, was there a collection of –

MS. HARF: This is a crazy conspiracy theory about people squirreling away things in some basement office and keeping them secret. The ARB had unfettered access.

QUESTION: Okay. I mean, Marie, I appreciate the fact that you’re taking that line. But I mean, there is a select committee investigating it.

MS. HARF: Well, it happens to be true. And tomorrow there will be an open hearing on ARB implementation, where I’m sure all of this will be discussed with Assistant Secretary Greg Starr.

QUESTION: Okay. And they will have – they will get the same answers that you’ve just given here?

MS. HARF: Let’s all hope so.

QUESTION: All right.

MS. HARF: Yes, of course.

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Tomorrow’s News Today: This Week Could Potentially Be a Heck of a Mess!

– Domani Spero

 

 

The Googles tell me that For the Record is an investigative news magazine on TheBlaze. The show was created by Glenn Beck to “restore the truth” in journalism. We’ve never watched it but just so you know, the show is coming back this week.  It has released two three teasers on YouTube and Twitter; one on September 10, a second one on September 15 and another one on YouTube today.  All flashy clips alleging cover-ups and corruption in the State Department. If you’re an old time Foggy Bottom watcher, you will recognize many of the faces and the names. in these clips.

 

 

 

Here is one posted today on YouTube:

 

It appears from the short clips that this is related to the Richard Higbie case (see Higbie v. Kerry) and the still unresolved? non-public? ongoing? investigation on the CBS News allegations (see CBS News: Possible State Dept Cover-Ups on Sex, Drugs, Hookers — Why the “Missing Firewall” Was a Big Deal).

In November last year, the OIG told us that “the eight cases to which you referred continue to be under review.”

This past spring, we’ve revisited this investigation without much success. (see Murders in Juárez …. And What About That State/OIG Report on Diplomatic Security?). Also  State/OIG Is Hiring! One Senior Investigative Counsel Wanted for Complex/Sensitive Allegations and State/OIG Files Report to Congress, Wassup With the In-Depth Review Over CBS News Allegations?

Today, State/OIG told us that as per OIG policy, the office has no comments to make on the status of any possible, pending, on-going or future investigation.

So upfront we must tell you that we don’t know the disposition of these investigations. What we know is that the show will go on tomorrow, September 17 at 8 pm. Due to the titillating and salacious contents of the CBS allegations, we suspect that this will attract enough eyeballs to make it to next day’s news cycle.

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State Department Denies Raymond Maxwell’s Document Scrub Allegations. Peeeeriod!!!!

Domani Spero

 

We did a blog post yesterday on former NEA Deputy Assistant Secretary of State Raymond Maxwell and Benghazi (see Former State Dept DAS Raymond Maxwell Alleges Benghazi Document Scrub Pre-ARB Investigation).

A Fox News report cited State Department spokesman Alec Gerlach denying the allegations:

“That allegation is totally without merit. It doesn’t remotely reflect the way the ARB actually obtained information,” he said in an email. He explained that an “all-points bulletin”-type request went out department-wide instructing “full and prompt cooperation” for anyone contacted by the ARB, and urging anyone with “relevant information” to contact the board. 

“So individuals with information were reaching out proactively to the Board. And, the ARB was also directly engaged with individuals and the Department’s bureaus and offices to request information and pull on whichever threads it chose to. The range of sources that the ARB’s investigation drew on would have made it impossible for anyone outside of the ARB to control its access to information,” Gerlach said. He further noted that the leaders of the ARB have claimed they had unfettered access to information and people. 

Looks like that’s the press guidance.  Below is a clip of  the Deputy Spokesperson of the State Department, Marie Harf, responding to a question on Maxwell’s allegations using similar words — full indirect access, completely without merit, completely ill-informed, ARB co-chairs are of impeccable credentials, period. So she did not call the State Department’s former Deputy Assistant Secretary of State a liar, she just called him “completely uninformed.” Except that only one of the them was in that room.

Here is the text:

MS. HARF: The ARB had full and direct access to State Department employees and documents. Any accounts to the contrary, like that one you mentioned, are completely without merit, completely ill-informed. It was – these reports show a complete lack of understanding of how the ARB functioned. It collected its own documents directly from anybody in the Department. There was a Department-wide call for information to be given directly to the ARB; that’s what happened. The ARB’s co-chairs, Tom Pickering and Admiral Mike Mullen, both public servants of impeccable credentials, have both repeated several times that they had “unfettered access” to all the information they needed, period.

 

One could argue that until he was dragged into this Benghazi mess, Mr. Maxwell, a career diplomat of over 20 years was also a public servant of impeccable credentials.  One who initially did not even have access  to what was written about him in the classified report of ARB Benghazi.

Of course, as can be expected, the GOP is embracing this new revelation, and the Dems are simply shrugging this off as old news.  We know that Mr. Maxwell had a grievance case that was dismissed in June this year, we blogged about it. (See The Cautionary Tale of Raymond Maxwell: When the Bureaucracy Bites, Who Gets The Blame?).  But the allegation about this scrub had apparently surfaced about a year ago.  Rep. Jason Chaffetz, R-Utah, confirmed to FoxNews.com on Monday that Maxwell told him and other lawmakers the same story when they privately interviewed him last year about the attacks and their aftermath. Folks will question that because Mr. Chaffetz is not the most impartial individual to collaborate that story. But if there were Democrats present in that interview, would anyone be wiling to say anything, anyway?

Media Matters deployed its rapid response ninja calling Mr. Maxwell a “dubious source”:

Maxwell himself is a dubious source. He was placed on administrative leave after the Accountability Review Board’s investigation found a “lack of proactive leadership” and pointed specifically to Maxwell’s department, saying some officials in the Bureau of Near Eastern Affairs “showed a lack of ownership of Benghazi’s security issues.” A House Oversight Committee report released findings from the classified version of the ARB report, which revealed that the ARB’s board members “were troubled by the NEA DAS for Maghreb Affairs’ lack of leadership and engagement on staffing and security issues in Benghazi.”

 

Damn, where is that NEA DAS office for staffing and security issues in Benghazi here?

Extracted from DIPLOMATIC SECURITY | Overseas Facilities May Face Greater Risks Due to Gaps in Security-Related Activities, Standards, and Policies – GAO-14-655 June 2014 (click on image for larger view)

 

This will unfold with Raymond Maxwell either demonized or hailed a hero.   We don’t think he’s either; he’s just a dedicated public servant unfairly tainted by Benghazi who wants his good name back.  It looks like he’ll have to walk through fire before he gets a chance to do that.

We’ve heard about this document scrub allegation this past summer. We understand that there were others who were told about this incident last year. Some NEA folks reportedly also heard this story.

So why now?

Only Mr. Maxwell can answer that.  We hope he gets to tell his full story under oath before the Select Committee.

While we refused to see a conspiracy under every rug in Foggy Bottom, and we did not  support the creation of the Benghazi Select Committee, this changes it for us.

We just hope the Committee can keep its adult pants on and not turn the Benghazi hearings into a clownsport.

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Former State Dept DAS Raymond Maxwell Alleges Benghazi Document Scrub Pre-ARB Investigation

Domani Spero

 

Today via  Sharyl Attkisson of the Daily Signal:

As the House Select Committee on Benghazi prepares for its first hearing this week, a former State Department diplomat is coming forward with a startling allegation: Hillary Clinton confidants were part of an operation to “separate” damaging documents before they were turned over to the Accountability Review Board investigating security lapses surrounding the Sept. 11, 2012, terrorist attacks on the U.S. mission in Benghazi, Libya.

According to former Deputy Assistant Secretary Raymond Maxwell, the after-hours session took place over a weekend in a basement operations-type center at State Department headquarters in Washington, D.C.
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When he arrived, Maxwell says he observed boxes and stacks of documents. He says a State Department office director, whom Maxwell described as close to Clinton’s top advisers, was there. Though the office director technically worked for him, Maxwell says he wasn’t consulted about her weekend assignment.

“She told me, ‘Ray, we are to go through these stacks and pull out anything that might put anybody in the [Near Eastern Affairs] front office or the seventh floor in a bad light,’” says Maxwell. He says “seventh floor” was State Department shorthand for then-Secretary of State Clinton and her principal advisors.

“I asked her, ‘But isn’t that unethical?’ She responded, ‘Ray, those are our orders.’ ”

Continue reading, Benghazi Bombshell: Clinton State Department Official Reveals Details of Alleged Document Review. 

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A quick note: We’ve previously written about Raymond Maxwell in this blog; the latest was this oneThe Cautionary Tale of Raymond Maxwell: When the Bureaucracy Bites, Who Gets The Blame?  Last year, we also posted, with his permission,  his poem “Invitation“ in this blog.  (see Raymond Maxwell: Former Deputy Asst Secretary Removed Over Benghazi Pens a Poem

In Ms. Attkisson’s report, Mr. Maxwell criticizes the ARB for failing to interview key people at the White House, State Department and the CIA, including Secretary Clinton.  We actually see no point in the ARB interviewing Secretary Clinton, given that she tasked the ARB to do the investigation and that the report is submitted to her. The regs as it exist right now does not even require that the Secretary submits the actual report to Congress, only that the Secretary of State “report to the Congress on any program recommendations and the actions taken on them.”

12 FAM 036.3: 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 we’re not hung up on the fact that she was not interviewed  But who gets the actual ARB report is probably one more thing that Congress really do need to fix in the regs.

Mr. Maxwell also named other officials who allegedly were never interviewed by the ARB: 1) Deputy Secretary of State Thomas Nides, who managed department resources in Libya; 2) Assistant Secretary of State for Political Military Affairs Andrew Shapiro; and 3) White House National Security Council Director for Libya Ben Fishman.

ARB Benghazi in its public report never identified all the people it interviewed in the conduct of its investigation. ABB Kenya/Tanzania did that and the list is online.   We still cannot understand why those names in the Benghazi investigation are not public. What kind of accountability is it when we can’t even tell who the ARB investigators talked to? Redact the names of the CIA people if needed, but the names of those interviewed should be public unless there is a compelling security reason not to do so. There is an opportunity here for the State Department to declassify that part of ARB Benghazi’s report.

At the heart of this latest bombshell on Benghazi is that the weekend document session, according to Mr. Maxwell, was reportedly held “in the basement of the State Department’s Foggy Bottom headquarters in a room underneath the “jogger’s entrance.”

This would be the 21st Street entrance; and the room is underneath the jogger’s entrance [insert room number for prospective Foggy Bottom visitors].  We understand that FOIA has had offices there in the past but that most of the FOIA offices moved to SA-2.  Apparently, the only office the A organization chart shows to be in the Harry S. Truman basement are B2A61 the Facilities Managment Office and B258 the Office of General Services Management.  But which office is called the Emergency Management Operations Center?  Some media sites are already calling this the “boiler room operation.”

We have generally been disappointed with the Benghazi investigations.  The fact that it has become a political football to throw back and forth with all the offense and defense attendant of the game makes us cringe; even more so, every “new” book  or revelation gave us a sad.

But we think this one is a most serious allegation and cannot be swatted away by a  State Department spokesman simply calling the implication that documents were withheld “totally without merit.”  A State Department spokesman also told Ms. Attkisson that “it would have been impossible for anybody outside the Accountability Review Board (ARB) to control the flow of information because the board cultivated so many sources.” So, hypothetically, if folks scrubbed through the documents as alleged, then an instruction went down to IT to removed those docs from the system — that could not really happen, could it?

If this is not true, if no document scrub happened in the basement of the State Department as alleged by a former Deputy Assistant Secretary of State, then we’d like the agency spokesman to say so clearly and call out Mr. Maxwell on this.   Security access records should also indicate if these five individuals were at the State Department that weekend, when this alleged “review” took place.

So, let’s hear it people. But. Without the word salad, please.

In any case, now that this allegation is out in the open, the individuals named or positions cited in the Attkisson report are presumably candidates for an appearance before the Benghazi Select Committee:

1)  two officials, close confidants of Secretary Clinton (Congressman Chaffetz said that he was told then-Clinton Chief of Staff Cheryl Mills and Deputy Chief of Staff Jake Sullivan were there and overseeing the operation)

2) one office director (??? from NEA bureau)

3) one intern (??? about to become the second most famous intern in Wash, D.C.)

4) State Department ombudsman (Office of the Ombudsman – Ombudsman Shireen Dodson)

One entity not included in the report but potentially a candidate for an appearance in the Select Committee is the Office of the Inspector General. In September 2013, State/OIG under the then acting OIG issued a report on the “process by which Accountability Review Boards (ARB/Board) are established, staffed, supported, and conducted as well as the measures to track implementation of ARB recommendations.”

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USAID’s undercover Latin youth — whose brainchild is this, pray tell (video)

– Domani Spero

 

Read more here. Documents about this program is at http://apne.ws/UxJ05x.

Whose brainchild is this, pray tell.

Alan Gross, the  65-year-old American citizen mentioned in this article has been imprisoned in Cuba since 2009. His family has mounted a petition demanding Mr. Gross’ “immediate release” and  that “the Cuban and U.S. governments sit down and resolve Alan’s case.”

This morning, USAID released a statement about what it calls, the AP’s “sensational claims,”excerpt below:

Congress funds democracy programming in Cuba to empower Cubans to access more information and strengthen civil society. USAID makes information about its Cuba programs available publicly at foreignassistance.gov. This work is not secret, it is not covert, nor is it undercover. Instead, it is important to our mission to support universal values, end extreme poverty and promote resilient, democratic societies. Chief among those universal values are the right to speak freely, assemble and associate without fear, and freely elect political leaders. Sadly, the Cuban people and many others in the global community continue to be denied these basic rights.

One paragraph in the article captures the purpose of these and many civil society programs, which is to empower citizens to “tackle a community or social problem, win a ‘small victory’ and ultimately realize that they could be the masters of their own destiny.” But the story then goes on to make sensational claims against aid workers for supporting civil society programs and striving to give voice to these democratic aspirations. This is wrong.

USAID remains committed to balancing the realities of working in closed societies–particularly in places where we do not have a USAID mission and governments are hostile to U.S. assistance–with our commitment to transparency, and we continuously balance our commitment to transparency with the need for discretion in repressive environments. In the end, USAID’s goal is to continue to support democracy, governance and human rights activities in multiple settings, while providing the maximum transparency possible given the specific circumstances.

A couple of items from that USAID statement: 1)   “the Cuban people and many others in the global community,” does that mean this happened in Cuba and elsewhere?; 2) “with our commitment to transparency” — USAID’s Cuba programs data available publicly at foreignassistance.gov only covers FY2013 and 2014 and not the years covered by the AP report. USAID also would not tell the AP how much the Costa Rica-based program cost.

These young “aid workers” from Venezuela, Costa Rica and Peru sent to Cuba could have been arrested and jailed for 10 years for the work they did for USAID, and the agency would have been able to claim that these are not USG employees.  The US has not been able to effect the release of USAID contractor Alan Gross, would it be any more successful intervening for the release of foreign nationals who are not?  Also, the notion that you can run democracy promotion operations like this in certain parts of the world and that it will not have a dangerous blowback against USAID employees advancing development work in other parts of the world, is frankly, lunacy.

Does USAID have a scenario planned for what happens after a ‘Cuban Spring’unfolds in Cuba? Is it publicly available at fomentingchange.gov?

Just a reminder, the nominee for USAID OIG, in case you’re wondering has been waiting for Senate confirmation since July 2013 (see Officially In: Michael G. Carroll – From Deputy IG to USAID/OIG).

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US Embassy Ghana’s Errant Tweet Sparks Social Media Rumpus, Demo on July 25

– Domani Spero

 

 

Close to 300 Ghanians have now waded in on the US Embassy Accra’s FB page where there appears to be a competition between those who were offended (“It’s shameful to meddle in our domestic politics.”) and those who applauded the errant tweet.  One FB commenter writes, “I was very happy when I saw your reply to the president… Ghanaians support what you mistakenly posted on Twitter.” Another one added, “Why are [you] apologising? That question was legitimate and pls ask him again.”

SpyGhana.com reports that senior Ghanaian government officials including the National Youth Co-ordinator, Ras Mubarak and the Minister for Foreign Affairs, Hannah SerwaTetteh have reportedly demanded “an unqualified apology” from the Embassy. It also reports that on July 25, “hundreds of Ghanaians will stage a peaceful protest march on behalf of their government against the American Embassy in the country for launching an attack on a social media post by President John DramaniMahama.”

Apparently, some in the ruling National Democratic Congress (NDC) are now even calling for sanctions against Ambassador Gene A. Cretz and the embassy staff over that spectacular, albeit errant tweet containing 73 explosive characters:

“@JDMahama and what sacrifices are you making? Don’t tell me that pay cut.”

According to SpyGhana.com, the response was in reference to a much criticized decision by the Dramani administration of slashing the President and his ministers’ salaries by 10% to demonstrate their sacrifices as the country faces economic hardships while ignoring “other huge unconventional sources of funds.”

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The Cautionary Tale of Raymond Maxwell: When the Bureaucracy Bites, Who Gets The Blame?

– Domani Spero

 

Last week, we posted a Snapshot: State Dept Key Offices With Security and Related Admin Responsibilities and wondered why Raymond Maxwell’s former office as Deputy Assistant Secretary at the NEA Bureau did not get an organizational box. Our readers here may recall that Mr. Maxwell was one of the bureaucratic casualties of Benghazi.  Diplomatic Security officials Eric Boswell, Charlene Lamb, Steve Bultrowicz and NEA official, Raymond Maxwell were placed on paid administrative leave on December 19, 2012 following the release of the ARB Benghazi Report. On August 20, 2013, all four officials were ordered to return to duty. Mr. Maxwell officially retired from the State Department on November 30, 2013. Prior to his retirement he filed a grievance case with HR where it was denied and appealed the case to the Foreign Service Grievance Board where it was considered “moot and thus denied in its entirety.”

Our blog post last week, also received the following comment from Mr. Maxwell:

“[M]y grievance was found to have no merit by HR, and earlier this month, the FSGB found that the State Department made no errors in the way I was removed from my position, shamed and humiliated in the press, and placed on admin leave for nine months, Further, the FSGB found that I was not entitled to the public apology I sought in my grievance because I had retired. I have two options now. I can spend a great deal of money suing the Department in local courts, or I can let it go and move on with my life. My choice of the latter option neither erases the Department’s culpability in a poorly planned and shoddily executed damage control exercise, nor protects future foreign service officers from experiencing a similar fate. There is no expectation of due process for employees at State, no right to privacy, and no right to discovery.”

We spent the weekend hunting down Mr. Maxwell’s grievance case online; grievants’ names are redacted from the FSGB cases online. When we finally found it, we requested and was granted Mr. Maxwell’s permission to post it online.

The Maxwell case teaches us a few hard lessons from the bureaucracy and none of them any good. One, when you fight city hall, you eventually get the privilege to leave the premises. Two, when you’re run over by a truckload of crap, it’s best to play dead; when you don’t, a bigger truckload of crap is certain to run you over a second or third time to make sure you won’t know which crap to deal with first. But perhaps, the most disappointing lesson of all — all the good people involved in this shameful treatment of a public servant  — were just doing … just doing their jobs and playing their roles in the proper functioning of the service. No one stop and said, wait a minute …. They tell themselves this was such a  sad, sad case; they feel sorry for how “Ray” was treated. It’s like when stuff happens, or when it falls — se cayó. No one specific person made it happen; the Building made them do it. The deciding officials apparently thought, “This was not an easy matter with an easy and obvious resolution.” Here — have a drink, it’ll make you feel better about looking the other away.  See he was “fired” but he wasn’t really fired.  He was prevented from entering his old office, and then not really. Had he kept quiet and did not write those poems …who knows, ey …

We’re embedding two documents below –1) Maxwell’s FSGB case, also available online here (pdf); and 2) an excerpt from the Oversight Committee report that focused on Mr. Maxwell’s  alleged “fault” over Benghazi. Just pray that this never happens to you.

 

 

Below excerpted from the House Oversight Committee report on ARB Benghazi:

 

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U.S. Nabs Ahmed Abu Khatallah, Suspected Key Figure in 2012 Benghazi Attack

– Domani Spero

Big scoop via WaPo today:

U.S. Special Operations forces captured one of the suspected ringleaders of the terrorist attacks in Benghazi in a secret raid in Libya over the weekend, the first time one of the accused perpetrators of the 2012 assaults has been apprehended, according to U.S. officials.

The officials said Ahmed Abu Khattala was captured Sunday near Benghazi by American troops, working alongside the FBI, following months of planning, and was now in U.S. custody “in a secure location outside Libya.” The officials said there were no casualties in the operation, and that all U.S. personnel involved have safely left Libya.

Read in full: U.S. captures Benghazi suspect in secret raid.

The Pentagon Press Secretary Rear Admiral John Kirby also released the following statement:

 I can confirm that on Sunday, June 15 the U.S. Military — in cooperation with law enforcement personnel — captured Ahmed Abu Khatallah, a key figure in the attacks on U.S. facilities in Benghazi, Libya, in September 2012. He is in U.S. custody in a secure location outside of Libya. There were no civilian casualties related to this operation, and all U.S. personnel involved in the operation have safely departed Libya.

Below is a collection of tweets on Ahmed Abu Khattala, who apparently was not shy about giving interviews to the media in the past year or so:

 

Here is also a Reuters interview from 2012 —  Mystery deepens about US enemy No. 1 in Libya. Yesterday, a day after Khattala was captured,but before it was publicly released, there apparently was an ugly Benghazi panel over in D.C. WaPo’s Dana Milbank reports about that here. Politico wades in, also the Daily Beast here.

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Peter Spiro: Donor diplomats are embarrassing. Let’s get rid of them — Wait, What?

– Domani Spero

In 2009, David Rothkopf, a former Clinton deputy under secretary of commerce for international trade policy asked: “If a job is meaningless enough to be entrusted to someone who is unqualified to do it, do we really need to fill that post?”  Mr. Rothkopf is currently the CEO and Editor of the FP Group.  In an interview with NBC then, Mr. Rothkopf gave a two-pronged argument for nixing these posts: “First, if you can appoint someone who has no experience for the job, you can’t really value that job —someone else, who knows what’s going on, is doing the real work of the embassy; and Second, the job is outdated, created hundreds of years ago to bring sealed missives from one country to another.”

Now, Peter Spiro has written an op-ed against ambassadors.  He’s not even asking, he’s just giving it to you straight up — donor diplomats are embarrassing, get rid of them. Excerpt below:

For anyone looking to take a cheap shot at Washington, ambassadors are the gift that keeps on giving. In every administration — Republican or Democrat — individuals of no particular talent beyond their prodigious fundraising skills are picked and sent off to represent the United States in posh locales. Inevitably, some of them will manage to embarrass themselves, either before they leave or, worse, after they arrive.
[…]
Embassy appointments will be decoupled from patronage only after they are turned into less appealing prizes. And in many places, we don’t need ambassadors anymore at all. So here’s a modest proposal: Let’s just get rid of them.
[….]
So, how do we get rid of ambassadors? The drawdown should start with the posts coveted by incompetent fundraisers: Paris, London, Rome. Embassies in key friendly states do have visas to process and play some continuing role coordinating run-of-the-mine policy at the staff level. But the largely ceremonial function of the ambassador has become dispensable. Would our relationship with countries like the United Kingdom, France and Canada be damaged if no ambassador were in residence? Probably not. Ambassadors in those cushy posts are more in the business of cutting ribbons and hosting cocktail parties than toughing it out on the diplomatic front lines. Political ambassadors are like minor royalty — harmless, until they do something silly.

The top job in our European delegations could be rebranded as a minister position, a lower-ranked diplomatic status also recognized under international law. That’s what U.S. envoys were called until 1893, when Congress first authorized the appointment of ambassadors. Ambassador, on the other hand, is a title for life.

This is a tad extreme but would a rich car dealer be happy with a title for life that says “minister” instead of “ambassador?”  Maybe not, doesn’t come with the same dazzle dazzle. Read in full here.

Peter Spiro is the Charles R. Weiner Professor of Law at Temple University.   A former law clerk to Justice David H. Souter of the U.S. Supreme Court, Mr. Spiro specializes in international, immigration, and constitutional law. He is the author of “Beyond Citizenship: American Identity After Globalization.” (Oxford University Press 2008).  In the 1990’s, he was an attorney-adviser in the U.S. Department of State’s Office of the Legal Adviser.

We must note that any downgrade in positions for the political ambassadors, would similarly downgrade it for the career diplomats.  We imagine that this would not be a popular proposal for the professional diplomatic service.  It’s like, look this bathwater is dirty, let’s throw away the bath and the baby, too.  Of course, in Congress, there where things occasionally gets done, and where our politicians are already lining up for 2016, this would be double dead on arrival.

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State Dept on Ambo Nominees’ “Certificates of Documented Competency” — Working On It

– Domani Spero

The American Foreign Service Association was in the news yesterday after announcing that it will file a suit against the State Department if, by end of business day today, it does not get the certificates of demonstrated competence for ambassadorial nominees (see AFSA Threatens to Sue State Department Over Ambassadors Credentials, Again).

The topic made it to today’s Daily Press Briefing with the State Department spokesperson Jen Psaki answering questions about AFSA’s FOIA requests for these documents which were reportedly filed on July 29, 2013 and a second request filed on February 28, 2014.  Ms. Psaki refused to make a prediction of whether State would respond to AFSA’s request by the close of business today.

At about 3pm EST, ABC News tweeted that AFSA is giving the State Department until tomorrow morning to furnish the requested “Certificates of Documented Competency” for ambassador nominees.

When you look at that AFSA FOIA request delay of 7 months and a week, it might be useful to note that in FY2012, the State Department’s total requests in backlog is 10,464.   In fact, according to foia.gov, State has one of the highest backlogs, second only to DHS. In FY 2011, the average number of days to process a simple case was 156; for complex cases, 342. Some cases have been pending for 5 or 6 years (see State Dept FOIA Requests: Agency Ranks Second in Highest Backlog and Here’s Why).  The oldest pending request, as you can see below is 1,922 days.

Screen Shot 2014-03-06

Here is the short version of the March 6, 2014 DPB:

Screen Shot 2014-03-06

via Word It Out

Below is the long version from the March 6, 2014 DPB:

QUESTION: The American Foreign Service Association said yesterday that they were going to be filing suit against the State Department if, by end of business today, you don’t provide certificates of demonstrated competence for ambassadorial nominees. So I just wanted to know if you had any reaction to that.

MS. PSAKI: Sure. Well, AFSA submitted a FOIA request on July 29th 2013 to our website – this is just some details for all of you to be aware of – seeking certificates of a demonstrated competence for every ambassador from January 1st 2013 to the present. We receive, as many of you know, about 18,000 FOIA requests per year. Generally – we generally process requests on a first in, first out basis. So we’re currently actively processing the request in accordance with the statute and the Department’s regulations, which applies to the specific release they put out yesterday.

In terms of broadly speaking, obviously, in nominating ambassadors, we look – the Administration looks for qualified candidates who represent Americans from all walks of life and who show true zeal for serving their country, and we’ve received interest and recruited talented people from all across the country and all kinds of professional backgrounds, whether they are Foreign Service – well, that’s – they proceed through a different process, there, of course, but political appointees who may be from the business sector, who may be from a public service sector. We feel that this kind of diversity helps represent who we are and the United States around the world.

So long story short, we are reviewing their request. We process requests as they come in. Certainly we welcome the comments of anyone and views of anyone on these sorts of issues, but I think it’s important to remind everyone of what we look at when it comes to ambassadorial nominees.

QUESTION: Jen, they submitted this request in July? How many months ago?

QUESTION: January.

QUESTION: No, July 29th, she said.

QUESTION: I thought you said January.

MS. PSAKI: For every ambassador from January 20 –

QUESTION: Oh, sorry, sorry, sorry.

QUESTION: So how long should they expect to wait until you finish processing your request? And why should they even have to submit a FOIA request for this? Why wouldn’t you just – if they asked for it, why wouldn’t you just turn them over?

MS. PSAKI: They were asking for specific documents that are –

QUESTION: Right. But this is not an organization that has a questionable interest in this. It’s an organization that, in fact, represents – I mean, it is the – basically the union for Foreign Service officers, so it’s not really an outside party.

MS. PSAKI: Well, oftentimes, Matt, there’s a processing aspect that needs to take place with these requests, so –

QUESTION: Right, I’m sure that – I’m sure everyone is thrilled, everyone who’s ever filed a FOIA request to the State Department or any other government agency is thrilled, but I think that –

MS. PSAKI: There are many people who do. That’s part of the challenge in processing them.

QUESTION: Right. Okay, so you just threw this in the big pile, in the in-box with every single other request, even though they clearly have some – they have demonstrated interest in this subject. I don’t understand –

MS. PSAKI: I didn’t say we threw it in a pile, Matt.

QUESTION: Yeah, you did. You said you get 18,000 requests a year, so – and –

MS. PSAKI: We do. We process them.

QUESTION: So when they –

MS. PSAKI: But obviously, we’re working to review their request and see how we can meet it as quickly as possible.

QUESTION: But specifically they asked for it to be by the close of business tonight. Otherwise, they’re going to take their – take this to legal action.

MS. PSAKI: I understand that.

QUESTION: Are you saying that you will not be able to get it to them by end of day tonight?

MS. PSAKI: I’m not going to make a prediction of that. We’ll see what happens.

QUESTION: Just – can I have one –

MS. PSAKI: Sure.

QUESTION: Where – you are now processing this specific request, correct?

MS. PSAKI: Mm-hmm.

QUESTION: You’re actually looking at it and trying to satisfy it?

MS. PSAKI: Mm-hmm.

QUESTION: Okay. If you get 18,000 FOIA requests a year, what is the typical time lag for processing a request? Is it, as in this case, I guess, eight months or – is that typical or is it less, is it more?

MS. PSAKI: I don’t have any specific time breakdown for you. I’m happy to see if there’s anything like that we can provide.

QUESTION: And was this one –

MS. PSAKI: We’re – they’re about to start the press avail, but go ahead.

QUESTION: Okay. Was this one jumped to the front of the queue for any reason or no? It was processed –

MS. PSAKI: Well, there are cases where – and they asked for expedited processing, and some cases that question is asked. This didn’t satisfy the specific laid out standards for that, but we’re still working to see if we can process this as quickly as possible.

QUESTION: But it was not – was it jumped ahead or no? Or it –

MS. PSAKI: Well, we’re still working to see if we can process it as quickly as possible.

QUESTION: No, no, that’s not my question, though. My question is whether it got – I understand that they may have requested expedited processing –

MS. PSAKI: Mm-hmm.

QUESTION: — and did not – denied it because they don’t meet the standards, which happens to a lot of people.

MS. PSAKI: And at the same time, we’re still working to expedite – to process this as quickly as possible.

QUESTION: Right. Right. Right. No, but I’m sure you’re doing that with the other 17,199, right? I mean, the question is whether you are doing this faster.

MS. PSAKI: Specifically with this one, we are –

QUESTION: Yeah.

MS. PSAKI: — working to process it as quickly as possible.

QUESTION: But quicker than everything – others’ stuff?

MS. PSAKI: It doesn’t work in that exact way, but we’re working to process it as quickly as possible.

Ali.

QUESTION: And Jen, they said that – AFSA said that they also filed a second FOIA request on February 28th.

MS. PSAKI: Mm-hmm.

QUESTION: So did they express to you their – because I know there was discussion between counsels.

MS. PSAKI: Sure.

QUESTION: So was that part of the aspect, that they didn’t feel that the July request had been processed or addressed within a – expeditiously enough so that –

MS. PSAKI: You’d have to ask them that question. I’m not sure if they are basically about the same thing or not. So I’m happy to check, and you may want to check with them and see what the reason was for the second one.

QUESTION: These documents are – what they’re seeking or these certificates are not classified, are they?

MS. PSAKI: No, but they’re still internal files, and so obviously we go through a process –

QUESTION: Fair enough. But they’re for a very small number of people, 50. Do you have any idea how many pages one of these things is?

MS. PSAKI: Well, it’s every ambassadorial nominee for the last 14 months.

QUESTION: Right.

MS. PSAKI: So –

QUESTION: And how many – well, actually, it wouldn’t have been originally –

MS. PSAKI: 15?

QUESTION: No, because they filed it in July asking for every one that went back to January. So –

MS. PSAKI: But when you meet it, you’re abiding by what the FOIA request –

QUESTION: Fair enough. How many pages is one of these things?

MS. PSAKI: I don’t have a specific number of pages for you.

QUESTION: It seems to me like this is a very limited request from an organization that’s got a very, very important interest in this subject, and that frankly, they should, if they ask, should be allowed to see – without having to go to through the FOIA processing. Was there any – did – do you know – are you aware if they asked outside of FOIA to get this – to get these documents?

MS. PSAKI: They are closely engaged with our chief of staff and deputy secretary of state, and have a range of meetings. So I know that all of these issues have been discussed. In terms of this specific request, I can check if there’s anything we can share on that.

QUESTION: So in other words, you said no. They asked, you said no, you have to submit a FOIA? Is that –

MS. PSAKI: I’m not saying that’s how it all went down. I’m saying they have many channels for having discussions with people in the Administration. And if there’s more to share on whether they made this specific request outside of the FOIA request process, I’m happy to check into that.

QUESTION: Do you have any idea if there is a chance, even a remote chance, that the processing will be finished by 5 o’clock this afternoon?

MS. PSAKI: I’m not going to predict when it will be finished.

QUESTION: Well, I know, but –

MS. PSAKI: Obviously, we’re working to process it as quickly as possible.

QUESTION: I understand that. But is there a possibility that it could be done by 5 o’clock?

MS. PSAKI: There’s always a possibility.

QUESTION: There is. Okay.

QUESTION: How many nominees are we talking about? Have you got a figure?

MS. PSAKI: I don’t have a figure.

Well, then, tomorrow, maybe  — or we’ll wonder who’ll stop the rain …

 

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