Category Archives: Political Appointees

State/OIG Releases Investigation on CBS News Allegations: Prostitution as “Management Issues” Unless It’s Not

– Domani Spero

 

In June last year, CBS News’ John Miller reported that according to an internal State Department Inspector General’s memo, several recent investigations were influenced, manipulated, or simply called off at the State Department. The memo obtained by CBS News cited eight specific examples.

Memos showed that probes included allegations of:

  • A State Department security official in Beirut “engaged in sexual assaults” on foreign nationals hired as embassy guards
  • Members of former Secretary of State Hillary Clinton’s security detail “engaged prostitutes while on official trips in foreign countries” — a problem the report says was “endemic.”
  • An “underground drug ring” was operating near the U.S. Embassy in Baghdad and supplied State Department security contractors with drugs.
  • The case of a U.S. Ambassador who held a sensitive diplomatic post and was suspected of patronizing prostitutes in a public park.
  • Investigation into an ambassador who “routinely ditched … his protective security detail” and inspectors suspect this was in order to “solicit sexual favors from prostitutes.”
  • “We also uncovered several allegations of criminal wrongdoing in cases … some of which never became cases,” said Aurelia Fedenisn, a whistleblower and former investigator for the Inspector General.

You may revisit that CBS News report here. At that time, State/OIG told us that “On its own initiative, OIG’s Office on Investigations has been conducting an independent review of allegations referred to it by our Office of Inspections.” In a statement to CBS News, State/OIG also said about the investigation: “We staffed it independently and appropriately and they were people hired specific for this review at the end of 2012. They are on staff. We staffed it with the best people we can find at hand to do the job.”

We’ve blog about this previously:

Yesterday, State/OIG finally released its long-awaited report to this investigation, excerpt below:

The allegations initially related to eight, high-profile, internal investigations. [...]

In three of the eight internal investigations, OIG found that a combination of factors in each case created an appearance of undue influence and favoritism by Department management. The appearance of undue influence and favoritism is problematic because it risks undermining confidence in the integrity of the Department and its leaders.

This review assesses the Department’s handling of those eight investigations. OIG did not reinvestigate the underlying cases. In conducting this review, OIG interviewed Department employees, examined case files, and reviewed 19,000 emails culled from the Department’s electronic communications network. OIG’s findings are not necessarily indicative of systemic issues affecting all DS cases. However, they reveal issues with current Department policies and procedures that may have significant implications regarding actual or perceived undue influence.

Handling “management issues” relating to a U.S. Ambassador

OIG found that, based on the limited evidence collected by DS, the suspected misconduct by the Ambassador was not substantiated. DS management told OIG, in 2013, that the preliminary inquiry was appropriately halted because no further investigation was possible. OIG concluded, however, that additional evidence, confirming or refuting the suspected misconduct, could have been collected. For example, before the preliminary inquiry was halted, only one of multiple potential witnesses on the embassy’s security staff had been interviewed. Additionally, DS never interviewed the Ambassador and did not follow its usual investigative protocol of assigning an investigative case number to the matter or opening and keeping investigative case files.
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The Under Secretary of State for Management told OIG that he decided to handle the suspected incident as a “management issue” based on a disciplinary provision in the FAM that he had employed on prior occasions to address allegations of misconduct by Chiefs of Mission. The provision, applicable to Chiefs of Mission and other senior officials, states that when “exceptional circumstances” exist, the Under Secretary need not refer the suspected misconduct to OIG or DS for further investigation (as is otherwise required).2 In this instance, the Under Secretary cited as “exceptional circumstances” the fact that the Ambassador worked overseas.3 (underlined for emphasis)

DS managers told OIG that they viewed the Ambassador’s suspected misconduct as a “management issue” based on another FAM disciplinary provision applicable to lower-ranking employees. The provision permits treating misconduct allegations as a “management issue” when they are “relatively minor.”4 DS managers told OIG that they considered the allegations “relatively minor” and not involving criminal violations.

Office of the Legal Adviser staff told OIG that the FAM’s disciplinary provisions do not apply to Ambassadors who, as in this instance, are political appointees and are not members of the Foreign Service or the Civil Service.5

OIG questions the differing justifications offered and recommends that the Department promulgate clear and consistent protocols and procedures for the handling of allegations involving misconduct by Chiefs of Mission and other senior officials. Doing so should minimize the risk of (1) actual or perceived undue influence and favoritism and (2) disparate treatment between higher and lower-ranking officials suspected of misconduct.6

But the footnotes!

2* 3 FAM 4322.2 states that incidents or allegations involving Chiefs of Mission that could serve as grounds for disciplinary action and/or criminal action must be immediately referred to OIG or DS to investigate. This section further states that “[i]n exceptional circumstances, the Under Secretary for Management…may designate an individual or individuals to conduct the investigation.” No guidance exists describing what factors to consider in determining what constitutes “exceptional circumstances.”

3* In the SBU report provided to Congress and the Department, OIG cited an additional factor considered by the Under Secretary—namely, that the Ambassador’s suspected misconduct (solicitation of prostitution) was not a crime in the host country. However, after the SBU report was issued, the Under Secretary advised OIG that that factor did not affect his decision to treat the matter as a “management issue” and that he cited it in a different context. This does not change any of OIG’s findings or conclusions in this matter.

4* 3 FAM 4322.3.a provides that a management official “must initially determine whether he, she, or another management official should be the investigating official, or whether the matter should be referred to” OIG or DS for further action. This section further provides that if the official determines that the “alleged misconduct is relatively minor, such as leave abuse or failure to perform assigned duties, that official or another management official may handle the administrative inquiry” and need not refer the matter to OIG or DS.

5* After the SBU report was issued, the Under Secretary of State for Management advised OIG that he disagrees with the Office of the Legal Adviser interpretation, citing the provisions in the Foreign Service Act of 1980 which designate Chiefs of Mission appointed by the President as members of the Foreign Service. See Foreign Service Act of 1980, §§ 103(1) & 302(a)(1) (22 USC §§ 3903(1) & 3942(a)(1)).

6* During the course of this review, OIG discovered some evidence of disparity in DS’s handling of allegations involving prostitution. Between 2009 and 2011, DS investigated 13 prostitution-related cases involving lower-ranking officials. OIG found no evidence that any of those inquiries were halted and treated as “management issues.”

OIG to M’s “exceptional circumstances”  — what the heck is that?

“…OIG concludes that the Under Secretary’s application of the “exceptional circumstances” provision to remove matters from DS and OIG review could impair OIG’s independence and unduly limit DS’s and OIG’s abilities to investigate alleged misconduct by Chiefs of Mission and other senior Department officials.

Well, it’s shocking that M, DS and the Legal Adviser could not agree on a simple thing. We do think the OIG is exactly right here. Why have an oversight and investigation arm if some higher up can declare no investigation necessary under an “exceptional circumstances”clause, that’s not even spelled out.

The Inspector General is ranked equivalent to an Assistant Secretary.  According to the regs, he reports directly to the Secretary, the Board, the Commissioner and the head of any other organization for which the OIG is assigned oversight responsibility, or to the extent such authority is delegated, to the officer next-in-rank. But 1 FAM 053.2-2 Under Secretary for Management (M) (CT:ORG-312; 07-17-2013)  put in place before the current OIG assumed office, also has this to say:

The Under Secretary for Management (M) is the Secretary’s designated top management official responsible for audit and inspection follow-up and the Secretary’s designee for impasse resolution when Department officials do not agree with OIG recommendations for corrective action.

We’ll have to watch and see how this turns out.  Must add that nowhere in the Foreign Affairs Manual does it say that the Inspector General may not/not investigate matters considered “management issues” under  “exceptional circumstances.”

 

Related item:

-09/30/14   Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security (ESP-14-01)  [685 Kb] Posted on October 16, 2014

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VPOTUS Swears-In Jane Hartley as Ambassador to France and Monaco

– Domani Spero

 

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President Obama announced his intent to nominate Ms. Hartley on June 6, 2014. The WH released the following brief bio at that time.

Jane D. Hartley is the Chief Executive Officer of Observatory Group, LLC, a position she has held since 2007.  From 1994 to 2007, Ms. Hartley worked for the G7 Group, serving as its Chief Executive Officer from 1995 until her departure. From 1987 to 1989, Ms. Hartley served as Vice President and Station Manager at WWOR-TV in Secaucus, New Jersey. From 1985 to 1987, Ms. Hartley was Vice President of Marketing of MCA Broadcasting (Universal). She was Vice President of Corporate Communications at Westinghouse Broadcasting from 1983 to 1985, and Vice President of New Markets Development at Group W Cable from 1981 to 1983. From 1978 to 1981, Ms. Hartley served as Associate Assistant to the President in the Office of Public Liaison at the White House, and was Director of Congressional Relations at the Department of Housing and Urban Development from 1977 to 1978. Ms. Hartley was the Executive Director of the Democratic Mayors’ Conference for the Democratic National Committee from 1974 to 1977. She has served as a Member of the Board of Directors of the Corporation for National and Community Service since 2012. She is a Member of the Board of Directors of Heidrick and Struggles and a member of the Board of Directors and Overseers of Memorial Sloan Kettering Cancer Center. Ms. Hartley is also on the Executive Committee of the John F. Kennedy School of Government at Harvard University. She is a former Vice Chairman and member of the Executive Committee of the Economic Club of New York, and a member of the Council on Foreign Relations. Ms. Hartley received a B.A. from Boston College (Newton College).

Ms. Hartley had her Senate Foreign Relations Committee confirmation hearing on July15, 2014. On September 16, 2014, the U.S. Senate confirmed her as U.S. Ambassador to France and Monaco. This is one of those nominations that went through the process rather quickly; something that’s becoming a rarity in Washington these days.

The published Certificate of Competency says (via-Hartley, Jane D. – French Republic – July 2014):

Jane Hartley, currently the Chief Executive Officer of Observatory Group, LLC in New York City and a Member of the Board of Directors of Heidrick and Struggles in Chicago, has been the CEO of macroeconomic and political advisory firms for the past two decades. She is known for her critical analyses of the G7 countries and her depth of knowledge of French political and economic policies. A vibrant, experienced leader, Ms. Hartley will bring key skills to the task of furthering bilateral relations with the Government of France, a critical U.S. ally in the European Union and around the globe.[...] Ms. Hartley earned a B.A. at Boston College (Newton College). She speaks conversational French.

Ms. Hartley will replace businessman, Charles Rivkin who was chief of mission at US Embassy Paris from 2009–2013 (he is currently the Assistant Secretary at State’s Bureau of Economic and Business Affairs (EB)). Since the 1960s, all ambassadorial appointments to Paris had been political appointees except for one.

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How to Join the U.S. Diplomatic Service Without Taking the Foreign Service Exam

– Domani Spero

 

Yup, it can be done, if you have some expertise lacking in the Foreign Service, say a nuclear physicist needed in Japan. Or  we imagine, if you’re a tattoo artist who can decipher ISIS tattoos, there maybe work for you (seriously, is there?).  It can also happen if you or your folks know the right people in WashDC.  Or technically, if you’re in the right spot at the right moment, and there is an “urgent need,” it just might be you.

The State Department has updated the categories of non-Foreign Service employees it is able to assign to diplomatic missions overseas this past spring, adding ” Urgent, Limited Need” as a seventh category to the list. Foreign Affairs Manual 3 FAM 2293 (pdf) spells out the rules for appointing not just Department Civil Service employees but also “other individuals” from outside the Foreign Service under a limited non-career appointment (LNA). This is how post may end up with a political ambassador’s chief of staff who has never worked in the Foreign Service, or a speechwriter who is not a Foreign Service officer. Or how posts overseas get their Security Protective Specialists (SPS) who are all hired under LNAs.

3 FAM 2293 TYPES OF LIMITED NONCAREER APPOINTMENTS UNDER SECTION 303 OF THE FOREIGN SERVICE ACT (CT:PER-726; 04-18-2014) (State Only) (Applies to Foreign Service and Civil Service employees)

a. Consistent with Section 502 of the Foreign Service Act (22 U.S.C. 3982), the Department’s goal is to ensure that positions designated as Foreign Service positions are filled by assignment of career and career-conditional members of the Foreign Service.

b. Pursuant to Sections 303 and 309 of the Foreign Service Act, the Department appoints Civil Service employees and other individuals from outside the Foreign Service to LNAs as:

(1) Hard-to-Fill (HTF) Candidates: Positions that have not attracted sufficient bidders through the Foreign Service assignments process and thus may be filled by Department Civil Service employees. The procedures and eligibility requirements applicable to HTF positions as well as the scope and frequency of available positions may vary from year to year. Each HTF program will be announced by an ALDAC after consultation with the Foreign Service’s exclusive representative;

(2) Expert Candidates: For these positions, bureaus are to request temporary FTE from the Office of Resource Management (HR/RMA) before presenting an Action Memorandum to the Director, HR/CDA. For example, expert LNAs include, but are not limited to, positions that cannot normally be filled with Foreign Service personnel, such as certain attorney positions at embassies and missions that are filled by lawyers from the Office of the Legal Adviser, and a nuclear physicist position that was temporarily required in Japan.

(3) Developmental Assignment Candidates: These assignments provide experience and exposure to Foreign Service operations for Civil Service personnel through two methods–bureau candidate only advertised positions, for example, A Bureau positions at ELSO and Overseas Development Program positions advertised via CS merit promotion announcements.

(4) Volunteer Cable Candidates: Volunteer cables are sent, as agreed annually with the exclusive representative in the Bidding Instructions, when there are no qualified bidders for a vacancy that has been advertised. The regional bureaus initiate the volunteer cable exercise as a request to HR/CDA to send such a cable based on Foreign Service need. If a Civil Service candidate is selected, the Director General must prepare a Certificate of Need in accordance with 3 FAM 2295 (see also 3 FAM Exhibit 2295 for an example of this certificate);

(5) Schedule C and Other Outside-Hire Candidates: These appointments include, but are not limited to, chief-of-mission office management specialists, eligible family members, and other outside hires;

(6) Exceptional Circumstance Candidates: The Department’s Director General of the Foreign Service and Director of Human Resources (Director General) may designate certain positions to be filled under an “exceptional circumstance” category (see 3 FAM 2294 below).

(7) Urgent, Limited Need: These limited non-career appointments support specific or exceptional mission-critical needs that existing Foreign Service personnel cannot meet. These needs are considered to be of limited duration, not justifying the creation of a new category of a career Foreign Service employee. HR/RMA will authorize the FTE for these positions. Every two years, the Director General or designee will review each category of LNA falling under this paragraph in consultation with the Foreign Service’s exclusive representative, to determine whether the specific need still exists and existing Foreign Service personnel cannot meet the need.

NOTE: The seven categories in 3 FAM 2293, subparagraphs b(1) through b(7), are the only categories by which a Civil Service employee or other individual from outside the Foreign Service may be appointed to the Foreign Service pursuant to an LNA under Section 303 of the Foreign Service Act. The Department’s procedures for appointing Civil Service employees and other individuals from outside the Foreign Service as LNAs outside these categories are subject to negotiations between the Department and the Foreign Service’s exclusive representative, prior to institution of further categories.

 

The regulations note that “In the event that no bids for exceptional circumstance positions are received from members of the Foreign Service after the positions have been advertised for the required 15 working days, or the Director General determines that the member(s) of the Foreign Service whose bid is (are) not suited to the assignment, the Department may select a Department Civil Service employee or other candidate for appointment to an LNA for assignment to this position, based on a Certificate of Need signed by the Director General in accordance with 3 FAM 2295.”

However, the FAM does not explain fully how the “Urgent, Limited Need” or ULN appointments will be handled. Will these positions be advertised or will it be as painless as the Director General (DGHR) designating the positions as ULNs?  The brief explanation under this category says that “These needs are considered to be of limited duration, not justifying the creation of a new category of a career Foreign Service employee.” And yet, it also says that the DGHR will review LNAs under this category every two years.  How many reviews will be required before a determination needs to be done to justify a regular position?  Will the DGHR similarly be required to issue a “Certificate of Need?” Currently, the FAM only says that a “Certificate of Need” is required when the Department fills a position with an exceptional circumstance candidate or fills a volunteer cable position with a Civil Service employee, but silent when the position is filled under the “Urgent, Limited Need” category.

Most important of all, who is tasked with making a determination that an Urgent, Limited Need exists — the 7th floor, the functional bureau, the regional bureau, post management, the ambassador, a special envoy, a special rep, any top gun in the alphabet soup?

Or would your fairy godfather works just as well?

We must note that according to the regs, LNAs are normally limited to the duration of the specific assignment for which the candidate is hired and normally may not exceed five years in duration. But — the DGHR may propose to extend the limited appointment beyond five years.  Similarly, only the DGHR is tasked with the issuance of a “Certificate of Need.” We are sure that DGHR has the statistics on how many LNAs have been hired under these seven different categories, or for that matter, how is it that two decades on, the temporary Hard-To-Fill category has now become part of normal staffing, but —  those numbers are not for public consumption.

We suspect that Schedule C hires, as well as candidates for Exceptional Circumstance and Urgent, Limited Need categories need not have to bother with usajobs.gov like regular people; that’s the job site for applicants who do not know anybody traveling on the special lanes. And really, if you have the right names on your digital Rolodex, this system works perfectly in your favor.  Ugh! Why bother filling out the KSAs (knowledge, skill, ability) when you can take the short cut.

These new changes bear paying attention to in light of news that a son of a Democratic donor, who was a former WH volunteer snared in the Cartagena Prostitution Scandal is now a full-time policy adviser in the Office on Global Women’s Issues for the U.S. State Department.

We can imagine a time in the future when Schedule C and other non-career appointees may proliferate at the Front Office level. It’s already happening at HQ level, how long before it starts showing up at missions X, Y and Z. Who’s going to say “no” if a political ambassador ask that his/her chief of staff or social media advisor, or speechwriter be designated as a Schedule C or an “Urgent, Limited Need” position?

For those not too familiar with staffing lingo, Schedule C positions are excepted from the competitive service because “they have policy-determining responsibilities or require the incumbent to serve in a confidential relationship to a key official.” According to OPM, appointments to Schedule C positions require advance approval from the White House Office of Presidential Personnel and OPM, but appointments may be made without competition. OPM does not review the qualifications of a Schedule C appointee — final authority on this matter rests with the appointing official.

Are we wrong to presume that final authority on the hiring of Urgent, Limited Need appointee also rests with the appointing official?

Now, we think this is a challenge for the Foreign Service — FS personnel is worldwide available, which means they can be sent anywhere in the world where they are needed. In practice, with the exception of the first two tours upon entering the Service, employees typically only go where they “bid” to go; they are not “directed” or “forced” to go anywhere they don’t want to go.  Even employees who pick assignments in the war zones are volunteers (or voluntold). Better to have volunteers than draftees.

But the world is changing right before our eyes, and the State Department’s personnel and org systems are not changing fast enough to adapt to the needs of our times.  We are convinced that ULN is not going to be the last category on the FAM list and that the State Department will continue to expand the categories of non-career personnel “joining” the Foreign Service under an excuse of not having enough qualified people to send there, wherever there may be. Whether that is actually true or not is hard to say.

For instance, Diplomatic Security’s High Threat directorate reportedly has gaps in its staffing. That’s totally expected given that assignments are dole out a year in advance. What about standing up a new office with the Global Coalition Against ISIL under General Allen?

Not long ago, we’ve heard that several rounds of directed assignments weren’t enough to fill all the vacancies on the S Detail.  Is that reflective of service discipline?  Perhaps. But if you have difficulty filling in the slots for the Secretary’s security detail, one has to start asking the hard questions. And ‘would these positions qualify for urgent, limited need category,’ should not be the main question. Go do a root cause exercise.

We’ve also heard that Office Management Specialists (OMS) has a high attrition rate and that a good number of Civil Service OMS are in the front offices at embassies overseas instead of FS OMS. But surely, you’ve all heard about the FS OMS complaints of lack of a career path?  Go do a root cause exercise.

If the QDDR should have some concrete utility this year, it ought to take a look foremost at the personnel systems of the State Department and how it can make the institution stronger and adapt to the needs of our times.  And perhaps the time has come to seriously look at a unitary personnel system that is agile, and flexible, if we want to see State as our lead foreign affairs agency in fact, not just in name.

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VPOTUS Swears In Ambassador-Designate to Ireland Kevin O’Malley

– Domani Spero

 

 

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Photo of the Day: First Parent-Daughter Assistant Secretary of State

– Domani Spero

 

 

President Obama announced Ms. Crocker’s nomination in October 2013. The WH released a brief bio at that time:

Bathsheba N. Crocker is the Principal Deputy Director in the Office of Policy Planning at the Department of State (DOS), a position she has held since 2011.  Previously at DOS, she served as Chief of Staff to the Deputy Secretary of State from 2009 to 2011.  From 2008 to 2009, Ms. Crocker was a Senior Policy and Advocacy Officer for International Affairs at the Bill & Melinda Gates Foundation.  She was the Senior Advisor to the Assistant Secretary-General for Peacebuilding Support at the UN Peacebuilding Support Office from 2007 to 2008.  From 2005 to 2007, Ms. Crocker was the Deputy Chief of Staff to the UN Special Envoy at the Office of the UN Special Envoy for Tsunami Recovery.  Ms. Crocker worked at the Center for Strategic and International Studies on the Post-Conflict Reconstruction Project as a Fellow and Co-Director from 2003 to 2005 and as an International Affairs Fellow at the Council on Foreign Relations from 2002 to 2003.  Ms. Crocker was an Attorney-Adviser for the Office of the Legal Advisor at DOS from 2001 to 2002 and from 1997 to 1999.  From 2000 to 2001, she was Deputy U.S. Special Representative for Southeast Europe Affairs at the U.S. Embassy in Rome, Italy.  From 1999 to 2000, Ms. Crocker was Executive Assistant to the Deputy National Security Advisor for the National Security Council at the White House.  She has served as an adjunct professor at Johns Hopkins University, George Washington University, and American University.  Ms. Crocker received a B.A. from Stanford University, an M.A. from Fletcher School of Law and Diplomacy, and a J.D. from Harvard Law School.

Ms. Crocker’s father, Chester Crocker is a career diplomat who served as Assistant Secretary of State for African Affairs from 1981 to 1989 in the Reagan administration.  Click here for his ADST oral history interview (pdf).

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Sorry FSOs: Senate Confirms Lippert, O’Malley, Crocker, Scheinman, Holleyman and Lenhardt

– Domani Spero

 

On September 18, the Senate confirmed the following State Department nominations. Also confirmed were the nominees for USTR and USAID.

South Korea: Mark William Lippert, to be Ambassador to the Republic of Korea

Ireland: Kevin F. O’Malley, to be Ambassador to Ireland

State/IO: Bathsheba Nell Crocker, to be an Assistant Secretary of State (International Organization Affairs)

State/NPT: Adam M. Scheinman, to be Special Representative of the President for Nuclear Nonproliferation, with the rank of Ambassador

USTR: Robert W. Holleyman II, to be Deputy United States Trade Representative, with the rank of Ambassador

USAID: Alfonso E. Lenhardt, to be Deputy Administrator of the United States Agency for International Development

 

Looking at the names of these lucky ones who made it out of the Senate, one simply feels bad for career diplomats who typically do not have BFFs in high places to lobby for their confirmation. Nominees for Palau and Timor-Leste who both have waited over 400 days may be forced to wait many more days unless the Senate act on those nominations in the next couple of days. Or perhaps after the November election? Perhaps next year?  Nominees for Paraguay, Vietnam, Bangladesh, and Cabo Verde, all career diplomats are also stuck in the Senate. Confirmation by crisis works as we have seen clearly this year, though not all the time.  But if a coup or a civil strife breaks out in any of these places in the next 48 hours, the nominees might, just might get moved up the Senate’s “we haven’t forgotten you” list before the clock runs out.

Well, what are you waiting for? Start something happening somewhere, pronto!

 

Oh, wait! Too late to start a coup.  The Senate’s gone, people!

 

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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.
[...]
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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Opposition to George J. Tsunis Nomination as Norway Ambassador Now a Social Media Campaign

– Domani Spero

 

On September 10, 2013, President Obama announced a slew of executive nominations including that of George J. Tsunis as his nominee for Ambassador to the Kingdom of Norway.  In January 2014, Mr. Tsunis made an appearance at the Senate Foreign Relations Committee (see  Senator John McCain’s “No More Questions” at the Senate Confirmation Hearing Gets a GIF and US Embassy Oslo: Clueless on Norway, Murder Boards Next?).

In February, a group of Norwegian-Americans made their opposition to the nomination known (see Norwegian-Americans Petition For Withdrawal of Tsunis Nomination as Ambassador to Norway).  The same day we wrote about their opposition, the SFRC panel cleared the Tsunis nomination (seeSFRC Clears Barber, Bell, Tsunis, Harper, Talwar, Rose, Gottemoeller, Chacon, Carroll).

In April, murder boards became real (see State Department Seeks Contractor For Simulated Congressional Hearing Sessions). On August 7, the Washington Times reported that Orlando, Florida-based AMTIS, Inc. was awarded a $545,000 contract by the State Department for simulated congressional hearings and communicating with Congress classes.

Last week, opponents of the Tsunis nomination rolled out a new social media campaign to sink his nomination.  We did not see it until we got poked on Twitter today.   Tom Lundquist who started the original petition asking President Obama to withdraw the nomination posted the following on change.org:

Today looks to have been the first full day of starting out with a never-before-tried social media campaign in this effort to have George Tsunis withdrawn or defeated. An integrated Twitter, Facebook, and Web campaign have been launched!

http://citizensvstsunisdems4compdips.weebly.com/

https://twitter.com/CitizensvTsunis

https://www.facebook.com/citizens.vs.tsunis.dems.competent.diplomats/info

 

Screen Shot 2014-08-26

Twitter profile of Citizens v. Tsunis

 

On its website, the group listed several reasons why they opposed the Tsunis nomination including the following:

Perception of American Incompetence and Arrogance Abroad:

America’s foreign image hasn’t been the best over the last decade or so. Let’s not make it worse. George Tsunis’ wildly inaccurate statements of fact, diplomatic outrages, and lack of qualifications offended a number of Norwegian officials and Members of Parliament, including the mayor of Norway’s capitol city who made it clear that President Obama should send a far more knowledgeable and qualified person. To send Tsunis to Norway would be a fist in the face of a key ally – and an arrogant message to the world. Norway is a vital member of NATO, a key supplier of energy to the EU, an important player in peace efforts in the Middle East, and a strong U.S. ally everywhere. With rising tensions in Eastern Europe and the Middle East the U.S. has to take its diplomacy seriously and treat key allies with respect.

The website also listed the names of four Senators who already made their opposition to the Tsunis nomination known, calling them, Senate Heroes. As well, under the section “Money Bound,” the group listed the names of 9 Senators who were recipients of donations from Mr. Tsunis, urging supporters to email/call the senators and their aides. Check out the Senators Living Dangerously, the Silent Senators, and Our Party’s (Apparent) Worst Enemies. The website also includes the well-circulated clips from Anderson Cooper and the Daily Show.

The group suggests a series of questions constituents should ask their congressional representatives noting that “Until a Senator comes out publicly against the absolute most inane, unqualified nomination the Senate has perhaps yet ever seen, tacit support of Tsunis – and the damage it is doing to our Party and democracy – must be challenged.”

It also adds a carrot for the rabbits in the Senate, “By the Senator making a public commitment to vote against the Tsunis nomination, the Senator’s page here will be removed from this website and the Senator will be promptly added to The Principled Heroes list for all constituents to see.”

Over on Twitter, a new hashtag battle could be brewing — @CitizensvTsunis‘  and what appears to be a parody account by Not George J. Tsunis using the @ambGeorgeTsunis handle with the  hashtag. This could get nasty.

Given the many challenges facing our country these days, we don’t think the White House appreciates this new kind of headache. I mean, who would?  But we also suspect that it would not withdraw the nomination on its own. Once it nominated Mr. Tsunis, the WH is bound to stand by its nominee. The only way we think the WH would withdraw this nomination is if Mr. Tsunis , himself, withdraws his name from consideration.  That might be the most prudent action for Mr. Tsunis to do here. That would give President Obama a fresh start.

Of course, if the Democrats lose the Senate in November, well … maybe none of the nominees will be going anywhere.

 

 

 

 

 

 

 

 

 

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SFRC Clears Ambassadorial Nominees for South Korea, Honduras, Qatar, Egypt, Iraq, Vietnam, Algeria

– Domani Spero

 

On June 24, the Senate Foreign Relations Committee (SFRC) cleared the nominations of the following nominees as ambassadors to South Korea, Honduras, Qatar, Egypt, Iraq, Vietnam, and Algeria. It also cleared the nomination for the next Director of the Office of Foreign Missions.  The nominees will now join the long list of Obama nominees awaiting their confirmation.

 

Argentina: Noah Bryson Mamet, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Argentine Republic.
Mamet, Noah – Republic of Argentina (pdf via State/FOIA)

South Korea: Mark William Lippert, of Ohio, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Korea

-Lippert, Mark – Republic of Korea – 05-2014

Honduras: James D. Nealon, of New Hampshire, 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 Honduras.
-Nealon, James D – Republic of Honduras – 05-2014

Qatar: Dana Shell Smith, of Virginia, 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 State of Qatar.
-Smith, Dana S – State of Qatar – 05-2014

Egypt: Robert Stephen Beecroft, 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 Arab Republic of Egypt
-Beecroft, Robert S – Arab Republic of Egypt – 05-2014

Iraq: Stuart E. Jones, of Virginia, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iraq.
-Jones, Stuart E – Republic of Iraq – 05-2014

Vietnam: Theodore G. Osius III, of Maryland, 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 Socialist Republic of Vietnam.
-Osius, George O, III – Socialist Republic of Vietnam – 05-2014

Algeria: Joan A. Polaschik, of Virginia, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the People’s Democratic Republic of Algeria.
-Polaschik, Joan A – Democratic Republic of Algeria – 05-2014

Gentry O. Smith, of North Carolina, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Director of the Office of Foreign Missions, and to have the rank of Ambassador during his tenure of service, vice Eric J. Boswell, resigned.
President Obama Announces More Key Administration Posts – May 1, 2014

 

We imagine that Ambassador Jones (to Iraq) and Ambassador Beecroft (Egypt) could get their full Senate vote ahead of a very large pack of nominees. But the Senate being what it is these days, it’s hard to even guess how fast the Senators could tie their shoes. In any case, Ambassador Beecroft is apparently back in Baghdad after  a short stop in D.C. for his  confirmation hearing.  We are hoping that the nominees will not have to wait 300 days for their confirmation. To-date, the nominee for U.S. ambassador to Lesotho, a career FSO has waited 315 days for Senate confirmation. The nominees slated as chiefs of mission to Niger, Cameroon, Timor-Leste and Palau, all career FSOs have waited 326 days for their full Senate vote.

The clock appears to be broken in the Senate, but everywhere else, the world marches on.

 

 

 

 

 

 

 

 

 

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While You Were Sleeping, the State Dept’s Specials in This “Bureau” Proliferated Like Mushroom

– Domani Spero

Update on 5/7/14: Names of a few more special envoys during the Albright era added.

 

We were looking into mushrooms one day (problematic backyard lawn) and stumbled upon “The cleverness of mushrooms.” The article says that exactly how mushrooms proliferate is still poorly understood.” Hey, we thought — isn’t that kind of the same thing when it comes to special advisors, special envoys and special representatives proliferating inside the State Department?

Exactly how it’s done is still poorly understood. 

For instance, Secretary Madeleine Albright (1997-2001) had, can you believe it, two.  There was Theresa A. Loar, the Coordinator for International Women’s Issues. Then there was  Norman Neureiter, the Science and Technology Adviser to the Secretary of State. If there were more, they were not listed in the secretary’s archive.

Update on 5/7/14: A few more special envoys during the Albright era, not reflected on the state.gov archive (Thanks Michael T.):

  • Rev Jesse Jackson, Special Envoy for the President and the Secretary  of State for the Promotion of Democracy in Africa.
  • Amb Richard Bogosian, Special Coordinator for Rwanda and Burundi, 1996-1997
  • Dr. Howard Wolpe, Special Envoy of the President and the Secretary of State to the Burundi peace negotiations, then Special   Envoy of the President and Secretary of State to Africa’s Great Lakes region.
  • Amb Howard F. Jeter, Special Envoy for Liberia
  • Amb Paul Hare, Special Representative to the Angolan Peace Process, 1993-2001

 

Also, according to state.gov’s archive, there were fourteen senior folks including “Special Envoys” and “Special Representatives” at the State Department from 2001-2009 encompassing the tenure of Secretary Colin Powell (2001-2005) and Secretary Condoleezza Rice (2005-2009).

During Secretary Hillary Clinton’s tenure (2009-2013) and presently under Secretary Kerry, the number of these special folks has grown by quite a bit.  In six years, the State Department went from 14 special folks to something like four dozens. It is quite possible that  there are more special and senior folks whose appointments/new desks have not yet made it to the official website.   The number of senior advisors as opposed to the special advisors is even more difficult to find.

One example is Tom Perriello,  the Special Representative for the Quadrennial Diplomacy and Development (QDDR) Review appointed by Secretary Kerry in February 2014. His biography is live but he is not listed here. Another one not listed is Senior Advisor to the Secretary David H. Thorne, former U.S. ambassador to Italy and twin brother of  Secretary Kerry’s first wife. 

And by the way, we noticed that Special Advisor for Secretary’s Initiative Elizabeth Bagley was appointed on April 20, 2011. According to state.gov, her term of appointment is 04/20/2011 to present.  Currently her bio page says “The biography for Special Adviser for Secretary Initiatives Elizabeth Bagley will be posted when available.” 

screen shot state.gov

screen shot state.gov

You wait, and wait, and wait …. and nothing happens in three years like what, a turtle carrying the bio page is still circumnavigating the globe to get to Foggy Bottom?

We should note that while it was widely reported last year that the Gitmo Closure office had also been shuttered,  Ambassador Daniel Fried was actually succeeded as Special Envoy for Guantanamo Closure by Clifford M. Sloan, an attorney who previously served as Publisher of Slate Magazine and as a General Counsel at The Washington Post Company. Ambassador Fried is now the State Department’s Coordinator for Sanctions Policy.

In any case, here they are, the State Department’s Special Advisors, Special Envoys, and Special Representatives:

Afghanistan and Pakistan, Special Representative
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Afghanistan and Pakistan (Special Representative): James F. Dobbins

APEC (U.S. Senior Official): Robert S. Wang

Biological and Toxin Weapons Convention (BWC) Issues, Special Representative
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Biological and Toxin Weapons Convention (BWC) Issues (Special Representative): Vacant

Burma, Special Representative and Policy Coordinator
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Burma (Senior Advisor): Judith Beth Cefkin

Special Representative for the Central African Republic: W. Stuart Symington

Civil Society and Emerging Democracies, Senior Advisor
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Civil Society and Emerging Democracies (Coordinator): Tomicah Tillemann
Climate Change, Special Envoy
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Climate Change (Special Envoy): Todd D. Stern

Special Advisor for Children’s Issues Ambassador Susan Jacobs

Closure of the Guantanamo Detention Facility (Special Envoy): Clifford M. Sloan

Commercial and Business Affairs, Special Representative
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Commercial and Business Affairs (Special Representative): Lorraine Hariton

Conventional Armed Forces in Europe, Special Envoy

Cyber Issues, Coordinator
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Cyber Issues (Coordinator): Christopher Painter

Eurasian Energy, Special Envoy
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Faith Based and Community Initiatives (Special Advisor): Shaun Casey

Global Food Security, Special Representative
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Global Food Security (Special Representative): Jonathan Shrier (Acting)

Global Health Diplomacy (Special Representative): Leslie V. Rowe (Acting)

Global Intergovernmental Affairs, Special Representative
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Global Intergovernmental Affairs (Special Representative): Mary Pensabene (Acting)

Global Partnerships, Special Representative
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Global Partnerships (Special Representative): Andrew O’Brien

Global Youth Issues, Special Advisor
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Global Youth Issues (Special Adviser): Zeenat Rahman

Great Lakes Region and the D.R.C., Special Envoy
-Great Lakes and the Democratic Republic of the Congo (Special Envoy): Russell D. Feingold

Haiti, Special Coordinator
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Haiti (Special Coordinator): Thomas C. Adams

Holocaust Issues, Special Envoy
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Holocaust Issues (Special Adviser): Stuart E. Eizenstat
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Holocaust Issues (Special Envoy): Douglas Davidson

International Disability Rights, Special Advisor
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International Disability Rights (Special Advisor): Judith E. Heumann

International Energy Affairs, Coordinator
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International Energy Affairs (Special Envoy and Coordinator): Carlos Pascual

International Labor Affairs, Special Representative
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International Labor Affairs (Special Representative): Vacant

International Religious Freedom, Ambassador-at-Large

Israel and the Palestinian Authority, U.S. Security Coordinator
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Israeli-Palestinian Negotiations (Special Envoy): Martin S. Indyk

Kimberly Process, Chair

Middle East Transitions (Special Coordinator): Vacant

Middle East Peace, Special Envoy

Monitor and Combat Anti-Semitism, Special Envoy
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Monitoring and Combating Anti-Semitism (Special Envoy): Ira N. Forman

Muslim Communities, Special Representative
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Muslim Communities (Special Representative): Adnan Kifayat (Acting)

Nonproliferation and Arms Control, Special Advisor
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Nonproliferation and Arms Control (Special Advisor): Robert J. Einhorn

North Korean Human Rights Issues, Special Envoy
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North Korean Human Rights Issues (Special Envoy): Robert R. King

North Korea Policy, Special Representative
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North Korea Policy (Special Representative): Glyn Davies

Nuclear Nonproliferation, Special Representative of the President
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Nuclear Nonproliferation (Special Representative of the President): Susan Burk

Organization of the Islamic Conference, Special Envoy
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Organization of Islamic Cooperation (Special Envoy): Rashad Hussain

QDDR (Special Representative): Thomas Perriello

Sanctions Policy (Coordinator): Daniel Fried

Science and Technology (Adviser): E. William Colglazier

Secretary Initiatives, Special Advisor
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Secretary Initiatives (Special Adviser): Elizabeth Bagley

Senior Advisor to the Secretary: David H. Thorne

Six-Party Talks, Special Envoy
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Six-Party Talks (Special Envoy): Vacant

Strategic Stability and Missile Defense, Special Envoy

Sudan, Special Envoy
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Sudan and South Sudan (Special Envoy): Donald E. Booth

Threat Reduction Programs, Coordinator
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Threat Reduction Programs (Coordinator): Bonnie D. Jenkins

 

In 2016, if you don’t want to compete for the ambassadorial sweeps, don’t forget these gigs.  These positions are not advertised through usajobs.gov and more importantly, these jobs do not/do not require senate confirmations.

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