Senate Confirmations: Shannon, Egan, Raji, Heins, Estrada, McKean, and Marciel

Posted: 2:55  pm EDT

 

After a long wait, State Department nominees who were snared in a senate hold by Senator Ted Cruz (R-TX) were finally confirmed in a voice vote today before Congress left for the Presidents Day break. The Senate will next convene at 3:00pm on Monday, February 22nd.

Thomas A. Shannon, Jr., of Virginia, a Career Member of the Senior Foreign Service, Class of Career Ambassador, to be an Under Secretary of State (Political Affairs).

Brian Egan to be Legal Adviser of the Department of State

Azita Raji, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Sweden.

Samuel D. Heins, of Minnesota, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Norway.

John L. Estrada, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Trinidad and Tobago.

David McKean, of Massachusetts, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Luxembourg.

Also confirmed is President Obama’s nominee Sunil Sabharwal to be U.S. Alternative Executive Director of the International Monetary Fund (IMF).

Why did Senator Cruz relent and what did he get in exchange for lifting the hold?  Via Roll Call:

As the hold on the State Department nominees was lifted, Cruz managed to secure Senate passage, also by voice vote, of a measure to designate the area outside the new Chinese Embassy along Van Ness Street in Northwest D.C., as the “Liu Xiaobo Plaza.” That would honor the pro-democracy leader and longtime political prisoner.

On February 9, the U.S. Senate also confirmed  Scot Alan Marciel, of California, 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 Union of Burma.

Meanwhile, another presidential candidate and sitting senator continue his hold on President Obama’s nominee to be ambassador to Mexico over, you know, the most perfect excuse, Cuba:

 

Other confirmations:

2016-02-11 PN1085 Foreign Service | Nominations beginning Virginia Lynn Bennett, and ending Susan M. Cleary, which 193 nominations were received by the Senate and appeared in the Congressional Record on January 19, 2016.

2016-02-11 PN830 Foreign Service | Nominations beginning Christopher Alexander, and ending Tipten Troidl, which 28 nominations were received by the Senate and appeared in the Congressional Record on September 10, 2015.

2016-02-11 PN573-5 Foreign Service | Nomination for Christopher Nairn Steel, which nomination was received by the Senate and appeared in the Congressional Record on June 10, 2015.

For the Millennium Challenge Corporation

2016-02-11 PN1039 Millennium Challenge Corporation | Morton H. Halperin, of the District of Columbia, to be a Member of the Board of Directors of the Millennium Challenge Corporation for a term of two years.

2016-02-11 PN1040 Millennium Challenge Corporation | Michael O. Johanns, of Nebraska, to be a Member of the Board of Directors of the Millennium Challenge Corporation for a term of three years.

 

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Senator Cruz Blocks @StateDept Nominees While on Campaign Trail

Posted: 2:19 am EDT

 

Last week —

So that’s now the third time for the last several days and counting. Duck Dynasty commander and Senator Ted Cruz has pledged to block State Department nominees over the Iran nuclear deal. He had previously conveyed his threat to hold all State Department nominations over the Iran deal in July 2015 (see letter to POTUS here – PDF). He wants the oval office, we don’t think a duck gumbo would work here.

 

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From Oslo: Norwegians may now face the scary scenario of Donald Trump sending an ambassador

Posted: 3:37 am EDT

 

Agenda Magasin, an online magazine for political analysis and commentary based in Oslo recently published, “Congress, send Norway an ambassador” by Thor Steinhovden. Below is an excerpt:

Norway has never gone this long without an American ambassador at the U.S. Embassy in Oslo. Norwegians may now face the scary scenario of Donald Trump sending a representative, three years too late.
[…]
In September 2013 the American Ambassador to Norway, Barry White, completed his posting and left the country. 840 days later the United States has yet to send a replacement. That’s more than 120 weeks, or over two years and three months. Now, Norway risks having to wait until spring 2017. In other words, our closest ally will then have neglected to send a presidential representative for over three years.

The story behind this failure is complicated, but illustrates a political situation in the U.S. that is crippling the president’s ability to effectively carry out foreign policy. The story includes a failed nomination, “The Nuclear Option”, the P5+1 Iran deal, and not at least, the race for 2016.
[…]
For many Norwegians it probably seems both odd and incomprehensible that one of the world’s superpowers cannot manage such a simple task as to deploy an ambassador to a close ally like Norway. It becomes more incomprehensible when one considers the fact that the hold-up is not related to neither the candidate, nor the bilateral relationship.

If Donald Trump or Ted Cruz then occupy the White House, Norway may find itself welcoming a completely different character than Sam Heins. I believe most Norwegians agree with me that it is probably best for all of us if we avoid that scenario. It is time: Congress, send Norway an ambassador!

Read in full here.  A Norwegian-language version of this commentary is also available.

The article is a pretty good account of what happened to the nominations dating back to 2013 when the initial nominee melted down on C-SPAN.

We don’t know if the Heins nomination will  make it through the Senate, but even if it does get a full vote, and Mr. Heins gets to Oslo, this is an election year. There will be a new occupant in the White House come January 2017. All ambassadors –including Mr. Heins if he gets confirmed this year — resign their positions following a change in Administration. The resignations of career ambassadors are typically almost always refused, while those of political appointees are almost always accepted.  Which means, unless the nominations of political ambassadorships get confirmed soon, the window of opportunity is winding down. At some point, it becomes a waste of resources to pack and ship an ambassador designate’s household effects if he/she gets to serve as chief of mission for only a few months; that is, only to pack out again after the November 2016 elections.  Of course, it can be done, we just can’t recall an example, but would folks really subject themselves to such a relocation for a short-term ambassadorship? We’ll have to wait and see.

 

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Senator on Cruz hold over Norway nominee: 836 days since there was last a confirmed Ambassador to Norway

Posted: 1:01 am EDT

 

The Hill reports:

Sen. Ted Cruz blocked a Democratic push to approve a handful of State Department nominees on Wednesday, even though the Texas Republican is far from D.C., campaigning in New Hampshire. […]  Sen. Mike Lee (R-Utah), however, objected to each of the nominations, noting that he was doing so on behalf of Cruz. The presidential candidate has pledged to block State Department nominees over the Iran nuclear deal. Cardin called Cruz’s objections a “master class in needless partisan obstruction.”

Last month, Democratic Sen. Amy Klobuchar (Minn.) took to the floor to urge for the confirmation of the nominees for Sweden and Norway, but spoke at length on behalf of Sam Heins, the nominee to be the U.S. Ambassador to Norway who hails from her state.

Ms. KLOBUCHAR. Madam President, I rise today to call on the Senate and all of my colleagues to allow us to move forward on the nomination of Sam Heins of Minnesota to be the U.S. Ambassador to Norway. The U.S. Ambassador for Sweden has also been held up. Coming from the State of Iowa, which I believe is over 10 percent Scandinavian–over 300,000 people–I think the Presiding Officer understands the importance of our country actually having Ambassadors to these incredibly important allies and nations.

It has now been 836 days since there was last a confirmed Ambassador to Norway, one of our most important European allies. Part of this situation was caused by a different nominee who has some issues with the committee and with other Senators. That person has now been replaced, and it has been 166 days since a new nominee went through the Foreign Relations Committee. Mr. Heins was approved by a voice vote, without any controversy, as was the Ambassador to Sweden. I thank Senators Corker and Cardin and Senators McConnell and Reid for their help in trying to get this through.

Unfortunately, these nominations are now being held up by Senator Cruz. Based on my discussions with him, it is not because of the qualifications of these nominees; it is related to, I suppose, other issues. Yet, I note for those Scandinavians out there, Senator Cruz has allowed votes on Ambassadors to other countries. We have Ambassadors in France, in England, in nearly every European nation, but not these two Scandinavian countries.

Perhaps people don’t understand the importance of these nations because they just think these people wear sweaters all the time. I don’t know what they think of Norway and Sweden, but, in fact, Senator Cruz should understand that they are two of our best allies. Norway is one of our country’s strongest and most dependable allies.
[…]
I am focusing today on Norway. I will focus on Sweden in the future as I continue to give these speeches. I don’t think we can take these countries lightly just because it is cold there and darker in the winter. These are incredibly important allies and trading partners. They deserve to be treated like other European nations. They deserve to have an ambassador from the United States of America.

It is time to end this delay and do the work the Senate is supposed to do. Let’s move ahead and work to confirm these qualified nominees to represent us abroad. One is a country in Europe that just bought 22 fighter planes from Lockheed Martin. If they had bought 22 fighter planes from the Presiding Officer’s State, I believe the Presiding Officer would have looked at the fact that if it is a noncontroversial nominee to a country that invests in the United States of America, that is an ambassador we need to get confirmed, and we would get this done.

Read in full here (PDF) from the Congressional Record.

 

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Did We Ship Anyone Off to Timbuktu? Who at Senior Levels Knew What and When About HRC’s Communications

Posted: 2:52 am EDT

 

The WSJ called the oldest executive agency in the union, the Department of Hillary, and accused  the entire State Department of “vigorously protecting Hillary Clinton.” It asks, “how it is that the nation’s diplomatic corps has become an arm of the Clinton presidential campaign?”

That is a sweeping accusation and we do not believe that to be true, but whether it’s true or not is immaterial. The perception is widely shared, even by reporters covering the State Department.  Our interest on HRC primarily relates to her tenure at State. We think that her management of the department — whether it relates to her email server, having a deputy chief of staff holding four jobs, special access to certain groups, operation in a bubble of mostly yes-people — was galling and distressing.  We do agree with Prof. Jonathan Turley when he writes that he “consider the decision to use exclusively an unsecure server for “convenience” to be a breathtakingly reckless act for one of the top officials in our government.”

Last month HRC was also quoted as saying, “I’m not willing to say it was an error in judgment.”

Folks will have to make up their own minds whether they agree with her or not, but the State Department is still paying a price for it. And the way this mess has been handled places at risk the institution’s deeply held tradition that the career service stay above the political fray.

The National Security Archive bluntly writes:

[T]he Federal Records Act, federal regulations on the books at the time (36 CFR 1263.22)[Official as of October 2, 2009], and NARA guidance which the State Department received (NARA Bulletin 2011-03), should have prevented Clinton’s actions, requiring her to provide “effective controls over the creation and over the maintenance and use of records in the conduct of current business”. (Read here for our analysis of why Clinton, and hundreds of others at State, including its FOIA shop and IT department, were in the wrong for not blowing the whistle on her personal email usage.) Read more here.

At some point in the near future, there will need to be a reckoning about what the senior officials, the career senior officials in Foggy Bottom knew about what during the Clinton tenure.

On Saturday, January 24, 2009 8:26 p.m. Lewis Lukens sent an email to M/Patrick Kennedy (email released via FOIA lawsuit by Judicial Watch (PDF). Lukens who was then the Executive Secretary (he was subsequently appointed US Ambassador to Senegal and Guinea-Bissau), writes, “I talked to cheryl about this. She says problem is hrc does not know how to use a computer to do email  only bb. But I said would not take much training to get her up to speed.” The email chain talks about setting up “a stand alone PC in the Secretary’s office, connected to the internet” but apparently a separate system not through the State Department system that would allow HRC to “check her emails from her desk.”

What’s the difference between using a State Department system and a stand alone system for somebody who doesn’t know how to use a computer? But more that that, we want to understand why it was necessary to set up a stand alone system. Did previous secretaries of state have their own stand alone systems? Did they have their own private email servers? Can somebody please explain why that was necessary?

This email was sent three days after HRC took the oath of office of Secretary of State (see starting page 6 below or see PDF here).

So, if they were considering setting up a stand alone PC on the 7th Floor and that did not happen, how could anyone in the top ranks of the career service not know when HRC’s people set up a private server away from the building? If they did not know, they were not doing their jobs. But if they did know, what does that mean?  Did anyone speak up and consequently suffer career purgatory? Please help us  understand how this happened. Email us, happy to chat with anyone in the know because this is giving us ulcers.

A related item about communications — in March 2009, the then Assistant Secretary for Diplomatic Security, Eric Boswell sent a memo to HRC’s Chief of Staff Cheryl Mills concerning the use of Blackberries in Mahogany Row. In that memo, also released via FOIA litigation with Judicial Watch, Boswell writes that “Our review reaffirms our belief that the vulnerabilities and risks associated with the use of Blackberries in Mahogany Row [redacted] considerably outweighs the convenience their use can add to staff that have access to the unclassified OpenNet system on their desktops. [redacted] We also worry about the example that using Blackberries in Mahogany Row might set as we strive to promote crucial security practices and enforce important security standards among State Department staff.”

The last paragraph of the memo says “If, after considering the vulnerabilities that I describe above and the alternatives that I propose, the Secretary determines that she wants  a limited number of staff to use Blackberries in Mahogany Row …. [redacted].” (See below or see PDF here)

What the  career professionals proposed can, of course, be ignored or dismissed by the political leadership. How much of it can one tolerate? Some of it, all of it?

Below is an August 30, 2011 email between then HRC deputy chief of staff Huma Abedin and Steve Mull, who we believed succeeded Lukens as Executive Secretary of the State Department. Following that assignment, he was appointed U.S. Ambassador to Poland, and last year, he was appointed Lead Coordinator for Iran Nuclear Implementation.  The Daily Caller obtained the emails through a Freedom of Information Act lawsuit filed on its behalf by Cause of Action and has reported about the emails here.  It shows the top officials who were loop in on the secretary’s communications setup, but it also points to what we suspect has always been the rationale on the server and email setup that now has consequential repercussions for the agency.  In one part of the email, the executive secretary writes, “We’re working with …. to hammer out the details of what will best meet the Secretary’s need.” (See below or see ScribD file here).

It is not surprising that the career folks worked to accommodate the needs of their principals.  We doubt anyone would last long in any assignment if they simply tell their boss blah, blah, blah can’t be done.

But — no individual in the upper ranks, career or noncareer, has so far been shown to stand up to a principal by saying “no, this is not allowed” or “this is not acceptable,” or even something like  — “this is not against the rules but it looks bad.” 

Does one draw a line between public service and service to a political leadership? Are they one and the same? What would you do?

Last September 2015, WaPo reported this:

But State Department officials provided new information Tuesday that undercuts Clinton’s characterization. They said the request was not simply about general rec­ord-keeping but was prompted entirely by the discovery that Clinton had exclusively used a private e-mail system. They also said they first contacted her in the summer of 2014, at least three months before the agency asked Clinton and three of her predecessors to provide their e-mails.
[…]
But the early call from the State Department is a sign that, at the least, officials in the agency she led from 2009 to 2013 were concerned by the practice — and that they had been caught off guard upon discovering her exclusive use of a private account.

Well, we’re sure the rank and file was caught off guard but which State Department officials were actually caught off guard? At least according to the Mull-Mills email exchange of August 2011, S/ES and M were aware of the existence of Secretary Clinton’s personal email server.

So when unnamed State Department officials talked to the Washington Post journalists last year, dammit, who did they say were actually caught off guard?

If anyone at M who has oversight over IT, Diplomatic Security, FOIA and federal records cited the Federal Records Act between 2009-2013 was shipped to Timbuktu for bringing up an inconvenient regulation, we’d like to hear about it.

Make no mistake, the perception that the Service had picked a side will have repercussions for the Foreign Service and the State Department.  If there is an HRC White House, we may see old familiar faces come back, or those still in Foggy Bottom, may stay on and on and just never leave like Hotel California.

But if there is a Trump or a Whoever GOP White House, we imagine the top ranks, and who knows how many levels down the bureaus will be slashed gleefully by the incoming administration. And it will not be by accident.

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It Took Awhile But Here It Is — Going After @StateDept OIG Steve Linick With Fake Sleeper Cells

Posted: 2:24 pm EDT

 

Politico reported on January 25 about the State Dept. watchdog tied to earlier Clinton probe.   Rep. Steve Israel (D-N.Y.), described by Politico as a Clinton ally questioned the impartiality of the State Department IG’s office. He was specifically targeting OIG Steve Linick’s senior advisor, David Seide, who according to Representative Israel: “You have a guy who used his former position to conduct a wide-ranging investigation into Mrs. Clinton that amounted to nothing, who then continues that work in the State Department. That has fingerprints on it that are just too visible and just lead to all sorts of questions.”

Excerpt below from Politico:

A lawyer overseeing investigations into former Secretary of State Hillary Clinton’s email practices has a history of tangling with the former first lady’s political operation: He was a federal prosecutor involved in a probe that led, a decade ago, to the unsuccessful prosecution of a top Clinton fundraising aide.

David Seide — now the acting senior adviser to the State Department inspector general — gathered evidence that surfaced in the case against David Rosen, the national finance director of Clinton’s 2000 Senate bid.
[…]
While Rosen’s trial was a stinging defeat for the government, after Rosen’s acquittal, the committee that arranged the 2000 gala paid a $35,000 civil penalty to the Federal Election Commission and agreed to amend the relevant campaign finance reports to acknowledge more than $721,000 in unreported spending. Such large in-kind donations to a campaign-linked fundraiser were legal at the time, but they were made illegal by the so-called soft-money ban in the McCain-Feingold law passed in 2002.
[…]
Seide appears to have close ties to State Department Inspector General Steve Linick and to DiSanto. When Linick gave up his position as IG at the Federal Housing Finance Agency to join State in 2013, Seide and DiSanto followed him to the new agency.

However, Seide’s résumé doesn’t suggest an anti-Clinton vendetta. After leaving government, he spent a year as an in-house counsel at Morgan Stanley before joining Wilmer Hale, a Washington law firm that has employed many prominent Democrats and former Clinton administration officials.

In 2002, Congress passed the Bipartisan Campaign Reform Act of 2002, better known as McCain-Feingold. The legislation made changes to the Federal Election Campaign Act of 1971 to limit the use of “soft money.”

Representative Steve Israel voted in favor of the Bipartisan Campaign Reform Act of 2002.  So he was for McCain-Feingold before he was against McCain-Feingold?  Here’s the funny thing.  According to Politico, Doug Welty, the State OIG spox said that Mr. Seide was involved in the prosecution of a case in which a Clinton donor was charged with stock fraud, but not the Rosen case.

Chill out! Those prosecutors, they all look the same, hey?

In November last year, senior Democrats also alleged a “fishy connection” between the release of Huma Abedin-related  information and Senator Grassley’s former top investigator, Emilia DiSanto, who is now the deputy inspector general at the State Department. The NYT notes that “Ms. DiSanto worked for Mr. Grassley for years; she joined the inspector general’s office in late 2013, around the time the inquiry into Ms. Abedin began.”

Ms. DiSanto, in an email, responded angrily to questions about whether there was a connection between her and the information that Mr. Grassley had received.

“Any claim that I have communicated with Senator Grassley about State Department nominations is an outright lie,” she wrote. “There is nothing ‘fishy’ about the fact that I once worked for Senator Grassley about five years ago. Indeed, it is quite common for employees of the legislative branch to join the executive branch to continue their public service.”

Senator Grassley’s inquiry originally started with the Special Government Employee (SGE) arrangement involving Human Abedin in August 2013 (see The Other Benghazi Four: Lengthy Administrative Circus Ended Today; Another Circus Heats Up). Senator Grassley said in his letter to Secretary Kerry that he made inquiries on June 13, 2013 and August 15, 2013 regarding the State Department’s use of Special Government Employee (SGE). We’re not complaining, by the way, that Senator Grassley is looking into this issue. We’d like to know how other State Department employees can get permission to hold three other jobs concurrent with their federal jobs.  Some friends have mortgages, others have kids in college, car payments, student debts, etc…. so an additional job or two would be really helpful.

In any case, Emilia DiSanto was appointed Acting Deputy IG on October 1, 2013 to succeeded Harold Geisel, the Deputy IG who served as OIG boss for the last five years while the State Department did not have a Senate-confirmed Inspector General.  Ms. DiSanto was with the Federal Housing Finance Agency-Inspector General’s Office for two years prior to her move to the State Department.

In 2004, during her work at the Senate Finance Committee, Ms. DiSanto reportedly met with Food and Drug Administration whistleblowers about their concerns that widely used antidepressants were linked to suicidal behavior among teens. According to the WSJ, the scientists told Ms. DiSanto that they believed the agency and companies were ignoring or suppressing that information. Shortly thereafter the senator held the first major congressional hearing on a drug safety issue in years.  They later turned their attention to “medical devices, specialty hospitals, the antibiotic Ketek, ghostwritten medical papers, the FDA’s criminal division, its drug division, its veterinary division and, most notably, the diabetes drug Avandia.” See more here (PDF).

In late 2005, she survived an attack by a man who repeatedly struck her with with an unidentified object believed to be a baseball bat. Reports say no evidence points to DiSanto’s work on the Finance Committee as the cause for the attack, but sources say there are a number of clues that suggest it could be since the assailant “was trying to hide his identity, wearing a hood and black gloves. He also did not make any demands before attacking the 49-year-old staffer. A working assumption among investigators is that he was waiting for her to arrive home.” She reportedly returned to work a week after her attack, and continued to work at the Senate until 2011 when she left and moved to FHFA/OIG.

David Seide was appointed Counselor to the Inspector General on October 18, 2013.  Previously, he served for almost three years as Director of Special Projects in the Office of the Inspector General of the United States Federal Housing Finance Agency.  His title was later changed to Acting Senior Adviser to the Inspector General at the State Department.

Both Ms. DiSanto and Mr. Seide worked with Mr. Linick when he was inspector general at Federal Housing Finance Agency (FHFA). We should note that they worked with the RMBS Working Group and the New York Attorney General’s Office in support of the investigation and prosecution of RMBS fraud cases. In November 2013, when all three have already moved to the State Department, their old office, FHFA/OIG with the Justice Department and other state and federal entities secured a record $13 billion global settlement with JPMorgan for misleading investors about securities containing toxic mortgages.  They did the jobs they were supposed to do there.

Now they’re doing the jobs they’re supposed to be doing at the State Department.

And some politician is trying to convinced us that they are at fault for doing their jobs by peddling “all sorts of questions” and citing  “fingerprints.”

Mr. Seide is one of the two team leaders and 10 OIG staffers who looked into the Department of State’s FOIA Processes for Requests Involving the Office of the Secretary (PDF).  Is the good congressman from New York also digging up the backgrounds of the 10 OIG staffers involved in that project? That is, by the way, a distressing report to read but nobody asked how come no one had ever done this review before? What happened to the OIG during the Clinton tenure? What’s that? There was no Senate confirmed IG during that entire tenure?

Too bad, there was no IG with major brass balls before now to look under the rugs.

We do think that the real target of these allegations of bias is Mr. Linick. Because, hey … if his closest aides are political sleeper cells, who somehow manage to lay low in the bureaucracy and a decade later they turned the screws at their first opportunities, then by golly, he must be, too!  And if you can smear the messengers badly enough, then, of course, all those reports his office issued and will issue in the future can simply be ignored or dismissed as partisan.

This is predictable babble and the good congressman from New York and friends must now find a vomitorium so they can throw up all this crap.

f791ea607711be2775df70d9287f543b160f7b76b9f250ebefa874ae9c6ee67b

 

Related items:

 

 

 

Email of the Day: The Ultimate Benghazi Conspiracy Theory, Iran-Contra/Watergate Rolled Into One

Posted: 12:25 am EDT

 

According to Sid:

“Here’s the ultimate Bengahzi (sic) conspiracy theory that wingers believe: John Brennan, without a presidential finding, at the behest of the Saudis, created a covert CIA operation at the Benghazi consulate to run arms secretly to the Syrian rebels. And the administration covered it up to protect Obama in the election. In other words, a projection of Iran-contra and Watergate rolled into one.”

Click here (PDF) for the email from foia.state.gov.

 

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Presidential Appointees With Senate Confirmation (PAS) and the Hatch Act

Posted: 12:52 am EDT

 

Via U.S. Office of Special Counsel (OSC) | Hatch Act:

 

 

The Hatch Act, a federal law passed in 1939, limits certain political activities of federal employees, as well as some state, D.C., and local government employees who work in connection with federally funded programs. ​The law’s purposes are to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation.​ Below is an excerpt from its FAQ on Presidential Appointee With Senate Confirmation (PAS):

I am an employee who was appointed by the President, by and with the advice and consent of the Senate (PAS). Am I covered by the Hatch Act?

Yes. An employee appointed by the President, by and with the advice and consent of the Senate (PAS), is subject to the provisions of the Hatch Act. However, certain PAS’s are not subject to the Act’s prohibition against engaging in political activity while on duty, in a federal room or building, wearing an official uniform or insignia, or using a government vehicle. To be exempt from this prohibition, a PAS must meet all of the following criteria:

1) the duties and responsibilities of his position must continue outside normal duty hours and while away from the normal duty post;

2) his position must be located within the United States; and

3) he must determine policies to be pursued by the United States in relations with foreign powers or in the nationwide administration of federal laws.

If a PAS meets all these criteria, he is not prohibited from engaging in political activity while on duty, in a federal room or building, wearing an official uniform or insignia, or using a government vehicle, provided the costs associated with the political activity are not paid for by money derived from the Treasury of the United States. However, the PAS remains subject to all the other prohibitions of the Hatch Act, and thus, may not: use his official authority or influence for the purpose of interfering with or affecting the result of an election; knowingly solicit, accept, or receive a political contribution from any person; be a candidate for public office in a partisan election; or knowingly solicit or discourage the political activity of any person who has business before the employee’s employing office.​​​

I am an employee who was appointed by the President, by and with the advice and consent of the Senate (PAS). Does the exemption from the Hatch Act’s prohibition against engaging in political activity while on duty, which applies to me, also apply to my staff?

No. Assuming a Presidential appointee with Senate confirmation (PAS) meets the criteria outlined in the answer to the previous question, he—but only he—may engage in political activity while on duty, in a government room or building, wearing an official uniform or insignia, or using a government vehicle, so long as, the costs associated with the political activity are not paid for by money derived from the Treasury of the United States. The appointee’s staff, however, is not subject to this exemption. Therefore, the appointee’s staff members are still prohibited from engaging in political activity while on duty, in a federal room or building, wearing an official uniform or insignia, or using a government vehicle.​​

May an Presidential appointee with Senate confirmation (PAS), ask his chief of staff (or any other subordinate employee) to contact and/or liaise with a political party to find out where, or if, the party needs the PAS’s help?

No. The Hatch Act prohibits federal employees, including PAS’s, from soliciting or accepting uncompensated volunteer services for any political purpose from an individual who is a subordinate. 5 C.F.R. §§ 734.302(b)(3)​734.303(d)​​. Thus, the Act prohibits a supervisor from asking subordinate employees to contact a political party to inquire about opportunities for the PAS to assist the party.​​​

Click here for the printable FAQ (PDF). OSC also issues advisory opinions to persons seeking advice about their political activity under the Hatch Act. Individuals or their legal representatives may request an opinion about their own political activity. E-mail: hatchact@osc.gov.

 

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Related post:

Eight days till election day – do you know your Hatch Act Rules?

Meet John Doe, an Iraqi Refugee Who Works For Uncle Sam, and Still Waiting For Resettlement in the Home of the Brave

Posted: 3:01 am EDT

 

In the aftermath of the Paris attacks, opposition is growing in the U.S. to the Obama administration’s plans to admit up to 10,000 refugees from Syria’s civil war. Below via the Pew Research’s Fact Tank:

A new Bloomberg Politics poll found that 53% of Americans don’t want to accept any Syrian refugees at all; 11% more would accept only Christian refugees from Syria. More than two dozen governors, most of them Republicans, have said they’ll oppose Syrian refugees being resettled in their states. And on Thursday the House of Representatives passed a bill blocking the admission of Syrian and Iraqi refugees unless they pass strict background checks.

According to the Washing Examiner, under the legislation, no Syrian or Iraqi refugee would be admitted into the United States until the nation’s top federal law enforcement officials certify that they do not pose a safety or terrorism threat.

Now this …

 

The GOP candidates appear to be in a parallel race on who can put out the most dehumanizing idea when talking about refugees: spoiled milk, rabid dogs, Muslim database, special IDs, ending housing assistance, etc. What’s next?

We will remember this week as that time when the 2016 presidential campaigns have gone heartless for the win.

Here’s one story that might give folks a glimpse of how lengthy, and how convoluted is the USG refugee process.

On November 3, 2015, Judge Richard W. Roberts allowed John Doe, an Iraqi refugee to file his complaint under a pseudonym in the District Court of the District of Columbia:

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According to court documents, John Doe voluntarily assisted with the U.S.-led reconstruction efforts following the withdrawal of U.S. troops in Iraq, and has received numerous recommendations for his work in connection with those efforts.  But this assistance has come at a significant cost to John Doe and his loved ones. Because of his work, John Doe is a target for those who seek to intimidate, harm, and kill those who have assisted the U.S. in its reconstruction efforts.

Court documents also say that John Doe served as a Provincial Model Clinic Support Coordinator in a USAID funded program. As part of his service, John Doe reportedly worked to improve access to primary health care in and around Kirkuk, Iraq by coordinating health clinics, training clinic staff, and conducting health surveys. Since October 2014, John Doe has served as a Senior Medical Officer at another USAID-funded projects. As part of his service, John Doe’s reported responsibilities include planning, development, implementation, oversight, monitoring, and reporting for two projects: static, camp-based medical clinics and mobile medical units that move throughout displaced populations in and around Erbil.

John Doe is an Iraqi citizen currently residing in Erbil, Iraq. For over two years, since fleeing to Erbil, John Doe has worked for programs funded by USAID in furtherance of the U.S.-led reconstruction efforts following the withdrawal of U.S. troops from Iraq. During this time, John Doe has risked his life alongside U.S. personnel to rebuild Iraq’s infrastructure. By helping with the U.S. reconstruction efforts, John Doe has knowingly placed himself, his wife, and his small child in danger. If John Doe’s service to the United States were to become fully known in Iraq, he would likely be killed by persons opposed to the United States and to the Iraqis who have assisted the United States.

He applied as a refugee in 2010:

John Doe first sought protection from the U.S. Government through his application for emigration to the United States with the U.S. Refugee Admissions Program (USRAP).

On April 8, 2010, John Doe requested to be added to his sister’s USRAP application out of fear for his own safety after members of his family were threatened and physically assaulted because of their work for the U.S. Government. John Doe provided all necessary documentation and took all steps necessary for his USRAP application, including attending his Department of Homeland Security (DHS) interview. On September 22, 2010, he was notified that his case was deferred and would continue to be processed. Despite continued assurances that his case is being processed, John Doe has yet to receive a decision on his USRAP application. As of the filing of this complaint, it has been over five years and four months since John Doe first submitted his USRAP application. Over five years have elapsed since John Doe attended his DHS interview. In addition, it has now been over four years and eleven months since John Doe was notified that his application was deferred for further processing.

He also applied under the Special Immigrant Visa (SIV) program in 2012:

Finding himself with a deferred USRAP application and with no indication that he would receive a timely response to the application, John Doe sought to avail himself of the protections offered by the SIV program. On August 11, 2012, John Doe’s wife submitted on behalf of herself and John Doe all documents needed to obtain Chief of Mission Approval (COM Approval). COM Approval was granted on June 17, 2013, and John Doe submitted all necessary documentation for the SIV application (the SIV Application) on August 15, 2013. On November 19, 2013, John Doe attended his visa interview at the U.S. Embassy.

As of the filing of this Complaint, it has been over three years since John Doe first filed his papers for COM Approval. Over two years have elapsed since John Doe submitted his SIV Application materials. In addition, it has now been over one year and nine months since John Doe completed his interview, the final step in his application process.

John Doe has exhausted efforts to work with Defendants to receive a timely decision on his SIV Application. Following repeated requests for information concerning his application, John Doe has been told by the U.S. Embassy on several occasions that his case remains in “additional administrative processing” and that no estimate of how long it will take to complete such processing can be provided.

Defendants’ substantial delay in processing John Doe’s SIV Application is not only unreasonable, but egregious-particularly given the dangerous situation faced by John Doe. Each day that John Doe remains in Iraq leaves him in mortal danger. This danger increases by the day as the security situation in Iraq deteriorates. Additionally, John Doe’s wife and child who have been issued SIVs-plan to travel to the United States on October 5, 2015 in advance of the November 4, 2015 expiration of their visas. By failing to make a decision on John Doe’s SIV application, Defendants have created another hardship for John Doe in forcing him to be left behind and separated from his wife and young child.

The court filing says that given the urgency of John Doe’s situation, and because Defendants have been unresponsive to John Doe’s repeated requests that his SIV Application be decided, John Doe has no choice but to seek relief from this Court compelling Defendants to adjudicate his SIV application.

If this is what happened to an Iraqi refugee who helped with USG reconstruction efforts in Iraq, what can other Iraqi and Syrian refugees expect with their resettlement hope in the United States?

And since you’ve read this far, do read Phil Klay’s response to the refugee crisis.  He  served with the U.S. Marines in Iraq during the 2007 and 2008 surge. He is the author of Redeployment, which won the National Book Award for fiction in 2014. He tweeted his powerful reaction to the congressional news today. In one of them Klay wrote, “It’s only during frightening times when you get to find out if your country really deserves to call itself the ‘home of the brave.'”

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Ladies & Gentlemen, Your Next Ambassadors to the Best of Europe

Posted: 1:40 am EDT

 

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