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

Posted: 12:40  am EDT

 

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

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

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

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

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

Posted: 2:13  pm PDT

 

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

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

Here are the tweets from July 24:

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The report from the NYT includes the following:

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

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

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

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

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

Today:

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

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

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

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

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

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

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Ex-Gov Who Wanted Ambassadorship to India Just Got 5 of 18 Counts Thrown Out by Appeals Court

Posted: 12:24 am EDT

 

In December 2008, then Illinois Gov. Rod Blagojevich and his chief of staff, John Harris, were arrested for what U.S. Atty. Patrick Fitzgerald called a “political corruption crime spree” that included attempts to sell the U.S. Senate seat vacated by President-elect Barack Obama.  He was accused of talking on FBI recordings about plotting to extract a $1.5 million campaign contribution from U.S. Rep. Jesse Jackson Jr.—in exchange for appointing Jackson to Obama’s vacated seat. Via Politico:

A federal criminal complaint detailed Blagojevich’s attempt to cash in on his power to appoint Obama’s replacement by first attempting to arrange a presidential cabinet appointment. When that failed, Blagojevich hoped for an ambassadorship.

Specifically, India or South Africa …er, no, India.

Via Lapham's Quarterly

Via Lapham’s Quarterly

Just to show how little Blago and his chief of staff knew about the diplomatic service. Blagojevich in one recording says, “How much would you think a position like that would pay? I mean, again, this requires a lot of travel, it’s a lot of work. A reasonable…”  The chief of staff responds, “Well, I mean you’d get an expense account. So it’s not all in pay.”

In 2015, the caps for Senior Foreign Service pay is between $172,074 – $183,300. He would have received hardship and COLA differentials. They’re currently 20% + 10% respectively of basic pay for FS employees assigned in New Delhi. The ambassador’s expense account? Teh-heh! Best read Bloomberg’s The Economics of Being a U.S. Ambassador.

Poor sod probably did not realize that the Indian monsoon would also ruin his properly combed hat.

In any case, for those who were hoping that Blago’s case would temper similar arrangements in the future will be disappointed. On June 22, the United  States  District  Court  for  the Northern  District  of  Illinois dismissed five of the 18 counts and ordered that the former governor be resentenced. Below is an excerpt from the Appeals Court ruling dated July 21, 2015.

Blagojevich now asks us to hold that the evidence is insufficient to convict him on any count. The argument is frivolous. The evidence, much of it from Blagojevich’s own mouth, is overwhelming. To the extent there are factual disputes, the jury was entitled to credit the prosecution’s evidence and to find that Blagojevich acted with the knowledge required for conviction.

But a problem in the way the instructions told the jury to consider the evidence requires us to vacate the convictions on counts that concern Blagojevich’s proposal to appoint Valerie Jarrett to the Senate in exchange for an appointment to the Cabinet. A jury could have found that Blagojevich asked the President-­‐‑elect for a private-­sector job, or for funds that he could control, but the instructions permitted the jury to convict even if it found that his only request of Sen. Obama was for a position in the Cabinet. The instructions treated all proposals alike. We conclude, however, that they are legally different: a proposal to trade one public act for another, a form of logrolling, is fundamentally unlike the swap of an official act for a private payment.

Because the instructions do not enable us to be sure that the jury found that Blagojevich offered to trade the appointment for a private salary after leaving the Governorship, these convictions cannot stand. Compare Yates v. United States, 354 U.S. 298 (1957), and United States v. Rivera Borrero, 771 F.3d 973 (7th Cir. 2014), with Griffin v. United States, 502 U.S. 46 (1991). (Perhaps because the jury deadlocked at the first trial, the United States does not seriously contend that any error was harmless; a one-­line statement in the brief differs from an argument. Cf. Hedgpeth v. Pulido, 555 U.S. 57, 60–62 (2008) (an error of this kind is not “structural”).)

McCormick describes the offense as a quid pro quo: a public official performs an official act (or promises to do so) in exchange for a private benefit, such as money. See also United States v. Sun-­Diamond Growers of California, 526 U.S. 398, 404– 05 (1999); United States v. McDonnell, 2015 U.S. App. LEXIS 11889 (4th Cir. July 10, 2015). A political logroll, by contrast, is the swap of one official act for another. Representative A agrees with Representative B to vote for milk price supports, if B agrees to vote for tighter controls on air pollution. A President appoints C as an ambassador, which Senator D asked the President to do, in exchange for D’s promise to vote to confirm E as a member of the National Labor Relations Board. Governance would hardly be possible without these accommodations, which allow each public official to achieve more of his principal objective while surrendering something about which he cares less, but the other politician cares more strongly.

A proposal to appoint a particular person to one office (say, the Cabinet) in exchange for someone else’s promise to appoint a different person to a different office (say, the Senate), is a common exercise in logrolling. We asked the prosecutor at oral argument if, before this case, logrolling had been the basis of a criminal conviction in the history of the United States. Counsel was unaware of any earlier conviction for an exchange of political favors. Our own research did not turn one up. It would be more than a little surprising to Members of Congress if the judiciary found in the Hobbs Act, or the mail fraud statute, a rule making everyday politics criminal.

Let’s work this through statute by statute. Section 1951, the Hobbs Act, which underlies Counts 21 and 22, forbids interference with commerce by robbery or extortion. Blagojevich did not rob anyone, and extortion, a defined term, “means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right” (§1951(b)(2)). The indictment charged Blagojevich with the “color of official right” version of extortion, but none of the evidence suggests that Blagojevich claimed to have an “official right” to a job in the Cabinet. He did have an “official right” to appoint a new Senator, but unless a position in the Cabinet is “property” from the President’s perspective, then seeking it does not amount to extortion. Yet a political office belongs to the people, not to the incumbent (or to someone hankering after the position). Cleveland v. United States, 531 U.S. 12 (2000), holds that state and municipal licenses, and similar documents, are not “property” in the hands of a public agency. That’s equally true of public positions. The President-­elect did not have a property interest in any Cabinet job, so an attempt to get him to appoint a particular person to the Cabinet is not an attempt to secure “property” from the President (or the citizenry at large).

Sekhar v. United States, 133 S. Ct. 2720 (2013), shows that the phrase “obtaining of property” in the Hobbs Act must not be extended just to penalize shady dealings. Sekhar holds that a recommendation about investments is not “property” under §1951(b)(2) for two principal reasons: first, in the long history of extortion law it had never before been so understood (similarly, political logrolling has never before been condemned as extortion); second, the making of a recommendation is not transferrable. The Court restricted “property” to what one owner can transfer to another. By that standard a job in the Cabinet (or any other public job) is not “property” from the employer’s perspective. It is not owned by the person with appointing power, and it cannot be deeded over. The position may be filled by different people, but the position itself is not a transferrable property interest. A position is “held” or “occupied” but not “obtained,” and under Sekhar something that cannot be “obtained” also cannot be the subject of extortion.

Section 666, the basis (through a conspiracy charge) of Count 23, forbids theft or bribery in publicly funded programs (of which the State of Illinois is one). Count 23 relies on §666(a)(1)(B), which makes it a crime for an agent of a covered organization to solicit “corruptly … anything of value” in connection with a transaction worth $5,000 or more. “Corruptly” refers to the recipient’s state of mind and indicates that he understands the payment as a bribe or gratuity. United States v. Hawkins, 777 F.3d 880, 882 (7th Cir. 2015). It would not be plausible to describe a political trade of favors as an offer or attempt to bribe the other side.

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So if a Governor appoints someone to a public commission and proclaims the appointee “the best person for the job,” while the real reason is that some state legislator had asked for a friend’s appointment as a favor, then the Governor has committed wire fraud because the Governor does not actually believe that the appointee is the best person for the job. That’s not a plausible understanding of §1346, even if (as is unlikely) it would be valid under the First Amendment as a criminal penalty for misleading political speech. And no matter what one makes of the subject, the holding of Skilling v. United States, 561 U.S. 358 (2010), prevents resort to §1346 to penalize political horse-­trading. Skilling holds that only bribery and kickbacks violate §1346. So unless political logrolling is a form of bribery, which it is not, §1346 drops out.

The prosecutor insists, however, that Blagojevich’s situation is different and uncommon because he sought a post in the Cabinet for himself. It isn’t clear to us that this is unusual. The current Secretary of State was appointed to that position from a seat in the Senate, and it wouldn’t surprise us if this happened at least in part because he had performed a political service for the President. Ambassadors, too, come from the House or Senate (or from state politics) as part of political deals.

Some historians say that this is how Earl Warren came to be Chief Justice of the United States: he delivered the California delegation at the 1952 Republican convention to Eisenhower (rather than Senator Taft) in exchange for a commitment to appoint him to the next vacancy on the Supreme Court.

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If the prosecutor is right, and a swap of political favors involving a job for one of the politicians is a felony, then if the standard account is true both the President of the United States and the Chief Justice of the United States should have gone to prison. Yet although historians and political scientists have debated whether this deal was made, or whether if made was ethical (or politically unwise), no one to our knowledge has suggested that it violated the statutes involved in this case. (Whether it might have violated 18 U.S.C. §599, and whether that statute is compatible with the First Amendment, are issues we do not address.)

Read in full here (pdf).

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U.S. Senate Confirms Two Ambassadors and 6 Foreign Service Lists Before Memorial Day Break

Posted: 2:46 am EDT

 

The U.S. Senate was burning the midnight oil Friday night working on S.1357, the FISA extension and managed to also confirmed by voice vote the nominations of our next ambassadors to Mali and Costa Rica before dawn May 23rd; they were just two of the seven nominees waiting for a full Senate vote.

The Senate now stands adjourned (except for pro forma sessions) until 4:00pm on Sunday, May 31, 2015. Roll call votes are possible after 6:00pm during Sunday’s session but that’s it for now until after the break.  Senate will resume consideration of the motion to proceed to H.R.2048, the USA Freedom Act upon its return.

Here are the two ambassadors lucky enough to make it through the Senate obstacle course and who can now pack their bags and household effects after a wait of 7-10 months.

Paul A. Folmsbee, of Oklahoma, 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 Mali. (Folmsbee, Paul A. – Republic of Mali – October 2014)

Paul A. Folmsbee, a career member of the Senior Foreign Service, class of Minister-Counselor, currently serves as Executive Director, Bureau of African Affairs in the Department of State. Known as a talented leader and manager, he has served with distinction in many of our nation’s most demanding positions and challenging posts. Mr. Folmsbee’s excellent communication skills and experience building inter-agency teams and will serve him well as Chief of Mission in Mali.

Previously, Mr. Folmsbee served as the Senior Civilian Representative for Regional Command East, Afghanistan (embedded with the 1st Cavalry at Bagram) (2011-2012), Consul General, Consulate Mumbai, India (2008-2011), Provincial Reconstruction Team Leader, Sadr City / Adhamiya in Baghdad, Iraq (embedded with the 2/82 Airborne) (2007-2008), Director of International Narcotics and Law Enforcement Affairs, Embassy Islamabad, Pakistan (2006-2007), Management Officer, Embassy Port-au-Prince, Haiti (2003-2006), Management Officer, Embassy Dar es Salaam, Tanzania (2000-2003), General Services Officer, Embassy La Paz, Bolivia (1997-2000), General Services Officer, Embassy Colombo, Sri Lanka (1995-1997), Management Officer, Embassy Libreville, Gabon (1992-1995), Area Management Officer, Bureau of Western Hemisphere Affairs, Department of State, (1990-1992), General Services Officer, Embassy Nairobi, Kenya (1987-1989), and General Services Officer, Mission to the Arms Control and Disarmament Agency, Geneva, Switzerland (1985-1987).

Mr. Folmsbee earned a B.A. in Political Science from Tabor College in Hillsboro, Kansas in 1982, a M.A. in Social Anthropology from the University of Oklahoma, Norman, Oklahoma in 1985 and was issued a pilot’s license in 1978 by the FAA after studying aviation at Embry-Riddle Aeronautical University. He is the recipient of five Department of State Superior Honor Awards, five Meritorious Honor Awards and a medal from the Polish Government for service in Afghanistan working with Polish troops. He speaks French and Spanish.

Stafford Fitzgerald Haney, of New Jersey, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Costa Rica. (Haney, S. Fitzgerald – Republic of Costa Rica – July 2014)

S. Fitzgerald Haney is a Principal and Director of Business Development and Client Service (Europe, Middle East and Africa), Pzena Investment Management, New York, New York. Known as a talented international businessman and manager, he has many years of experience serving in senior-level marketing, financial services and manufacturing positions across Latin America. A proven leader with extensive international experience, Mr. Haney will bring essential skills to the task of furthering bilateral relations with the Government of Costa Rica, a key U.S. partner in Latin America and within the Organization of American States.

Previously, Mr. Haney served as Senior Vice President, Ethnic Consumer Products, International Discount Telecommunications (IDT), Newark, New Jersey (10/2006-02/2007), Director, Strategic Planning, Depository Trust and Clearing Corporation, New York, New York (12/2002- 09/2006), Senior Associate, Israel Seed Partners, Jerusalem (09/1999-06/2001) and Vice President, Marketing and Strategic Planning, Citibank, Mexico City, and Monterrey, Mexico (07/1997-02/1999). He held positions with Pepsico Restaurants International (07/1993-07/1997), including Marketing Director, Sao Paulo, Brazil, Senior Marketing Manager, Mexico and Central America, Mexico City, Mexico and Marketing Manager, San Juan, Puerto Rico. He was Assistant Brand Manager, Procter and Gamble, San Juan, Puerto Rico (07/1991-07/1993). He served as Appointed Member, City of Englewood Planning Board and Board of Adjustment, Englewood, New Jersey (12/2004-12/2008).

Mr. Haney earned a B.S. in international economics and a M.S. with distinction in international business and diplomacy from Georgetown University School of Foreign Service, Washington, D.C., 1986-1991. He was the recipient of the Brunswick-Hanigan Scholarship, the Dean’s Award for Academic Excellence and Distinction in Oral Examination at Georgetown University and is a Member of the National Jesuit Honor Society. He speaks Spanish, Portuguese, Hebrew and Conversational French.

 

The Senate also confirmed six Foreign Service lists which include the names of  about 600 nominees.

2015-05-23 PN72-3 Foreign Service | Nomination for Douglas A. Koneff, which nomination was received by the Senate and appeared in the Congressional Record on January 13, 2015. (It looks like three names have been removed from this list and those FSOs remain stuck in the Senate).

2015-05-23 PN259 Foreign Service | Nomination for Judy R. Reinke, which nomination was received by the Senate and appeared in the Congressional Record on March 4, 2015.

2015-05-23 PN260 Foreign Service | Nominations beginning Brian C. Brisson, and ending Catherine M. Werner, which 56 nominations were received by the Senate and appeared in the Congressional Record on March 4, 2015.

2015-05-23 PN368 Foreign Service | Nominations beginning Peter J. Olson, and ending Nicolas Rubio, which 3 nominations were received by the Senate and appeared in the Congressional Record on April 15, 2015.

2015-05-23 PN369 Foreign Service | Nominations beginning Craig A. Anderson, and ending Henry Kaminski, which 346 nominations were received by the Senate and appeared in the Congressional Record on April 15, 2015.

2015-05-23 PN370 Foreign Service | Nominations beginning Anthony S. Amatos, and ending Elena Zlatnik, which 212 nominations were received by the Senate and appeared in the Congressional Record on April 15, 2015.

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Congress Threatens to Benghazimazi State Dept Funding Over Clinton Emails

Posted: 1:01 am EDT

 

First, the State Department told the court that the Clinton emails won’t be released until next year.

But US District Court Judge Rudolph Contreras rejected the proposal and ordered to State Department to get on with it on a rolling basis.

And then — oh, look!


According
to NYT, here’s what happened:

In the five-minute session with reporters, Mrs. Clinton also addressed questions about her exclusive use of a personal email address while at the State Department, saying she wanted the department to release the emails she had sent and received from her private account sooner rather than the estimated release in January 2016.

“They belong to the State Department, so the State Department has to go through its process,” Mrs. Clinton said. “But as much as they can expedite the process, that’s what I’m asking them to do.”

Because Mrs. Clinton exclusively used a personal email account while at the State Department, much of her correspondence has been shielded from federal records requests, creating a firestorm from Republicans investigating her handling of the 2012 attack on the United States mission in Benghazi, Libya.

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Someday, somebody will helpfully calculate the labor cost of 12 employees doing this for 5 weeks; something that could have been avoided if the responsible people were doing their jobs responsibly in the first place.

In any case, Congress has now threatened to benghazimazi the State Department funding, not all of it, just some, of course. Rep. Kay Granger (R-Texas), chairwoman of the House Appropriations subcommittee that oversees funding for State and foreign aid told The Hill that funding could be withheld from the agency’s programs and efforts “unless it relates to our own national security or our allies.” According to The Hill, GOP sources said divisions such as Legislative Affairs and Public Affairs and the Office of the Secretary could be affected.  Whether this would be a tame who will blink first contest or a real pissing contest, remains to be seen.

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Also, on May 21st, this happened:

About 350 pages of the Clinton emails obtained by The New York Times and now available online, represent about a third of the roughly 850 pages of emails from Secretary Clinton’s personal account that have been turned over to the Select Committee on Benghazi. The emails seemed to be all Sid, Sid, Sid, but there are also emails from the former Ambassadors to Libya, Chris Stevens (p.116, p.138, p.341) and Gene Cretz (p.70, p.346), former A/S for NEA Jeff Feltman (p.68, p.71), Cheryl Mills, State Department management go-to guy, Pat Kennedy (p.330), among others.  Click here to read it or download the pdf file here.

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Marco Rubio Borrows Liam Neeson’s Strategery — Hunt, Find, Kill. Rinse and Repeat ∞

Posted: 11:24 pm EDT

 

We could not stop watching this gem.  We would like to suggest that the good senator hire a dramatic coach. His tone is just not/not menacing enough. And the delivery is lacking some … some real  habanero.   We tried to imagine this on a SOTU address and it’s just … no, can’t do.  Frankly, we don’t scare easily. And if he can’t scare us enough, how will he scare the living daylights out of global jihadists and terrorists? Attention @FearDept, more help over there!

 

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AFSA Election Gets Weird But Why You Still Need to Rock The Vote

Posted: 11:36 am EDT
Updated: 8:43 pm EDT
Updated: May 8, 10:57 am PST

 

This is part 1 of a series of posts we hope to do during this election cycle.  The 2015-2017 AFSA Governing Board elections are currently underway.  The AFSA Governing Board Election Campaign Messages were sent out on April 14.  AFSA’s election page says that the ballots and candidate statements were mailed on April 15, 2015. The ballots will be counted on June 4.  AFSA members (numbering over 16,000) have over six weeks just four weeks now to cast their ballots.

Below is a breakdown of AFSA members by constituency (dark blue) against total FS numbers (red). The dark blue shade in the pie charts constitute AFSA members.  The light blue are the members of the FS who are not union members. So for example, there are 13,984 active FS (State) personnel of which 10,664 are voting members of AFSA. If we add all the top numbers in dark blue, the numbers would total 16,207 AFSA members against the FS population of 32,012. A significant number of retirees are non-members of AFSA.

via AFSA 2014 Annual Report

via AFSA 2014 Annual Report (click image to see larger view)

 

So we went and looked at AFSA’s ballots page three days ago and we saw the following notice which left us scratching our head. AFSA members are notoriously hard to round up when it comes to casting their ballots. If there is already low turnout when paper ballots are mailed, how much lower can it potentially get if you leave it to members to request their ballots?  So we sent AFSA’s election committee an email asking if members, as the “click here to get your ballot” sign indicates, had to request their ballots before they get sent one.

Screen Shot 2015-05-03 at 3.41.40 PM

May 3, 2015 3:41 PM (click for larger view)

 

On May 6th, we heard back from AFSA:

The information you may have received is incorrect so I am happy to help clarify. Members do not have to request a ballot in order to participate. Online voting instructions were mailed to all voting members of AFSA for whom we have a valid email address on Wednesday, April 15, 2015. Retirees were mailed a printed ballot in addition to the online voting instructions and may select the most convenient voting method. Members may request a replacement ballot by “clicking here” on the AFSA website. In order to vote members needed to be members in good-standing by March 16th.

In 2012, AFSA membership approved the bylaw referendum to allow for introduction of “online ballots” and we amended our bylaws correspondingly. AFSA moved to a hybrid (both paper and online voting) Governing Board election in 2013 to increase voter turnout, which in the event was the result. In 2015, the Committee on Elections decided to mail all retirees printed ballots, in addition to the online voting option, in order to increase the effort of encouraging voter participation. AFSA does not have email addresses for all retirees, as some of our retired members simply do not have email addresses. All members, who have not yet voted, receive periodic reminders to cast their ballots. The AFSA Committee on Elections and the current AFSA Governing Board are committed to increasing voter participation.

For additional information on the 2015-2017 AFSA Governing Board and Bylaw Amendment elections, please visit the AFSA elections page.

So two things from this response:

1) Active Foreign Service members were not mailed printed ballots but only provided online voting instructions. “Online voting instructions were mailed to all voting members of AFSA for whom we have a valid email address on Wednesday, April 15, 2015″

2) Retired Foreign Service members were mailed both printed ballots and instructions for online voting: “Retirees were mailed a printed ballot in addition to the online voting instructions and may select the most convenient voting method.”

Bonus point:  AFSA’s click here to get your ballot” notice has now been updated to say “when requesting a replacement electronic or printed ballot.”

“The information you may have received is incorrect …” does not cut it when there is a screen capture of what was actually posted online.  AFSA makes no claim that the notice was inadvertently done or a mistake, it simply changed it quietly and did not respond to our follow-up questions on this specific subject.

UPDATE: AFSA sent us a confirmation on #1 and #2 above and added this:

The AFSA staff added the word “replacement” to the website on Monday or Tuesday to reduce any confusion on behalf of visitors to the site who wonder, as you did, if they could vote. There was no change to the email address provided, only an attempt to clarify the voting eligibility. Those that contact the Committee on Elections at election@afsa.org are carefully vetted to ensure they were members in good standing by March 16th as indicated in the elections webpage)… 

Screen Shot 2015-05-06 at 8.15.51 PM

May 6, 2015 8:15 PM (click for larger view)

AFSA also said that “In 2015, the Committee on Elections decided to mail all retirees printed ballots, in addition to the online voting option, in order to increase the effort of encouraging voter participation.”

Hookay, Let’s Talk Voter Turnout

In 2009, AFSA had 13,905 dues-paying members and 23.91% of the membership voted.  Here’s a recap from our blogpost on the 2009 AFSA election:

Active-duty State employees are the largest voting bloc in AFSA at 63.3% of the total membership. In this election, State employees account for 1,459 of the total votes or 43% of the votes counted. However, 1,459 votes out of approximately 8,801 due-paying members amount to only 16.57% of this constituency. In short – only slightly more than 15% of active-duty State AFSA members sent in their votes.

Retirees are the second largest constituents of AFSA at 26.4% of the total membership. In this election, AFSA retirees account for 1,568 of the total votes or 47% of the votes counted. However, 1,568 retiree votes out of approximately 3,670 dues-paying retiree members amount to 42% of this constituency. In short – almost half the total AFSA retiree members sent in their votes.

Also read this: AFSA: Why Some Game Changers Are Needed Sooner Not Later

In the 2011 election,  the AFSA website indicates dues-paying members of over 15,000.   Only about 17% of the members voted in that 2011 DOL-OLMS-supervised election.  

In 2013 about 22% of AFSA members cast their ballots. Most candidates ran unopposed. The top two candidates for State Vice President were separated by a mere 97 votes.

We’ve asked AFSA for election stats in the last four AFSA elections: 2007, 2009, 2011, 2013 but we have not heard anything back. We only have the breakdown of the election turnouts by constituency in the 2009 election. Retired SFSO David Jones who did an autopsy of the 2009 election did write that the turn out for the 2007 election was 20%.

So the 2009 election had the highest turn out in the last four AFSA elections.  In that contested election, 16.57% of active duty FS members voted while 42% of retired FS members voted.

UPDATE:  With regards to the election stats, AFSA told us, “We do not publish election statistics on the AFSA website, nor do we provide that information to anonymous sources.” 

Whoopsie!  Hey, quit laughing over there. This is rather laughable. Because … why not? What legitimate reason is there for the election statistics not to be public record? Shouldn’t AFSA membership learn what kind of turnouts they have every election? Wouldn’t drilling down the numbers help with voter engagement?  Maybe we should sign-up again for membership just so we can ask for it?

You Go, Rock the Vote!

Unless the voting trend had significantly changed in the 2011 and 2013 elections, retired FS members actually vote in larger numbers than active duty FS members. Since AFSA wants to improve voter participation, wouldn’t it make more sense to give active FS members both paper and electronic voting options  just like retired members? Afterall, over 80% of active FS members do not vote in these elections.

Mr. Jones wrote of the retiree voting bloc: “AFSA remains a bifurcated organization.  It is hardly a harbinger for effective action as an exclusive bargaining agent when Retirees vote more heavily than active duty personnel.  That some of our “best and brightest” are so indifferent says more about AFSA than about the FS community.”

This is not to say that retirees should not have a voice in the direction of the organization or that AFSA should not seek to improve voter participation.

Yes, we sound like a broken record but  —  the active members of the Foreign Service, as the largest voting bloc and as the folks who have been repeatedly deployed to warzones, hardship/unaccompanied and dangerous assignments in the last decade, and who will continue to deploy to increasingly challenging assignments in the years ahead — they need to have their voices heard in a stronger collective voice.  And – they won’t have their voices heard unless the active Foreign Service members, participate in greater number in the process of picking their own representatives.

So we are urging active FS members who read this blog to not just vote, but vote and commit to improving voter participation this election cycle.  Fill out and mail your ballot, then reach out to two colleagues to remind them to fill out and cast their ballots.

What these elections show is that even if only 22% of the membership cast their ballots every two years, AFSA still operates as the professional association and recognized labor union of 100% of its Foreign Service members. In essence, the priorities of 1/5 of its membership, the minority who actually votes, becomes the priorities for all, including the majority who doesn’t.

Next:  A Most Polite Campaign, and The Questions  Not Asked  … or something like that.

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Related posts:

What About American Ambassadors? The Next President Will Not Nominate a Super PAC as Ambassador

Posted: 1:53 am EDT

 

The 2016 presidential election is some 18 months away. Some folks who are hoping to land a gig at some of our European embassies are expecting to get busy just about now. About 2/3 of all ambassadorial appointments will go to career diplomats but about a third will still go to top supporters of the winning candidate, most of them heavy lifters when it comes to rounding up funds to help get their candidate elected.  That’s not going to end anytime soon. See list of Obama Bundlers via OpenSecrets. Click here for Obama’s ambassadors during his first term, click here for the current appointees.  Click here for George W. Bush’s Pioneer Fundraisers who got similar appointments.  @PhilipArsenault has the breakdown of appointments for both presidents, both terms here.

In any case — apparently, the not quite so rich has a new lament this election cycle. “Who needs a bundler when you have a billionaire?” One fundraiser interviewed on WaPo says“Bundlers felt they were part of the process and made a difference, and therefore were delighted to participate. But when you look at super-PAC money and the large donations that we’re seeing, the regular bundlers feel a little disenfranchised.” All that money is moving the ground under their feet, and disrupting the status of the new incarnation of rangers, pioneers, and bundlers.

It is highly unlikely that the next President of the United States will appoint Super-PACs as ambassadors to Paris, London, Madrid or Brussels, etc.. So folks, calm down! While waiting for the call, folks should gear up learning about what American ambassadors do.  Oh, interested individuals also need to figure out which posts to avoid for various reasons.  It could be that the official ambassador residence is too small, or smaller than the house the appointee is accustomed to, or too old, or needs a new roof, or new paint, or new floors, or has bad toilets (and new appointee ends up supervising repairs and all that).  So put that on the to-do list but for now, an excellent book to read is Ambassador Dennis C. Jett’s book, American Ambassadors, The Past, Present and Future of American Diplomats, because it’s delightful and informative and everyone should know what he/she is getting into.  Also mark your calendars; the author will be giving a talk on the book at AFSA on June 11th from 2:00 to 3:30 pm.  Many thanks to Ambassador Jett and Palgrave Macmillan’s Claire Smith for permission to share an excerpt from the book with our readers.

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Dennis C. Jett, American Ambassadors, Published 2014. Copyright© Dennis C. Jett, 2014 [First Published in 2014 by Palgrave Macmillan ®] reproduced with permission of Palgrave Macmillan.

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On the face of it, the first ambassador for whom I worked seemed perfect for the job. If the director of a movie called up central casting and told them to send over actors to audition for a role as an ambassador, he would have been a shoo-in for the part. He had, in fact, been an actor, costarring in movies with Marlene Dietrich and Shirley Temple. He had also been a successful politician, elected to Congress twice and as governor of Connecticut. The Connecticut Turnpike is named after him.

He came from a wealthy and illustrious lineage—his family included a senator, an admiral, and another ambassador. They could trace their roots back to the pilgrims. Tall, handsome, and silver-haired, he was fluent in several languages. According to one expert on style, he was “one of the most polished gentlemen in America” for more than half a century. He was also named ambassador three times by three different presidents. In referring to him, a journalist once wrote: “If the United States could be represented around the world the way it is represented in Argentina, it would be loved by the peoples of all nations.”

In reality, the ambassador was a disaster—and a dangerous one at that. Although he seemed to some to be the perfect diplomat, those who knew him better considered him, in effect, a threat to national security. The reason for such a divergence of opinion is that there is more to being an ambassador than simply glitz and glamour.

And when it came to John Davis Lodge, there was little else.

I did not know all of that when I was assigned to Buenos Aires as my first diplomatic posting. In early 1973, I had only been in the Foreign Service for a few weeks. All newly minted Foreign Service Officers (FSOs) are introduced to the State Department through a six-week course, a kind of boot camp for bureaucrats. There the raw recruits get basic training about the government they are to represent. Toward the end of the course, the fledgling FSOs are given a list of all the postings in the world that are available for their first tour of duty. They have to decide on their preferences and then hope that the personnel system answers their prayers.

Having grown up and been educated mainly in New Mexico, where the Hispanic and Native American cultures had an influence on even a transplanted Northeasterner like me, I decided Latin America would be my first choice. Because Argentina seemed the most exotic of the possibilities in the southern hemisphere, that country was at the top of my list. As luck would have it, none of my peers ranked it as high, so the job was mine. But first I had to take additional training, including learning Spanish.

It was then that I came across an article in the Washington Post about Lodge written by Lewis Diuguid, the paper’s Latin American correspondent. In essence, the article said that Lodge was all style and no substance; dinners at the elegant ambassadorial residence inevitably dissolved into songfests, with Lodge belting out his favorite tunes from Broadway shows. The article claimed that Lodge kept four staff members in the embassy’s information section engaged full time in trying to get the local press to run photos and articles about his latest social activities.

Diuguid implied that Lodge’s desire to appear in the newspapers did not extend beyond photographs and the society pages. The article went on to quote anonymous sources, who said a serious conversation with Lodge was impossible and that if anyone had any real business to conduct with the embassy, they went to see the deputy chief of mission, the number two person in any embassy and one who is always a career diplomat.

As I read the article, I found it hard to believe it was not grossly exaggerated. I wondered how someone in such an exalted position could be such an apparent lightweight. A few weeks after arriving in Buenos Aires, I had the opportunity to witness Lodge in action. He gave a large formal dinner at the residence for a visiting official from Washington. It was not a social occasion but rather an important opportunity to gather impressions on how the new government would conduct itself. One big question was whether Peronist officials would even come to the dinner. It was feared they might not if hostility toward the United States was going to again be one of Peron’s policies.

The evening unfolded, however, as if the Diuguid article had scripted the event. At the end of the sumptuous meal, as coffee and dessert were being served, Lodge called over an accordionist who had been providing soft background music. With this accompaniment, he burst into song while still seated at the table and rolled off a number of tunes. We all then adjourned to the ballroom, where he continued the entertainment. Among his favorite Argentine guests was a couple whom he summoned to join him at the grand piano. While the husband played, the wife and Lodge sang duets from Porgy and Bess and other Broadway hits.

As the show dragged on, the Peronist officials signaled they wanted to talk to the visiting official and the deputy chief of mission privately, so they all slipped off to the library. The Peronists made it clear that the new government would be open to a constructive and productive relationship with the United States, unlike in the past. This was a significant shift in policy that would be welcomed in Washington.

Finally, after the songfest, the guests began bidding the Lodges good night and thanking them profusely for the evening. The embassy staff members were always the last to leave; it was customary to stay until dismissed by the ambassador. As we waited for this to happen, Lodge learned of the discussion that had taken place in the library while he was singing in the ballroom. He became furious at his deputy, ranting that he had been stabbed in the back before but never in his own home. Unmoved by the success of the discussions, Lodge continued to berate the poor man in front of all of us. That evening I learned an important lesson: a country is not well served by an ambassador who thinks entertaining is the most important of his duties.

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Also read Selling Ambassadorships Is as American as Apple Pie (HuffPo)U.S. Embassies Have Always Been for Sale (Daily Beast) and Peter Van Buren’s review, American Ambassadors, The Past, Present, and Future of America’s Diplomats (HuffPo).

AFSA Election: Statements of Candidates — Well, Is This Gonna Be Interesting or What?

Posted: 2:19 am EDT

 

A couple of weeks ago, AFSA announced the candidates for positions on the ballot for the AFSA Governing Board for the 2015-2017 term.  On April 1st, AFSA released the candidates’ statements. There are three candidates running for president: Ambassador Barbara Stephenson, leading the Strong Diplomacy slate, Matthew Asada, leading the Future Forward AFSA slate, and Tex Harris who does not have a slate.  You should read the full statements of the candidates below, but we should note that both Mr. Asada and Mr. Harris are incumbent members of the current Governing Board.  In addition to your bread and butter issues, perhaps voters should ask how they might reconcile Mr. Asada’s rosy report of accomplishments with Mr. Harris charged that “AFSA’s current top mandates are to protect individual members and to grow “AFSA as a business.”  Also a $125/plate dinner at its 90th Anniversary celebration– we’re you invited? Did you know that AFSA is selling FS coins? And grave markers? Well, now you know.

Don’t miss the following upcoming town hall meetings:

  • April 7, 2015—State Town Hall at HST in the Loy Henderson Auditorium
  • April 8, 2015—Retiree Town Hall at AFSA HQ Building in the first floor conference room

Oh, yes, somebody also please ask what the crap is going on with the Senate (See SFRC Bullies Diplomats Up For Promotion to Self-Certify They Have Not Been Convicted of Any Crime).

And what’s AFSA doing for 8 FSOs stuck in super glue at the SFRC? By the way, the fellow stuck there the longest, in fact stuck there since 2012 appears to be the former AFSA State VP.  When we inquired, outgoing AFSA President Bob Silverman politely declined to comment upon advice of his staff. Mr. Asada, current AFSA State VP never acknowledged receipt of our email.

Wait, former AFSA State VP + 7 FSOs held hostage at the Senate sounds pretty interesting, don’t you think? Should we put up the Hotline?

 

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Note: Mr. Silverman and Mr. Harris have both contributed to the third-party run GFM fundraising for this blog earlier this year.

Keeping Up With the State Department Spox’s Explainer on the Clinton Separation Statement

Posted: 12:42 am EDT

 

The hunt for Secretary Clinton’s OF-109 Separation Statement was all over the news last week, although it seemed, oh, so much longer.  Fox News was searching for it. The Daily Caller found a whistleblower who alleged double standard.  Media Matters  called out the conservative media’s own double standard. Add the official spokesperson of the State Department and we got a free roller coaster ride plus coupons.

It looks like 12 FAM 564.4 is the relevant regulation um, excuse me, “recommendation” in the Foreign Affairs Manual. Waiting for the spox to clarify that although the briefing is mandatory, signing the separation statement is really optional and voluntary!

12 FAM 564.4 Termination
(TL:DS-88; 02-13-2003) (Uniform State, AID, OPIC, TDP)
a. A security debriefing will be conducted and a separation statement will be completed whenever an employee is terminating employment or is otherwise to be separated for a continuous period of 60 days or more. The debriefing is mandatory to ensure that separating personnel are aware of the requirement to return all classified material and of a continuing responsibility to safeguard their knowledge of any classified information. The separating employee must be advised of the applicable laws on the protection and disclosure of classified information (see 12 FAM 557 Exhibit 557.3) before signing Form OF-109, Separation Statement (see 12 FAM 564 Exhibit 564.4).

 

Via DPB, March 17, 2015 with State Department Spokesperson Jennifer Psaki:

QUESTION: So when you say – it is my understanding that all employees – and I think you even alluded to this when it first came up, that all employees were required to sign this document on completion of their government service. Is that not the case?

MS. PSAKI: Required is not the accurate term. It’s – we’re looking into how standard this is across the federal government and certainly at the State Department. But there’s no – we’re not aware of any penalty for not signing it.

QUESTION: Well, at the State Department, though, is it – it is common practice, though, is it not, for employees, at least employees below the rank of Secretary of State to sign such a thing – to sign such a document when they leave? Is it not?

MS. PSAKI: Well, I just don’t want to characterize how common practice it is. Certainly, I understand there’s been a focus on this form. We’ve answered the question on whether or not Secretary Clinton signed the form, and we’ll see if there’s more statistics we can provide about how common it is.

QUESTION: It’s your understanding, though, that not completing this form is not a violation of any rule or regulation?

MS. PSAKI: It’s not a violation of any rule, no.

QUESTION: And when you said that you have found no record of her two immediate – was it her two immediate predecessors?

MS. PSAKI: Correct.

 

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