Daily Press Briefing Needs IT and FOIA Specialists on HRC Emails, Plus HAK Files Go to Court

Posted: 1:25 am EDT

Clip via PostTV

Argghhhh! Whaaat?

Email System

The State Department has multiple automated information systems. All employees, including locally employed staff and contractors (apparently with the exception of Secretary Clinton and who knows how many others), have state.gov email addresses for use in their unclassified workstations.  But not everyone has classified access and in some places, you have to go to a controlled location just to read your classified email.  Here is a quick description from publicly available documents:

    • OpenNet is the Department’s internal network (intranet), which provides access to Department-specific Web pages, email, and other resources.
    • ClassNet is the Department’s worldwide national security information computer network and may carry information classified at or below the Secret level.
    • SMART-SBU or just “SMART” replaces existing Department of State unclassified email and cable systems with a Microsoft Outlook-based system.
    • SMART-C is the Classified State Messaging and Archive Retrieval Toolset

 

No one “scans” emails for classified material?

The real question seems to be — well, if all her email communication was conducted through a private email  server —  how can we be sure that no classified and sensitive information were transmitted using her private email account?  We can’t, how can we?

However, for ordinary employees with badges and logins, an Information System Security Officer (ISSO) has “read access to the employee’s mailbox to ensure that no messages contain classification levels higher than that allowed on the authorized information system” (see 12 FAM 640-pdf). Which seems to indicate that ISSOs as a matter of course, “scan” State Department electronic mailboxes and files to ensure that there are no material there beyond “Sensitive But Unclassified” in the unclass system, for example.


Moving on to fumigation

Anyways — remember the WikiLeaks fallout? At that time, federal employees and contractors who believe they may have inadvertently accessed or downloaded classified or sensitive information on computers that access the web via non-classified government systems, or without prior authorization, were told to contact their information security offices for assistance.

If the unthinkable does happen, their unclassified computers required the equivalent of um… let’s say, digital “fumigation.” But who does that for private email servers?

The office that handles FOIA requests is the Office of Information Programs and Services (A/GIS/IPS/RL) under the Bureau of Administration. The Department also has its own chief information officer. Can we please have the State Department’s IT and FOIA experts talk about this from the podium?  Please, please, please, pretty please, this is getting more painful to watch every day.

 

 

In related news — when you see reports that US embassies have been cited multiple times by State/OIG for use of  “personal email folders,” we suggest you take a deep breath.  That’s not/not the same as the use of personal private emails like Yahoo or Gmail. What those OIG reports are probably referring to are the personal storage folders, also known as  .pst files in Microsoft Outlook on the employees’ hard disk drives. Why would you want to save your emails in the personal folders of your computer?

Because a .pst file is kept on your computer, it is not subject to mailbox size limits on the mail server. By moving items to a .pst file on your computer, you can free up storage space in the mailbox on your mail server.

 

Just because you have classification authority, must you?

Below is an excerpt from the State Department Classification Guide | January 2005, Edition 1 (pdf via the Federation of American Scientists)

High Level Correspondence. This includes letters, diplomatic notes or memoranda or other reports of telephone or face-to-face conversations involving foreign chiefs of state or government, cabinet-level officials or comparable level figures, e.g., leaders of opposition parties. It should be presumed that this type of information should be classified at least CONFIDENTIAL, though the actual level of classification will depend upon the sensitivity of the contained information and classification normally assigned by the U.S. to this category of information. Information from senior officials shall normally be assigned a classification duration of at least ten years. Some subjects, such as cooperation on matters affecting third countries, or negotiation of secret agreements, would merit original classification for up to 25 years.

One thing to remember here, and it’s an important one — the secretary of state is the highest classification authority at the State Department.

CFR 2005 Title 22 Volume I Section 9-10:

(a) In the Department of State authority for original classification of information as ‘‘Top Secret’’ may be exercised only by the Secretary of State and those officials delegated this authority in writing, by position or by name, by the Secretary or the DAS/ CDC, as the senior official, on the basis of their frequent need to exercise such authority.

But why would the USG’s classification guide or classification authority even apply to an email server that apparently is not owned nor physically possessed or maintained by the State Department?


No one is coming out of this smelling like roses

The 67th secretary of state exclusively used private email during her entire tenure at the State Department. She left the State Department on February 1, 2013.  The official word is that in October 2014 — to improve record-keeping or something — the State Department “reached out to all of the former secretaries of state to ask them to provide any records they had,” Secretary Clinton reportedly sent back “55,000 pages of documents to the State Department very shortly” after the letter was sent to her. “She was the only former Secretary of State who sent documents back in to this request,” said Ms. Harf.  This storyline is not even walking quite straight anymore according to the NYT’s follow-up report of March 5.

What appears clear is that the USG cannot possibly know the answer to the endless questions surrounding these emails since it does not have possession of the private email server used in the conduct of official business. But somebody must know how this set-up came to be in 2009.  What originated this, what security, if any  were put in placed?

As if we don’t have enough  disturbing news … have you seen this?

 

But 56th took his files with him!

In related news,  the National Security Archive  filed suit against the State Department this week under the Freedom of Information Act to force the release of the last 700 transcripts of former Secretary of State Henry Kissinger’s telephone calls (telcons). The Archive’s appeal of State’s withholding dates back to 2007.

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The 56th secretary of state had reportedly removed the telcons, along with his memcons and office files, from the State Department when he left office at the end of 1976. According to the FOIA-released declassification guide for the State Department “information that still requires protection beyond 25 years should be classified for only as long as considered necessary to protect the national security.”

But … but …it’s been almost 40 years, heeeellloo!

Where are we again? Oh, utterly distressed by this whole thing.

 

 

Related post:

Don’t read WL from your workstation, if read elsewhere make sure you wash your eyes or you go blind….

 

Related items:

It could be very long time before Hillary Clinton’s State Department e-mails see the light of day (WaPo)

12 FAM 640  DOMESTIC AND OVERSEAS AUTOMATED INFORMATION SYSTEMS CONNECTIVITY (pdf)

Leaked Guccifer emails did say “confidential” but the purported sender of those emails was no longer in USG service and presumably, no longer had any classification authority.

 

Rabbit Hole News: State Dept’s Private Email Usage Policy, Plus Attn: State/OIG – Firecracker Coming Your Way

Posted: 01:47 EST
Updated: 11:19 EST
Updated 15:14 EST

 

Shortly after the NYT broke the story about the former secretary of state’s exclusive used of a personal email account to conduct government business, we sent an inquiry to the State Department’s Office of Inspector General. We don’t know if they could comment about it but we wanted to ask anyway.  We’ve looked at the regs but the FAM is silent on the use of private email, or at least we thought it was. It almost seem as if the rule makers presumed that all employees will be using official email, thus, the rules only spell out the requirement for the preservation of records.

If Secretary Clinton was using a private email account and if her close advisers were also using private email accounts, we wanted to know how is this reconciled with the ability of individuals to FOIA government documents. We were also interested how this would keep other senior or even regular employees from using Yahoo or Gmail to conduct official business.

State/OIG’s response was, “we are not in a position to comment at this time.”

Actually, we asked the wrong questions.

In 2012, we blogged about the OIG inspection report of the U.S. Embassy in Kenya. (See State/OIG Releases Ambassador Scott Gration’s Embassy Report Card – And Look, No Redactions!). We mentioned in passing the ambassador’s use of commercial email for official government business. In light of these news reports that Secretary Clinton exclusively used nongovernment email during her four year tenure as secretary of state, the old 2012 report is getting some legs again.

 

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Below is an excerpt from that 2012 report specifically addressing the ambassador’s use of commercial email for daily communication of official government business. The ambassador was also slammed for using “a government-owned laptop that is not physically or electronically connected to the Department’s OpenNet network.”  

Mission Leadership Challenge 

Very soon after the Ambassador’s arrival in May 2011, he broadcast his lack of confidence in the information management staff. Because the information management office could not change the Department’s policy for handling Sensitive But Unclassified material, he assumed charge of the mission’s information management operations. He ordered a commercial Internet connection installed in his embassy office bathroom so he could work there on a laptop not connected to the Department email system. He drafted and distributed a mission policy authorizing himself and other mission personnel to use commercial email for daily communication of official government business. During the inspection, the Ambassador continued to use commercial email for official government business. The Department email system provides automatic security, record-keeping, and backup functions as required. The Ambassador’s requirements for use of commercial email in the office and his flouting of direct instructions to adhere to Department policy have placed the information management staff in a conundrum: balancing the desire to be responsive to their mission leader and the need to adhere to Department regulations and government information security standards. The Ambassador compounded the problem on several occasions by publicly berating members of the staff, attacking them personally, loudly questioning their competence, and threatening career-ending disciplinary actions. These actions have sapped the resources and morale of a busy and understaffed information management staff as it supports the largest embassy in sub-Saharan Africa.

Authorized Automated Information Systems 

The Ambassador uses a government-owned laptop that is not physically or electronically connected to the Department’s OpenNet network. Authorized Department OpenNet email systems are available on the Ambassador’s office desktop. According to 12 FAM 544.3 and 11 State 73417 (from the Assistant Secretary for Diplomatic Security to the Ambassador), it is the Department’s general policy that normal day-to-day operations be conducted on an authorized information system, which has the proper level of security controls. The use of unauthorized information systems increases the risk for data loss, phishing, and spoofing of email accounts, as well as inadequate protections for personally identifiable information. The use of unauthorized information systems can also result in the loss of official public records as these systems do not have approved record preservation or backup functions. Conducting official business on non-Department automated information systems must be limited to only maintaining communications during emergencies.

Recommendation 57: Embassy Nairobi should cease using commercial email to process Department information and use authorized Department automated information systems for conducting official business. (Action: Embassy Nairobi)

Source:  Inspection of Embassy Nairobi, Kenya | Report Number ISP-I-12-38A, August 2012 | pdf

 

We should point out that the 2012 report was issued prior to the tenure of IG Steve Linick and Secretary Clinton tenure at the State Department ended in February 2013.  But with 2016 just around the corner, this email debacle will not die a quiet death.

The unclassified cable  STATE 065111 on securing email accounts sent to all overseas posts on June 28, 2011 only says “avoid conducting official Department business from your personal email accounts.”

See the magic word there? It did not say you can’t, only that you shouldn’t.

So for the second day in a row, the subject of the Clinton emails was featured in the Daily Press Briefing. The State Department’s deputy spox, Marie Harf was impressive when she said that “There was no prohibition” on the use of personal email.  She emphasized that “There was not then and there is not now a prohibition on using a personal email for official business, and at the time she was in office, there was no time requirement for when those needed to be preserved as records.”

Entertainment value? High.

In any case, the question that we probably should have asked the OIG is this — if an ambassador was “hammered” for his use of nongovernment, private email, can we presume that ordinary bureaucrats would get a similar treatment? And if this is so  — don’t we then have a set of rules that applied to everyone but the head of the agency?   We originally cited 5 FAM 440 (pdf) as the rules governing  Electronic Records, Facsimile Records, and Electronic Mail Records in the State Department.  But wait —  the 2012 OIG report on Kenya cited 12 FAM 544.3 Electronic Transmission Via the Internet (pdf), a section of the FAM that has been in the rules books since 2005. It says in part:

It is the Department’s general policy that normal day-to-day operations be conducted on an authorized AIS [automated information system], which has the proper level of security control to provide nonrepudiation, authentication and encryption, to ensure confidentiality, integrity, and availability of the resident information. The Department’s authorized telework solution(s) are designed in a manner that meet these requirements and are not considered end points outside of the Department’s management control.
[…]
c. Employees should be aware that transmissions from the Department’s OpenNet to and from non-U.S. Government Internet addresses, and other .gov or .mil addresses, unless specifically directed through an approved secure means, traverse the Internet unencrypted. Therefore, employees must be cognizant of the sensitivity of the information and mandated security controls, and evaluate the possible security risks and then decide whether a more secure means of transmission is warranted (i.e., secure fax, mail or network, etc.)

d. In the absence of a Department-provided secure method, employees with a valid business need may transmit SBU information over the Internet unencrypted after carefully considering that:

(1) SBU information within the category in 12 FAM 541b(7)(a) and (b) must never be sent unencrypted via the Internet;

(2) Unencrypted information transmitted via the Internet is susceptible to access by unauthorized personnel;

(3) Email transmissions via the Internet generally consist of multipoint communications that are routed to their destination through the path of least resistance, which may include multiple foreign and U.S. controlled Internet service providers (ISP);

(4) Once resident on an ISP server, the SBU information remains until it is overwritten;

(5) Unencrypted email transmissions are subject to a risk of compromise of information confidentiality or integrity;

(6) SBU information resident on personally owned computers connected to the Internet is generally more susceptible to cyber attacks and/or compromise than information on government owned computers connected to the Internet;

(7) The Internet is globally accessed (i.e., there are no physical or traditional territorial boundaries). Transmissions through foreign ISPs or servers can magnify these risks; and

(8) Current technology can target specific email addresses or suffixes and content of unencrypted messages.

 

General policies, of course, can have exceptions and if that’s what happened here, wouldn’t it be nice to know who were granted exceptions to use private email accounts besides the secretary of state and why? And did the Legal Advisor or somebody else signed off on those exceptions? Was the clintonemail.com server an authorized AIS [automated information system] of the State Department, and if so, who authorized it?

We cannot predict where this email controversy is going to end, but some Internet sleuth is digging up Dubai, Denmark, Luxembourg in what seems to be an already convoluted matter.  If you read the link below there is an interesting question whether the Clinton e-mail server was hosted for some period of time by an outside hosting firm.  If the hosting firm was based overseas at an external location in Texas or elsewhere,  wouldn’t this be an added headache for cybersecurity and something the OIG’s new Office of Evaluations and Special Projects (ESP) might be interested in?

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While the Inspector General of the State Department might not be in a position to comment about this issue publicly at this time, or might not want to wade into the rabbit hole with this political firecracker, it may not have much of a choice.  Even our apolitical neighbors were dismayed by this.  The perception that the rules may have been applied selectively, based on rank undermines the Service.  That in itself is an excellent excuse to review the entire practice and determine to what extent exceptions were made.  The Republican National Committee has reportedly already asked the Office of Inspector General to look into whether Clinton’s practices led her or the department to violate the Federal Records Act.

It’s only a matter of time before there is a formal congressional request. Heads up State/OIG, this firecracker is heading your way.

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Related post:
So wait — Hillary Clinton never got a state.gov email? What does the FAM say?

Related items:

State Department June 28, 2011 Unclassified Cable 065111 on Securing Email Accounts via (foxnews)

NARA Bulletin 2014-06 | September 15, 2014 – Guidance on Managing Email

NARA Bulletin 2013-03 | September 9, 2013 – Guidance for agency employees on the management of Federal records, including email accounts, and the protection of Federal records from unauthorized removal

NARA Bulletin 2011-03 | December 22, 2010 – Guidance Concerning the use of E-mail Archiving Applications to Store E-mail

OMB | Managing Government Records Directive requires that Federal agencies manage all their email electronically by December 31, 2016.

 

 

 

From the State Dept With Love ♥︎ Your Online Sweetie Might Be An Overseas Scammer

Posted: 01:30 EST

 

The State Department’s Bureau of Consular Affairs has gone Buzzfeed with 6 Signs Your Online Sweetie Might Be An Overseas Scammer (complete with pics and gifs).

The Department of State Bureau of Consular Affairs receives daily calls about international scams involving Internet dating. Many scams are initiated through the Internet; victims range in age from teens to the elderly and come from all socio-economic backgrounds. 

Our favorite is probably #5.  Your love interest has really. Bad. Luck.

Image via travel.state.gov/buzzfeed community.

Image via travel.state.gov/buzzfeed community

Check out the whole list here.

According to travel.state.gov, in many scam scenarios, the correspondent suddenly falls into dire circumstances overseas (i.e. an arrest or a horrible car accident) about two to three months after a connection is made.  The correspondent will ask you to send money for hospital bills, visa fees, or legal expenses.  It is also common for scammers to tell U.S. citizens that a close family member, usually a teenager, is in desperate need of surgery and  to request monetary assistance.  You may even be contacted by a “doctor” requesting that money be sent to the hospital on behalf of the correspondent.  Note that any doctor, lawyer, or police officer who contacts you is likely a part of the scam. The amounts lost by U.S. citizens in these types of scams can range from relatively small amounts to more than $400,000.

This could ruin a few Internet romance on the most romantic week of the year, but click here to read more about Internet dating and romance scams from the folks who have heard it all.

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Poor MidLevel Official Writes #Ebola Memo That Never Went Anywhere — Oy!

– Domani Spero

 

In September, we blogged that the State Dept Awarded $4.9 Million Contract to Phoenix Air for Air Ambulance Evacuation #Ebola.  Apparently, the last couple of days there was a flap over a State Department memo on a plan to bring non-Americans with Ebola to U.S. soil for treatment. The memo labeled Sensitive But Unclassified – Predesicional is available to read here and notes USG obligation to non-U.S. citizen employees and contractors of U.S. agencies (USAID, CDC, etc.) and programs as well as NGOs and private firms based in the United States.

The  Washington Times identified the memo’s author as Robert Sorenson, deputy director of the Office of International Health and Biodefense (OES/IHB). The Office of International Health and Biodefense is the primary State Department policy office responsible for a variety of international health issues. It takes part in U.S. Government policymaking on infectious disease, environmental health, noncommunicable disease issues, global health security, antimicrobial resistance, and counterfeit and substandard medications.  A clearance sheet attached to the memo reportedly says it was cleared by offices of the deputy secretary, the deputy secretary for management, the office of Central African affairs and the medical services office.

The memo did make it to the Daily Press Briefing at the State Department. Excerpt below:

QUESTION: And then the last one on this is: There was a report last night and again this morning about this memo that was – the State Department memo —

MS. PSAKI: Sure, let me address that.

QUESTION: — about bringing —

MS. PSAKI: Mm-hmm. One, just factually, the document referenced was drafted by a midlevel official but not cleared by senior leaders. It never came to senior officials for approval. And any assertion that the memo was cleared by decision-makers is inaccurate. There are no plans to medevac non-Americans who become ill with Ebola to the United States. We have discussed allowing other countries to use our medevac capabilities to evacuate their own citizens to their home countries or third countries subject to reimbursement and availability. But we’re not contemplating bringing them back to the United States for treatment.

QUESTION: So the – but essentially, what you’re saying is that one guy somewhere in this building came up with this idea and put it on paper, but it never went anywhere? Is that what you’re saying?

MS. PSAKI: Correct. It’s also weeks old and the memo isn’t current because European – our European partners —

QUESTION: All right. Okay.

MS. PSAKI: — have addressed this matter by providing their own guarantees, but go ahead.

QUESTION: One problem that – I mean, that I see is that a week ago, the Pentagon and the White House was insisting that, no, no, no, there is no overall quarantine order and it’s just this one commander, or these guys who are in Italy. And now all of a sudden, today we have Secretary Hagel saying no, it’s going to be – it’s Pentagon-wide and it’s going to go to all of the troops that are there. What is there to prevent this memo from coming back to life, as it were —

MS. PSAKI: Well, I think with this —

QUESTION: — and becoming policy? Has it been flat out rejected or is it just kind of sitting on a shelf someplace and maybe could be implemented at some point?

MS. PSAKI: It’s sitting on a shelf or on a computer – since we use computers nowadays – by the individual who wrote it, I suppose. I think the important point here is that our European partners, since several weeks ago when that was written, have addressed this by providing a guarantee to international health workers that they would either be flown to Europe or receive high-quality treatment on the spot. So it’s not applicable at this point.

QUESTION: Okay. Well, in general, why was this never approved? I mean, it seems – I mean, you could make the argument that the U.S. has great healthcare facilities, that no one who has contracted the disease in the United States has actually died. So I think there might be some who could make the argument that why not bring people?

MS. PSAKI: Sure, but many countries have decided to make that decision to deal with it themselves, and we’ve certainly been discussing with them how to do that.

QUESTION: So this has been discarded as unnecessary rather that rejected —

MS. PSAKI: It was never discussed at any levels, in any serious level with decision-makers. So I don’t – wouldn’t say it was discarded, but —

QUESTION: Okay.

QUESTION: Along the lines of what Matt was saying, on page 5 of the memo, it says that it was approved by Nancy Powell, the head of the Ebola Coordination Unit. Doesn’t that suggest it was fairly further along in the process?

MS. PSAKI: I’m happy to look at the approval memo. As I understand, and just so you know, sometimes there are people listed. It doesn’t mean they cleared it. It just means there are people who need to clear a memo. So I will check and see if there was anybody who actually cleared it.

“One guy somewhere in this building came up with this idea and put it on paper, but it never went anywhere?” And the official spokesperson, without blinking said, “correct.”

Don’t you just hate it when they say things like that and throw some midlevel official under the medevac plane?

In fact, the justification for the air ambulance evacuation contract awarded to Phoenix Air on August 18, 2014 appears clear enough as to why this was necessary:

The USG is left with only two options in supporting a CDC scientist that has a high risk exposure to an EVD patient — use the PAG capability to fly the person back to the US for observation and optimum care should disease develop, or leave the person in place where no care is available if the disease develops. The question, then, is not how many EVD patients will be moved, but rather how many contacts and EVD patients will be moved across the entire international response population (as many as three per month). Finally, from a pragmatic stand point, given the limited options for movement of even asymptomatic contacts, it has become clear that an international response to this crisis will not proceed if a reliable mechanism for patient movement cannot be established and centrally managed.

That leaked memo is not saying we’re moving Liberia’s entire infected population for treatment in U.S. hospitals, is it?  An argument can be made that the USG has an obligation to assist in the treatment of those infected in the course of their work fighting the ebola outbreak on behalf of the international community.  The State Department is not/not making that argument, of course.  The only official argument it is making is that — that memo, that never went anywhere beyond the midlevel officer’s desk.

Nothing to do with an election coming up? Sure, okay.

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Bill Burns Retires: Read His 10 Parting Thoughts for America’s Diplomats

– Domani Spero

 

After 33 years in the Foreign Service, career diplomat, Bill Burns who served as Deputy Secretary of State since July, 2011 (only the second serving diplomat in history to become Deputy Secretary) is retiring from the Service. His retirement had been postponed twice previously but will finally happen this month.

His 10 parting thoughts for America’s diplomats piece was published by Foreign Policy. Excerpt below:

The ability of American diplomats to help interpret and navigate a bewildering world still matters. After more than a decade dominated by two costly conflicts in Iraq and Afghanistan and the worst financial crisis of our lifetime, the United States needs a core of professional diplomats with the skills and experience to pursue American interests abroad — by measures short of war.

The real question is not whether the State Department is still relevant but how we can sustain, strengthen, and adapt the tradecraft for a new century unfolding before us. As I look back across nearly 33 years as a career diplomat — and ahead to the demands on American leadership — I offer 10 modest observations for my colleagues, and for all those who share a stake in effective American diplomacy.

  • Know where you come from.
  • It’s not always about us.
  • Master the fundamentals.
  • Stay ahead of the curve.
  • Promote economic renewal.
  • Connect leverage to strategy.
  • Don’t just admire the problem — offer a solution.
  • Speak truth to power.
  • Accept risk.
  • Remain optimistic.

Read it in full at FP (registration required)  here via state.gov.

Deputy Secretary of State Bill Burns visits St. Michael’s Cathedral, where he meets with Maidan medics, civil society representatives, and religious leaders in Kyiv, Ukraine, on February 25, 2014. [State Department photo/ Public Domain]

Deputy Secretary of State Bill Burns visits St. Michael’s Cathedral, where he meets with Maidan medics, civil society representatives, and religious leaders in Kyiv, Ukraine, on February 25, 2014. [State Department photo/ Public Domain]

Excerpt from D/Secretary Burns’ letter to Secretary Kerry:

Over more than three decades, I have done my best to serve ten Secretaries of State. I have had the opportunities and experiences far beyond anything I would have imagined when I entered the Foreign Service. I owe a great deal to my friends and colleagues in the Department – to the mentors and role models who showed me over the years how to be a good diplomat; to the peers and subordinates who always made me look far better than I ever deserved; and to the men and women who serve our country with honor and distinction in hard places around the world as I write this letter. I also owe a debt of gratitude greater than I can ever express to Lisa and our two wonderful daughters, who shared fully in our Foreign Service life and made it whole. I look forward to the next chapter in my professional life, but nothing will ever make me prouder than to be a career American diplomat.”

More about the diplomat’s diplomat that made Secretary Kerry felt the need “to build a system that builds the next Bill Burns”:

Deputy Secretary Burns holds the highest rank in the Foreign Service—Career Ambassador—and became Deputy Secretary of State in July 2011. He is only the second serving career diplomat in history to become Deputy Secretary, and the longest serving. Ambassador Burns served from 2008 until 2011 as Under Secretary for Political Affairs. He was U.S. Ambassador to Russia from 2005 until 2008, Assistant Secretary of State for Near Eastern Affairs from 2001 until 2005, and Ambassador to Jordan from 1998 until 2001. Ambassador Burns has also served in a number of other posts since entering the Foreign Service in 1982, including: Executive Secretary of the State Department and Special Assistant to Secretaries Christopher and Albright; Minister-Counselor for Political Affairs at the U.S. Embassy in Moscow; Acting Director and Principal Deputy Director of the State Department’s Policy Planning Staff; and Special Assistant to the President and Senior Director for Near East and South Asian Affairs at the National Security Council staff. He speaks Russian, Arabic, and French, and is the recipient of two Presidential Distinguished Service Awards and a number of Department of State awards, including the Secretary’s Distinguished Service Award, two Distinguished Honor Awards, the 2006 Charles E. Cobb, Jr. Ambassadorial Award for Initiative and Success in Trade Development, the 2005 Robert C. Frasure Memorial Award for conflict resolution and peacemaking, and the James Clement Dunn Award. In 1994, he was named to TIME Magazine’s list of the “50 Most Promising American Leaders Under Age 40″, and to TIME’s list of “100 Young Global Leaders.”

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Battle For Benghazi in WashDC:  Vroom Vroom Your Search Engines Now or Just Drink Gin

– Domani Spero

 

The final (maybe) Battle for Benghazi will officially open in Washington, D.C. on September 17. We’ve counted  five competing Benghazi-related sites to-date.

Benghazi Select Committee

http://benghazi.house.gov

The Benghazi Select Committee will have its hearing carried live. We expect that the prepared statements of witnesses and the live stream of the hearing will be available here at the appropriate time.

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Wed, 09/17/2014 – 10:00am
HVC-210, Capitol Visitor Center
Topic: Implementation of the Accountability Review Board recommendations

Witnesses

Greg Star
Assistant Secretary for Diplomatic Security

Mark J. Sullivan
Chairman, The Independent Panel on Best Practices

Todd Keil
Member, The Independent Panel on Best Practices
Former Assistant Secretary for Infrastructure Protection, U.S. Department of Homeland Security

 

Benghazi on the Record

http://democrats.benghazi.house.gov

The Democrats have put up its own Select Committee on Benghazi Minority site.  Benghazi on the Record was prepared at the request of Rep. Elijah E. Cummings, the Ranking Member of the Select Committee on Benghazi, “to collect—in one place—as much information as possible regarding questions that have already been asked and answered about the attacks in Benghazi.”

 

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Then there are the other Benghazi related sites prep and ready:

House Republicans: Accountability Investigation of Benghazi

http://www.gop.gov/solution_content/benghazi/

House GOP Benghazi site: “For over a year now, House Committees have engaged in serious, deliberate, and exhaustive oversight investigations of what led up to this tragic event, what happened that night, and why the White House still refuses to tell the whole truth. All of the unclassified information and findings from this ongoing investigation can be found on this website.”

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Benghazi Committee

http://benghazicommittee.com

According to thehill.com, the super-PAC American Bridge and Correct the Record, a group that defends former Secretary Clinton, has launched a rapid-response website at benghazicommittee.com aka  Benghazi Research Center.

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Media Matters For America
“All Questions Answered”

Media Matters For America, another pro-Clinton group, launched a guide to the committee called “All Questions Answered.”

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No doubt this is just the beginning. Twitter handle scramble should happen just about now.  Tumblr, Pinterest, Instagram, AMA on Reddit, blogs still up for grabs.

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Insider Quote: Integrity and Openness – Requirements for an Effective Foreign Service

Kenneth M. Quinn, the only three-time winner of an AFSA dissent award, spent 32 years in the Foreign Service and served as ambassador to Cambodia from 1996 to 1999. He has been president of the World Food Prize Foundation since 2000. In the September issue of the Foreign Service Journal, he writes about integrity and openness as requirements for an effective Foreign Service. Except below:

I can attest to the fact that challenging U.S. policy from within is never popular, no matter how good one’s reasons are for doing so. In some cases, dissent can cost you a job—or even end a career. And even when there are no repercussions, speaking out may not succeed in changing policy.

Yet as I reflect on my 32 years in the Foreign Service, I am more convinced than ever how critically important honest reporting and unvarnished recommendations are. And that being the case, ambassadors and senior policy officials should treasure those who offer different views and ensure that their input receives thoughtful consideration, no matter how much they might disagree with it.

Read in full here.

 

 

 

 

 

 

State Department vs. Bill O’Reilly — Volleys Fired But Nothing to Do With Foreign Policy!

Domani Spero

 

Apparently, there is a war going on between the State Department and Bill O’Reilly of Fox News and it has nothing to do with foreign policy or Benghazi! It all started with the following segment of the O’Reilly Factor. At the 2:04 mark, Bill O’Reilly says this:

“With all due respect, and you don’t have to comment on this,” O’Reilly told Rosen. “That woman looks way out of her depth over there. Just the way she delivers … it doesn’t look like she has the gravitas for that job.”

 

That did not sit well with Marie Harf, the deputy spokeswoman of the State Department, who fired a verbal projectile via Twitter:

 

On September 4, Ms. Harf also said this from the podium (mark 3:16 on this video clip):

“I think that when the anchor of a leading cable news show uses quite frankly sexist, personally offensive language that I actually don’t think they would ever use about a man, against the person that shares this podium with me, I think I have an obligation and I think it’s important to step up and say that’s not OK.”

 

We are not a devotee of Mr. O’Reilly, but when the deputy spox picks a fight with the the most watched cable news program in the United States, we’ve got to ask — what was she thinking?  The deputy spokeswoman of the oldest executive agency ever, cannot have a disclaimer saying “tweets are my own.” What she says from the podium and what she tweets are as official as it gets. So this verbal tussle with Mr. O’Reilly is not between her and the cable anchor. None of the headlines says Marie Harf vs. Bill O’Reilly.  It is officially between the State Department and the cable anchor.  Some people may even infer that this is a fight that the Secretary of State signed on. Whether that is true or not, we don’t know. What we know is if it’s from the podium, it represents the official view of the agency and the U.S. government.

And because the other person in the ring is a cable anchor, this is what you get. Watch starting at mark 1:13

 

Mr. O’Reilly called the WH spox, Mr. Earnest “befuddled,” saying “he doesn’t have a lot of credibility.” Mr. O’Reilly, of course, did not say “that man looks uncertain to me.”  We hope Mr. Earnest doesn’t take it upon himself to fire his own objectiles from the White House podium.

Meanwhile, WaPo’s Erik Wemple makes an important point:

“As a housekeeping measure, let’s toss the “personally offensive” claim right in the trash heap. In slighting Psaki, O’Reilly stuck strictly to her performance as a professional, something that is well within his ambit as a cable news anchor. If a SPOKESWOMAN cannot be evaluated on the basis of how she presents herself to the public, then nothing is fair game.”

 

Mr. O’Reilly did used the term “that woman” as opposed to saying , Ms. Psaki “looks way out of her depth over there.That Woman” is the title of the book on Wallis Simpson, the Duchess of Windsor, one of the most vilified women in the 20th century. It is the title of a comedy drama movies in 1966 and in 2012.  “That woman” reminds us of “I did not have sexual relations with that woman,“in the 1998 chapter of presidential history.  We can understand why that phrase may be objectionable, but the professional person at the podium does not have the luxury of becoming personally upset in public.

One commenter over in WaPo makes a lot of sense:

[N]o State Department spokesperson should wade into a verbal conflict with an American opinion show host (O’Reilly is NOT a “Fox News anchor”) …not on Twitter, and certainly not from the SD press room podium. […] Had Ms. Harf not tweeted and her initial comments about his opinions had been in response to a press briefing question (unlikely), she could have just said, “We at State do not concern ourselves with the comments of an opinion show host. We have more important matters to attend to.” End of story; Harf looks like a pro. At this point, she looks like a teenage girl in a Facebook cat fight, and that reflects poorly on the State Department, the Obama Administration and our nation.

Ouch!

The official spokeswoman, Jen Psaki and her deputy Marie Harf came to the State Department from the Obama campaign.  Previously, Ms. Psaki was the deputy press secretary for John Kerry‘s 2004 presidential campaign and press secretary for President Obama’s 2012 re-election campaign.  Ms. Harf also worked on the 2012 Obama campaign.

People on the inside know that access means a great deal. It is not a given that assistant secretaries of public affairs and/or spokespersons see the secretaries they serve as often as they want.  The most notable exception may be Margaret Tutwiler who was Secretary Baker’s spokesperson and was famously quoted as saying, “If you’re a Ph.D. and have 17 degrees, the press doesn’t care,” she says. “They like to know that you have a fair idea of the person on whose behalf you are speaking. And I do know this President and this Secretary of State very well.”

Ms. Tutwiler later contributed to ADST’s Oral History project and here is part of what she said (pdf):

“I have said before, and I firmly believe it, that podium was not my podium, I was not elected to anything, I am staff and serve at the President’s pleasure as a political appointee and the Secretary of State. …. I believed that part of the spokesman’s job is how you come through that TV screen. If you don’t look convincing and are just mouthing words, then you are not doing your job.”

 

We understand that there are folks in the building who yearn for “spokesmen and [spokes]women that used to be — the class acts that they were” — presumably, an assistant secretary-rank spokesperson speaking on behalf of the United States. Some of Ms. Psaki’s predecessors include Ambassador Victoria Nuland, Philip J. Crowley, FSO Sean McCormack , Ambassador Richard Boucher , James Rubin, and Margaret D. Tutwiler. We do recognize that a spokesperson is only as good as his/her access to the Secretary.  What good is an ambassador or AS-rank spokesman or spokeswoman if the Secretary does not trust him or her?   Secretary Kerry picked these individuals as his spokespersons, that’s his prerogative.  But they also represent the voice of the State Department and the U.S. Government, and sometimes, we fell like the spoxes never got off the campaign trail.

For instance, last year, Ms. Psaki was caught in a lie and had to release another statement acknowledging that her boss “was briefly on his boat.”  (see It’s A Bird… It’s A Plane… It’s Not Superman On a Nantucket Boat Or How to Make a Non-News Into Big News). Asked where Ambassador to the UN Samantha Power was at one point, she was unable to answer a very simple question.  The point is, even on topics, where we, the public expect a straight-forward answer, the podium is unable to do so. Did Egypt had a coup?  Transparency, anyone?  Just a very brief one on the QDDR at the top of your head?  Folks, over in YouTube, the Jen Psaki Greatest Hits is now on Episode 24. It is not/not fun to watch.

We’d like to think that they’re doing the best they can at these jobs.  Whether we approve of their performance or not, we imagine this can’t be easy work; some days it’s a tour of the world’s ever growing hotspots and spitholes of miseries.  The reporters will push to get their stories, that’s their job; and hey, that’s expected, no need to accuse them of “buying into Russian propaganda.” Of course, the spokespersons will not always have the answers that the press want.  But that’s an old story.  Perhaps, the most important point worth noting here is no matter how shitty the days may be, the official spokesperson or deputy spokesperson of the U.S. Department of State cannot, and should not be the story of the day.

Why?

If nobody is listening to them because people are talking about them, then the spoxes are not doing their real jobs, which is spoxplaining the administration’s policies.

Well … okay then, back to watching the lighthouse. Here’s Johnny Nash’s Sun-Shiny day:

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FSO-Author Writes About Publishing in the Foreign Service; Update to 3 FAM 4170 Coming Soon?

– Domani Spero

 

The June 2014 issue of the Foreign Service Journal includes an article, Publishing in the Foreign Service by FSO Yaniv Barzilai, who is serving in Baku on his first overseas posting. He is the author of 102 Days of War—How Osama bin Laden, al Qaeda & the Taliban Survived 2001 (Potomac Books, 2013).  Below is an excerpt from that article with a prescription for the improvement of the pre-publication clearance process in the State Department.

There is plenty of room for improvement in the pre-publication clearance process. First and foremost, State must do a better job of adhering to the regulations it has set forth in the Foreign Affairs Manual. Anything short of that standard is unfair to everyone involved. 

Second, the department should establish clear guidelines on how it distributes material internally and across the interagency community. That threshold should have nothing to do with terms as vague as “equities.” Instead, offices and agencies should have the opportunity to clear on material only if that material is the result of “privileged information”: information that employees acquire during the discharge of their duties that is not otherwise available.

Third, State needs to ensure that former employees receive treatment comparable to current employees. A significant gap exists between the attention given to current employees by PA and that former employees receive from A/GIS/IPS/PP/LA. 

As that lengthy acronym suggests, former employees are relegated to an obscure office in the Bureau of Administration when they seek pre-publication clearance. In contrast, the PA leadership is often engaged and provides consistent oversight of the review process for current employees. This bifurcation not only creates unnecessary bureaucratic layers and redundancies, but places additional burdens on former employees trying to do the right thing by clearing their manuscripts. This discrepancy should be rectified.

These short-term fixes would go a long way toward improving the pre-publication clearance process for employees. In the long term, however, the State Department should consider establishing a publication review board modeled on the CIA’s Publication Review Board. 

A State Department PRB would codify a transparent, objective and fair process that minimizes the need for interagency clearance, ensures proper and consistent determinations on what material should be classified, and reduces the strain on the State Department at large, and its employees in particular.

Ultimately, State needs to strike a better balance between protecting information and encouraging activities in the public domain. The pre-publication review process remains too arbitrary, lengthy and disjointed for most government professionals to share their unique experiences and expertise with the American public.

Read in full here.

We totally agree that a publication review board is needed for State. Instead of parcelling out the work to different parts of the bureaucracy, a review board would best serve the agency.  We have some related posts on this topic on the Peter Van Buren case as well as the following items:

The rules and regulations for publishing in the Foreign Service can be found in the infamous Foreign Affairs Manual 3 FAM 4170 (pdf).  Last June, AFSA told its members that for more than a year it has been negotiating a revision to the current Foreign Affairs Manual regulations governing public speaking and writing (3 FAM 4170).

“As mentioned in our 2013 Annual Report, our focus has been to accommodate the rise of social media and protect the employee’s ability to publish. We have emphasized the importance of a State Department response to clearance requests within a defined period of time (30 days or less). For those items requiring interagency review, our goal is to increase transparency, communication and oversight.  We look forward to finalizing the negotiations on the FAM chapter soon—stay tuned for its release.”

This long awaited update to 3 FAM 4170 has been in draft mode since 2012 (see State Dept to Rewrite Media Engagement Rules for Employees in Wake of Van Buren Affair. We’ll have to wait and see if 3 FAM 4172.1-7  also known as the Peter Van Buren clause survives the new version.

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

– Domani Spero

 

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

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

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

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

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

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

 

 

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

 

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