SFRC Bullies Diplomats Up For Promotion to Self-Certify They Have Not Been Convicted of Any Crime

Posted: 12:45 pm EDT

 

The question is why? Why is the Senate Foreign Relations Committee (SFRC) demanding that our diplomats self-certify that they have not committed a felony within the last seven years? The form says “disclosure of this information is voluntary.” But also that “failure to provide the information requested may result in delay or exclusion of your name on a Foreign Service nomination list.”

Career members of the Foreign Service must be promoted into the Senior Foreign Service by appointment of the President, by and with the advice and consent of the Senate. This self-certification is reportedly also required for employees who are up for commissioning and tenuring at the Foreign Relations committee.

So basically in bullying our diplomats into signing this witless self-certification, the SFRC will be able to provide better advice to President Obama?

How?


All Diplomats Must Hold and Keep Top Secret Clearances

The American diplomatic profession requires the issuance of a security clearance. All Foreign Service officers must hold and keep an active Top Secret security clearance.

The personnel security background investigation begins after an individual has been given a conditional offer of employment and has completed the appropriate security questionnaire, usually a Standard Form 86, Questionnaire for National Security Positions, and other required forms.  Once the security package is received by the Office of Personnel Security and Suitability, it is reviewed for completeness. National agency record checks and scanned fingerprint checks are then conducted. A case manager will direct the background investigation to cover key events and contacts from the individual’s past and present history.   Once the investigators have completed a report, highly trained security clearance adjudicators will weigh the results against existing adjudicative guidelines for security clearances. A critical step in the background investigation is the face-to-face interview the individual will have with a DS investigator. This interview usually occurs within a few weeks of an individual submitting a complete security clearance package. Security clearances are subject to periodic reinvestigation every 5 years for TS clearance, and every 10 years for a Secret clearance.

When there is derogatory information, even based on preliminary facts from a DS criminal investigation, Federal Bureau of Investigation (FBI) counterintelligence or other law enforcement investigation, or an Inspector General investigation, the security clearance is suspended.  Personnel whose security clearances have been suspended may not be placed on temporary duty status at diplomatic facilities abroad and may not be retained in positions requiring a security clearance until the investigation is resolved.

The names of those with pending investigations are automatically removed from the promotion list.  It goes without saying …. oops, maybe it does need saying — diplomats who have pled guilty or convicted of a crime will not be able to hold a security clearance, much less have his/her name included in the promotion list.

Let’s give you an example — Michael Sestak, an FSO who pled guilty in a visa fraud-bribery case. He is currently sitting in jail. He’ll be sentenced in April.  When he comes out of prison, he will not/not have a job to return to at the State Department. Does anyone at the SFRC really think that somebody like Mr. Sestak can slip through federal employment again, get on the promotion list and somehow make it through the most deliberative body in Congress. No? So why would anyone in the Senate think that this self-certification is anything but idiotic?

 

8,042 Diplomats Targeted

On March 2012, fcw.com cited 2,102,269 as the total number of executive branch employees.  Of those, however, only 1,877,990 are full-time, permanent employees. These numbers reportedly do not include uniformed military personnel, or data on the Postal Service and excludes legislative and judicial branch employees.

Out of the 2.1 million employees, the State Department has  a total of 71,782 employees which includes 47,110 Foreign Service National (FSN) employees; 10,871 Civil Service (CS) employees and 13,801 (FS) Foreign Service employees as of December 2014 (see stats here-pdf.)

Of the total 13,801 Foreign Service employees, 8,042 are considered “Generalists” and 5,759 are “Specialists.”  The “Specialists which include DS agents, and HR, IT professionals are not subject to Senate confirmation.  The “Generalists” are the Foreign Service Officers  whose tenure and promotion are subject to confirmation by the United States Senate.

The Senate majority in the Foreign Relations Committee appears to be targeting only Foreign Service officers.  FSOs, and FSOs alone have been asked to self-certify that they have not been “convicted of or pled guilty of any crime” in the last seven years. As far as we are aware, this requirement does not extend to nominees who are political appointees.

What makes career diplomats special, pray tell?


The White House Knows About This? You Gotta be Kidding.

This self-certification form which is not available at OPM.gov and does not include an official form number says that “The information collected and maintained in this form will be used as part of the vetting process for Foreign Service Lists submitted to the White House for eventual nomination to the Senate.”

An informed source told us that this self-certification had been negotiated between a representative of AFSA, a staffer at the Senate Foreign Relations Committee, and the State Department.

No, there were no photos.

Apparently, there also was no White House representative involved, although you might missed that when reading the unclassified State Department 14 STATE 98420 cable dated Aug 12, 2014, which says in part:

The Senate Foreign Relations Committee (SFRC) now requires additional vetting before it considers nominees for confirmation in all of the above-mentioned categories. Effective immediately all employees in those categories who have been nominated on or after April 1, 2014 must file a self-certification form certifying that they have not been convicted of a crime or pled guilty in any court over the past seven years, regardless of whether the record in the case has been sealed, expunged, or otherwise stricken from the court record. HR will notify those employees who are up for commissioning, tenure and SFS promotion that they must submit the form, available at:  [Note: we redacted sbu link] and which must be submitted to HR-PasSelfCertificat@state.gov.
Please note: failure to submit the form will mean that HR will not/not forward your name to the White House for nomination to the Senate. There is no waiver of the SFRC requirement. For those individuals who are unable to make the certification, and wish to provide information relevant to any conviction or guilty plea in the last seven years, they may report the information in the space provided on the form. Further investigation may be made on the basis of any additional information provided. The Department may then be required to provide this information to the SFRC.

 

AFSA and the State Department must realized that this is a meaningless and coersive made-up document, but both rolled over and played dead.  No other nominees of any agency of the U.S. government are obliged to sign such a certificate, which is essentially, again, meaningless in the context of a profession in which an active security clearance is a prerequisite to the performance of a job.

This is spectacular and unprecedented.

Well, not unprecedented if you count Senator McCarthy’s witch hunt and lavender scare in the 1950s.


Why roll over and play dead?

The SFRC can hold up ambassadorial nominations, senior State Dept level nominations (undersecretaries/assistant secretaries), and decide who to put first on the hearings list and who to put last (see Happy Easter Greeting: SFRC Left Town With 19 Ambassadorial Nominations Still Stuck on Glue!).  The simple act of holding up large numbers of nominees rather than passing them through at a reasonable pace wreaks havoc on State’s budget, assignments process, and people’s lives. (see Is the U.S. Senate Gonna Wreck, Wreck, Wreck, the Upcoming Bidding Season in the Foreign Service?)  Salaries, promotions, transfers, offices, authorities are money. Ambassadors who do not go to posts on time have big time resource implications in addition to political implications. People who do not have the legal authority to do their jobs (is a consular officer’s notarial legal if he/she did not receive Senate confirmation?) operate in a legal limbo presumably implying risks of all kinds.

So —

Self_certification

click image for larger view

 

Why not ‘just do it’ like Nike? It’s already done but it’s a horrible precedent, what’s next?

This is already being done. Folks have already signed this self-certifying documents and have submitted them as a requirement to their nominations.  They don’t really have a choice, do they? But where does it end?

It doesn’t.

We’ve learned that the SFRC gets information  on names recommended for promotion from the State Department “following vetting” and also directly from the OIG, including information that reportedly goes back decades.

That’s right, going back decades.

If an FSO or any employee is charged with a crime, the employee defends himself/herself in court, and if charged with an administrative matter, the employee defends himself/herself in an HR process. That’s how it works.

One SFRC staffer is now reportedly “negotiating” to gain access to OIG investigative data under the guise of allowing the Senate panel to better advise President Obama concerning the qualifications of Foreign Service Officer candidates. But what the SFRC is now “negotiating” with State and AFSA would be access to raw OIG and Diplomatic Security reports containing derogatory information without any of an employee’s mitigating, exculpatory or defensive evidence information. You okay with that?

What is Senator Corker’s SFRC going to ask for next, your diplomatic liver?

The White House seems asleep at the wheel on this. Today, it’s the State Department, tomorrow, it could be any agency in the Federal Government.

Hey, the Senate Foreign Relations Committee is doing it, what’s the rest of the Senate going to ask for next?

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Happy Easter Greeting: SFRC Left Town With 19 Ambassadorial Nominations Still Stuck on Glue!

Posted: 6:58 am EDT

 

On March 10, the Senate Foreign Relations Committee (SFRC) held confirmation hearings for the following nominees:

  • Mr. Stafford Fitzgerald Haney
    Of New Jersey, To Be Ambassador To Costa Rica
    Download Testimony
  • Mr. Matthew T. McGuire
    Of The District Of Columbia, To Be United States Executive Director Of The International Bank For Reconstruction And Development For A Term Of Two Years
    Download Testimony
  • Mr. Gentry O. Smith
    Of North Carolina, To Be Director Of The Office Of Foreign Missions, And To Have The Rank Of Ambassador
    Download Testimony
  • Mr. Charles C. Adams Jr.
    Of Maryland, To Be Ambassador Of The United States Of America To The Republic Of Finland
    Download Testimony

 

On March 25, four more nominees had their confirmation hearings before the committee:

  • Mr. Paul A. Folmsbee
    Of Oklahoma, To Be Ambassador Of The United States Of America To The Republic Of Mali
    Download Testimony
  • Ms. Mary Catherine Phee
    Of Illinois, To Be Ambassador Of The United States Of America To The Republic Of South Sudan
    Download Testimony=
  • Ms. Cassandra Q. Butts
    Of The District Of Columbia, To Be Ambassador Of The United States Of America To The Commonwealth Of The Bahamas
    Download Testimony
  • Ms. Katherine Simonds Dhanani
    Of Florida, To Be Ambassador Of The United States Of America To The Federal Republic Of Somalia
    Download Testimony

 

On March 27, the U.S. Senate left for the Easter recess, so we won’t see the senators hard at work again until mid April. None of the nominees who already had their confirmation hearings this month were cleared before the committee left town.  Regular Foreign Service officers who have been waiting confirmation for their promotions have also been stuck, some in super glue. We will have a separate post on that. The following are the 25 nominations for ambassadors and senior officials stuck in Committee.

via Wikimedia Commons

via Wikimedia Commons

 

2015-03-26 PN325 | Alaina B. Teplitz, of Illinois, 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 Federal Democratic Republic of Nepal.

2015-03-26 PN324 Julieta Valls Noyes, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Croatia.

2015-03-26 PN323 Atul Keshap, of Virginia, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Democratic Socialist Republic of Sri Lanka, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Maldives.

2015-03-25 PN317 Lucy Tamlyn, of New York, 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 Benin.

2015-03-25 PN316 Hans G. Klemm, of Michigan, 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 Romania.

2015-03-25 PN315 Kathleen Ann Doherty, of New York, 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 Cyprus.

2015-03-16 PN289 Ian C. Kelly, of Illinois, 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 Georgia.

2015-03-11 PN280 David Hale, of New Jersey, 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 Islamic Republic of Pakistan.

2015-03-04 PN238 Perry L. Holloway, of South Carolina, 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 Co-operative Republic of Guyana.

2015-03-04 PN237 Gregory T. Delawie, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Kosovo.

2015-02-25 PN212 Sheila Gwaltney, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kyrgyz Republic.

2015-02-25 PN211 Katherine Simonds Dhanani, of Florida, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Republic of Somalia.

2015-02-12 PN192 Mary Catherine Phee, of Illinois, 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 South Sudan.

2015-02-12 PN189 Charles C. Adams, Jr., of Maryland, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Finland.

2015-02-05 PN177 Nancy Bikoff Pettit, of Virginia, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Latvia.

2015-02-05 PN176 Stafford Fitzgerald Haney, of New Jersey, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Costa Rica.

2015-02-05 PN175 Cassandra Q. Butts, of the District of Columbia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Commonwealth of The Bahamas.

2015-01-08 PN49 Azita Raji, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Sweden.

2015-01-08 PN47 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.

Nominees for two ambassador ranked positions at the United Nations and four assistant secretary level positions at the State Department are also awaiting their confirmation hearings and/or full  Senate vote.

2015-02-12 PN191 United Nations | Sarah Elizabeth Mendelson, of the District of Columbia, to be an Alternate Representative of the United States of America to the Sessions of the General Assembly of the United Nations, during her tenure of service as Representative of the United States of America on the Economic and Social Council of the United Nations.

2015-02-12 PN190 Department of State | Sarah Elizabeth Mendelson, of the District of Columbia, to be Representative of the United States of America on the Economic and Social Council of the United Nations, with the rank of Ambassador.

2015-01-29 PN131 Department of State| Gentry O. Smith, of North Carolina, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Director of the Office of Foreign Missions, and to have the rank of Ambassador during his tenure of service.

2015-01-16 PN87 Department of State | Brian James Egan, of Maryland, to be Legal Adviser of the Department of State.

2015-01-08 PN48 Department of State | Jennifer Ann Haverkamp, of Indiana, to be Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs.

2015-01-08 PN46 Department of State | Michele Thoren Bond, of the District of Columbia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be an Assistant Secretary of State (Consular Affairs).

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374 Foreign Service Promotions Confirmed as Senate Rushed Out For Easter Break

Posted: 2:17 am EDT

 

After another lengthy wait, the U.S. Senate finally confirmed the promotion of 374 Foreign Service officers on March 27, 2015.  The Senate is now adjourned until April 13, 2015 where the wait for several more ambassadorial and regular FS nominees will presumably continue with no end in sight.

2015-03-27 PN69 Foreign Service

Nominations beginning Joyce A. Barr, and ending Nancy E. McEldowney, which 6 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.  The following-named Career Members of the Senior Foreign Service of the Department of State for promotion within the Senior Foreign Service to the class indicated: Career Member of the Senior Foreign Service of the United States of America, Class of Career Minister:

Joyce A. Barr

Robert F. Godec Jr.

Patricia M. Haslach

Paul Wayne Jones

Scot Alan Marciel

Nancy E. McEldowney

 

2015-03-27 PN70 Foreign Service/USAID

Nominations beginning Karen L. Freeman, and ending Monica Stein-Olson, which 5 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

2015-03-27 PN71-1 Foreign Service

Nominations beginning Jeffrey N. Bakken, and ending Ellen Marie Zehr, which 37 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

2015-03-27 PN72-1 Foreign Service

Nominations beginning Gregory Adams, and ending Todd R. Ziccarelli, which 177 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

2015-03-27 PN230-1 Foreign Service

Nominations beginning Alexious Butler, and ending Naida Zecevic Bean, which 143 nominations were received by the Senate and appeared in the Congressional Record on February 26, 2015.

2015-03-27 PN231 Foreign Service

Nominations beginning Adam Michael Branson, and ending Marc C. Gilkey, which 6 nominations were received by the Senate and appeared in the Congressional Record on February 26, 2015.

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Related posts:

 

LGBT Ambassadors: We’ve Come This Far But … Still Pale and Male

Posted: 2:04 am EDT

 

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The following is an excerpt from Life After Jerusalem, a blog by  a lesbian American Indian Foreign Service officer:

None of the stories I have seen on the event (such as this one in the Washington Post and this one in the Washington Blade), which I am the first to admit is a wonderful thing and evidence of how far we have come, mentioned this absence. Which I take as evidence of how far we have to go.
[…]
When the Department recently appointed an LGBT envoy, which to its credit is a career FSO (as is only one of the out gay Ambassadors), it appointed another white man. I was told at the time that there just aren’t any lesbians or people of color who rank highly enough to be considered. And that seems to be true. I can find no lesbian or out person of color who has made it to the ranks of Senior Foreign Service.

Of course, rank didn’t stop the Department during Secretary Rice’s tenure from appointing several men to the position of Deputy Assistant Secretary (DAS) who were only FS 02s in rank (for reference, FS 02 is the Foreign Service equivalent of a Lt. Colonel. Senior Foreign Service is the equivalent of a general. The highest ranking out lesbians that I know of in the Department are FS 01s, or Colonels, higher ranking than those men who were made DASes). And those men did not return to their mid-level positions afterward. In fact, two became Ambassadors, another an Assistant Secretary.

So really, the Department could appoint a career lesbian or out person of color if it really wanted to.

Read in full at Life After Jerusalem.

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Email Episode 1472: No Dust Left on Chappaqua Server?

Posted: 11:28 pm PDT

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The New York Times also posted the letter from the former secretary of state’s lawyer David E. Kendall to House Chairman Trey Gowdy.  Excerpt below:

There is no basis to support the proposed third-party review of the server that hosted the hdr22@clintonemail.com account. During the fall of 2014, Secretary Clinton’s legal representatives reviewed her hdr22@clintonemail.com account for the time period from January 21, 2009 through February 1, 2013. After the review was completed to identify and provide to the Department of State all of the Secretary’s work-related and potentially work-related emails, the Secretary chose not to keep her non-record personal e-mails and asked that her account (which was no longer in active use) be set to retain only the most recent 60 days of e-mail. To avoid prolonging a discussion that would be academic, I have confirmed with the Secretary’s IT support that no e-mails from hdr22@clintonemail.com for the time period January 21, 2009 through February 1, 2013 reside on the server or on any back-up systems associated with the server.

Page 8 of this 9-page document includes a letter from the State Department’s Under Secretary for Management Patrick Kennedy:

We understand that Secretary Clinton would like to continue to retain copies of the documents to assist her in responding to congressional and related inquiries regarding the documents and her tenure as head of the Department. The Department has consulted with the National Archives and Records Administration (NARA) and believes that permitting Secretary Clinton continued access to the documents is in the public interest as it will help promote informed discussion.

Accordingly, Secretary Clinton may retain copies of the documents provided that: access is limited to Secretary Clinton and those directly assisting her in responding to such inquiries; steps are taken to safeguard the documents against loss or unauthorized access; the documents are not released without written authorization by the Department; and there is agreement to return the documents to the Department upon request. Additionally, following counsel, we ask that, to the extent the documents are stored electronically, they continue to be preserved in their electronic format. In the event that State Department reviewers determine that any document or documents is/are classified, additional steps will be required to safeguard and protect the information.

The  entire Kendall-Gowdy letter is available to read here.

Because it’s Friday, there is also this item from Gawker and ProPublica adding a stranger twist to this  email saga.

 

 

In related news, remember when Michael Schmidt broke the NYT story about  Secretary Clinton’s exclusive use of a personal email account during her entire tenure as Secretary of State? That was on March 2.  On March 25,  Secretary Kerry finally asked the Office of Inspector General to review email and record retention at his agency.  The letter Secretary Kerry sent to IG Steve Linick is available to read here (pdf).

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I don’t know about you but … it’s that kind of week.

Greys-Anatomy perfectedflaw

Image: Tumblr, perfectedflaw via Mashable

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Citizens United Files Lawsuit Against State Dept For Harold Geisel’s Records and OIG Report on Diplomatic Security

Posted: 11:16 am PDT
Updated: 8:37 om PDT

 

Via Bloomberg:

Citizens United filed its fourth lawsuit against the State Department on Thursday, this time seeking documents related to the agency’s Office of Inspector General during former Secretary of State Hillary Clinton’s tenure. In the suit, filed in the U.S. District Court for the District of Columbia, the conservative advocacy group complains that the State Department has not responded to two of its Freedom of Information Act requests in more than six months, beyond acknowledging receiving them. The statutory requirement is 20 business days.

In its court filing, Citizens United argues that “when left to their own devices State Department bureaucrats have taken over three years to respond to Citizens United’s FOIA requests” and that “Such extensive delays are in clear violation of both the letter and the spirit of the Freedom of Information Act.”

This latest lawsuit, asked for two specific records related the Office of the Inspector General of the State Department: the first one related to former acting IG Harold Geisel, and the second one related to inspection report ISP-I-13-18 released in March 2013. This is the inspection report (pdf) on Diplomatic Security where the inspectors concluded that Diplomatic Security’s Special Investigations Division (SID) lack independence. The OIG recommended that “The Office of the Deputy Secretary should restructure the investigative responsibilities currently assigned to the Special Investigations Division. The outcome should include safeguards to prevent any Department of State or Diplomatic Security official from improperly influencing the commencement, course, or outcome of any investigation.” We don’t know if anything happened in that front but in any case, Citizens United wanted to see all the details, potentially messy, generated by that report. We should also note that this specific report previously made a cameo appearance in another lawsuit in Texas and attracted congressional interest.

Below excerpted from court records:

CITIZENS UNITED’S SEPTEMBER 16, 2014 FOIA REQUEST (GEISEL RECORDS), F-2014-16237

11. On September 16, 2014 Citizens United submitted a FOIA request, online, to Defendant. See Exhibit B (FOIA Request Letter). The request sought:

On April 25, 2011, The Washington Post reported on the vacant State Department’s Inspector General position. The Washington Post reported that: “One high-ranking official familiar with the selection process said the State Department’s current leadership had opposed filling the top slot because it prefers the office to remain under Geisel’s supervision.” On April 5, 2011 the Government Accountability Office (GAO) released a report titled State Department Inspector General, Actions To Address Independence And Effectiveness Concerns Are Under Way, (GAO-11-382T). The records I request can be described as follows: Any and all records, correspondence, and memos, in any and all formats, that mention, discuss, or reference the performance of Harold W. Geisel as acting State Department inspector general, the nomination of an inspector general, potential candidates for inspector general, a preference or desire to retain Harold W. Geisel as acting State Department inspector general, the aforementioned GAO report, and/or the vacant inspector general position in any context that were sent to and/or sent from any of the following individuals: Secretary of State Hillary Clinton, Office Manager Claire Coleman, Counselor and Chief of Staff Cheryl Mills, Deputy Chief Of Staff for Operations Huma Abedin, Deputy Chief of Staff for Policy Jacob Sullivan, Executive Assistant Alice Wells, Senior Advisor Jeannemarie E. Smith, Special Assistant Lona Valmoro, Special Assistant Nima Abbaszadeh, Special Assistant Bernadette Meehan, Deputy Secretary Thomas Nides, Deputy Secretary William J. Burns, Under Secretary Patrick F. Kennedy, Under Secretary Wendy R. Sherman, and Acting Deputy Department Spokesman Mark C. Toner.

B. CITIZENS UNITED’S SEPTEMBER 16, 2014 FOIA REQUEST (INSPECTOR GENERAL REPORT), F-2014-16250

16. On September 16, 2014 Citizens United submitted a FOIA request, online, to Defendant. See Exhibit D (FOIA Request Letter). The request sought:

Any and all correspondence, memos, or records, in any format, that mention, reference, or discuss the State Department Office of Inspector General report The Bureau Of Diplomatic Security, Office Of Investigations And Counterintelligence, Divisions Of Special Investigations, Criminal Investigations, And Computer Investigations And Forensics (ISP-I-13-18), and/or any previous drafts of the report, and that were sent to, or sent from, the following individuals: Hillary Rodham Clinton, Cheryl D. Mills, Huma Mahmood Abedin, Jennemaire E. Smith, Lona Valmoro, Joanne Laszczych, Monica Hanley, Robert V. Russo, and Nora F. Toiv.

This should be interesting unless everything get Sharpied out.  The case is  Citizens United v. United States Department of State, Civil Action No. 15-cv-441 (pdf).

Also this:

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Snapshot: State/INL’s Counternarcotics Program Afghanistan — $220 Million With Unclear Results

Posted: 1:04  am EDT

 

Via State/OIG:

Afghanistan produces three-quarters of the world’s illicit opium, with cultivation reaching a record high in 2013. To reduce, among other things, illicit opium revenue for the insurgency in Afghanistan, the Department of State (Department), Bureau of International Narcotics and Law Enforcement Affairs (INL), assists the Government of the Islamic Republic of Afghanistan (GIRoA) with initiatives aimed at reducing opium’s supply and demand. Since 2006, INL has expended $220 million on seven Counternarcotics (CN) initiatives in Afghanistan according to its Financial Management Activity Report (FMAR).
[…]
The degree to which INL’s CN program for Afghanistan has achieved desired results is unclear because INL has not fully developed or implemented Performance Measurement Plans (PMPs)2 to track progress for its CN initiatives and to allow for appropriate budgeting. As a result, INL cannot determine whether its Afghan CN initiatives are successful or should be revised, reduced, or canceled. Additionally, the long-term viability of CN initiatives is unclear because INL had not worked with the GIRoA to develop required sustainment plans that detail how CN initiatives will continue without U.S. assistance.

Screen Shot 2015-03-25

Click on image for larger view. (Click here for OIG report in pdf)

Above graphic extracted from State/OIG Audit of Bureau of International Narcotics and Law Enforcement Affairs Counternarcotics Assistance to Afghanistan, November 2014 (pdf).

Related to our blog post on Colombia, note that INL’s program in Afghanistan does not seem to include aerial eradication ( see State/INL: Anti-Drug Aerial Eradication in Colombia and the Cancer-Linked Herbicide, What Now?).

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Former FSO Joan Wadelton With Truthout Goes to Court Over FOIA Case

Posted: 1:0808 am EDT

 

We didn’t know this but former FSO Joan Wadelton was joined by non-profit organization, Truthout in her FOIA lawsuit (pdf) against the State Department. Her formal complaint includes the following:

Over the past decade, Wadelton has collected evidence demonstrating that the type of treatment she received from HR was not unique to her, but instead was the product of a systematic manipulation of the selection board promotion process by a circle of current and former high-level HR managers to advantage themselves and their allies and to disadvantage those they did not favor.

See more here.

Since this is a FOIA case, the Clinton emails made their first walk-in part. We expect that these emails will be cited in many more cases in the court system before too long.

Via Politico:

The saga stemming from revelations about Hillary Clinton’s use of a private email account as secretary of state made its way into a federal courtroom in Washington Wednesday afternoon in an ex-foreign service officer’s lawsuit for records related to her dismissal.

The discussion of the State Department’s email issues—including a disclosure last week that the agency did not automatically archive the email of many top officials until February of this year—came at a hearing on a Freedom of Information Act suit filed by former State employee Joan Wadelton.
[…]

“The State Department has proposed filing a motion for summary judgment in August 2015, stating it requires nearly six months to compile a Vaughn index for approximately 450 documents. The Court is not convinced, without a further and clearer showing of necessity, that six months is needed to complete this task,” wrote Chutkan, an Obama appointee. She ordered the government to offer a written explanation by March 30 of why that many months are needed.

Wadelton’s complaints about favoritism and irregular employment practices at State have been covered by various diplomacy-related blogs and news outlets, including here at the Atlantic.

The Vaughn Index is an itemized index, correlating each withholding with a specific FOIA exemption and a justification for that justification. This document is prepared by the agency, in this case, the State Department, to justify any FOIA withholdings made.

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Related posts:

Joan Wadelton: Time To Fix The State Department (via WhirledView)

Joan Wadelton’s Appeal Makes it to FSGB 2011 Annual Report to Congress (diplopundit.net)

Joan Wadelton’s Case: That’s One Messy Promotion Scorecard, Next Up – It’s GAO Time! (diplopundit.net)

GAO Examines Foreign Service Promotion Process — Strengthened But Documentation Gaps Remain) (diplopundit.net)

U.S. District Court for the Court of the District of Columbia | Wadelton v. State Department, 4/25/13 (pdf)

Wadelton Case | The FOIA Project

WADELTON et al v. DEPARTMENT OF STATE | Complaint 4/1/2013 (pdf)

 

State/INL: Anti-Drug Aerial Eradication in Colombia and the Cancer-Linked Herbicide, What Now?

Posted: 3:35  am EDT

 

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Somebody just wrote us a note saying “It’s not clear why the Department has such a hard time with the facts … Colombian academics and others have offered convincing evidence that spraying roundup in their country is a major health issue and yet the Department resorts to ad hominem attacks rather than dealing with the facts.”  

Two academics were allegedly “treated poorly” when they tried to discuss their findings with the INL staff at the U.S. Embassy in Bogotá in 2013. We have no way of confirming this either way but given the recent news from the World Health Organization, we wanted to know what happens now.   The embassy’s aerial eradication page appears to be outdated by several years.  Its Public Affairs Office does not have a publicly listed contact email. We have reached out to a couple of offices in Foggy Bottom but have not heard anything back.

In 2012, Jenny O’Connor wrote a piece in CounterPunch about Colombia’s Agent Orange. She noted that a core element of U.S. anti-drugs policy in Colombia has been the destruction of coca fields by aerial chemical fumigation thus impacting the cocaine trade at its source.  She cited the Chaco Government investigation in 2010 where its report found that “since the use of glyphosate based herbicides began in 2002 the communities most exposed had experienced an alarming increase in birth defects, spontaneous abortion and leukaemia, brain tumours and lymphomas in children under the age of 15.”

In 2013, WOLA described the coca fumigation in Colombia:

Aircraft, mostly piloted by contractor personnel, fly over coca-growing zones spraying “Round-Up Ultra,” an herbicide including the active ingredient glyphosate, over about 100,000 hectares per year of Colombian territory. Between 1996 and 2012, aircraft have sprayed herbicides over 1.6 million hectares of Colombia—an area equivalent to a square 80 miles on each side. The corners of such a square would stretch from the Washington suburbs to the Philadelphia suburbs. That’s the equivalent of one hectare sprayed every 5 minutes and 29 seconds since January 1, 1996.
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While fumigation has contributed modestly to reduced coca growing, it has done so at a steep cost, both in dollars and in goodwill toward Colombia’s government in conflictive territories where it is most needed.
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Testimonies of health and environmental damage from fumigation have proliferated, but are hard to verify. Still, the damage to the government’s credibility is already done when the local population believes them to be true. And nearly everyone in affected zones can cite a case of legal food crops destroyed by spraying, forcing families to confront hunger.

 

It looks like the last certification posted online on the Secretary of State’s certification on the aerial eradication is dated August 10, 2007.

Memorandum of Justification Concerning the Secretary of State’s 2007 Certification of Conditions Related to the Aerial Eradication of Illicit Coca in Colombia

The Secretary of State determined and certified in 2002, 2003, 2004, 2005, and 2006 that the herbicide mixture, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment. After previous consultations with EPA, the Department of State and the Government of Colombia have incorporated all EPA recommendations to strengthen spray program controls and ensure increased protection against adverse effects to humans and the environment. The Department of State is not aware of any published scientific evidence of risks or adverse effects to humans or the environment that have surfaced since the 2006 certification. Included below is a brief review of the conditions that allow the Secretary to recertify to Congress in 2007 that the herbicide mixture, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment.

In the 2004 EPA report, EPA offered the following assessment of human health concerns related to the spraying of coca in Colombia: “Despite an aggressive search for cases, there does not appear to be any evidence that glyphosate aerial spraying has resulted in any adverse health effects among the population where this spraying takes place.” EPA also concluded “that an aggressive program to identify glyphosate poisoning has been implemented in the areas of Colombia where illicit crop eradication spraying programs are prevalent.” A significant number of health care providers have received training and additional training is under way or planned.

We have been unable to locate a more recent justification for the use of glyphosate in aerial spraying.  If there is a more recent one, please send us a link.

 

State/INL’s 2015 International Narcotics Control Strategy Report (INCSR) includes the following details:

Colombian Ministry of Defense authorities reported seizing over 207.4 MT of cocaine and cocaine base in 2014, and eliminated tons of additional potential cocaine through the combined aerial and manual eradication of 67,234 ha of coca over the year.
[…]
In areas where Colombia allows aerial eradication, coca fields are less productive than they were when eradication operations began in the late 1990s. Nevertheless, illicit cultivation continues and is increasing in Colombia’s national parks, indigenous reserves, the department of Norte de Santander, and within a 10-kilometer zone along the border with Ecuador, where Colombian law or international and regional agreements prohibit aerial eradication.

In late 2014, the governments of Colombia and Ecuador implemented an agreement to reduce the border exclusion zone to 5 kilometers which permits expanded aerial eradication along the Colombian-Ecuadorian border. Colombia aerially eradicated 55,532 ha of coca in 2014, surpassing its goal of 55,000 ha. Colombia manually eradicated 11,702 ha of coca in 2014, falling short of its goal of 14,000 ha. Numerous local level protests blocking access roads to coca fields were a major obstacle to manual eradication’s ability to operate in major coca growing regions.

The Wall Street Journal reports that the EPA concluded in a 2012 study that glyphosate meets safety standards for human health when used in keeping with its label. The agency is reportedly conducting a scheduled review of glyphosate in conjunction with Canadian regulators.

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Only 1 in 6 Employees Believe State Dept Senior Leadership Understands FS Work/Life Challenges

Posted: 3:01  am EDT

 

Via afsa.org:

In 2014, the American Foreign Service Association (AFSA) commissioned a third-party survey to better understand members’ views of AFSA as a professional association and union, as well as their opinions on AFSA’s advocacy and labor management priorities.  Of the nearly 3,500 responses, 1,600 came from active-duty State members who responded to State-specific questions.

The infographics made available by AFSA (pdf) notes that 40% agree or strongly agree that slowing promotion rates, limited career advancement, or a lack of professional development opportunities is causing them to consider leaving the Foreign Service. It also notes the membership opinion on quality of work and life issues as well as security issues.

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We are still hunting down a copy of the full membership survey.  We should note that AFSA is the professional association and labor union of the United States Foreign Service with more than 16,345 dues-paying members. According to its 2014 annual report, it has 10,664 members who are in active-duty with the State Department and 3,717 members who are retired employees. Looks like 15% of the active service members and 51% of retired members participated in this survey.

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