Can private lawyers hoard potentially classified information? Yes. No, It Depends. Wait, No?

Posted: 2:30 am EDT

 

Related to Brown v. State Department: Another Day, Another FOIA Lawsuit, David Brown wanted to know “If it is now policy to allow private lawyers to hoard potentially classified information, the public is entitled to know the authority by which such policies are maintained, and who is permitted such generous treatment.”  

The Daily Beast last week reported that Clinton’s private lawyer got his way when he pushed back after being asked to delete all copies of a classified email—a level of deference an expert calls ‘far from the norm.’  State Department employees were also reportedly told “to develop a system that would let Kendall keep the emails in a State Department-provided safe at his law firm in Washington, D.C., where he and a partner had access to them” according to the Daily Beast.

Newly released documents, obtained by The Daily Beast in coordination with the James Madison Project under the Freedom of Information Act, include legal correspondence and internal State Department communications about Clinton’s emails. Those documents provide new details about how officials tried to accommodate the former secretary of state and presidential candidate.
[…]
“The arrangement with Kendall was far from the norm,” Steven Aftergood, an expert on classification and security policy at the Federation of American Scientists, told The Daily Beast. “There are a number of attorneys around who handle clients and cases involving classified information. They are almost never allowed to retain classified material in their office, whether they have a safe or not. Sometimes they are not even allowed to review the classified information, even if they are cleared for it, because an agency will say they don’t have a ‘need to know.’ In any event, the deference shown to Mr. Kendall by the State Department was quite unusual.”
[…]
While State Department officials initially may have felt that non-government lawyers were qualified to maintain classified emails at their office, they changed their tune as investigators began to discover more top secret information among Clinton’s communications.
[…]
The arrangement with Kendall has been previously reported. But the documents reveal new details about what was happening inside the State Department as officials moved ahead with the unorthodox setup.

 

Related item:

12 FAM 530 STORING AND SAFEGUARDING CLASSIFIED MATERIAL-June 25, 2015, pdf).

 

#

 

Josh Rogin’s Exclusive: Benghazi ‘Scapegoat’ Raymond Maxwell Speaks Out — Duck and Cover!

Whoops! Too late!

Raymond Maxwell was placed on forced “administrative leave” after the State Department’s own internal investigation, conducted by an Administrative Review Board (ARB) led by former State Department official Tom Pickering. Five months after he was told to clean out his desk and leave the building, Maxwell remains in professional and legal limbo, having been associated publicly with the death of Ambassador Chris Stevens and three other American for reasons that remain unclear.
[…]
“The overall goal is to restore my honor,” said Maxwell, who has now filed grievances regarding his treatment with the State Department’s human resources bureau and the American Foreign Service Association, which represents the interests of foreign-service officers. The other three officials placed on leave were in the diplomatic security bureau, leaving Maxwell as the only official in the bureau of Near Eastern Affairs (NEA), which had responsibility for Libya, to lose his job.

“I had no involvement to any degree with decisions on security and the funding of security at our diplomatic mission in Benghazi,” he said.
[…]

Since the leave is not considered a formal disciplinary action, Maxwell has no means to appeal the status, as he would if he had been outright fired. To this day, he says, nobody from the State Department has ever told him why he was singled out for discipline. He has never had access to the classified portion of the ARB report, where all of the details regarding personnel failures leading up to Benghazi are confined. He also says he has never been shown any evidence or witness testimony linking him to the Benghazi incident.

Maxwell says he had planned to retire last September, but extended his time voluntarily after the Sept. 11 attack to help the bureau in its time of need. Now, he is refusing to retire until his situation is clarified. He is seeking a restoration of his previous position, a public statement of apology from State, reimbursement for his legal fees, and an extension of his time in service to equal the time he has spent at home on administrative leave.

“For any FSO being at work is the essence of everything and being deprived of that and being cast out was devastating,” he said.
[…]

The decision to place Maxwell on administrative leave was made by Clinton’s chief of staff Cheryl Mills, according to three State Department officials with direct knowledge of the events. On the day after the unclassified version of the ARB’s report was released in December, Mills called Acting Assistant Secretary of State for Near Eastern Affairs Beth Jones and directed her to have Maxwell leave his job immediately.

“Cheryl Mills directed me to remove you immediately from the [deputy assistant secretary] position,” Jones told Maxwell, according to Maxwell.
[…]
But Jones was not disciplined in any way following the release of the report, nor was the principal deputy assistant secretary of State at NEA, Liz Dibble, who is slated to receive a plush post as the deputy chief of mission at the U.S. embassy in London this summer. In the DS bureau, the assistant secretary, principal deputy, and deputy assistant all lost their jobs. In the NEA bureau, only Maxwell was asked to leave.

Read  John Rogin’s  Exclusive: Hillary’s Benghazi ‘Scapegoat’ Speaks Out from his new home at the Daily Beast.

The somebodies appear to have miscalculated that folks would just go away quietly …

And it’s all a coincidence, of course, that on the same day that this came out, the State Department released its Benghazi Accountability Review Board Implementation and Secretary Kerry showed up at the George P. Shultz National Foreign Affairs Training Center in Arlington, Virginia to deliver Remarks to the Foreign Service Institute Overseas Security Seminar  (dear heavens! it’s open to the press and cameras!). We can’t recall a secretary of state ever showing up for that overseas seminar, can you?

— DS

 

 

 

 

 

All Susan All the Time — Foggy Bottom’s Hallway Conversation?

The Daily Beast has a new addition to the Susan Rice, please let this be over story already. It’s titled, Susan Rice’s Personality ‘Disorder’.  Is it just us or are folks trying to outdo themselves with their Susan headlines?  We fear that the longer this runs, the more outrageous the headlines will be; so they’ll get our attention despite cruising towards some darn cliff, of course.  While it is not surprising that this is a hallway conversation over in Foggy Bottom, we’re still struck by this: (excerpt):

George W. Bush, had flouted longstanding tradition and downgraded the U.N. job to sub-cabinet status, but President Obama restored it to cabinet rank for Rice—thus insuring intense bureaucratic rivalry between the U.S. Mission in New York and the State Department in Washington, where various career foreign-service officers view the prospect of Rice’s takeover with suspicion.

“It’s the hallway conversation,” says a longtime State Department staffer. “It’s like, Jesus Christ, woe unto us all if this happens!”

Indeed, Rice has apparently left a trail of bruised egos and injured feelings in the nation’s capital. A veteran of the Clinton White House recalls a junior aide being summoned by Rice, then director of Africa policy at the National Security Council, and returning to his desk in tears.

 

It’s like, Jesus Christ, must be more than just bruised egos!

How come this makes us think of our favorite resident from the Foggiest Bottom?

domani spero sig