Former SecState Hillary Clinton Makes History as Democratic Presidential Nominee

Posted: 3:20 am ET

 

The 67th Secretary of State  Hillary Rodham Clinton (2009–2013) made history on July 28 as she became the first woman to win a major party’s nomination for president.

If she wins the election in November, she would become the 45th President of the United States, the first Madam President, and only the 7th Secretary of State to become President of the United States.

SecState #1 Thomas Jefferson (1790–1793) became 3rd POTUS (1801-1809)

SecState #5  James Madison (1801–1809) became 4th POTUS (1809-1817)

SecState #7 James Monroe (1811–1817) became 5th POTUS (1817-1825)

SecState#8 John Quincy Adams (1817–1825) became 6th POTUS (1825-1829)

SeState #10 Martin Van Buren (1829–1831) became 8th POTUS (1837-1841)

SecState #17 James Buchanan (1845–1849) became 15th POTUS (1857-1861)

Click here for the list of Secretaries of State via history.state.gov.

Click here for list of Presidents of the United States via wikipedia.

Probably the best line of the night:

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@StateDept Restricts Travel of USG Personnel/Family Members in Saudi Arabia, Issues New Travel Warning

Posted: 3:29 am ET

The State Department issued a new Travel Warning for Saudi Arabia on July 27. It cites continuing security threats in the country including a “high potential” for spill over violence from Yemen. The new warning also notes the travel restrictions for USG personnel and family members in the country. Excerpt:

The Department of State recommends that U.S. citizens carefully consider the risks of travel to Saudi Arabia due to continuing ISIL (Da’esh) directed or inspired attacks across the Kingdom. Furthermore, continuing violence in neighboring countries such as Yemen has a high potential to spill over into Saudi Arabia. This replaces the Travel Warning issued April 11, 2016.

Security threats continue. Terrorist groups, some affiliated with ISIL or Al-Qaida in the Arabian Peninsula (AQAP), have targeted both Saudi and Western interests, including the U.S. Consulate General in Jeddah, mosques and significant religious sites (both Sunni and Shia), and places where members of the Shia-Muslim minority gather. Possible targets include mosques, pilgrimage locations, and Saudi government facilities, as well as housing compounds, hotels, restaurants, shopping areas, international schools, Western consulates and embassies, and other facilities where Westerners congregate.

sa-map

Over the past year, there have been multiple attacks on targets in Saudi Arabia, some resulting in significant loss of life. On July 4, 2016 suicide bombers launched attacks near:

  • U.S. Consulate General Jeddah
  • the Prophet’s Mosque (also known as Al-Masjid an-Nabawi) in Medina
  • a mosque in Qatif

On February 8, 2016, ISIL claimed responsibility for an explosion targeting a Saudi citizen in the Al-Azizia district of Riyadh. Media reports indicate that Saudi authorities thwarted plans to attack the Al-Janadriah festival in Riyadh, which took place in February 2016. In January 2016 a Shia mosque in Al-Ahsa in Eastern Province was attacked, as was a Shia mosque in Najran in October 2015. On October 16, 2015, a mass shooting took place at a gathering in Saihat. On August 6, 2015, a mosque in the city of Abha was bombed.  Most of the victims in that attack were members of the Saudi security forces.

U.S. government personnel and their families are restricted from travel in the following areas:

  • within 50 miles of the Yemeni border
  • the city of Jizan
  • the city of Najran
  • Qatif in the Eastern Province and its suburbs, including Awamiyah
  • Hofuf and its suburbs in the Al Hasa Governorate

Read in full here.

 

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Photo of the Day: The Room Numbers on His Arm

Posted: 3:25 am ET

Via State/DS:

A Diplomatic Security Assistant Regional Security Officer who responded to the attack checks his weapon. Scrawled in ink on his arm are the room numbers of Americans trapped inside the hotel. The DSS-led team entered the building a second time to rescue them. (U.S. Department of State photo)

A Diplomatic Security Assistant Regional Security Officer who responded to Bamako’s Radisson Blu Hotel attack in Mali checks his weapon. Scrawled in ink on his arm are the room numbers of Americans trapped inside the hotel. The DSS-led team entered the building a second time to rescue them. (U.S. Department of State photo)

 

Yemen Non-Evacuation: Court Refuses to Second-Guess Discretionary Foreign Policy Decisions

Posted: 4:38 am ET

The State Department’s Yemen Crisis page notes that due to deteriorating situation, it suspended embassy operations on February 11, 2015, and U.S. Embassy Sana’a American staff were relocated out of the country.  “All consular services, routine and emergency, continue to be suspended until further notice. The Department notified the public of this move, and its impact on consular services, and urged U.S. citizens in Yemen to depart while commercial transportation was available.”

The U.S. Embassy in Sanaa went on mandatory evacuation in May 2011 (see US Embassy Yemen Now on Ordered Departure), and again in August 2013 (see US Embassy Yemen Now on Ordered Departure) and November 2014 (see US Embassy Yemen on Ordered Departure Once Again). In July 2014, the State Department issued a Travel Warning, see New Travel Warning for Yemen — Don’t Come; If In Country, Leave! But Some Can’t Leave).

See our other posts:

The case below was filed on April 9, 2015 by a Nora Ali Mobarez, a United States citizen residing in Yemen.  She was joined by “25 other people, all of whom are U.S. citizens or permanent residents with Yemeni connections” in filing a cases against the Secretaries of State and Defense and seeking a court order to “compel Defendants to comply with an alleged duty of the Executive Branch to provide a means of evacuation from Yemen for them or their relatives.”

Excerpt from the Memorandum of Opinion dated May 17, 2016 by Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia:

Plaintiff Nora Ali Mobarez, a United States citizen, is currently residing in the war-torn and conflict-ridden Republic of Yemen. (See Compl., ECF No. 2, ¶¶ 4, 55– 59.) Mobarez has joined with 25 other people, all of whom are U.S. citizens or permanent residents with Yemeni connections, to file the instant official-capacity complaint against the Secretary of the Department of State (“State”) and the Secretary of the Department of Defense (“DOD” and, collectively, “Defendants”). These plaintiffs seek a court order to compel Defendants to comply with an alleged duty of the Executive Branch to provide a means of evacuation from Yemen for them or their relatives. (See id. ¶¶ 3–24, 29–77.) Specifically, their complaint asserts that the United States has closed its embassy in Sana’a, Yemen, has evacuated embassy staff, and has removed Marines from the country, but that the U.S. government has yet to execute any plan to secure the safe removal of private American citizens. (See id. ¶¶ 34–36, 77.) According to Plaintiffs, Defendants’ forbearance violates the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701–06, insofar as Defendants “have failed to provide through direct military assistance or contracting with commercial entities the necessary equipment, ships, airplanes, and other items that are available to Defendants to [e]nsure the security, safety, and well-being of United States citizens[,]” and have therefore “unlawfully withheld and/or unreasonably delayed agency action to which the Plaintiffs are entitled” and/or “have taken action that is arbitrary and capricious and an abuse of discretion and not in accordance with law[.]” (Id. ¶ 81.)

Before this Court at present is Defendants’ Motion to Dismiss the instant complaint. (See Defs.’ Mot. to Dismiss (“Defs.’ Mot.”), ECF No. 8.) Defendants contend that Plaintiffs are wrong about the existence of any duty to evacuate them. (See Defs.’ Reply in Supp. of Defs.’ Mot. (“Reply”), ECF No. 12, at 6–8.)1 Furthermore, as a threshold matter, Defendants insist that legal claims such as the ones Plaintiffs bring here require the judiciary to second-guess the discretionary foreign- policy decisions of the Executive Branch, and thus, are nonjusticiable under the political-question doctrine. (See Defs.’ Mem. in Supp. of Defs.’ Mot. (“Defs.’ Mem.”), ECF No. 8-1, at 12–14.)

On March 31, 2016, this Court issued an order GRANTING Defendants’ Motion to Dismiss Plaintiffs’ complaint. (See Order, ECF No. 13.) The instant Memorandum Opinion explains the Court’s reasons for that order. In short, the Court agrees with Defendants’ justiciability argument, and has therefore concluded that it lacks jurisdiction to entertain Plaintiffs’ complaint.
[…]
Plaintiffs have asked this Court, in no uncertain terms, to issue an order that compels the Executive Branch to conduct an evacuation of American citizens in Yemen. Not surprisingly, Defendants insist that any such order would impermissibly encroach upon the discretion that the Constitution affords to the political branches to conduct foreign affairs; therefore, prior to considering Defendants’ contention that Plaintiffs’ complaint fails to state a claim under the APA, this Court must first determine whether or not it has the authority to traverse the thicket of thorny foreign-policy issues that encompasses Plaintiffs’ allegations. Precedent in this area makes it crystal clear that federal courts cannot answer “political questions” that are presented to them in the guise of legal issues, see infra Part III.A., but identifying which claims qualify as nonjusticiable political questions—and which do not—can sometimes be a substantially less lucid endeavor. Not so here: as explained below, after considering the parties’ arguments and the applicable law regarding the boundaries of the political-question doctrine, this Court is confident that Plaintiffs’ claims fit well within the scope of the nonjusticiability principles that the Supreme Court and D.C. Circuit have long articulated. Accordingly, in its Order of March 31, 2016, the Court granted Defendants’ motion and dismissed Plaintiffs’ case.
[…]
It cannot be seriously disputed that “decision-making in the fields of foreign policy and national security is textually committed to the political branches of government.” Schneider, 412 F.3d at 194; see also id. at 194–95 (collecting the various explicit “[d]irect allocation[s]” in the Constitution of those responsibilities to the legislative and executive branches). And, indeed, Plaintiffs seek to have this Court question the Executive Branch’s discretionary decision to refrain from using military force to implement an evacuation under the circumstances described in the complaint, despite the fact that, per the Constitution, it is the President who, as head of the Executive Branch and “Commander in Chief[,]” U.S. Const. Art. II, § 2, decides whether and when to deploy military forces, not this Court. See El-Shifa, 607 F.3d at 842 (explaining that a claim “requiring [the court] to decide whether taking military action was wise” is a nonjusticiable “policy choice[] and value determination[]” (second and third alterations in original) (internal quotation marks and citation omitted)).

Plaintiffs’ suggestion that the court-ordered remedy they seek could very well stop short of a direct mandate for military intervention (see Pls.’ Opp’n at 15 (asserting that “[t]his Court can order Defendants to [effectuate the evacuation] by simply directing the evacuation to happen and leaving it to Defendants to determine the means”)) makes no difference, as far as the political-question doctrine is concerned. Regardless, the clear basis for the complaint’s assertion that Plaintiffs are entitled to any relief at all is the contention that the Executive Branch has abused its discretion— in APA terms—in refusing to evacuate U.S. citizens from Yemen thus far (see, e.g., Compl. ¶ 81), and the Court’s evaluation of that contention would necessarily involve second-guessing the “wisdom” of these agencies’ discretionary determinations.
[…]
[T]he “strategic choices directing the nation’s foreign affairs are constitutionally committed to the political branches[,]” and once it becomes clear that a plaintiff wishes the courts to “reconsider the wisdom of discretionary foreign policy decisions[,]” the judicial inquiry must end.

Read the Memorandum of Opinion here (PDF) or read below:

 

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US Embassy Burma: “Routine Security Drill” Triggers Bomb Scare in Yangon

Posted: 2:36 am ET

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U.S. Mission Turkey Now on “Authorized Departure” For Family Members in Ankara and Istanbul

Posted: 2:08 am ET

 

The State Department updated its Travel Warning for Turkey on July 26 announcing the “authorized departure” of U.S. Mission Turkey family members from the US Embassy in Ankara and the Consulate General in Istanbul.

The U.S. Department of State continues to warn U.S. citizens of increased threats from terrorist groups throughout Turkey and to avoid travel to southeastern Turkey. The U.S. Department of State is updating this Travel Warning to reflect the July 25, 2016, decision to authorize the voluntary departure of family members of employees posted to the U.S. Embassy in Ankara and U.S. Consulate General in Istanbul, Turkey. The Department of State made this decision following the July 15 attempted coup and subsequent declaration by the Turkish government of a 90-day State of Emergency. The Department continues to monitor the effect of these developments on the overall security situation in the country and advises U.S. citizens to reconsider travel to Turkey at this time. During this period, U.S. citizens in Turkey may see an increase in police or military activities and restrictions on movement.

Read the updated warning here.

Screen Shot

The State Department has already extended its March 29, 2016 mandatory evacuation order for family members of U.S. Government personnel posted to the U.S. Consulate in Adana and family members of U.S. Government civilians in Izmir province through July 26, 2016.  We expect to hear further extension of that order now that the two other posts in the country are now on authorized departure  following the declaration of a 90-day State of Emergency. See @StateDept Extends “Ordered Departure” Status for Consulate Adana/Izmir Prov Through July 26, 2016.

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EEOC Case: FS Candidate Wins Disability Discrimination Case, Sinks For Selective Service Registration Fail

Posted: 4:32 am ET

Via eeoc.gov:

On March 9, 2004, Complainant filed a formal complaint alleging that he was subjected to disability discrimination when he was denied an appointment to a Junior Officer position with the Foreign Service.  After an investigation, the Agency issued a final decision finding no discrimination, and Complainant appealed.  In our prior decision, we found the Agency discriminated against him when it failed to grant him a medical clearance based on its “worldwide availability” requirement.  Bitsas v. U.S. Department of State, EEOC Appeal No. 0120051657 (Sept. 30, 2009).  As relief, we ordered the Agency to retroactively offer Complainant a Junior Officer position, and to tender back pay and promotions from the date Complainant would have encumbered his position, absent discrimination, until the date he either enters on duty or is denied a medical or security clearance.  We further ordered the Agency to undertake a supplemental investigation into complainant’s entitlement to compensatory damages, provide training, consider taking disciplinary action, and post a notice of the finding of discrimination.  Id.

Pursuant to our order, on November 10, 2009, the Agency sent Complainant a Conditional Offer of Appointment to a Junior Officer position, contingent on the satisfactory completion of the security, medical, and suitability clearance processes.  On January 1, 2010, Complainant received a Class 1 Medical Clearance.  However, on July 16, 2010, the Agency’s Final Review Panel (FRP) terminated Complainant’s candidacy based on suitability grounds.

The FRP concluded that, pursuant to 5 U.S.C. § 3328, Complainant was ineligible for federal Executive branch employment because he failed to register with the Selective Service System (SSS).  The Panel also concluded that there were several instances of misconduct in Complainant’s prior employment which rendered him ineligible for employment with the Foreign Service.  Complainant appealed this decision, but on December 8, 2010, the Office of Personnel Management (OPM) determined that Complainant’s failure to register with the SSS was knowing and/or willful; thus, he was ineligible for appointment to an Executive Agency.  Complainant sought a request for reconsideration with the OPM, which was denied.

In the meantime, Complainant sent the Agency information regarding his entitlement to compensatory damages.  On April 11, 2012, the Agency issued a final decision denying compensatory damages, reasoning that the FRP’s suitability finding would have resulted in the withdrawal of his conditional offer of employment, even if he had been granted a medical clearance for worldwide availability.  Accordingly, the Agency determined complainant was not entitled to any compensatory damages.
[…]

The Agency is ordered to take the following remedial action:

1. The Agency shall determine the appropriate amount of back pay, with interest, and other benefits due Complainant, pursuant to 29 C.F.R. § 1614.501, no later than one hundred and twenty (120) calendar days after the date this decision becomes final.  The back pay period shall be from September 23, 2003 until the date the Agency discovered Complainant had not registered with the SSS, approximately July 16, 2010.  The Complainant shall cooperate in the Agency’s efforts to compute the amount of back pay and benefits due, and shall provide all relevant information requested by the Agency.  If there is a dispute regarding the exact amount of back pay and/or benefits, the Agency shall issue a check to the Complainant for the undisputed amount within sixty (60) calendar days of the date the Agency determines the amount it believes to be due.  The Complainant may petition for enforcement or clarification of the amount in dispute.  The petition for clarification or enforcement must be filed with the Compliance Officer, at the address referenced in the statement entitled “Implementation of the Commission’s Decision.”

2. Within one hundred and twenty (120) calendar days, the Agency shall undertake a supplemental investigation to determine Complainant’s entitlement to compensatory damages under Title VII. The Agency shall give Complainant notice of his right to submit objective evidence (pursuant to the guidance given in Carle v. Department of the Navy, EEOC Appeal No. 01922369 (January 5, 1993)) and request objective evidence from Complainant in support of his request for compensatory damages within forty-five (45) calendar days of the date Complainant receives the Agency’s notice.  No later than ninety (90) calendar days after the date that this decision becomes final, the Agency shall issue a final Agency decision addressing the issue of compensatory damages.  The final decision shall contain appeal rights to the Commission. The Agency shall submit a copy of the final decision to the Compliance Officer at the address set forth below.

3. The Agency shall pay Complainant’s reasonable attorney fees in accordance with the paragraph below.

4. The Agency is further directed to submit a report of compliance, as provided in the statement entitled “Implementation of the Commission’s Decision.”  The report shall include supporting documentation of the Agency’s calculation of back pay and other benefits due Complainant, including evidence that the corrective action has been implemented.

See why. Read Harvey D. v. Department of State, EEOC Appeal No.0120122385 (Oct. 22, 2015) http://www.eeoc.gov/decisions/0120122385.txt

Under current law, all male U.S. citizens between 18–25 years are required to register with Selective Service within 30 days of their 18th birthday. Non-U.S.-citizen males between the ages of 18 and 25 (inclusive) living in the United States must also register. See the Who Must Register chart here.

 

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Trump’s Wild Talk About America’s NATO Treaty Obligations — Not/Not a Misquote

Posted: 12:19 pm ET

 

SANGER: But I guess the question is, If we can’t, do you think that your presidency, let’s assume for a moment that they contribute what they are contributing today, or what they have contributed historically, your presidency would be one of pulling back and saying, “You know, we’re not going to invest in these alliances with NATO, we are not going to invest as much as we have in Asia since the end of the Korean War because we can’t afford it and it’s really not in our interest to do so.”

TRUMP: If we cannot be properly reimbursed for the tremendous cost of our military protecting other countries, and in many cases the countries I’m talking about are extremely rich. Then if we cannot make a deal, which I believe we will be able to, and which I would prefer being able to, but if we cannot make a deal, I would like you to say, I would prefer being able to, some people, the one thing they took out of your last story, you know, some people, the fools and the haters, they said, “Oh, Trump doesn’t want to protect you.” I would prefer that we be able to continue, but if we are not going to be reasonably reimbursed for the tremendous cost of protecting these massive nations with tremendous wealth — you have the tape going on?

SANGER: We do.

HABERMAN: We both do.

TRUMP: With massive wealth. Massive wealth. We’re talking about countries that are doing very well. Then yes, I would be absolutely prepared to tell those countries, “Congratulations, you will be defending yourself.”

[…]

SANGER: I was just in the Baltic States. They are very concerned obviously about this new Russian activism, they are seeing submarines off their coasts, they are seeing airplanes they haven’t seen since the Cold War coming, bombers doing test runs. If Russia came over the border into Estonia or Latvia, Lithuania, places that Americans don’t think about all that often, would you come to their immediate military aid?

TRUMP: I don’t want to tell you what I’d do because I don’t want Putin to know what I’d do. I have a serious chance of becoming president and I’m not like Obama, that every time they send some troops into Iraq or anyplace else, he has a news conference to announce it.

SANGER: They are NATO members, and we are treaty-obligated ——

TRUMP: We have many NATO members that aren’t paying their bills.

[…]

TRUMP: I’m a fan of the Kurds, you understand.

SANGER: But Erdogan is not. Tell us how you would deal with that?

TRUMP: Well, it would be ideal if we could get them all together. And that would be a possibility. But I’m a big fan of the Kurdish forces. At the same time, I think we have a potentially — we could have a potentially very successful relationship with Turkey. And it would be really wonderful if we could put them somehow both together.

SANGER: And what’s your diplomatic plan for doing that?

TRUMP: Meetings. If I ever have the opportunity to do it, meaning if I win, we will have meetings, we will have meetings very early on.

There’s mooooore, oh, dear.

Meanwhile — in Russia, Trump is apparently “inspiring a new generation of optimism.”

Here’s the NATO reaction:

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Amb. to Seoul Mark Lippert Gets an F-16 Ride Over South Korean Airspace, DPRK Reacts

Posted: 3:01 am ET

 

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More Email Fallout and Security Clearance: @StateDept Says, “We’ll do it by the FAM.”

Posted: 4:22 am ET

The State Department has reportedly resumed its internal review related to the Clinton emails.  The spox refused to confirm “what specific materials” the State Department will consider or “what individuals may or may not be evaluated for possible employment or security clearance-related actions.” Note that this internal review is conducted by Diplomatic Security; perhaps due to public interest the results of the review may be released to the public, but that is not a given.

Via DPB dated July 15, 2016

We have additional information to provide about our internal review process. I will not be speaking about any specific case, nor will I be engaging in hypotheticals. As is standard, to protect the integrity of our work we cannot discuss the details of an ongoing review. Just as the FBI did not comment on its investigation, while it is ongoing we will not comment on our review.

That means I cannot confirm for you what specific materials we will consider or what individuals may or may not be evaluated for possible employment or security clearance-related actions. Our policy – so yes, it is —

QUESTION: What can you tell us?

MS TRUDEAU: It is moving. Yes, well, let’s go and I’ll give you exactly what we can.

Our policy is to assess each case on its own merits while taking into account all relative – relevant facts and circumstances. Furthermore, the department cannot comment on the status of any particular individual’s security clearance. Our goal is to complete this process thoroughly and expeditiously, but we will not put arbitrary deadlines on our work.

There is a significant amount of information about our process available to the public online. You’ll like this: For instance, I would point you to our Foreign Affairs Manual, specifically 12 FAM 500 and 230 sections. I’ll do my best to outline this process from the podium, but I cannot speak to every provision in the FAM. I also cannot speak to how the process will be applied to account for any specific circumstances.

In summary – and I still have a lot more to go, so stay with me – Diplomatic Security is responsible for evaluating security incidents and then reviewing them as appropriate for potential security clearance-related actions. Diplomatic Security is also responsible for referring certain incidents to our Bureau of Human Resources for potential employment actions. No matter the individual or conduct involved, the department conducts the review process in a professional, impartial, and fair manner that takes into account all relevant circumstances.

Multiple components within Diplomatic Security are involved in the process, supervised and overseen by the assistant secretary for Diplomatic Security. One component of Diplomatic Security conducts an initial assessment of security incidents and, when appropriate, issues security infractions or security violations. Security clearance reviews are conducted by a different DS component. As with Director Comey at the FBI and Attorney General Lynch at DOJ, it’s standard for our chief law enforcement officer, the assistant secretary for Diplomatic Security, to be involved with high-profile or complex matters, which is certainly the case here.

Assistant Secretary Greg Starr is the person in Diplomatic Security who is ultimately responsible for affirming or rejecting recommendations to revoke an individual’s security clearance. A decision to revoke a security clearance may be appealed to the Security Appeals Panel. Similarly, our human resource process can include multiple components, but ultimately Director General Arnold Chacon is responsible for taking disciplinary actions on an employee. That’s our process.

I know there’s questions about potential outcomes of the process. The short answer is that outcomes for any individual depend on their specific circumstances taking into account all of the relevant facts. This is what our review will determine. Current employees can face a range of employment discipline including reprimand, suspension, and termination. People with security clearances, including former employees, could have those clearances suspended and/or revoked.

We also maintain a security file on all personnel involved in security incidents. For individuals who no longer have a security clearance, the incident information is kept in their security file so it can be considered if they apply for a security clearance in the future. When evaluating whether a person remains eligible for access to classified information, the department follows the whole person approach based on the government-wide adjudication guidelines. Our Foreign Affairs Manual states that, quote, “Each case will be judged on its own merits,” end quote, based on specific, quote, “facts and circumstances,” end quote. Under the guidelines we can look at the severity of an incident, whether the person is a repeat offender, whether the individual is amenable to training or reform, and whether the incident was a technical violation or resulted in actual harm to national security.

As we have said, now that the FBI and DOJ have concluded their investigation, the department intends to conduct a review of Secretary Clinton’s emails according to our well established Security Incident Program. We’re preparing to conduct our review.

QUESTION: Okay.

MS TRUDEAU: So there’s a lot. Thank you for your patience.

QUESTION: Well, I’ve got to digest quite a few.

MS TRUDEAU: Yeah.

QUESTION: But be with me on this, because I’m trying to get my head around it.

MS TRUDEAU: Yeah.

QUESTION: So the question here is: Has the FBI handed over – and how many emails has the FBI handed over to be reviewed?

MS TRUDEAU: At this stage, we have not received any from the FBI.

QUESTION: Have they indicated to you when that’s going to be?

MS TRUDEAU: I have no timeline on that, but we have not received them.

QUESTION: And then on DS, are they the – do they have the final word? Would – does Greg Starr have the – Assistant Secretary Greg Starr have the final word on this? Or can Secretary Kerry or even the President overturn those decisions or have the final say?

MS TRUDEAU: So I said there is – as I mentioned, there is a significant amount of information about our process online. So for this particularly, look at section 230 and 500 of 12-FAM. The 500 section outlines the Security Incident Program, which is handled by the Program Applications Division of Diplomatic Security. The 230 section outlines the security clearance, which is administered by the Office of Personnel Security and Suitability, also within DS. Both components operate under the oversight and supervision of the assistant secretary for Diplomatic Security.

QUESTION: So when it comes to Diplomatic Security, is that withdrawn – as you’re investigating it, is that withdrawn at the end or is it withdrawn at the beginning? Is it frozen? How does that work?

MS TRUDEAU: So the process you’re talking about – and forgive me for the FAM references, but it’s really detailed and really specific. So if people are looking for the details on this, refer to 12-FAM 233.4. I’m going to refer you there. As a general matter, the suspension of a security clearance is available if Diplomatic Security determines it’s appropriate while they carry out their review. However, if you read the FAM, you’ll see it’s not an automatic process; whether or not to suspend a person’s clearance depends on the circumstances. It’s a judgment of the trained professionals in DS.

QUESTION: And then how unusual is it that Diplomatic Security – or how unusual is it that this process – that you use this process?

MS TRUDEAU: So I’m not – it’s – I’m not going to talk sort of precedent, but I would say that there is offices within Diplomatic Security, and this is their mandate. All of us within the department – and we’ve spoken about this; Secretary Kerry has spoken about this – have the obligation to safeguard and correctly handle information.

QUESTION: So would this also include former employees? It includes former employees, right?

MS TRUDEAU: As I’ve said.

QUESTION: As you said. Does it include employees that are not part of the State Department but might also be involved in this – in the emails?

MS TRUDEAU: Okay, I’m not going to speak, as I mentioned, to the specifics of any individual, any case. I just want to outline this broadly, bring you guys up to date on it, and give you the references, because it is such a technical and granular matter.

QUESTION: Yeah. But I mean, as you know, Secretary Kerry – Secretary Clinton has been involved in this, and a lot of people are wondering how this could affect her. So would you be able to make some kind of outcome whether it includes her or whether it includes somebody in a lower position? Is everybody going to be looked at equally?

MS TRUDEAU: Again, I just can’t speak to the specifics on who will be reviewed, what incidents will be reviewed. But I will say the review is taking place.

QUESTION: And you can’t tell us when this review is going to start?

MS TRUDEAU: No. No, they – the idea of projecting a timeline on this – we’ll say they’re committed to a fair, impartial, and absolutely rigorous process.

QUESTION: And when you say – just one more question.

MS TRUDEAU: Sure.

QUESTION: When the FBI says that it’s looking at thousands of withheld emails, that it’s going to give State thousands, you don’t know if it’s going to be thousands or if it’s going to be hundreds? You have no idea?

MS TRUDEAU: I couldn’t speak to the FBI documents.
[…]
QUESTION: Is Pat Kennedy going to be involved in any of this?

MS TRUDEAU: Okay, so thanks for the question.

QUESTION: I know there’s been some questions about that.

MS TRUDEAU: Yeah. So first, as we’ve said many times, Under Secretary Kennedy did not approve nor was he aware of the extent to which Secretary Clinton was using personal emails. No matter the individual or the conduct involved, the department will conduct and does conduct the security clearance process review in a professional, impartial, and fair manner that takes into account all relevant circumstances.

According to our Foreign Affairs Manual, the Under Secretary for Management Pat Kennedy becomes involved in a security clearance revocation in the event of an appeal. He is a member of a three-person panel that’s at the very end of our process. I’m not going to speculate that it’ll even get that far.

QUESTION: And you said Secretary Kerry is not going to be involved?

MS TRUDEAU: So Secretary Kerry will be informed of the details, the results of the review, after its completion. Again, I’m not going to speculate on outcomes or hypotheticals. As we’ve said many times from this podium, he wants this review done by the book, and the book requires Diplomatic Security lead and conduct this review.

QUESTION: And then just one more small one.

MS TRUDEAU: Sure.

QUESTION: Will the – so FAM is pretty clear that supervisors (inaudible) be held responsible for their subordinates’ actions. How are you going to deal with this? Is this —

MS TRUDEAU: That is – that’s something I think I’m not going to speculate on that. I’m not going – I can’t speak to the details of that. I can’t speak to the review. And honestly, I’m not going to get into hypotheticals on the review.

QUESTION: Yeah. And then are you going to deal it as one big infraction, or are you going to look at several —

MS TRUDEAU: Again —

QUESTION: You don’t know?

MS TRUDEAU: I can’t speak to how they’ll do it – specific incident, individuals. It’s just the review is happening.

QUESTION: Will they —

MS TRUDEAU: We’ll do it by the FAM.

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