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
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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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Burn Bag: Where taking “open door” seriously can ruin corridor reputation … oh woe!

Posted: 2:19  am EDT
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When management at your post in crisis tells you they have an open door and want to know how people are feeling, then tells you your (widely shared) concern is insignificant and you are ruining your corridor reputation by bringing it up.

 

 

Quote of the Day: “We’re in a goddamn free fall here.”

Posted: 1:10  am EDT
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Snapshot: State/INL’s Counternarcotics Program Afghanistan — $220 Million With Unclear Results

Posted: 1:04  am EDT
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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).
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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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