Suspending Embassy Operations: Post and Bureau Not Told, and FOIA Redaction Fail

Posted: 1:12 am EDT
Updated: 5:28 pm EDT
[twitter-follow screen_name=’Diplopundit’ ]

 

On February 25, 2011, the State Department announced the suspension of U.S. Embassy operations in Libya (see State Dept Suspends US Embassy Operations in #Libya, Withdraws All Personnel).  What we didn’t know then but we know now, thanks to the Clinton email dump, is that just a few days before that, neither the embassy nor the bureau was aware that they were suspending operations.

February 22, 2011 09:50 PM – HRC aide Jake Sullivan sent an email (partially redacted with FOIA b(5) code) to Janet A. Sanderson, the Deputy Assistant Secretary Bureau of Near East Affairs, with subject line “Suspending embassy ops” and asking “Where do we stand?”

February 22, 2011 10:14 PM – Sanderson emailed Sullivan:

Screen Shot

Feb 22 22:18:23 2011 (10:18 PM) – Sanderson also sent an email to M/Patrick Kennedy and Kathleen T. Austin-Ferguson, M’s Executive Assistant:

Screen Shot

February 22, 2011 10:37 PM – Kennedy responded to Sanderson saying he “talked to cheryl and tom” and that “they are also unaware.”“Checking with Secretary. At this moment we are NOT suspending. Fully agree not possible to do tomorrow and also risks libyan blow back.”  Email must be referencing HRC Chief of Staff Cheryl Mills and Deputy Secretary Tom Nides.

Embassy Tripoli eventually suspended operations on February 25, three days after the start of this email chain.  These emails are part of the Clinton email dump and it shows just how messed up is the FOIA at the agency.

On Feb 22 22:40:17 2011 (10:40 PM) – Sanderson responded to the Kennedy email, adding Ronald Schlicher to the email chain. Ambassador Schlicher was previously assigned to Cyprus, and also served as a DAS at the Bureau of Near East Affairs. We are not sure what was his position in 2011, but he must have been attached to NEA to be looped in in this exchange. Ambassador Schlicher was Principal DAS at the NEA bureau, and he would have been Sanderson’s boss at the time.  Here’s a clip from that email:

Screen Shot

Now, take a look at the email below with the same time stamp and same addresses, released as a separate email by the FOIA office at State:

Screen Shot

 

Why, they’re the same email, except that they were released as separate documents, and in the second document, the email is redacted under the b(5) FOIA exemption, also known in the FOIA community as the “Withhold It Because You Want To” Exemption.  “Yael” must have been Yael Lempert who was assigned to Tripoli as consular section chief in 2009 and featured in the NYT here for the release of four New York Times journalists in 2011 in Libya.  She may have been the acting DCM at the time of the suspension of operations.  “Joan” is presumably Joan Polaschik who was DCM and then CDA of Embassy Tripoli. She is currently the U.S. Ambassador to Algeria.

Here is what DOJ says about the b(5) exemption:

Exemption 5 of the FOIA protects “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.” (1) The courts have construed this somewhat opaque language, with its sometimes confusing threshold requirement, (2) to “exempt those documents, and only those documents that are normally privileged in the civil discovery context.” (3)

Here is what we are not supposed to read according to the FOIA ninjas, except that one of them forgot the Sharpie:

“I have just talked to post (Yael).She and Joan will work to reduce staff and send more out on ferry. Shd get down to 10- 12. She fully understands need for limited staff to stay to deal with community. Believes likely remainder will be position to leave in few days. Says situation is “worse than Baghdad in 2004-2005 “

No matter how you read the above passage, it is difficult to make the case that it fits the b(5) exemption unless you’re thinking of the “withhold it because you want to” exemption threshold.

#

Emails in full released via FOIA below:

Suspending Ops Libya – February 22, 2011 11:05 PM: https://cloudup.com/cAlO_WHTfpc

Suspending Ops Libya February 23, 2011 7:59 AM: https://cloudup.com/cD33FlF7TCo

Suspending Ops Libya February 23, 2011 8:08 AM: https://cloudup.com/cjplOQtTEmw

 

Advertisements

Real Life, the Way It Is – No Goggles and Plenty of Loose Ends

 

One of our donors recently wrote to say that we are performing “an invaluable service” but that as a former FSO, our blogposts have often left him dismayed.

We wrote to thank him for his support and apologize that we have often been the bearer of not so happy news. We like to think of this as a mission to keeping it real.

For those who’ve been with us for quite a bit, it is no secret that we write about the good, the bad and the ugly. So why do we write/publish stuff that you can’t read in the official or trade publications?

There’s a good reason for that.

Real life is not like the glossy pages of an in-house magazine. If the American public only reads about the successes and the fun stuff, it will have a skewed view about what still remains a misunderstood institution. And when we only hear the happy talk, well, it disrupts the order of the universe.  As they say, if the pendulum swings one way, it must always swing back the other way. In monitoring the worldwide available universe, we see yin and yang, the oscillations, the back and forth swings of life.

So we are on a mission on looking at life, the way it is, without goggles and often times with loose ends, with questions but no answers. It’s not for every one; some folks may not necessarily want to read what we write, but it’s a free country, we’re fine with that.

We’re the last stop in this corner, come by for a chat, hang around, poke us to help us do better, and we’ll try not to bore you to tears.

A quick GFM II update — we’ve reached the 3rd week mark today with $9,461 of $34k or 28% of our set goal. We still have 5 weeks to go and the highs and lows are to be expected. We’ll see where we are when we reach the halfway mark at the end of next week.

Thanks for sticking with us! — D

We’re at GFM Go Diplopundit until March 10, 2016.

#