Congress Overturns Obama Veto of 9/11 Bill –There Goes Our Billion Dollar US Embassy in Baghdad #JASTA

Posted: 3:19 pm ET
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Congress has overturned President Obama’s veto of S.2040 Justice Against Sponsors of Terrorism Act. Here is a quick sumary of the bill:

Justice Against Sponsors of Terrorism Act

This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity by authorizing U.S. courts to hear cases involving claims against a foreign state for injuries, death, or damages that occur inside the United States as a result of a tort, including an act of terrorism, committed anywhere by a foreign state or official.

It amends the federal criminal code to permit civil claims against a foreign state or official for injuries, death, or damages from an act of international terrorism. Additionally, the bill authorizes federal courts to exercise personal jurisdiction over and impose liability on a person who commits, or aids, abets, or conspires to commit, an act of international terrorism against a U.S. national.

Of course, sovereign immunity does not just apply to other countries like Saudi Arabia, it is also afforded the United States in other countries.  A senior fellow at the Foundation for Defense of Democracies told Vox that “If you breach a state’s sovereign immunity, then the argument against your own sovereign immunity being breached is weaker.” Also:

As one hypothetical example, the Iraqi government could pass a law allowing its citizens to sue the US government for damages they suffered during the Iraq war. And if the US lost the lawsuit in the Iraqi courts, Gartenstein-Ross explained, the Iraqi government would legally be able to seize US assets in the country to pay the victims.

There goes our billion dollar embassy in Baghdad. Not to mention diplomatic posts in over 280 locations and 662 military overseas bases in 38 foreign countries.

Click here (PDF) for a good read on the Foreign Sovereign Immunities Act from the Federal Judicial Center.

And now this:

We could not locate the Congressional Research Service’s paper on JASTA but here is one on the specific claims against Saudi Arabia defendants under the Foreign Sovereign Immunities Act (FSIA) that you might find useful.

 

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Obama Nominates Career Diplomat Jeffrey DeLaurentis — First Ambassador to Cuba Since 1960

Posted: 1:12 pm ET
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On September 27, President Obama announced his intent to nominate Ambassador Jeffrey DeLaurentis to be the first U.S. Ambassador to Cuba in over 50 years:

President Obama said, “Today, I am proud to nominate Ambassador Jeffrey DeLaurentis to be the first U.S. Ambassador to Cuba in more than 50 years. Jeff’s leadership has been vital throughout the normalization of relations between the United States and Cuba, and the appointment of an ambassador is a common sense step forward toward a more normal and productive relationship between our two countries. There is no public servant better suited to improve our ability to engage the Cuban people and advance U.S. interests in Cuba than Jeff.  A career member of the Senior Foreign Service, Jeff has extensive experience in Cuba and Latin America.  He has served as our Chief of Mission in Havana since August 2014, and was posted to Havana twice before.  Jeff is already working with Cuba on issues that advance U.S. national interests, such as law enforcement, counternarcotics, environmental protection, combatting trafficking in persons, expanding commercial and agricultural opportunities, and cooperation in science and health.  He engages broadly with the Cuban people and expresses the United States’ strong support for universal values and human rights in Cuba.  Jeff also has extensive experience working with the United Nations.  During his most recent service at the U.S. Mission to the United Nations he served for three years as Ambassador, Alternate Representative for Special Political Affairs.  Having an ambassador will make it easier to advocate for our interests, and will deepen our understanding even when we know that we will continue to have differences with the Cuban government.  He is exactly the type of person we want to represent the United States in Cuba, and we only hurt ourselves by not being represented by an Ambassador.  If confirmed by the Senate, I know Jeff will build on the changes he helped bring about to better support the Cuban people and advance America’s interests.

The WH released the following bio of the nominee:

Ambassador Jeffrey DeLaurentis, a career member of the Senior Foreign Service, is the Chief of Mission at the U.S. Embassy in Havana, Cuba, a position he has held since 2015.  He served as Chief of Mission at the U.S. Interests Section in Havana, Cuba from 2014 to 2015.  Prior to that, Ambassador DeLaurentis served as Ambassador and Alternate Representative for Special Political Affairs at the U.S. Mission to the United Nations from 2011 to 2014.  Prior to that posting, he was Deputy Assistant Secretary of State for the Bureau of Western Hemisphere Affairs.  Ambassador DeLaurentis was previously Minister Counselor for Political Affairs and Security Council Coordinator at the U.S. Mission to the United Nations.  Since beginning his State Department career in 1991, Ambassador DeLaurentis has served in a number of overseas posts, including twice before in Havana, first as consular officer from 1991 to 1993, then as Political-Economic Section Chief from 1999 to 2002.  He also served as Political Counselor at the U.S. Mission to the United Nations in Geneva, and Political Counselor at the U.S. Embassy in Bogota.  In Washington, Ambassador DeLaurentis served as Executive Assistant to the Under Secretary of State for Democracy and Global Affairs, Special Assistant to the Assistant Secretary of State for Western Hemisphere Affairs, Director of Inter-American Affairs at the National Security Council, and as an International Relations Officer in the Bureau of International Organization Affairs.  Prior to entering the Foreign Service, he held a senior staff position at the Council on Foreign Relations.  Ambassador DeLaurentis received a B.S. from the Georgetown University School of Foreign Service and an M.A. from Columbia University’s School of International and Public Affairs.

According to history.state.gov, the United States remained in Cuba as an occupying power following the defeat of Spain in 1898, until the Republic of Cuba was formally installed on May 19, 1902. On May 20, 1902, the United States relinquished its occupation authority over Cuba, but claimed a continuing right to intervene in Cuba.  Diplomatic relations and the U.S. Legation in Havana were established on May 27, 1902, when U.S. Envoy Extraordinary and Minister Plenipotentiary Herbert Goldsmith Squiers presented his credentials to the Government of the Republic of Cuba. He served until December 2, 1905.

Following an act of Congress, the U.S. Legation in Havana, Cuba, was raised to Embassy status on February 10, 1923, when General Enoch H. Crowder was appointed Ambassador. He served until May 28, 1927.

The United States severed diplomatic relations with Cuba on January 3, 1961, citing unwarranted action by the Government of Cuba that placed crippling limitations on the ability of the United States Mission to carry on its normal diplomatic and consular functions.

On September 1, 1977, the United States established an Interests Section in the Swiss Embassy.  On July 20, 2015, the United States and Cuba resumed diplomatic relations when both countries elevated their respective Interests Sections to Embassy status. President Barack Obama and Cuban President Raul Castro agreed to the date for these actions in an exchange of letters dated June 30, 2015.

Between 1977 to 2015, 14 principal officers served at the Interest Section in Havana, including Ambassador DeLaurentis whose position was elevated to Chargé d’Affaires ad interim on July 20, 2015 when diplomatic relations were restored.

The last Senate-confirmed ambassador prior to the break in diplomatic relations was Philip Wilson Bonsal (1903–1995). He was appointed Ambassador Extraordinary and Plenipotentiary from March 3, 1959–October 28, 1960.   Daniel McCoy Braddock (1906–1980) served as Chargé d’Affaires ad interim until January 1961.

So if/when the Senate considers Ambassador DeLaurentis’ nomination, it will be the first time that they’ll do so since 1960.

 

Notable reactions, some with consequences to the confirmation of this nomination in the U.S. Senate.

 

Related Posts:

Stupefied: How the best and the brightest learn to switch off their brains at the office door

Posted: 11:57 am ET
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André Spicer is professor of organisational behaviour at the Cass Business School at City, University of London, where he specialises in political dynamics, organisational culture and employee identity. His latest book, together with Mats Alvesson, is The Stupidity Paradox: The Power and Pitfalls of Functional Stupidity at Work (2016). The following is an excerpt from his piece Stupefied on how organisations enshrine collective stupidity and how employees are rewarded for checking their brains at the office door.  The article was originally published in Aeon [http://aeon.co].

Organisations hire smart people, but then positively encourage them not to use their intelligence. Asking difficult questions or thinking in greater depth is seen as a dangerous waste. Talented employees quickly learn to use their significant intellectual gifts only in the most narrow and myopic ways.

Those who learn how to switch off their brains are rewarded. By avoiding thinking too much, they are able to focus on getting things done. Escaping the kind of uncomfortable questions that thinking brings to light also allows employees to side-step conflict with co-workers. By toeing the corporate line, thoughtless employees get seen as ‘leadership material’ and promoted. Smart people quickly learn that getting ahead means switching off their brains as soon as they step into the office.

Sounds familiar?  For those interested in further reading, the author co-published a study on a A Stupidity-Based Theory of Organizations with Mats Alvesson in the Journal of Management Studies in 2012.  The abstract is here; the full article is available for a fee here.

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