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Today: Tillerson Before SFRC and Appropriations Hearings For FY18 State Dept Budget Request

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Posted: 3:24 am ET

 

Today, Secretary Tillerson is scheduled to appear before two Senate panels on the FY2018 State Department Budget Request. He will appear before the the Senate Foreign Relations Committee (SFRC) for a Review of the FY 2018 State Department Budget Request in the morning. That hearing will be chaired by SFRC Chairman Bob Corker. This will be Secretary Tillerson’s first public Senate appearance since his confirmation as Secretary of State. Questions will be specific to the FY18 budget but we expect that there will also be questions on the planned agency reorganization, staffing gaps, morale, and a host of items that have surfaced on the news since he was confirmed in February. He is also scheduled to appear before a Senate Appropriations subcommittee in the afternoon. That hearing will be chaired by Senator Lindsey Graham. 

Date: Tuesday, June 13, 2017
Time: 10:00 AM
Location: SD-419
Presiding: Senator Corker

The prepared statement and live video will be posted here when available.

Senate Appropriations Subcommittee on State, Foreign Operations, and Related Programs
Date: Tuesday, June 13, 2017
Time: 02:30 PM
Location: Dirksen Senate Office Building 192
Presiding: Senator Lindsey Graham (R-South Carolina)

The live video will be posted here when available.

But what in heavens name is this all about?

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Trump to Nominate Career Diplomat Michael Arthur Raynor to be Ambassador to Ethiopia

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Posted: 2:49 am ET

 

On May 22, President Trump announced his intent to nominate Michael Arthur Raynor to be the U.S. Ambassador to Ethiopia. The WH released the following brief bio below:

Michael Arthur Raynor of Maryland to be Ambassador Extraordinary & Plenipotentiary of the United States of America to the Federal Democratic Republic of Ethiopia. Mr. Raynor, a career member of the Senior Foreign Service, class of Minister-Counselor, has served as an American diplomat since 1988. He is currently the Director of the Office of Career Development and Assignments in the Bureau of Human Resources of the Department of State. A former Ambassador and senior official at the State Department, Mr. Raynor is known for his Africa policy expertise leadership of interagency teams in high-threat environments. He has served at eight United States Missions overseas, including six in Africa. Mr. Raynor earned a M.I.A. from Columbia University and a B.A. from Lafayette College. He speaks French and Italian.

The nomination was received by the Senate on May 25 and is currently pending in the Committee on Foreign Relations:

2017-05-25 PN519 Department of State | Michael Arthur Raynor, of Maryland, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Democratic Republic of Ethiopia.

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America’s Redefinition as the Foreign Relations Equivalent of a Sociopath

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Posted: 1:55 am ET

 

The following is an excerpt from Ambassador Chas W. Freeman‘s lecture on Reimagining Great Power Relations – Part 1.

America has now chosen publicly to redefine itself internationally as the foreign relations equivalent of a sociopath[1] – a country indifferent to the rules, the consequences for others of its ignoring them, and the reliability of its word.  No nation can now comfortably entrust its prosperity or security to Washington, no matter how militarily powerful it perceives America to be.

In the United States, there has been a clear drift toward the view that outcomes, not due process, are the sole criteria of justice.  Procedures – that is, judicial decisions, elections, or actions by legislatures – no longer confer legitimacy.  The growing American impatience with institutions and processes is reflected in the economic nationalism and transactionalism that now guide U.S. policy.  Washington now reserves the right to pick and choose which decisions by international tribunals like the World Trade Organization (WTO) it will follow or ignore.

The idea that previously agreed arrangements can be abandoned or renegotiated at will has succeeded the principle of “pacta sunt servanda” (“agreements must be kept”).   The result is greatly reduced confidence not only in the reliability of American commitments but also in the durability of the international understandings that have constituted the status quo.  In the security arena, this trend is especially pronounced with respect to arms control arrangements.  As an example,, Russia has cited American scofflaw behavior to justify its own delinquencies in Ukraine and with respect to the Intermediate-Range Nuclear Forces (INF) Treaty.

When a hegemon fails to pay attention to the opinions of its allies, dependencies, and client states or to show its adversaries that it can be counted upon to play by the rules it insists they follow, it conjures up its own antibodies.  In the absence of empathy, there can be no mutual reliance or collective security.  Without confidence in the reliability of protectors or allies, nations must be ready to defend themselves by themselves at any moment.  If covenants are readily dishonored, the law offers no assurance of safety.  Only credible military deterrence can protect against attack.
[…]
[1]Mental health specialists define a “sociopath” as someone who exhibits a lack of empathy and a disregard for community norms, the rules both written and unwritten that help keep the world safe and fair for all. A sociopath is someone with no conscience who ignores reality to lead an uncaring and selfish life. The sociopath cares only for himself and lacks the ability to treat other people as worthy of consideration.

Read in full here. See Part II Reimagining China and Asia, and Part III Reimagining the Middle East.

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Court on FSGB tenure denial case: “ignores significant parts of record and fails to connect rationally”

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Posted: 1:50 am ET

 

The 2016 Annual report of the Foreign Service Grievance Board only mentions the Aragon v. Tillerson case in passing as follows:

Daniel P. Aragon, a former Foreign Service career candidate at the Department of State, filed an appeal on January 29, 2016, with the District Court for the District of Columbia, challenging the Board’s denial of his appeal in FSGB Case No. 2014-034. Mr. Aragon had contested two EERs and the withholding of tenure and involuntary separation that flowed from those EERs.

This case was filed in 2016. Per Federal Rule of Civil Procedure, the Court substituted as defendant the current Secretary of State,Rex Tillerson, for former Secretary of State John Kerry.

Chief Judge Beryl A. Howell of the U.S. District Court for the District of Columbia has harsh words for the Foreign Service Grievance Board (FSGB) on this specific case:

The plaintiff, the Foreign Service, and American taxpayers have invested heavily in the plaintiff’s career as a Foreign Service officer, and the FSGB does a disservice when it renders a decision that ignores significant parts of record and fails to connect rationally the underlying facts to its ultimate conclusion. This is what the FSGB did in finding that the May and November 2013 EERs were not falsely prejudicial. For these reasons, the FSGB’s decision is vacated with respect to its conclusion that these EERs were not falsely prejudicial, and this action is remanded to the FSGB for further proceedings consistent with this Memorandum Opinion.21

Quick summary of the case:

The plaintiff, Daniel Aragon, served as an entry-level Foreign Service Officer with the U.S. Department of State for five years, until he was denied tenure and involuntarily separated in 2014. The reason for the tenure denial arose during the plaintiff’s second overseas assignment, when the plaintiff was responsible for supervising an employee, whose undisputed pattern of insubordination, tardiness, abuse of leave policies and performance issues would, in many work environments, warrant termination of employment. Instead, the plaintiff’s management efforts, which were ultimately successful, to bring this employee into compliance with basic workplace rules, has led to the plaintiff’s own termination from a job he “love[s].” AR at 354.1

The plaintiff filed the instant action against the Secretary of State, in the Secretary’s official capacity, after the State Department denied his grievance contesting the performance evaluations on which the tenure denial was predicated, and the Foreign Service Grievance Board (“FSGB”) upheld the State Department’s decision.2 Alleging that the FSGB’s decision was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law,” in violation of the Administrative Procedure Act, 5 U.S.C. § 706(2)(A), the plaintiff seeks, inter alia, an order directing the State Department to remove from his personnel file the two performance evaluations on which the denial of tenure was predicated, Compl., Relief ¶ 3, ECF No. 1; an order rescinding the tenure decisions predicated on those evaluations, id.; an order directing the State Department to reinstate the plaintiff retroactively, with back pay and benefits, id. ¶ 4; and an order directing the State Department to place the plaintiff in the same promotional class he would be in had he received tenure in the winter of 2013, id. ¶ 5. Pending before the Court are the plaintiff’s motion for summary judgment, see generally Pl.’s Mot. Summ. J. (“Pl.’s MSJ”), ECF No. 12, and the Secretary’s cross-motion for summary judgment, see generally Defs.’ Mot. Summ. J. (“Defs.’ MSJ”), ECF No. 14. For the reasons set out below, the plaintiff’s motion for summary judgment is granted in part and denied in part, without prejudice, the Secretary’s cross-motion for summary judgment is denied without prejudice, and this action is remanded to the FSGB for further proceedings.

What the what? Excerpt from court’s opinion:

[T]he record shows that the CPS [cultural program specialist FSN] had an “apparent pattern” of abusing sick leave and would disappear from work for extended periods of time. Id. at 42; see also id. at 335 (describing the manner in which the CPS “took sick leave immediately before or after a block of annual leave[, which] suggest[ed] that she was abusing sick leave in order to augment her annual leave”). This apparently lax office culture was extant before the plaintiff’s arrival, leaving him with the task of changing that culture to ensure that employees, such as the CPS, on the U.S. Government payroll complied with the most basic work performance rules of coming to work on time and providing notice of absences.”

Lip service to evidence

The FSGB paid this evidence lip service in the section of its decision summarizing the plaintiff’s claims, see id. at 405, but the Board did not refer to it, let alone grapple with it, in deciding that the AFI concerning the counseling session was not falsely prejudicial for completely omitting any reference to the events giving rise to the counseling session or the context, in which even before the plaintiff’s arrival, the Dubai office had such deficient management that the CPS was able to develop and engage in a pattern of poor work behavior.

Fails to connect rationally …

That prior agency management in Dubai allowed such poor work habits to persist likely made the plaintiff’s effort to enforce the most basic workplace rules more difficult and makes it all the more impressive that the plaintiff was, apparently, ultimately successful in reining in the CPS’s behavior. See, e.g., AR at 42 (noting that after the plaintiff spoke with the CPS about her “apparent pattern of abusing sick leave, . . . there were no further incidents of suspected leave abuse during the rating period”). As the FSGB itself has noted, a supervisor will “almost inevitabl[y]” have “a difficult relationship” with an employee when the supervisor “is trying to effect changes” in the employee’s behavior. FSGB Op. 2006-052 at 13.

Read in full below:

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