Tillerson’s Hiring/Lateral Transfer Freeze: What Priorities Shape Staffing Freeze Exceptions?

Posted: 1:40 am ET
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So Secretary Tillerson has apparently lifted the hiring freeze for WAEs to work the FOIA shop (FS retirees from any agency and CS retirees from DOS are eligible), but Diplomatic Security could not get one position established for its Mobile Security Deployments Office because there is still a freeze on hiring and lateral transfers for the rest of the Foggy Bottom universe?

Diplomatic Security’s Office of Mobile Security Deployments (MSD) is the agency’s emergency security support, crisis response, and special mission component. MSD was originally established in 1985 under the Bureau of Diplomatic Security’s (DS) Directorate for Training to provide training and security support to overseas posts. As a result of the 9/11 attacks, the Department in 2002 expanded MSD’s mission to include:

  • Security Support Teams, which deploy to embassies or consulates during periods of immediate threat of terrorist or criminal activity, crisis, natural disaster, or other unusual event.
  • Tactical Support Teams, which provide protection for the Secretary of State and other high-risk VIPs, both domestically and as required when the Secretary is traveling abroad.
  • Integrated Mobile Training Teams, which provide specialized security training at overseas posts for U.S. Government employees and to foreign partners.

According to State/OIG, MSD is authorized 104 Foreign Service, 24 Civil Service, and 26 contractor positions. At the time of the inspection, 25 percent of the Foreign Service positions were unfilled.

DS leadership acknowledged that MSD is critical to the security and safety of the Secretary and the Department’s embassies and consulates. Nonetheless, the office faced, on average, a 13.7 percent shortfall in staffing in the three years prior to 2017. This staffing shortfall resulted in 14 agent positions, or two and a half teams, being unstaffed. The staffing shortfall increased in 2017 to 38 percent; a shortfall of 38 agent positions or staffing for six and a half teams. In addition to reducing the number of teams it deployed, the staffing shortfall also required MSD to prioritize Security Support Team and Tactical Support Team missions over Integrated Mobile Training Team missions. As a result, MSD frequently had to reschedule training missions to address more urgent priorities.

In FY 2016, MSD teams deployed 70 times, often on short notice for periods up to 2 months or more, to locales where U.S. embassies and consulates faced serious security threats. Additionally, from July 2014 through April 2017, MSD dedicated 6 of its 10 teams to continuous missions in South Sudan and Somalia, leaving only 4 teams to address other crises or provide needed training. In December 2016, when every available team was deployed on priority missions, MSD trained senior agents, not normally deployed, to create an additional team in case another crisis arose. DS senior leadership acknowledged the need for additional MSD agents but also recognized DS’ bureau-wide shortage of agents. […] MSD met the standards in 1 FAM 262.5-3(1), which require the office to provide Security Support Teams for emergency support to overseas posts during periods of high threats, crises, or natural disasters. The office also met Department standards in 12 FAH-1 H-024.1-2b, which state that Security Support Teams should provide time-sensitive protective security for ambassadors, post personnel, or facility protection, to generally counter a direct or imminent threat of attack. MSD deployed 25 Security Support Teams in FY 2015, 18 in FY 2016, and 10 through the first 7 months of FY 2017. Among the missions conducted from September 2016 through April 2017, MSD provided protective support during the ordered departure of Embassy Kinshasa personnel due to political protests. During the same period, MSD also provided a protective detail for the Ambassador and a tactical operations center at Embassy Juba in the face of civil unrest. Other Security Support Team missions included support to U.S. embassies in the Gambia, Mauritania, the Republic of the Congo, and Somalia. While at a post, Security Support Teams also provided training to regional security officers, Marine Security Guards, the local guard force and American family members in an effort to strengthen their capability to meet future crises.

The State/OIG report notes that MSD did not have anyone permanently assigned to provide high-level oversight for its administrative operations and procedures per GAO suggestion. So last year, MSD apparently established a temporary position for an employee to exercise high-level, unified oversight of the MSD administrative functions.

OIG found that the two DS Special Agents, each of whom held the position for only a few months, were instrumental in implementing significant improvements in MSD personal property internal controls, including the examples described above. These Special Agents also prepared, drafted or updated 50 standard operating procedures on all areas of MSD operations. Based on these accomplishments, OIG concluded that there is a compelling justification to establish a permanent position to maintain the improvements and to provide long-term stability in the direct oversight of contracts, budget, and property management. Without permanent senior oversight, the office risks reverting to its former practices, including an inability to effectively manage SPE.

SPE stands for Sensitive Protective Equipment which refers to equipment, such as weapons and optical equipment like night-vision goggles, issued to agents in support of their law enforcement, security, and protective missions. State/OIG recommended that the Bureau of Diplomatic Security “should make the Office of Mobile Security Deployments’ temporary administrative chief a permanent position.”

Management Response: In its October 13, 2017, response, the Bureau of Diplomatic Security concurred with the recommendation. The bureau noted that it had updated the internal organizational structure of the office to depict the new position. The bureau further stated that once the Department’s restrictions on hiring and lateral transfers are lifted, it would attempt to establish the position in the General Schedule to ensure permanence and continuity.

Read the full report here.

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Don’t Forget the @StateDept Redesign, But Get Ready For “New Carpool Karaoke With S”

Posted: 12:43 am ET
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Politico’s Nahal Toosi has a leaked State Department document reportedly alarming diplomats and others who say it shows the accumulation of power among a small and unaccountable group of senior aides to Secretary of State Rex Tillerson.

The chart, obtained by POLITICO, illustrates the growing influence of the State Department’s Policy Planning Staff, which traditionally has served as an in-house think tank but which Tillerson heavily relies upon for day-to-day decision making. Critics already complain that the office — led by Brian Hook, a powerful Tillerson aide not subject to Senate confirmation — accepts too little input from career diplomats, and the chart, which lays out a method to craft foreign policy, shows no explicit role for them.
[…]
“This says to me that they are developing a new foreign policy structure that is designed to largely ignore those who know these regions and who know these issues,” said Brett Bruen, a former State Department official who served under Presidents Barack Obama and George W. Bush.

Folks, this is Foggy Bottom’s version of Carpool Karaoke where there are extremely limited seats available in the car, but in this version, no one tell each other they’re singing out of tune. Why not? The passengers  don’t know what they don’t know and they all think they have great singing voices. Right.

That “Review Slides with S” is indeed “amazeballs.”  But where are the effing charts and the laugh machine?

AND NOW THIS — it looks like there’s a red on red campaign against S/P’s Brian Hook, who is publicly identified as a “de facto deputy” for the State Department by no less than one of the louder voices in Trump’s orbit. This same campaign is also directed against Tillerson sidekick Margaret Peterlin.

Mick Cernovich who has been called an alt-right provocateur and Trump loyalist has tweeted about Tilleron’s aides Hook and Peterlin going back months.

BUT WAIT, THERE’S MORE – Mr. Tillerson who came to Washington with an aversion for the press has now given multiple interviews to several media outlets presumably to help … um with what now appears to be a prevailing public’s view of his poor stewardship of the State Department. One of the latest interviews, this one with Bloomberg News:

—he doesn’t know what to make of news reports that morale is low at his agency and that he’s not doing a good job running it. “I walk the halls, people smile,” he says in a recent interview in his spacious office in Washington. “If it’s as bad as it seems to be described, I’m not seeing it, I’m not getting it.”

The former U.S. ambassador to Qatar gave the secretary of state a suggestion on how he can “communicate better” and also “get” what the problem is at the State Department.  Is that a quiet applause we’re hearing?

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U.S.Embassy Bamako: Army Green Beret Logan J. Melgar’s Death in Mali Under Investigation as Homicide

Posted: 12:33 am ET
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Media reports say that Army Staff Sgt. Logan J. Melgar was found dead in his room in embassy housing in Bamako, Mali on June 4, 2017 and that two members of the Navy’s elite SEAL Team Six are reportedly under investigation in his death. One official told ABC News that the death is being investigated by the Navy’s Criminal Investigative Service (NCIS) as a homicide and that investigators are looking into Melgar’s suspected asphyxiation.

Sgt. Melgar died in Bamako far from battlefield, in an “odd event” that  requires an investigation. But the death occurred in June and even if there is an ongoing investigation, why is the public hearing about this death almost five months after the incident?  The death also reportedly occurred in an embassy housing. Since NCIS (and not Diplomatic Security) is investigating, we suspect but that these DOD members are not/not under Chief of Mission Authority (pdf) while at post but under AFRICOM.

To the inevitable next question as to what our troops are doing in Mali,  we understand that France is in the lead to counter Al Qaida/ISIS affiliates and the US military works in support of French operations in that country. It is also our understanding that there are six western hostages being held in Mali including one US citizen.

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Why bureaucrats matter in the fight to preserve the rule of law

By Melissa Lane
Ms. Lane is the Class of 1943 professor of politics and director of the University Center for Human Values at Princeton University. She is the author of a number of books, including Eco-Republic (2011/2012) and The Birth of Politics (2015), and has appeared often on the ‘In Our Time’ radio broadcast on BBC Radio 4. Via Creative Commons Attribution-No Derivatives

Socrates, while serving on the Athenian Council, sought to prevent it from making an illegal decision. Martin Luther, when a council convened by the Emperor Charles V in 1521 told him to recant, is said to have declared: ‘Here I stand; I can do no other.’ The United States’ attorney general Elliot Richardson and the deputy attorney general William D Ruckelshaus both chose to resign in 1973 rather than obey President Richard Nixon’s order to fire the special prosecutor investigating Watergate. More recently, the acting attorney general Sally Yates was fired after she announced that the US Department of Justice would not cooperate in enforcing President Donald Trump’s executive order against Muslim immigrants. They all said no. Each of them, for reasons of principle, opposed an order from a higher authority (or sought to prevent its issuance). They are exceptional figures, in extraordinary circumstances. Yet most of the time, the rule of law is more mundane: it depends on officials carrying out their ordinary duties within the purposes of the offices they hold, and on citizens obeying them. That is to say, the rule of law relies upon obedience by bureaucrats, and obedience of bureaucrats – but crucially, within the established norms of the state.

The ancient Greeks made no sharp distinction between political rulers and bureaucratic officials. They considered anyone in a position of constitutional authority as the holder of an office. The ancient Greek world did not have a modern bureaucracy but they did confront the question of respect for norms of office and of obedience to office-holders. Plato addresses these questions, in both the Republic and the Laws, in relation to the danger of usurpation of democracy by a budding tyrant.

Of course, Plato was no democrat. But he did recognise the value of liberty – most explicitly in the Laws, where he posited liberty, wisdom and friendship as the three values that ought to guide the work of government. Plato wanted to balance liberty with what we would call the rule of law. For him, that included not only obedience to the law, but also obedience to the officials who have to carry it out. In the Republic’s portrait of democracy (in some ways a caricature, to be sure), he warns against drinking liberty unmixed with obedience, likening it to wine unmixed with water – a serious social solecism for the ancient Greeks. Doing so, he thinks, can lead to a deterioration of the norms of political office. Too much liberty might lead to the point that a city ‘insults those who obey the rulers as willing slaves and good-for-nothings, and praises and honours, both in public and in private, rulers who behave like subjects and subjects who behave like rulers’ (translation by G.M.A. Grube revised by C.D.C. Reeve, in John M. Cooper (ed.) Plato. Complete Works (Indianapolis: Hackett, 1997)).

To insult ‘those who obey the rulers’ by calling them ‘willing slaves’ is to reject the value of a norm of obedience to state office-holders. No constitution – no organisation of power into authority – can long subsist if the authority of its officials routinely merits defiance. The resister might be heroic and her actions could sometimes be necessary, but she must be an exceptional rather than an everyday case. Officials who defy illegitimate orders must logically always be the exceptions to a general rule of obeying orders, lest the very meaning of their defiance evaporate. Any conception of liberty, or any practice of government, that rejects the need for obedience to the norms of office, will destroy itself. So Plato reaffirms in the Laws that ‘complete freedom (eleutheria) from all rulers (archōn) is infinitely worse than submitting to a moderate degree of control’.

The statebuilding efforts of medieval and early modern Europe are great and complex endeavours, with their own rich histories. In relation to the rule of law and role of the bureaucrats, we can think of their papal chanceries, state treasuries and imperial ministries as a kind of foundation on which modern reformers and rulers and revolutionaries alike would build liberalism and the rule of law. These bureaucracies constituted the tools of power for rulers. In providing the impartial officials, rule of law procedures and institutional forms of equality, bureaucracy constituted the mechanisms to vouchsafe people’s rights. Liberal reformers used these very mechanisms to try to extend wider rights and liberties to more and more groups.

Max Weber, the influential early 20th-century German sociologist, feared that bureaucracy would be part of the over-rationalisation that he described as a looming ‘iron cage’. He feared it would grow too powerful, choking off meaning, value and political responsibility in its means-ends instrumental rationality. If Weber had lived a few years longer (he died at only 56, in 1920) and had been asked to speak about the crisis of liberalism in the young Weimar Republic, I think he would have expressed the concern (already present in his last writings) that no sufficiently charismatic and powerful politicians would emerge who would be able to bring the bureaucracy to heel. He saw bureaucracy as a major threat to modern life. The fear that the bureaucracy itself was vulnerable to tyrannical usurpation would not likely have crossed his mind.

Today, the US faces the threat of what we can think of as the political iron cage breaking down – possibly from executive leadership ignorant or contemptuous of the purposes of the organisation. Though obviously it has accelerated, the threat is not entirely new with the Trump administration. When president in the 1980s, Ronald Reagan pioneered the nomination of cabinet secretaries committed to abolishing or drastically curtailing the very agencies they were named to head. President George W Bush named agency administrators such as Michael D Brown, who lacked knowledge of his area of responsibility, as head of the Federal Emergency Management Agency. Brown’s eventual resignation in 2005 in the aftermath of Hurricane Katrina betokened not heroic defiance but a reaction to the storm of criticism for his lackadaisical response to the crisis. These public officials were not committed to the basic purposes and processes of the bureaucracies they were appointed to lead or serve.

To be sure, we must not be blind to the ways in which the machinery of state will remain a major resource for parties and politicians who seek to control and to advance their own ends. My point is that, while aspects of this machinery might remain intact, challenges to evidence-based reasoning, fair procedure and impartial officialdom – to the whole apparatus of bureaucratic office and the rule of law – threaten to corrode it. Whether in the long run the machinery itself can withstand this corrosion is an open question.

There is an irony here. Weber’s fear was that the iron cage of rationalising modernity, including bureaucracy, would stifle liberty, meaning and ultimate value, squeezing out responsible, charismatic politicians. Yet today, faced with the menace of charismatic, reckless politicians, what Weber feared as an iron cage appears to us to be the building block of some of history’s most hard-won rights. Plato looks more prescient: long ago he warned of both the charismatic but irresponsible politicians, and the insouciant, irresponsible officials who serve them, who risk eroding the norms of office on which the values of the rule of law and liberty rest.Aeon counter – do not remove

Melissa Lane

This article was originally published at Aeon and has been republished under Creative Commons.

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