On November 8, the Federal Register published a notice that an Accountability Review Board (ARB) for a security incident where a U.S. national attempted to murder a U.S. diplomat in Guadalajara, Mexico had been convened:
On June 1, 2018, Secretary Pompeo authorized the convening of an Accountability Review Board (ARB) to review a January 2017 attack on a U.S. government employee in Guadalajara, Mexico. Pursuant to Section 304 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended (22 U.S.C. 4834), the ARB will examine the facts and circumstances, and report findings and recommendations as it deems appropriate, in keeping with its mandate. (see American Diplomat Wounded in Targeted Attack in #Guadalajara, Mexico). Last month, the assailant was sentenced to 22 years (see U.S. National Sentenced to 22 Years For Attempted Murder of U.S. Diplomat in Mexico).
The notice includes the composition of the ARB:
Secretary has appointed Lisa Kubiske, a retired U.S. Ambassador, as Chair of the Board. The other Board members are retired Ambassador Linda Thomas-Greenfield, retired Ambassador Joan Plaisted, Ms. Carol Gallo, and Mr. John DeSalvio. They bring to their deliberations distinguished backgrounds in government service.
According to the notice, the Board “will submit its conclusions and recommendations to Secretary Pompeo within 60 days of its first meeting, unless the Chair determines a need for additional time. Within the timeframes required by statute following receipt of the report, the Department will report to Congress on recommendations made by the Board and action taken with respect to those recommendations.”
12 FAM 030 on the ARB provides that “The Secretary must convene a Board not later than 60 days after the occurrence of an incident, except that such 60-day period may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary for the convening of the Board.” The attack occurred in January 2017; we have not been able to locate a notice of an ARB for this incident authorized by Tillerson. Pompeo assumed office in Foggy Bottom on April 26, 2018. ARB Guadalajara was authorized on June 1, 2018, some 17 months after the incident, but less than 60 days from Pompeo’s taking office.
There is a provision in the regs for a delay in convening an ARB; we can’t tell if the delay here was under this provision or simply because Tillerson’s tenure was beset by chaos: With respect to breaches of security involving intelligence activities, the Secretary may delay the convening of a Board, if, after consultation with the chair of the Select Committee on Intelligence of the Senate and the chair of the Permanent Select Committee on Intelligence of the House of Representatives, the Secretary determines that the establishment of a Board would compromise intelligence sources or methods. The Secretary must promptly advise the chairs of such committees of each determination to delay the establishment of a Board.
In any case, we’re still interested in learning more about what happened to ARB Guadalajara. If it’s been concluded, has it been forwarded to Congress?