FSO Jennifer Davis’ Security Clearance Revocation, a Very Curious Leak

Since you’re here, please check out our first fundraising since our funding ran out in August 2020.  We could use your help to keep the blog going. Please see GFM: https://gofund.me/32671a27

On April 9, Politico published an odd piece about the revocation of a Foreign Service officer’s security clearance.

“A top aide to the U.S. envoy to the United Nations has stepped aside after her security clearance was revoked, according to two people familiar with the matter.

Jennifer Davis, the de facto chief of staff to Amb. Linda Thomas-Greenfield, is a career Foreign Service officer who has worked at the State Department for 18 years, with previous postings in Colombia, Mexico and Turkey.”

The report says that the revocation came after a three-year investigation by the Bureau of Diplomatic Security. Davis served a three year tour as Consul General in Istanbul, Turkey from August 2016 to August 2019.

“In that role, she had a conversation with a reporter, Amberin Zaman of the Middle Eastern-focused news outlet Al-Monitor, about the problem of local staff being hassled and detained by Turkish authorities, according to the person close to her.

Zaman reported at the time that the Turkish pressure campaign was likely to expedite U.S. government plans to use visa sanctions to block certain Turkish officials from visiting the U.S. and said that a list of such officials had been drafted, citing “sources close to the Donald Trump administration.” Not only did she speak to Zaman with the knowledge and at the direction of her superior, according to the person close to Davis, the information she shared was “not at all sensitive” and was declassified soon after their discussion.”

The report further states that Davis spoke to Zaman “with the knowledge and at the direction of her superior” citing a person close to Davis. And that the information Davis shared “was not at all sensitive”  and it was reportedly declassified soon after the discussion occurred.
Security clearance revocations do not make news very often. The investigating office is often mum about the revocation and the subject of the security clearance investigation/revocation is often not able to talk about it. Unless they write about it. Or unless officials leaked it to the press, of course.
At least three people spoke to Politico: the “two people familiar with the matter” and “a person close to Davis who said that “Davis will “strongly contests the determination” and is “going to aggressively appeal this decision as quickly as possible.”
Nearly 1.4 million people hold “top secret” clearance. So why is the Davis case news?  We do not know, as yet, who stands to gain by the public revelation of this revocation. But see, this is making us well, perplexed and very curious.
Let’s try and see a public timeline of what happened prior to the reported revocation.
October 2017: In the fall of 2017, Turkey arrested a local national working at the US Consulate General Istanbul.
The U.S. Ambassador to Turkey during the first two arrests of US Mission employees (one in Adana, one in Istanbul) was John Bass who served from October 2014 to October 2017. Prior to the conclusion of his tenure in Turkey, the US Mission suspended visa services, a specific action taken by the U.S. Government over the Turkish Government’s treatment of U.S. Mission employees in Turkey. Ambassador Bass issued a statement about the arrests of two veteran employees of the U.S. Government in Turkey.
October 2017 – Chief of Mission to Chargé d’Affaires in Turkey
Philip Kosnett assumed the duties of Chargé d’Affaires in October 2017 upon the conclusion of Ambassador John Bass’ assignment in Turkey. He began his assignment as Deputy Chief of Mission at the U.S. Embassy in Ankara, Turkey in July 2016.  In July 2018, he was nominated by Trump to be U.S. Ambassador to Kosovo.  He was confirmed by the U.S. Senate in September 2018, and presented his credentials in Pristina in December 2018. That’s still his current assignment. Kosnett’s tenure as Chargé d’Affaires at US Mission Turkey was from October 2017 to on/around July 2018.
November 2017: Michael Evanoff was confirmed as Assistant Secretary of State for Diplomatic Security under the Trump Administration. He served in that capacity until his resignation in July 2020.
December 2017: U.S., Turkey mutually lift visa restrictions, ending months-long row
January 2018: A second local employe of U.S. Consulate General Istanbul was arrested.
On January 31, 2018, USCG Istanbul local employee Nazmi Mete Cantürk turned himself in to Turkish authorities and was placed under house arrest.  It was previously reported that in 2017, his wife and child were detained Oct. 9 in the Black Sea province of Amasya for alleged links to the Gülen network. He was the third USG employee arrested by the Government of Turkey.
The two arrests in Istanbul followed a previous arrest of a local employee at the U.S. Consulate in Adana in February 2017. Turkish authorities detained Hamza Uluçay, a 36-year veteran Turkish employee of the U.S. Consulate on unsubstantiated terrorism charges.
February 2018: Journalist Amberin Zaman published an article via Al-Monitor.
On February 1, 2018, a day after a second Consulate employee was put under house arrest by the Turkish Government,  Zaman published “Turkey resumes pressure on US Consulate staff” for Al-Monitor. This  was the article that reportedly spurned the investigation. Excerpt below:

“Turkey has reneged on its pledge to not hound locally employed staff at US missions on its soil, with police interrogating a Turkish citizen working for the US Consulate in Istanbul yesterday, Al-Monitor has learned. The move could likely accelerate the US administration’s plans to apply targeted visa sanctions against Turkish officials deemed to be involved in the unlawful detentions of US Consulate staff, provided that Secretary of State Rex Tillerson gives final approval, sources close to the Donald Trump administration told Al-Monitor.”

March 2018: Rex Tillerson, the 69th Secretary of State was fired.
A few weeks after the publication of the Zaman article, Rex Tillerson was fired from the State Department and left Foggy Bottom for the last time on March 22, 2018. His inner circle staffers followed him to the exit by end of that month. Also see Trump Dumps Tillerson as 69th Secretary of State, to Appoint CIA’s Pompeo as 70th SoS.

Continue reading

@StateDept Nominations Pending at the SFRC as of 4/12

Since you’re here, please check out our first fundraising since funding ran out in August 2020.  We could use your help to keep the blog going. Please see GFM: https://gofund.me/32671a27

 

The following State Department nominations are currently pending at the Senate Foreign Relations Committee.
2021-02-04 PN114 United States Agency for International Development | Samantha Power, of Massachusetts, to be Administrator of the United States Agency for International Development.
Confirmation hearing on 3/23/21. Nomination expected to be taken up during the Business Meeting on 4/15/21. 
2021-03-09 PN241 Department of State | Uzra Zeya, of Virginia, to be an Under Secretary of State (Civilian Security, Democracy, and Human Rights).
SFRC Confirmation Hearing scheduled for April 15, time TBD
2021-02-13 PN120 Department of State | Victoria Nuland, of Virginia, to be an Under Secretary of State (Political Affairs).
SFRC Confirmation Hearing scheduled for April 15, time TBD

2021-04-12 PN268 Department of State | Brian A. Nichols, of Rhode Island, a Career Member of the Senior Foreign Service, Class of Career Minister, to be an Assistant Secretary of State (Western Hemisphere Affairs).
2021-03-17 PN253 Department of State | Jose W. Fernandez, of New York, to be an Under Secretary of State (Economic Growth, Energy, and the Environment).
2021-03-17 PN252 European Bank for Reconstruction and Development | Jose W. Fernandez, of New York, to be United States Alternate Governor of the European Bank for Reconstruction and Development.
2021-03-17 PN251 International Bank for Reconstruction and Development | Jose W. Fernandez, of New York, to be United States Alternate Governor of the International Bank for Reconstruction and Development for a term of five years; United States Alternate Governor of the Inter-American Development Bank for a term of five years
2021-03-15 PN242 Department of State | Bonnie D. Jenkins, of New York, to be Under Secretary of State for Arms Control and International Security.

###

Ex-FSO Indicted For Concealing Information in Background Investigation

Since you’re here, please check out our first fundraising since funding ran out in August 2020.  We could use your help to keep the blog going. Please see GFM: https://gofund.me/32671a27

 

On April 2, the Department of Justice announced the indictment of a former State Department employee, a Foreign Service officer for “intentionally concealing information on his SF-86 background investigation questionnaires and in interviews with State Department background investigators.”
Congressional record indicates that a Paul M. Guertin of RI was confirmed by the U.S. Senate by voice vote on October 21, 2011  for his appointment as Foreign Service Officer of Class Four, Consular Officer and Secretary in the Diplomatic Service of the United States of America.
 Via USDOJ: Former State Department Employee Indicted for Concealing Information in Background Investigation

Paul Michael Guertin (“Guertin”), 40, of Arizona and former resident of Washington, DC, was indicted on March 29, 2021 by a federal grand jury in the District of Columbia for wire fraud and obstructing an official proceeding. The indictment was announced by Acting U.S. Attorney Channing D. Phillips and Special Agent in Charge Elisabeth Heller, of the U.S. Department of State, Office of Inspector General.

Guertin was a Foreign Service Officer who served on multiple State Department assignments, including overseas postings to U.S. diplomatic missions in Shanghai, China and Islamabad, Pakistan, and a posting to the Bureau of Intelligence and Research at State Department headquarters in Washington, DC. As a condition of his employment, Guertin was required to apply for and maintain a Top Secret security clearance.  According to the indictment, Guertin intentionally concealed information on his SF-86 background investigation questionnaires and in interviews with State Department background investigators. He withheld information about several categories of conduct, including an undisclosed sexual relationship with a Chinese national, whose U.S. visa application was adjudicated by Guertin while he was serving as a consular officer in Shanghai, China; undisclosed gambling debts; and an undisclosed $225,000 loan from two Chinese nationals, who were directed by Guertin to provide $45,000 of the initial disbursement in the form of cash in $100 bills.

An indictment is a formal accusation of criminal conduct, not evidence of guilt.  A defendant is presumed innocent unless proven guilty.

This matter was investigated by the U.S. Department of State, Office of Inspector General and is being prosecuted by Assistant U.S. Attorneys Christopher Brown and Thomas Gillice, with assistance from Paralegal Specialist Chad Byron.

###

SF-86 form clearly states under Penalties for Inaccurate or False Statements that “the U.S. Criminal Code (title 18, section 1001) provides that knowingly falsifying or concealing a material fact is a felony which may result in fines and/or up to five (5) years imprisonment.”
According to the indictment, the Grand Jury was sworn in on January 28, 2021. The indictment includes two offenses: Count One: 18 U.S.C. § 1343: (Wire fraud); Count Two: 18 U.S.C. § 1512(c)(2) (Obstructing an official proceeding) plus Forfeiture: 18 U.S.C. § 981(a)(1)(C); 28 U.S.C. § 2461(c); 21 U.S.C. § 853(p) according to the court filing. Grand juries are composed of 16 to 23 citizens, who hear a wide range of criminal cases and decide whether there is evidence to justify indictments sought by federal prosecutors. To return an indictment, a minimum of 12 members of a grand jury must find probable cause.
Excerpts below from the indictment filed in the U.S. District Court for the District of Columbia:

3. During his tenure as a Foreign Service Officer, GUERTIN served on multiple State Department assignments abroad, including postings to diplomatic missions in Shanghai, China and Islamabad, Pakistan. GUERTIN also served at State Department headquarters in the District of
Columbia in the Bureau of Intelligence & Research (“INR”), the State Department’s intelligence office. GUERTIN was later assigned to language training in Taipei, Taiwan.

9. In connection with his initial employment with the State Department and periodic re-investigations, GUERTIN signed and submitted SF-86 forms on or about September 27, 2005; November 19, 2010; and April 3, 2016.

The indictment cites Guertin’s “undisclosed conduct” that includes Undisclosed Romantic Relationship with Chinese National Whose U.S. Visa Application GUERTIN Adjudicated; Undisclosed Financial Problems Due to Gambling; and Undisclosed $225,000 Loan Agreement with Two Chinese Nationals, Collateralized by GUERTIN’s House. The indictment also cites some electronic communication.

15. In or about June 2008, GUERTIN conducted a visa application interview with CHINESE NATIONAL 1 in his capacity as a consular officer at the U.S. Consulate in Shanghai, China. On or about June 11, 2008, GUERTIN favorably adjudicated CHINESE NATIONAL 1’s application for a U.S. visa.

16. Two days later, on or about June 13, 2008, GUERTIN sent CHINESE NATIONAL1 an e-mail stating: “I gave you an interview a few days ago here in Shanghai, and thought you were very cute and interesting! 🙂 Was wondering if you’d be interested in going out for dinner or a bite to eat sometime.” GUERTIN initiated a personal and sexual relationship with CHINESE NATIONAL 1 that lasted through at least in or about July 2009.

26. On or about July 13, 2015, GUERTIN sent an e-mail to an associate requesting an emergency loan of $10,000 in order to pay down his gambling debts in advance of his security clearance re-investigation. GUERTIN stated: “I desperately need 10 dimes to get my [stuff] in order and pass a security clearance review to hold onto my job.” GUERTIN further explained: “Every 5 years the State Dept. does a security clearance re-investigation, and mine is coming up in 3 months, and they’re for sure going to see that my credit score dropped hard from the last time they checked. That will cause them to get suspicious, and then they’ll search my bank account transactions and find all the gambling related [stuff]. . . . [t]hey’1l send me home from Taiwan and if they revoke my security clearance I’Il lose my job within 6 months.”

30. On or about April 15, 2015, GUERTIN directed CHINESE NATIONAL 2 and CHINESE NATIONAL 3 to meet him at a location in the District of Columbia for the purpose of withdrawing $45,000 in cash from their bank account for a further disbursement of the $225,000 loan. GUERTIN instructed them: “Also please ask the bank manager to give you as much as possible of the money in $100 bills so it’s not so ridiculously bulky to carry around and deposit, thx!”

The indictment does not indicate what happened in August 2017 when his employment apparently ended. It is also not clear when and for how long was he posted at INR.
The indictment does not explain Guertin’s relationship with the two Chinese nationals only referred to as Chinese National 2 and Chinese National 3.  Guertin was posted in Shanghai in 2008 which would have been a two-year tour. The loan agreement with the two Chinese nationals allegedly occurred in April 2015. We should learn more if  this case progresses in court.
USA v. Guertin was assigned to Judge Trevor N. McFadden in the U.S. District Court for the District of Columbia. As this article notes, an indictment is not a statement of guilt — it is only a determination that enough evidence exists to move forward with charges. The defendant will have an opportunity to enter a plea. As of this writing, no initial appearance has been noted in court, and no plea has been entered.

###