House Democrats Call on @StateDept to Resist Potential Political Witch-Hunts

Posted: 1:12 am ET

 

In October 2016, then candidate Donald Trump retweeted an editorial by the NYPost about what it calls the “State Department’s shadow government.” Trump’s Twitter archive also includes a few tweets about the “State Department” here, “embassy” here, and the term “ambassador” here. Given the tenor of his typical tweets, these tweets are normal in their abnormality, that is, they’re not unique in themselves.

Last week, there were reports that the Trump Transition asked the Department of Energy for a list of agency employees or contractors who attended meetings or conferences on climate change. The 74-point questionnaire (PDF) includes questions like “Can you provide a list of all Department of Energy employees or contractors who have attended any lnteragency Working Group on the Social Cost of Carbon meetings? Can you provide a list of when those meetings were and any materials distributed at those meetings, EPSA emails associated with those meetings, or materials created by Department employees or contractors in anticipation of or as a result of those meetings?”

The Department of Energy had since responded saying,  “We will be forthcoming with all publically-available information with the transition team. We will not be providing any individual names to the transition team.”

The report was concerning given the department history with the red scare and the lavender scare; we wondered where else the Transition Teams were seeking names. On December 14, CNN reported that Donald Trump’s transition team disavowed the questionnaire sent to the Energy Department requesting the names of employees working on climate change issues. “The questionnaire was not authorized or part of our standard protocol. The person who sent it has been properly counseled,” a Trump transition official told CNN.

We are not aware that a similar request was sent to the State Department. However, the Democratic members of the House Foreign Affairs Committee (HFAC) have already called on Secretary Kerry “to resist any attempt by the incoming Administration to single out individual employees who have worked in support of Obama Administration priorities.”  In their letter, 18 Committee members urged Secretary Kerry to follow suit with their Energy Department counterparts and refuse any such request.

In a letter to Secretary Kerry, the Members wrote, “We believe your Department should work to ensure a smooth transition of power.  However, individual civil servants, Foreign Service Officers, and other staff should not be singled out for their work in support of policy objectives that clash with the next Administration’s goals, leaving them vulnerable to retribution by the incoming Administration. In our view, gathering names in this manner bears striking resemblance to dark chapters in our history marked by enemies lists and political witch hunts.”

The letter also informed the State Department that the HFAC website will soon have a link that State Department and USAID personnel can use securely to report unethical or illegal practices.  The new tool is provided reportedly to help ensure that “employees feel safe when reporting evidence of waste, fraud, and abuse of authority, including discrimination and other civil rights violations.”

#

 

More on Trump’s Taiwan Call Plus Video Clips From Secretary of State Candidates #suspense

Posted: 2:07 am ET

 

A view from Taiwan, a Trump-Tsai Ing-wen tag team, watch:

Now for the auditions, with some exciting clips below:

#

UN Amb Samantha Power Refers to the “Genocide Denial Against the Armenians” in Elie Wiesel Tribute

Posted: 1:29  pm PT
Updated: Dec 7, 9:01 am PT

 

Excerpt from Ambassador Power’s statement, as delivered:

“… How cruel was it, then, that young Elie Wiesel, who was taunted by his perpetrators that nobody would ever know or care what had happened to him and his people, how cruel was it that he encountered a world that again didn’t seem to care what he had gone through. When he was hawking that manuscript, did he feel somehow like Moshe the Beadle, a man who possessed the truth, but was ignored?

And yet none of this appears to have tamed the determination – or even the spark and sparkle – in and of Elie Wiesel. Night of course did eventually find its publishers and after several years, its readership did begin to grow, at first gradually, and then exponentially. Indeed, arguably no single work did so much to puncture the silence that had previously enveloped survivors, and bring what happened in the Night out into the light, for all to see. And yet. Injustice was still all around. Genocide denial against the Armenians, the horrors of his lifetime – Pol Pot, Bosnia, Rwanda, Darfur, Syria, in his later years. He lived to see more and more people bear witness to unspeakable atrocities, but he also saw indifference remained too widespread.”

We should note that Ambassador John M. Evans, a career diplomat who was appointed to Armenia from 2004-2006 lost his job during the Bush II administration after calling the Armenian killings a genocide.  In the waning days of the Obama Administration, we doubt if any reference to the Armenian Genocide as she did here in her tribute to Elie Weisel would make a difference career-wise. She will  leave her post on/around January 20, so it’s not like they’re going to fire her between now and then. Also, that’s a public speech she delivered, which means it has been through a clearance process, and not an accidental or even rogue reference.

For folks who want to read about the Armenian Genocide, also known as the “Events of 2016 1915,” the place to start is the Foreign Relations of the United States (FRUS) from history.state.gov: Papers Relating to the Foreign Relations of the United States, 1915, Supplement, The World War  > Page 981

Click here for Samantha Power and what she said about the Armenian Genocide back in 2008 when she was campaigning for then candidate, Barack Obama. Ambassador Power is also the winner of the Pulitzer Prize and the National Book Critics Circle Award for “A Problem from Hell: America and the Age of Genocide” published in 2003.

Turkey has been there many times before, of course, below are some sample reactions just from 2016 alone:

 

 

Related items:

Papers Relating to the Foreign Relations of the United States, 1915, Supplement, The World War  > Page 981

U.S. Permanent Representative to the United Nations Ambassador Samantha Power

1915 Armenian Genocide — The “G” Word as a Huge Landmine, and Diplomatic Equities (April 2015)

John M. Evans: The diplomat who called the “Events of 1915” a genocide, and was canned for it (Aril 2015)

$4.2 million to dispute a single word (August 2009)

FBI to Veteran Diplomat Robin Raphel: “Do you know any foreigners?” #criminalizingdiplomacy

Posted: 1:29  pm ET

 

We’ve posted previously about Ambassador Robin Raphel in this blog. See Case Against Veteran Diplomat Robin Raphel Ends Without Charges, Who’s Gonna Say Sorry?. Also below:

Today, the Wall Street Journal runs an extensive account of what happened and why this case is a concerning one for American diplomats:

The NSA regularly swept up Pakistani communications “to, from or about” senior U.S. officials working in the country. Some American officials would appear in Pakistani intercepts as often as once a week. What Raphel didn’t realize was that her desire to engage with foreign officials, the very skill set her supervisors encouraged, had put a target on her back.

The FBI didn’t have a clear picture of where Raphel fit on the State Department organizational chart. She was a political adviser with the rank of ambassador but she wasn’t a key policy maker anymore. She seemed to have informal contacts with everyone who mattered in Islamabad—more, even, than the sitting ambassador and the CIA station chief.

[…]
State Department officials said that when they spoke to the FBI agents, they had the feeling they were explaining the basics of how diplomats worked.

At times, Raphel’s colleagues pushed back—warning the FBI that their investigation risked “criminalizing diplomacy,” according to a former official who was briefed on the interviews.

In one interview, the agents asked James Dobbins, who served as SRAP from 2013 to 2014, whether it was OK for Raphel to talk to a Pakistani source about information that wasn’t restricted at the time, but would later be deemed classified.

“If somebody tells you something in one conversation, you might write that up and it becomes classified,” he said. “But that doesn’t mean the next time you see them that you can’t talk about what you’d already talked about.”

[…]

Over the past two years, diplomats in Pakistan and the U.S. have scaled back contacts, according to officials in both countries. U.S. diplomats say they are afraid of what the NSA and the FBI might hear about them.

“What happened to Raphel could happen to any of us,” said Ryan Crocker, one of the State Department’s most highly decorated career ambassadors. Given the empowerment of law enforcement after 9/11 and the U.S.’s growing reliance on signals intelligence in place of diplomatic reporting, he said, “we will know less and we will be less secure.”

“Look what happened to the one person who was out talking to people,” said Dan Feldman, Raphel’s former boss at State. “Does that not become a cautionary tale?”

[…]

Diplomatic Security had yet to restore her security clearance. Some of her friends at the State Department said they believed the FBI opposed the idea.

Kerry and Raphel stood close together for only a couple of minutes. On the sidelines of the noisy gathering, Kerry leaned over and whispered into Raphel’s ear: “I am sorry about what has happened to you.”

Read in full below:

#

Will the US Embassy Move From Tel Aviv to Jerusalem?

Posted: 12:50 am ET

 

The Jerusalem Embassy Act of 1995 declares that it is the policy of the United States that (1) Jerusalem should remain an undivided city in which the rights of every ethnic and religious group are protected;(2) Jerusalem should be recognized as the capital of the State of Israel; and (3) the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999.

Since passage, the law has never been implemented, because of opposition from Presidents Clinton, Bush, and Obama.  Via CRS (pdf):

Successive U.S. Administrations of both political parties since 1948 have maintained that the fate of Jerusalem is to be decided by negotiations and have discouraged the parties from taking actions that could prejudice the final outcome of those negotiations. Moreover, the Palestinians envisage East Jerusalem as the capital of their future state. However, the House of Representatives passed H.Con.Res. 60 in June 1997, and the Senate passed S.Con.Res. 21 in May 1997. Both resolutions called on the Clinton Administration to affirm that Jerusalem must remain the undivided capital of Israel.

A related issue is the possible future relocation of the U.S. embassy from Tel Aviv to Jerusalem. Proponents argue that Israel is the only country where a U.S. embassy is not in the capital identified by the host country, that Israel’s claim to West Jerusalem—proposed site of an embassy—is unquestioned, and/or that Palestinians must be disabused of their hope for a capital in Jerusalem. Opponents say such a move would undermine prospects for Israeli-Palestinian peace and U.S. credibility with Palestinians and in the Muslim world, and could prejudge the final status of the city. The Jerusalem Embassy Act of 1995 (P.L. 104-45) provided for the embassy’s relocation by May 31, 1999, but granted the President authority, in the national security interest, to suspend limitations on State Department expenditures that would be imposed if the embassy did not open. Presidents Clinton, Bush, and Obama have consistently suspended these spending limitations, and the embassy’s status has remained unchanged.

The State Department Authorization Act for FY2002-FY2003 (P.L. 107-228) urged the President to begin relocating the U.S. embassy “immediately.” The act also sought to (1) prohibit the use of appropriated funds for the operation of U.S. diplomatic facilities in Jerusalem unless such facilities were overseen by the U.S. ambassador to Israel; and (2) allow Israel to be recorded as the place of birth of U.S. citizens born in Jerusalem. When signing the act into law, President George W. Bush wrote in an accompanying “signing statement” that the various provisions on Jerusalem would, “if construed as mandatory … impermissibly interfere with the president’s constitutional authority to conduct the nation’s foreign affairs.” The State Department declared, “our view of Jerusalem is unchanged. Jerusalem is a permanent status issue to be negotiated between the parties.”

There are currently two related ongoing construction work at USG properties in Israel. There is a $50M renovation at US Embassy Tel Aviv, and ongoing work at an annex for US Consulate General Jerusalem. As of November 9, we understand that both projects have been put on hold.

Hmmmnn ….

 

#

For Foreign Diplomats, Trump WashingtonDC Hotel Is the Place To Be

Posted: 12:25 am ET

 

For those interested in the subject of conflicts of interest and the presidency, here is a good read from the Congressional Research Service:

Does federal law require the President to relinquish control of his or her business interests? Federal regulation of financial conflicts of interest is aimed at preventing opportunities for officials to personally benefit from influence they may have in their official capacity. As a general rule, public officials in the executive branch are subject to criminal penalties if they personally and substantially participate in matters in which they (or their immediate families, business partners or associated organizations) hold financial interests. However, because of concerns regarding interference with the exercise of constitutional duties, Congress has not applied these restrictions to the President. Consequently, there is no current legal requirement that would compel the President to relinquish financial interests because of a conflict of interest.

Read more:

#

Duterte Announces Break-Up With America Before Applauding Chinese Audience

Posted: 3:23 pm ET

Philippine President Rodrigo Duterte visited China recently, and the Chinese rolled out the red carpet. See the video here of the grand arrival ceremony complete with children waving the Philippine and Chinese flags. This video cites Chinese respect for the Philippines by displaying the Philippine flag above the Chinese flag.  Also below is an interesting take from a Filipino writer describing a prior presidential visit to China as he watched the Duterte visit and what he calls China’s  “dragon dance of celebration.”

While in China, Duterte was famously quoted for saying he is “separating” from the United States. Below is the video where the president of America’s longest ally in Asia is lambasting all Americans and their character during his October 20, 2016 speech in China. He calls Americans — and not just Americans he dealt with — but basically all Americans and westerners as discourteous, and loud, “their voice in their larynx not well adjusted to civility.” He said, he did not really like Americans because long ago  he had an experience with American idiotic arrogance. He proceeds to retell a story about being stopped at LAX by an African-American immigration official who he describes in detail and then says no racial slur intended. It sounds like he was taken to a secondary interview which he recalls as an interrogation.  (By the way, according to WaPo’s David Nakamura, Duterte has reportedly told aides to be sure he doesn’t go thru US airport en route to Peru for APEC next month). So at some point during this China talk, he complains about Filipinos going to the U.S. who are berated and humiliated when applying for visas while Americans are allowed to visit the Philippines without visas.  Would not be surprised if he would soon want Americans visiting the Philippines to get visas.

He offers to collect whatever debts the U.S. owe China  as long as he can keep some of it and says  “Duterte of the Philippines is very towards China because China has a character of an oriental.” He gives the reason why he decided to “shift-gears.” There is also a portion here where he talks about US aid to the Philippines and how it has not really changed the lives of the people in his country.  The speech is delivered mostly in English. We have not been able to find a transcript of this speech, but if there is one, it would read exactly like a convoluted Trump speech. He complimented China for its “sincerity” and complains that Americans and President Obama never apologized to him. At the end of this speech, he says, “In this venue, I announced my separation from the United States” to great applause.

Here is a quick recap if you were not following this break-up:

On October 24, China announced that it has donated millions to the Philippines after Super Typhoon Lawin (Haima).  According to rappler.com, the Chinese embassy said it donated P50 million to the Philippine government on Monday “for the disaster relief of farmers and fishermen in the affected regions.” China also committed around P35 million to Philippine anti-disaster efforts. The Red Cross Society of China “will also provide humanitarian aid of $100,000 to the Philippines.”

Here is President Duterte with his new best friend in Manila, Chinese Ambassador to the Philippines Zhao Jianhua while the former calculates all that money donated by China “with no strings attached.”

Earlier, the State Department announced that EAP Assistant Secretary Russel will travel to the Philippines on October 22–25, to meet with government officials and have lunch with Young Southeast Asian Leaders Initiative (YSEALI) participants.  While in Manila A/S Russel said he had candidly told Philippine Foreign Minister Yasay that Manila’s friends were concerned about the high loss of life in Duterte’s campaign against drugs and reiterated the importance of due process, according to Reuters.  Russel said “a real climate of uncertainty about the Philippines’ intentions had created consternation in many countries,” including the United States. He said that worry extended beyond governments to corporate boardrooms and warned that it was “bad for business” in “a very competitive region.”

Here are some clips with A/S Russel, whatever he says, we expect it would not go down well in Manila. Note that A/S Russel says: “It’s a mistake to think that improved relations between Manila and Beijing somehow come at the expense of the United States, that’s not the way we think about it…”  It looks like the Duterte comments spliced in the clip below were made on October 19, so before the Russel visit to Manila. But we’re posting this clip here because the Duterte comments are relevant, nonetheless.

Of course, as can be expected, President Duterte delivered another rant.  Below is President Duterte with comments mostly in Tagalog and a sprinkling of English. From what we could tell he is talking about chop-suey and “historical hurts that will not go away” when Manila was bombed in World War II.  This is undated but he is citing comments from A/S Russel and Ambassador Goldberg.  You want to know his intention in terms of military cooperation? Here  he is talking about not/not wanting “any military man of any other nation, except the Philippine soldier” in the country. And when America talks about defending the Philippines, he asks, who from — citing the bogeyman of wars.  The AFP quotes him separately as saying “I want them out and if I have to revise or abrogate agreements, executive agreements, I will,” he added. (If tweeps want to help translate the Tagalog part of the video below, email us here).

As a background to Duterte’s anti-American stance, read the clips below about the Philippines, starting with James Fallows ‘A Damaged Culture’ following Corazon Aquino’s People Power Revolution in 1986. Also a useful list of grievances below via WSJ that goes back years for Mr. Duterte — from America’s  invasion of the Philippines in 1898 to the visa denial for Duterte and the cancellation of a work visa for his partner in 2002, and that’s just for starters.

We think A/S Russel’s message will not get though the noise. We also doubt that the next ambassador to Manila if confirmed, will find a friendly face at the presidential palace. Duterte’s beef is not with specific individuals, or even a specific American administration, it is with Americans as a whole. It sounds like he perceived all his encounters with Americans as bad.  We kept waiting for him to scream “Yanquis go home!” Meanwhile, the State Department continues to be deluded with what is now a one-sided love affair.

The official spox says that  they’re taking the “long view.” “The long view, in our mind, is a sustained, healthy, vibrant bilateral relationship with the people and the government of the Philippines.”  Mr. Duterte’s term doesn’t end until 2022, can we actually expect the United States to simply go around the country’s head of state? How would that work? Maybe before things totally go off the rails, the administration ought to consider deploying Ambassador Michele Sison, Foggy Bottom’s highest ranking Filipino-American diplomat to give an assist at APEC in November and even in Manila?

#

 

Why Did Diplomatic Security Compile a Short-List of DS Agents Leaving For the U.S. Marshals Service?

Posted: 3:30 am ET

 

On October 4, we wrote about DS agents fleeing Diplomatic Security in droves for the U.S. Marshals Service.  On October 14, we did a follow-up piece, Is Diplomatic Security, the State Department’s Law Enforcement Arm Trying to Break the Law? Today, we’ll talk about the list.

As we’ve previously reported, in addition to the alleged warning that DS agents who leave for the U.S. Marshals will not be allowed back into the agency (contrary to 5 USC § 2302(b) and 3 FAM 2130), a State Department official speaking on background shared with us a short-list of DS agents leaving the bureau for the U.S. Marshals Service. The list is allegedly compiled at the direction of the Diplomatic Security Service (DSS) Front Office. We were given the names of the people allegedly involved in this mess but we do not have a paper trail of who said what to who, or who did what for whom so we are not publishing those names at this time. There should be record emails if/when Inspector General Linick decides to look into this matter.

The List:  Where did it come from?

A source with detailed knowledge of the USMS lateral hiring program told us that USMS HR sent out an email but did not blind carbon copy (BCC) the distribution.  It was therefore easy to recognize many names as well as identify agency affiliation as some folks did use their state.gov email addresses. Our source suggested that this same email could have made its way to the DS Front Office and may have been the origin of the list. Even granted that this might have been what actually happened, somebody still had to compile that list.

The 30 names on the list includes 19 Special Agents (SA) assigned domestically, 6 Assistant Regional Security Officers (ARSO) assigned overseas, 1 agent from an unidentified office and 4 agents with the Mobile Security Deployments (MSD).  We don’t know how many agents from this list have now successfully transferred to USMS but we’ve since learned that two of the first agents to leave were just given Superior Honor awards for a human trafficking case. So let’s dispel with the notion that these folks walking out the door are  low-performers.

The list is on a 6-column spreadsheet, and includes each DS agent’s name, current assignment, future rotational assignment and/or TED dates.  While there is great concern that the list has a retaliatory intent, we have to grant that there could be other reasons for the bureau to compile such a list. But what? That’s why we asked Diplomatic Security 1) why this list was compiled, 2) what is its purpose, and 3) why DS/IP is reportedly consulting this list during pre-assignment deliberations? But the bureau was mum on this and we received the same non-response to our questions:

“Thank you for your query. We will have no additional comments on this.” 

We’ve sharpied out the last names and all locations outside of DC from the list below because these folks could be easily identifiable in overseas posts and non-DC domestic locations.  If the list was born from a USMS HR email, the other details below particularly rotation information could have only come from State Department systems.

recd_usmsapplicantlist

 

The List: What is it for?

It is alleged that the purpose of this list is retaliation. Whether real or perceived, we understand that there are agents with conditional offers who are now considering withdrawal from the USMS process for fear of being blacklisted or blackballed when it comes to promotions and assignments.  The State Department official who shared the list with us also mentioned assignments and promotions as real concerns and said that though this may sound petty, the bureau can retaliate against these agents through denial of domestic assignments to areas where their families live, denial of overseas assignments, denial of extensions to those assignments, as well as denial of tenure or promotions, etc. The official admits that there is “nothing concrete to support this assumption, just the overall experience of how the game goes.”  That comment in itself is concerning.  It indicates that retaliation is not an isolated action within the bureau, but something that employees view as part of the system and even come to expect as part of a “normal” institutional reaction.

We’ve learned that as concerns for this list mounted later this summer, one official associated with the compilation of this list was removed from his position and a DS Broadcast announced that “effective immediately” a new agent was filling his position. Whether the removal was just coincidence, it did not seem to abate the concerns and fears about the list.

One might argue — and we’re trying hard to find a good argument here — that perhaps the list is just a heads up to the top leadership about folks the bureau is losing to the U.S. Marshals Service.  Or maybe the list was just a harmless “hey look at these co-workers we have to send congratulation cards to.” Okay. Fine. But as far as we know, no one from the top leadership has explained the reason for the list even as it has roiled its rank and file. And there was that alleged warning at UNGA.

Also two things:

#1.  The compiled list is not/not of all DS agents leaving the bureau, but specifically, of all agents leaving the bureau for the U.S. Marshals Service. So they’re not looking at say, a projected attrition data but at a clearly defined group of employees.

#2. DS/IP, the office who has a final say on where agents end up overseas is allegedly consulting this list during pre-assignment consultations/deliberations. Whether true or not, that’s the story racing down the corridors.

So why did Diplomatic Security compile a short-list of DS agents leaving for the U.S. Marshals Service?  We have no good answer. And Diplomatic Security refuses to say. If  there’s a perfectly good reason for all this, the top leadership at Diplomatic Security has not done anything to address the real concerns that people have.

Blowing Up the Security Officers’ Attrition Rate

We were previously told by PA that the overall Special Agent attrition rate for 2015 was 3.66%.  We have since learned that this attrition rate is incorrect as this does not include the number of agents who leave DS for other federal agencies.

According to the State Department’s recently published data, the average annual attrition rate for security officers between 2011-2015 is 58 employees. This is the highest among Foreign Service specialists, by the way, followed by Office Management Specialists (OMS).  With a total force of approximately 2,000 special agents (including nearly 800 special agents posted in regional security offices at over 250 posts worldwide) that makes the average attrition rate in the last five years at 2.9%. The State Department projected that it will have an overall attrition of 296 (retirements and non–retirements) from FY2016 to FY2020; an annual average the next five years of 59 individuals or 2.9%. Note that since we’re using approximate and not the exact number of security officers, these numbers may be slightly off.

The departures for the U.S. Marshals Service would certainly spike that attrition number.  The USMS departures if/when concluded this year would already constitute 55% of the average annual attrition rate and could bump up this year’s attrition rate to 4.4%.  Except that if unconfirmed reports are true, these departures could go higher.  Apparently, there are also agents taking GS-9 and GS-10, entry-level positions with other law enforcement agencies.  We believed that the largest pool of security officers is in the  FS-03 rank which is equivalent in pay to GS-12/13. So if true that folks are taking a pay cut just so they could transfer to other agencies, there’s an even bigger problem at play here. Also how Diplomatic Security handle these departures could potentially have an impact on its projected attrition in the next five years.

ds-attrition-number

via state.gov

 

#

 

Is Diplomatic Security, the State Department’s Law Enforcement Arm Trying to Break the Law?

Posted: 4:21 am ET
Updated: 10:37 am PST

 

On October 4, we wrote about DS agents fleeing Diplomatic Security in droves for the U.S. Marshals Service.  We can now report that approximately 70 agents applied to move from Diplomatic Security to the U.S. Marshals Service and some 30 agents have received conditional offers. A State Department official on background shared with us a short-list of DS agents leaving the bureau for the U.S. Marshals Service. The list was reportedly compiled sometime this summer at the direction of the Diplomatic Security Front Office.  There is now an allegation that Diplomatic Security had asked the U.S. Marshals Service to stop accepting DS agents transfers.  Anecdotal evidence appears to indicate that the list is also being used by DS/IP in pre-assignment deliberations.  This comes amidst reports from sources that DSS Director Bill Miller addressed over 100 DSS agents during a brief in preparation for the UN General Assembly (UNGA), and allegedly stated that any DS agent who leaves for the U.S. Marshals would not be allowed back into the agency.

 

DS to Departing Agents: Bye, You Can’t Come Back! Seriously?

On the warning delivered at the UNGA brief, a State Department official who talked to us on background said: “I’m not sure how many people in that audience realized that just uttering those words is a prohibited personnel practice under 5 USC § 2302(b).”   

So we went and look up the actual statute: 5 U.S. Code § 2302 – Prohibited personnel practices

(b) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority—

(4) deceive or willfully obstruct any person with respect to such person’s right to compete for employment;

(5) influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment;

(10) discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this paragraph shall prohibit an agency from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, of the District of Columbia, or of the United States;

Could the warning  — that any DSS agent who leaves for the U.S. Marshals would not be allowed back into the agency — influence an applicant for the USMS job to withdraw from competition for fear of retaliation?

If an agent in good standing departs the bureau for another federal job, and decides to come back later, can DS legally discriminate against that agent on the fact that he/she previously left the bureau for another agency?

Isn’t asking the U.S. Marshals Service to stop accepting DS agents transfers considered an obstruction to these agents’ right to compete for employment?

It looks like 5 U.S. Code § 2302 is quite clear about this. Interference with the hiring process of a federal employee is not permissible. Unless, Diplomatic Security is treating 5 U.S. Code § 2302 as a suggestion, and compliance as optional.

We understand that it has been a standard practice at Diplomatic Security that any agent who leaves in good standing is often welcomed back if they wished to return, with minor stipulations for reinstatement. We’re told that typically they would have three years to apply for reinstatement, subject to available vacancies, training requirements, and they may be required to take a hardship tour on the first new assignment upon reinstatement. We should note that 3 FAM 2130 actually says “Because recent familiarity with the Foreign Service is a valuable asset that distinguishes former members from new hires, candidates for reappointment may be considered if they have left the Service not longer than 5 years prior to the date on their reappointment request.”

If it is true — that the top law enforcement official at Diplomatic Security delivered a message not only contrary to practice but also against the law — wouldn’t this generate great concern and trepidation among the troops? Shouldn’t this alarm the top leadership at the State Department and in the Congress?

The State Department official on background told us that every year DS has some attrition to FBI, ATF, OIGs, etc.  but the fact that this lateral USMS announcement came out with the intent to hire experienced agents, at grade, and in significant numbers was “the perfect storm for the poor morale and lack of career control that plagues our mid-level agents.”  The conditional offers to the DS agents reportedly compose nearly one quarter of all offers sent out by the USMS.  We were told that no single agency is as widely represented in that offer pool as Diplomatic Security.

Which is probably embarrassing and all, as folks might start asking uncomfortable questions such as —what the heck is going on at Diplomatic Security these days?

Another source told us  this could have been a lot worse had the vacancy announcement lasted longer than 24 hours. The U.S. Marshals vacancy announcement actually opened on June 8, 2016 and closed on June 8, 2016.

So — we asked the Bureau about this reported bar the agents talk with a Q: PDAS reportedly told folks at UNGA that the departing agents would not be allowed to come back to DS. This sounds a lot like a retaliatory threat and would be a prohibited personnel practice under 5 USC § 2302(b).  After multiple emails and days of waiting, we finally got a non-response on October 12 from Diplomatic Security:

“Thank you for your query. We will have no additional comments on this.” 

Note that we have not received previous comments to these questions although we have sent multiple queries. Heaven knows we don’t expect perfection from our State Department but we do, however, expect it to be responsive and accountable for the reported actions of its top officials.

Look, the Bureau of Diplomatic Security (DS) is the security and law enforcement arm of the U.S. Department of State. Which means that an allegation that it is not following the law even in one area cannot stand with just “no comment.” It also cannot just be ignored. We got no clarification, no explanation, no denial.  Maybe State or DS will have comments for the Congressional Oversight folks?

The bureau has several responses we can think of:

#1.  Deny, deny, deny: hey, hey, this is a nothing-burger, go away.

FSprob_nothingtosee

 

#2. Admit in part/deny in part: there was an official brief, but this warning never happened; you’re barking up the wrong tree.

wrongtree

via giphy.com

#3. Aggrieved defense: We are a law enforcement agency, of course we follow the law; are you nuts?

areyounuts

via giphy.com

#4. Pride defense: We are the Diplomatic Security Service, we don’t make a habit of threatening anyone just because he/she wants to be like U.S. Marshal Sam Gerard!

#5. Ideal response not coming: We have no greater resource than our people. We have not, and we will not interfere with our employees right to compete for employment.

 GIF_shakinghead

Next: Why did Diplomatic Security compile a short-list of DS agents leaving for the U.S. Marshals Service?

 

#

#Benghazi News: What did the ARB and Benghazi Committee know about Alamir, Eclipse and Xpand?

Posted: 3:53 am ET

 

Via HuffPo:

A middleman the State Department relied on to hire unarmed guards at the U.S. facility in Benghazi, Libya, previously worked with a company that’s now at the center of a massive international bribery scandal.

The FBI and law enforcement agencies in at least four other countries are investigating allegations ― first published by The Huffington Post and Fairfax Media ― that a Monaco-based company called Unaoil bribed public officials to secure contracts for major corporations in corruption-prone regions. In Libya, Unaoil partnered with a Tripoli-based businessman named Muhannad Alamir. A former Unaoil employee who served as a confidential source for the FBI told investigators that Unaoil and Alamir bribed Libyan officials. Unaoil and Alamir deny they bribed anyone.

Alamir started working with the State Department in early 2012, less than three years after cutting ties with Unaoil. He provided Blue Mountain Group, the small British security firm that won the Benghazi guard contract, with the license it needed to legally operate in Libya.
[…]

Despite the damning internal review and seven prior congressional probes, House Republicans voted overwhelmingly in 2014 to establish a special committee to further investigate the 2012 attack. Two years and $7 million later, the committee released an 800-page report. Democrats dismissed it as a partisan attack on Clinton, by then their expected presidential nominee.

The report echoed earlier criticisms of security lapses, but revealed little substantive information about the contracting process that contributed to the problem. The Benghazi committee report mentioned Blue Mountain 12 times. Alamir, Eclipse and Xpand weren’t mentioned once.

 

#