Pompeo’s ‘Diplomacy Weak’ Update: US Alone at the UNSC For All the World to See

Dominican Republic Gets a Pompeo Visit After Failed UN Vote

 

@StateDept Skirts Thresholds in Arms Transfers to Saudi Arabia and UAE, Avoids Congressional Notifications

 

On August 10, a Senior State Department official held an on-background briefing on State/OIG’s  still unreleased report of the May 2019 Emergency Certification for Arms Sales to Saudi Arabia, UAE, and Jordan.
The State Department also released a statement Inspector General Confirms No Wrongdoing in Emergency Arms Sales to Counter Iran, The Secretary’s “Emergency Certification Was Properly Executed” and “Complied with the Requirements” of Law.
The cover memo to Pol-Mil that accompanied the IG report dated August 10 says that “OIG will distribute a copy of this report to Congress and post a redacted version of this report on OIG’s public website within 2 business days.” Then the agency basically Bill Barred the IG report, putting a fine spin on the IG report, most likely expecting a couple of days of most favorable headlines.
State/OIG posted the report online on Tuesday, August 11. But nice try by Foggy Bottom’s spin-doctors. Now folks got to read the actual report though a redacted one. The IG report says that “In a memorandum dated July 27, 2020, the Department asserted that its requested redactions were necessary to protect executive branch confidentiality interests and, further, stated its position that the Secretary “has the authority to direct the OIG not to disclose privileged information, and the Department may do so without any final assertion of executive privilege.”
Well, not only redactions from the public report, but a more extensive redactions from the classified report that they also want to withhold from the Congress:

“On August 5, 2020, the Department provided its redactions to OIG’s report. Although the Department withheld relatively little information in the unclassified portion of the report,4 it withheld significant information in the classified annex necessary to understand OIG’s finding and recommendation.”
[…]
“Department asserted that the redactions made to the classified annex should be withheld from Congress because the underlying information implicates “executive branch confidentiality interests, including executive privilege.”

But see, if the State Department could assert any redaction for State/OIG’s work products, including in the classified annex to be withheld from Congress, what’s to keep Pompeo from asserting the same thing over IG investigations related to him, his wife, or any other senior officials?
It’s high time for the Council of the Inspectors General on Integrity and Efficiency (CIGIE) to go in and take a look at the State Department given the circumstances of the Linick firing, the abrupt resignations of the acting State OIG, as well as the dismissal of other IGs in multiple agencies. Starting with the State Department, CIGIE can then “address the integrity, economy, and effectiveness issues that transcend individual Government agencies.”
Summary of Review of Arms Transfers

“In response to congressional requests, OIG reviewed the Department of State’s (Department) role in arms transfers to the Kingdom of Saudi Arabia and the United Arab Emirates following the Secretary’s May 2019 certification that an emergency existed under Section 36 of the Arms Export Control Act (AECA). 2 The Secretary’s emergency certification3 waived congressional review requirements for 22 arms transfer cases to the Kingdom of Saudi Arabia, the United Arab Emirates, and the Hashemite Kingdom of Jordan,4 with a total value of approximately $8.1 billion. Congress had previously placed holds5 on 15 of the 22 arms transfer cases included in the May 2019 emergency certification. At the time the Secretary certified the emergency, 6 of the 15 cases had been held by Congress for more than a year. The held cases included at least $3.8 billion in precision-guided munitions (PGMs) 6 and related transfers. In explaining the decision to place the holds, members of Congress cited concerns about the actions of the Saudi-led Coalition (Coalition)7 in Yemen since 2015, including high rates of civilian casualties caused by Coalition airstrikes employing U.S.- supplied PGMs.

For this review, OIG examined the process and timeline associated with the Secretary’s May 2019 use of emergency authorities contained in the AECA. OIG also evaluated the Department’s implementation of measures designed to reduce the risk of civilian harm caused by Saudi-led Coalition military operations in Yemen and analyzed Department processes for reviewing arms transfers that do not require notification to Congress. 8 The AECA affords the President or Secretary considerable discretion in determining what constitutes an emergency. Moreover, the AECA does not define the term “emergency.” Accordingly, OIG did not evaluate whether the Iranian malign threats cited in the Secretary’s May 2019 certification and associated memorandum of justification constituted an emergency, nor did OIG make any assessment of the policy decisions underlying the arms transfers and the associated emergency.

OIG determined that the Secretary’s emergency certification was executed in accordance with the requirements of the AECA. However, OIG also found that the Department did not fully assess risks and implement mitigation measures to reduce civilian casualties and legal concerns associated with the transfer of PGMs included in the May 2019 emergency certification.9 In addition, OIG found the Department regularly approved arms transfers to Saudi Arabia and the United Arab Emirates that fell below AECA thresholds that trigger notification to Congress. These approvals included items such as PGM components on which Congress had placed holds in cases where the transfers reached the thresholds requiring congressional notification. However, the AECA does not require the Department to notify Congress if it approves transactions below those thresholds specified in the law. OIG issued one recommendation to the Department in a classified annex10 that accompanies this report.”

Wait, the “emergency certification was executed in accordance with the requirements of the AECA” but the OIG made no evaluation whether it was an emergency?  So, that’s something. Was this the same position taken by the former IG Steve Linick?
Per footnote:

Sections 36(b)(1), 36(c)(1), and 36(d)(1) of the Arms Export Control Act (22 U.S.C. § 2776) specify the types of arms transfers that must be notified to Congress. For example, transfers to countries other than NATO members, Japan, Australia, the Republic of Korea, Israel, or New Zealand of major defense equipment in excess of $14 million and non-major defense equipment in excess of $50 million must be notified to Congress.

4,221 Below-Threshold Arms Transfers Estimated at $11.2 Billion

OIG reviewed Department records on approved arms transfer cases involving Saudi Arabia and the United Arab Emirates that fell below the AECA thresholds that trigger notification to Congress.41 The records show the Department approved a total of 4,221 below-threshold arms transfers involving Saudi Arabia and the United Arab Emirates, with an estimated total value of $11.2 billion since January 2017. Components of PGMs were among the below-threshold transfers to Saudi Arabia and the United Arab Emirates approved during this period. Although the Department approved below-threshold transfers of PGM components as early as January 2017, the Under Secretary for Arms Control and International Security notified the Secretary in 2018 and 2019 that the Department intended to proceed with additional below-threshold approvals notwithstanding congressional holds on larger, above-threshold transfers of similar items.

So basically, the State Department did separate below threshold arms transfers to Saudi Arabia and UAE and avoided the required congressional notifications. Apparently, it will continue to do so despite congressional holds on similar items.
Looks like the State Department is daring Congress to do something about this. Here’s Pompeo also touting full “vindication.”

Also on August 11, Politico’s tireless reporter Nahal Toosi covering the State Department published a copy of the same OIG report, unredacted.
The unredacted document is posted here labeled in red “FOR INTERNAL U.S. GOVERNMENT/COMMITTEE USE ONLY – NOT FOR PUBLIC RELEASE MAY NOT BE FURTHER DISCLOSED WITHOUT CONSENT OF THE DEPARTMENT OF STATE.  Wow! Now you can see which part of the public report, the State Department asserted the public should not see (it has to do with the timeline of the emergency declaration and the bureau involved. And oh, money, money, money).

Maximum Pressure Season 3 Gets a Dual-Hatted Special Rep Elliot Abrams For Venezuela AND Iran

Pompeo’s remarks on the departure of Brian Hooks says that “he has achieved historic results countering the Iranian regime.” Historic results  does not mean successful, does it? Why else would they need Elliot Abrams to be the new Special Representative for Iran?  Or the former Iran Rep has done such a historic job his replacement only needs to do the job at half time, as Abrams spend the other half exerting maximum pressure on Venezuela?
What the bananas is even happening?
State Department bench these days must be really thin, why else would these senior diplomats be doing two-three jobs at any given time? But perhaps it’s not State that has a thin bench but Pompeo’s in group that has a thin bench. And with folks bailing out these days (Akard, Hook, who else?), how soon before Foggy Bottom’s upper echelon starts looking like a ghost town?
Pardon me? Not soon enough? Well, okay, let’s keep our ears to the ground.
It’s that time of year when burrowing feds come into fashion. In 2016, Republicans on the House Oversight and Government Reform Committee were excited to ferret out political appointees who slip into career positions in the federal government. They must be just as excited now.
Related posts:

#UnitedAgainstCoronavirus: “A Defining Moment For the Global Community” (Without the United States)

 

 

4/22 Proclamation Suspends Entry of Immigrants For 60 Days; @StateDept Already Suspended Routine Visa Services on 3/18

 

 

State/CA released this on April 23, 2020: Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

On Wednesday, April 22, President Trump signed a proclamation suspending entry into the United States of certain immigrants who present risk to the U.S. labor market during the economic recovery following the COVID-19 outbreak.  The proclamation is effective at 11:59 p.m. EDT on Thursday, April 23 and expires in 60 days, unless continued by the President.  

U.S. citizens, lawful permanent residents, and those holding valid immigrant visas on the effective date of the Proclamation, are not subject to the proclamation.  The Proclamation is not retroactive. No valid visas will be revoked under this Proclamation.  The proclamation provides exceptions to its restrictions for certain categories of immigrants, including: certain healthcare professionals, aliens seeking to enter the United States pursuant to an EB-5 investor visa, spouses and children (categories IR2, CR2, IR3, IH3, IR4, IH4) of U.S. citizens, members of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces, and aliens seeking to enter the United States pursuant to an Afghan and Iraqi Special Immigrant Visa.  Please refer to the proclamation for a full list of exceptions.   Routine visas services have been suspended at U.S. posts worldwide, but as resources allow, embassies and consulates will continue to provide emergency and mission critical visa services for applicants who are not subject to this presidential proclamation. 

The full text of the presidential proclamation is available on the White House website at:  

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

See immigrant visa categories here.
Per Sec 2.(b)  of the Proclamation.
The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees;  and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;

(iii)   any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;

(iv)    any alien who is the spouse of a United States citizen;

(v)     any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

(vi)    any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(vii)   any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;

(viii)  any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or

(ix)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Note that the  State Department already suspended routine visa services in most countries on March 18, 2020.

If your routine visa services are still open during this pandemic, please tell us why (Updated)

Hungary’s Orbán Wins Vote to Rule by Decree, @StateDept Issues Weak Sauce Statement 36+ Hours Later

 

 

Trump Announces Travel Ban For Travelers From Schengen Area (26 European Countries) Over COVID-19

Via WH:
“The World Health Organization has determined that multiple countries within the Schengen Area are experiencing sustained person-to-person transmission of SARS-CoV-2.  For purposes of this proclamation, the Schengen Area comprises 26 European states: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.  The Schengen Area currently has the largest number of confirmed COVID-19 cases outside of the People’s Republic of China.  As of March 11, 2020, the number of cases in the 26 Schengen Area countries is 17,442, with 711 deaths, and shows high continuous growth in infection rates.  In total, as of March 9, 2020, the Schengen Area has exported 201 COVID-19 cases to 53 countries.  Moreover, the free flow of people between the Schengen Area countries makes the task of managing the spread of the virus difficult.”
This proclamation is effective at 11:59 p.m. eastern daylight time on March 13, 2020.  This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on March 13, 2020.
The travel restriction is for “The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.”
Click here for the scope of suspension and long list of  limitations of entry.

US-Taliban Inks Deal, Afghanistan Bolts Over Prisoners Release, Taliban Attacks Resume #72Hours

 

 

NOTE: Right hand photo below is posted on state.gov’s Flickr account here but Taliban negotiator Stanikzai was not identified. Caption only says “Secretary of State Michael R. Pompeo participates in a signing ceremony in Doha, Qatar, on February 29, 2020. [State Department photo by Ron Przysucha/ Public Domain]”.

 

@StateDept Recalls Ambassador Daniel Foote From Zambia in Lame Response #TitNoTat

 

This is a follow-up to our post in early December (see US Embassy Zambia: Threats Against Amb. Daniel Foote For Comments on Harsh Sentencing of Gay Couple). The recall of Ambassador Daniel Foote from the U.S. Embassy in Zambia occurred late last month.
The State Department released a brief statement (see below) and the Assistant Secretary for African Affairs Tibor Nagy issued a tweet saying, “Dismayed by the Zambian government’s decision requiring our Ambassador Daniel Foote’s departure from the country.” Martin “Marty” Dale, a career member of the Foreign Service, is currently listed as Deputy Chief of Mission at the U.S. Embassy in Lusaka on its website; no CDA is identified as of this writing.
So they’re all dismayed, huh? If the State Department considered the Zambian Government’s statement on Ambassador Foote as equivalent of a declaration of “persona non grata” why have they not asked the Zambian Ambassador in Washington D.C. to leave in the spirit of reciprocity?
The State Department’s action so loud, we could barely hear what they’re saying. Perhaps the State Department should have a new recruitment flyer:
See the world, join the State Department
And watch your back!

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