@StateDG Perez Swears-In Career Diplomat Lynne Tracy as US Ambassador to Armenia

Posted: 3:52 am EST

 

On August 26, 2008 gunmen ambushed FSO Lynne Tracy’s vehicle in Peshawar, Pakistan, riddling the car with bullets. She survived the attack. Her Award for Heroism reads: “In recognition of your brave service as Principal Officer in Peshawar, Pakistan from September 2006 to August 2009. Despite a violent kidnapping attempt and threats against your life, you remained at this critical post to complete your mission with steadfast courage and gallant leadership.” See HRC Presents Heroism Award to Lynne Tracy

On February 19, she was sworn-in as the new Ambassador to the U.S. Embassy in Yerevan, Armenia.

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DHS/OIG Recommends Disciplinary Action For Ex-Deputy COS Christine Ciccone For Failure to Cooperate With State/OIG Review

Posted: 3:11 am EST

 

On February 13, 2019, Acting DHS/OIG John V. Kelly wrote a memo to DHS Secretary Kirstjen M. Nielsen concerning DHS Assistant Secretary for Legislative Affairs Christine Ciccone’s “failure to cooperate with Inspector General review.” Prior to moving to DHS, Ms. Ciccone served as deputy chief of staff to then Secretary of State Rex Tillerson (also see Tillerson’s Redesign Chief Leaves Office After Three Months, Meet the New Redesigner-in-ChiefRex Tillerson’s Inner Circle Photo Album, Say Cheese Con Quezo!

U.S. Secretary of State Rex Tillerson, joined by U.S. Senator Lisa Murkowski of Alaska, left, and Deputy Chief of Staff Christine Ciccone, prepare for a meeting with U.S./Alaska Permanent Participants to the Arctic Council in Fairbanks, Alaska, on May 10, 2017. [U.S. Air Force photo / Public Domain]

DHS/OIG Kelly also formally recommended that Secretary Nielsen “take appropriate disciplinary action against Ms. Ciccone for failing to cooperate with an Inspector General review.” Excerpt from memo:

Beginning in September 2018, our colleagues at the Department of State Office of Inspector General (State OIG) have been attempting to interview Ms. Ciccone. At the request of several congressional committees,1 State OIG is reviewing allegations of prohibited personnel practices that occurred while Ms. Ciccone was the State Department’s Deputy Chief of Staff. Ms. Ciccone is a key witness in State OIG’s review; however, she has been unwilling to schedule an interview despite repeated requests made to both her and her attorney over many months.
[…]
Pursuant to the Inspector General Act (IG Act), we have assisted State OIG in attempting to schedule an interview with Ms. Ciccone and have enlisted Acting Deputy Secretary Grady in our efforts. We very much appreciate the Deputy Secretary’s assistance and her instruction to Ms. Ciccone that she must participate in the interview. However, as of today, Ms. Ciconne has not scheduled a time to meet with State OIG staff. On Monday February 11, 2019, staff from State OIG, along with DHS OIG Deputy Inspector General Jennifer Costello, met with congressional staff to inform them of Ms. Ciccone’s failure to cooperate.
[…]
DHS has implemented the requirements of the Act in DHS Management Directive 0810.1, which in part states that DHS employees will be subject to disciplinary action if they refuse to provide documents or information or to answer questions posed by the OIG. Ms. Ciccone’s handling of this situation is not consistent with her obligations as an employee under this directive. Further, Ms. Ciccone’s refusal to comply with State OIG’s request for an interview sets a dangerous precedent contrary to the fundamental tenants of the IG Act, with the potential to undermine our critical oversight function. Therefore, I recommend that you take appropriate disciplinary action against Ms. Ciccone under Management Directive 0810.1.

The HFAC statement notes that this review relates to the “ongoing State Department Office of Inspector General review of allegations of politically-motivated retaliation against career State Department employees.”

The HFAC statement provides a background:

  • Multiple whistleblowers have contacted our Committees to call attention to allegations of politically-motivated personnel actions during Ms. Ciccone’s tenure as Deputy Chief of Staff at the State Department.  Chairman Cummings, Chairman Engel, and Ranking Member Menendez reported these practices to State OIG in multiple letters in 2018, as well as in letters to and hearings with Secretary of State Mike Pompeo.
  • State OIG opened a review of politically-motivated personnel practices in response to congressional requests.
  • During the pendency of the Inspector General’s review, Ms. Ciccone left the State Department to join the Department of Homeland Security as the Assistant Secretary for Legislative Affairs.  Though she left her position at the State Department, she remains in federal service and is obligated to cooperate with the Inspector General’s inquiry, per the terms of her home agency’s management directive requiring that all agency employees fully cooperate with OIG reviews.
  • On February 11, 2019, the House Foreign Affairs Committee, the House Oversight Committee, the Senate Foreign Relations Committee, and the Senate Homeland Security and Governmental Affairs Committee received a briefing from State OIG regarding Ms. Ciccone’s refusal to submit to State OIG’s interview requests.  State OIG stated that it was in possession of documentary evidence demonstrating Ms. Ciccone’s involvement in personnel actions against at least three career employees, but was unable to complete its review without Ms. Ciccone’s interview. State OIG noted that given her senior position, Ms. Ciccone’s refusal to submit to an interview was “unprecedented.”

According to the a DHS Directive, employees  will —

— be subject to criminal prosecution and disciplinary action, up to and including removal, for knowingly and willfully furnishing false or misleading information to investigating officials;

— be subject to disciplinary action for refusing to provide documents or information or to answer questions posed by investigating officials or to provide a signed sworn statement if requested by the OIG, unless questioned as the subject of an investigation that can lead to criminal prosecution.

What should be most interesting to see is how DHS and Congress will deal with this case. It would send a signal to the rest of the bureaucracy how serious they are in their support of government oversight, and whether or not there are real consequences for failure to cooperate with Inspector General reviews.

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@StateDG Carol Z. Perez Takes Office as @StateDept’s New Personnel Chief

Posted: 1:13 am EST

 

In addition to the State Department not having a Senate-confirmed Under Secretary for Management (the position that has been vacant now since the departure of Patrick F. Kennedy in January 2017 following Rex Tillerson’s arrival in Foggy Bottom),  it also did not have a Senate-confirmed Director General of the Foreign Service and Director of Human Resources since Ambassador Arnold A. Chacón departed this position in June 2017. No Senate-confirmed personnel chief for 19 months. Imagine that.

On February 1, 2019, Ambassador Carol Z. Perez officially took office as Director General of the Foreign Service and Director of Human Resources.

So the former dual-hatted Acting DGHR Bill Todd and Deputy Under Secretary for Management, where is he going?

Related posts:

EUR’s Wess Mitchell Quits, New Acting EUR A/S Millard Reportedly to Retire 2/22

Posted: 1:57 am EST

Big news last week was the soon to be departure of EUR’s Assistant Secretary Wess Mitchell who is leaving his post after some 15 months on the job. A/S Mitchell took office in October 2017 and is resigning from his appointment effective February 15. The State Department announced that the Principal Deputy Assistant Secretary (PDAS) Elisabeth Millard will serve as Acting A/S for the European and Eurasian Affairs. We’re not sure how long she will be in that acting capacity as we understand that her paperwork has been submitted to retire on February 22. The bureau appears to have six career DASes, two special envoys (one career, one noncareer), and one vacancy (Coordinator of U.S. Assistance to Europe and Eurasia  – is this a newly created position?). In any case, let us know when you know who will be the next Acting A/S.

U.S. Ambassador Bob Godec Says Farewell to Kenya After Six Years

Posted: 2:05 am EST

@StateDept to Venezuela’s Maduro: You can’t break up with U.S. or PNG our unpaid diplomats!

Posted: 2:44  am EST
Updated: 10:33 am PST headline.

 

On January 23, 2019, Venezuela President Nicholas Maduro break diplomatic relations with the United States. The U.S. diplomats in Venezuela were given  72 hours to leave the country. The announcement followed President Trump’s recognition of the President of the Venezuelan National Assembly Juan Guaido, as the Interim President of Venezuela. Later on January 23, the State Department issued a statement on the continuing U.S. presence in Venezuela, stating that it does not recognize the Maduro regime as the government of Venezuela nor does it recognize the legal authority of “former President Nicolas Maduro” to break diplomatic relations with the United States or to declare U.S. diplomats in the country persona non grata. The State Department statement also called on the Venezuelan military and security forces to “continue protecting the welfare and well being of all Venezuelan citizens, as well as U.S. and foreign citizens in Venezuela.” And that “the United States will take appropriate actions to hold accountable anyone who endangers the safety and security of our mission and its personnel.”

Perhaps popular support is with Juan Guaido as the Interim President of Venezuela, but the levers of power in government appears to remain with Maduro. And we doubt very much that Maduro will just step down quietly or peacefully just because the United States called on him to do so. In fact, he just called on the hardened and combatant people to be vigilant and to mobilized and defend the stability of the fatherland. “¡Ni golpismo, ni intervencionismo.”  No coups, no interventionism.

In a related note, Senator Rubio suggests on Twitter that U.S. diplomats present their credentials to the interim president. Diplomats typically present credentials through the ministry of foreign affairs. For now, it looks like on its website and on Twitter — @CancilleriaVE— that government arm is still squarely behind Maduro.

In the meantime, Embassy Caracas issued a Security Alert noting that visa services have been cancelled but that they are keeping normal business hours for U.S. citizen emergency services. The alert also indicates that “U.S. government personnel have been asked to keep their preschool and school aged children home from school on January 24.”

U.S. citizens are advised that protests may continue through the rest of the week. The U.S. Embassy will maintain normal business hours and will receive any U.S. citizens needing emergency services on January 24, 2019 from 8:00am to 3:00pm.  However, all visa appointments for January 24, 2019 have been cancelled. In addition, the movement of U.S. government personnel will be restricted to the following neighborhoods in Caracas: Valle Arriba and Santa Fe, as well as the Escuela Campo Alegre (ECA). U.S. government personnel have been asked to keep their preschool and school aged children home from school on January 24.

We understand that there are several dozens diplomats and family members in Caracas right now. Previous events indicate that in situations like this, there is typically an authorized or ordered departure, diplomatic terms for optional and mandatory evacuation of non-emergency personnel and family members. The goal is to minimize the footprint in country. Family members and non-emergency personnel gets an option to voluntarily depart first. As situation deteriorates, the State Department in the past declared posts/missions on “ordered departure” where leaving is mandatory for non-emergency personnel and almost always, for all family members.

Since the Embassy Alert has made reference to keeping preschool and school aged children home from school on January 24, we have a few questions:

#1. We understand that this recognition was not a surprise. We note that POTUS statement of recognition went up first, followed by VPOTUS video to Venezuelans, and the message of support later amplified by Secretary Pompeo. If so, why was there no authorized or ordered departure prior to the Trump Administration’s Guaido recognition announcement?

#2. Later on the 23rd, Secretary Pompeo released that statement about the continuing diplomatic presence in Venezuela. Again, if this was a well-thought out plan, why were non-emergency personnel and family members not ordered out of the country. Non-emergency personnel need not have to be there. Family members need not have to be there. So why are they there? A blog pal told us, I can’t think of a single good reason why they didn’t send families and non-emergency staff  out already”.  Well, we sort of can. Now that the State Department has declared the United States’ continuing presence in Venezuela after Maduro cut off diplomatic relations and ordered the departure of all diplomats,  it would look — bad/weak/take your pick — if the USG suddenly starts moving non-emergency personnel and family members out of the country. The thing is, they could have done all that earlier, but they did not. Why not? 

#3. Since Maduro appears to still hold power in the country, including military and security forces, the USG’s non-recognition of his government has consequences for our people on the ground. After 72 hours passes, what diplomatic protection is afforded U.S. diplomats who have been declared “not welcome” in their host country? One Maduro ally has reportedly already said that there will be “no prerogatives for U.S. diplomats.” What that means exactly, we’ll have three days to wait and see.

#4. Pompeo’s statement on continuing U.S. presence appears to be baiting Maduro, calling him a “former persident” with no authority in a country he still runs, and at the same time threatening appropriate actions to hold accountable anyone who endangers the safety and security of our mission and its personnel. So the United States will retaliate if Maduro or his people harm unpaid US-government workers and their families at the US Mission in Caracas. Oh, look who are lining up behind Nicolas Maduro!

#5. Also last one – a cornered animal is a dangerous one. And humans, the most dangerous of all.

And then this: Diosdado Cabello, President of the Constituent Assembly in Venezuela under Maduro reportedly says that there will be no prerogatives for U.S. diplomats. “Maybe the light goes in that sector, the gas doesn’t come,” said Cabello as “things that could happen” at the Americans.

White House Submits Some @StateDept/Related Agencies Re-nominations to the Senate

Posted: 4:52 am EST

Via WH, January 16, 2019

 

STATE DEPARTMENT

Brian J. Bulatao, of Texas, to be an Under Secretary of State (Management), vice Patrick Francis Kennedy.

David Schenker, of New Jersey, to be an Assistant Secretary of State (Near Eastern Affairs), vice Anne W. Patterson, resigned.

David Stilwell, of Hawaii, to be an Assistant Secretary of State (East Asian and Pacific Affairs), vice Daniel R. Russel.

Stephen Akard, of Indiana, to be Director of the Office of Foreign Missions, with the rank of Ambassador, vice Gentry O. Smith, resigned.

Marshall Billingslea, of Virginia, to be an Under Secretary of State (Civilian Security, Democracy, and Human Rights), vice Sarah Sewall, resigned.

R. Clarke Cooper, of Florida, to be an Assistant Secretary of State (Political-Military Affairs), vice Puneet Talwar, resigned.

Robert A. Destro, of Virginia, to be Assistant Secretary of State for Democracy, Human Rights, and Labor, vice Tomasz P. Malinowski.

Jeffrey L. Eberhardt, of Wisconsin, a Career Member of the Senior Executive Service, to be Special Representative of the President for Nuclear Nonproliferation, with the rank of Ambassador.

Ronald Mortensen, of Utah, to be an Assistant Secretary of State (Population, Refugees, and Migration), vice Anne Claire Richard.

Kimberly Breier, of Virginia, to be a Member of the Board of Directors of the Inter-American Foundation for a term expiring September 20, 2020, vice Adolfo A. Franco, term expired.

 

AMBASSADORS/POLITICAL

John P. Abizaid, of Nevada, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Saudi Arabia.

Lynda Blanchard, of Alabama, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Slovenia.

Joseph Cella, of Michigan, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Fiji, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Kiribati, the Republic of Nauru, the Kingdom of Tonga, and Tuvalu.

Edward F. Crawford, of Ohio, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Ireland.

David T. Fischer, of Michigan, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Morocco.

Kenneth S. George, of Texas, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Oriental Republic of Uruguay.

Jeffrey Ross Gunter, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iceland.

Kenneth A. Howery, of Texas, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Sweden.

Ronald Douglas Johnson, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of El Salvador.

Doug Manchester, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Commonwealth of The Bahamas.

Lana J. Marks, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of South Africa.

John Rakolta Jr., of Michigan, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the United Arab Emirates.

Leandro Rizzuto, of New Jersey, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Barbados, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federation of Saint Kitts and Nevis, Saint Lucia, Antigua and Barbuda, the Commonwealth of Dominica, Grenada, and Saint Vincent and the Grenadines.

Donald R. Tapia, of Arizona, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Jamaica.

Christine J. Toretti, of Pennsylvania, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Malta.

Adrian Zuckerman, of New Jersey, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Romania.

 

AMBASSADORS/CAREER

Kate Marie Byrnes, of Florida, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Macedonia.

Michael J. Fitzpatrick, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Ecuador.

W. Patrick Murphy, of Vermont, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Cambodia.

Daniel N. Rosenblum, of Maryland, a Career Member of the Senior Executive Service, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Uzbekistan.

Matthew H. Tueller, of Utah, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iraq.

Note: There appears to be three career diplomats on the Executive Calendar whose nominations have not been resubmitted to the Senate with this list (Robert K. Scott for Republic of Malawi; Francisco Luis Palmieri for Honduras, and Joseph E. Macmanus for Colombia). Also many more names that were pending in the SFRC last year that we expected to see renominated but as of this writing, the White House has not done so except for a couple nominees. It could just be a matter of time. We expected this list to come out the first week of January, and the names were only sent to the Senate on January 16. We’ll be in the look out for that other long list. 

USUN

Andrew P. Bremberg, of Virginia, to be Representative of the United States of America to the Office of the United Nations and Other International Organizations in Geneva, with the rank of Ambassador.

Kip Tom, of Indiana, for the rank of Ambassador during his tenure of service as U.S. Representative to the United Nations Agencies for Food and Agriculture.

BBG

Michael Pack, of Maryland, to be Chief Executive Officer of the Broadcasting Board of Governors for the term of three years.  (New Position)

USAID

John Barsa, of Florida, to be an Assistant Administrator of the United States Agency for International Development, vice Marcela Escobari.

Mina Chang, of Texas, to be an Assistant Administrator of the United States Agency for International Development, vice Jonathan Nicholas Stivers.

Richard C. Parker, of North Carolina, to be an Assistant Administrator of the United States Agency for International Development, vice T. Charles Cooper, resigned.

PEACE CORPS

Alan R. Swendiman, of North Carolina, to be Deputy Director of the Peace Corps, vice Carlos J. Torres.

 

EXPORT-IMPORT BANK

Spencer Bachus, III, of Alabama, to be Member of the Board of Directors of the Export-Import Bank of the United States for a term expiring January 20, 2023, vice Patricia M. Loui, term expired.

Claudia Slacik, of New York, to be a Member of the Board of Directors of the Export-Import Bank of the United States for a term expiring January 20, 2023, vice Sean Robert Mulvaney.

Kimberly A. Reed, of West Virginia, to be President of the Export-Import Bank of the United States for a term expiring January 20, 2021, vice Fred P. Hochberg, resigned.

OPIC

Irving Bailey, of Florida, to be a Member of the Board of Directors of the Overseas Private Investment Corporation for a term expiring December 17, 2021, vice Matthew Maxwell Taylor Kennedy, term expired.

Christopher P. Vincze, of Massachusetts, to be a Member of the Board of Directors of the Overseas Private Investment Corporation for a term expiring December 17, 2019, vice Todd A. Fisher, term expired.

MCC

Alexander Crenshaw, of Florida, to be a Member of the Board of Directors of the Millennium Challenge Corporation for a term of three years, vice Mark Green, term expired.

George M. Marcus, of California, to be a Member of the Board of Directors of the Millennium Challenge Corporation for a term of three years, vice Morton H. Halperin, term expired.

WHO: Brett P. Giroir, of Texas, to be Representative of the United States on the Executive Board of the World Health Organization, vice Thomas Frieden.

IMF: Mark Rosen, of Connecticut, to be United States Executive Director of the International Monetary Fund for a term of two years, vice Margrethe Lundsager, resigned.

OSCE: James S. Gilmore, of Virginia, to be U.S. Representative to the Organization for Security and Cooperation in Europe, with the rank of Ambassador.

OSCD: Pamela Bates, of Virginia, to be Representative of the United States of America to the Organization for Economic Cooperation and Development, with the rank of Ambassador.

 

 

 

 

 

 

115th Congress Final Day: Some Senate Confirmations

On January 2, the final day of the 15th Congress, the U.S. Senate did one mass confirmation of State Department, USAID and UN nominees. We’re going by the names tweeted by the Senate Cloakroom on Jan. 2 as there does not yet appear to be a list of the confirmed nominees. We previously posted the names pending on the Executive Calendar waiting for full Senate votes, see our post: Yo Wanna Spank Schumer But Not @Senatemajldr McConnell For Non-Confirmation of Ambassadors? Very Unfair!

All career ambassador nominees, with four exceptions, were confirmed. For political ambassador nominations, only two out of seven were confirmed (Australia and Kenya made it through). Two USAID and one UNFAO nominees also did not get their full Senate votes.

Based on that Executive Calendar list, we note that the following names were not/not included in the mass confirmation tweeted by @SenateCloakroom. Sometime tomorrow or the next day, we expect that these names, as well as those pending on the SFRC will be returned to the White House per Senate Rule. Most of the nominations that did not get a Senate vote today, and those pending in committee will most probably be renominated by the President within the next few days. We will have a separate posts if/when these nominees are renominated.

DEPARTMENT OF STATE
Stephen Akard, of Indiana, to be Director of the Office of Foreign Missions, with the rank of Ambassador, vice Gentry O. Smith, resigned.

AMBASSADORS (CAREER)
Robert K. Scott, of Maryland, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Malawi.

Francisco Luis Palmieri, of Connecticut, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Honduras

Daniel N. Rosenblum, of Maryland, a Career Member of the Senior Executive Service, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Uzbekistan

Joseph E. Macmanus, of New York, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Colombia.

AMBASSADORS (POLITICAL)
Jeffrey Ross Gunter, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iceland.

Lynda Blanchard, of Alabama, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Slovenia

Donald R. Tapia, of Arizona, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Jamaica.

Joseph Cella, of Michigan, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Fiji, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Kiribati, the Republic of Nauru, the Kingdom of Tonga, and Tuvalu.

Kenneth S. George, of Texas, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Oriental Republic of Uruguay.

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Visa for Yemeni mother with dying son: Why does it take a public outcry?

Via state.gov, Daily (not-daily, now dubbed Department) Press Briefing with Deputy Spox Palladino:

QUESTION: I want to ask you just briefly – and I know you won’t be able to say a lot – but about this woman, this Yemeni woman who was trying to get here to see her dying son out on the west coast. I understand visa records are confidential, but my question about this is: Why does it always seem to take a public outcry for you guys to do what a lot of people think is the right thing, the humanitarian thing to do?

MR PALLADINO: What I’d say, Matt, is – I mean, I’ve read these reports, and it is a very sad case, and our thoughts go out to this family in this time, this trying time. But I would also add we – that we are governed by the Immigration and Nationality Act, and visa records are confidential. For the latest, they could share information as they see fit, and that’s not something that we’re going to be able to do here from the State Department.

QUESTION: No, I’m not asking you – I’m not – we know what the – that the decision has been made and that she has gotten a waiver, at least according to the family’s lawyers. My question is: Why does it always seem to be – and this is not just this administration. This goes back previous administrations as well, is that in cases like this, it always seems that you guys don’t do what most people think would be the right and humane and humanitarian thing to do until there’s a public outcry about it. What is it about the visa process that makes it so harsh when it comes to situations like this?

MR PALLADINO: These are decided on a case-by-case basis, and we are committed to following United States administration law and ensuring the integrity and security of our country’s borders, and at the same time making every effort to facilitate legitimate travel to the United States. These are not easy questions. These are – we’ve got a lot of Foreign Service officers deployed all over the world that are making these decisions on a daily basis, and they’re trying very hard to do the right thing at all times. 

Pompeo Convenes ARB Guadalajara For Jan 2017 Attack on USG Employee

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? 

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