EUR/DAS George Kent Returns to Ukraine as Chargé d’Affaires

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We could not locate the announcement but EUR DAS (and Trump Impeachment witness) George Kent is back in Ukraine as Chargé d’Affaires at the US Embassy in Kyiv.  Kent has served as Deputy Assistant Secretary in the European and Eurasian Bureau overseeing policy towards Ukraine, Moldova, Belarus, Georgia, Armenia, and Azerbaijan since September 2018. He was also Deputy Chief of Mission in Kyiv from 2015-18.
As of July 12, he is back in Ukraine as CDA per tweet from US Embassy Kyiv. Until recently, Embassy Kyiv’s Chargé d’Affaires, a.i. was Kristina A. Kvien. She is still listed as CDA on embassy’s website as of this writing. This is a tad confusing, unconfuse us, please.
Embassy Kyiv has a new DCM who previously served at post as political counselor.  Alan Purcell became Deputy Chief of Mission at the U.S. Embassy in Ukraine in May 2021. A career Foreign Service Officer, he served most recently as Acting Consul General in Hamilton, Bermuda, from January to May 2021. He was acting DAS at the Bureau of Democracy, Human Rights, and Labor prior to his stint in Bermuda.

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Ex-Ambo Gordon Sonland Sues Ex-SecState Pompeo, U.S. for $1.8M Impeachment Bills #Popcorn

13 Going on 14 — GFM: https://gofund.me/32671a27

 

 

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Trump Ousts Impeachment Witnesses, Amb. Gordon Sondland, Lt. Col. Alexander Vindman, Plus Brother Yevgeny Vindman

 

Pompeo Helpfully Highlights Lisa Simpson’s Cesspool on the Potomac

OH. MY.
“The city of Washington was built on a stagnant swamp some 200 years ago, and very little has changed. It stank then, and it stinks now. Only today, it is the fetid stench of corruption that hangs in the air. And who did I see taking a bribe but the “Honorable” Bob Arnold! Don’t worry, Congressman, I’m sure you can buy all the votes you need with your dirty money! And this will be one nation, under the dollar, with liberty and justice for none.” – Lisa Simpson
See the longer snippet here in Mr. Lisa Goes to Washington.

 

BONUS item:

World’s Greatest Debilitative Body Votes Acquittal in Best Show Category

 

 

Impeachment Open Hearings Week #1: William Taylor, George Kent, Marie Yovanovitch

Updated: Nov 13, 2019
Updated: Nov 15, 2019

The House Intelligence Committee  Chairman Adam Schiff announced the first open hearings this week:

Wednesday, November 13, 2019 10:00 am ET

WHERE: Longworth House Office Building, Room 110
WATCH: Link: https://www.youtube.com/watch?v=LrL2q91fnnQ&feature=youtu.be
Witnesses:
  • Ambassador William Taylor
    Chargé D’affaires, US Embassy Kyiv, Ukraine
  • Deputy Assistant Secretary George Kent
    Deputy Assistant Secretary in the European and Eurasian Bureau at the U.S. Department of State.

Friday, November 15, 2019 9:00am ET

Ambassador Marie “Masha” Yovanovitch
US Ambassador to Ukraine (2016-May 2019)
WHERE: Longworth House Office Building, Room 1100
WATCH: Link: https://www.youtube.com/watch?v=sPoc_sj1hgQ

 

WaPo Editorial Board: Pompeo is enabling the destruction of U.S. diplomacy

 

Via WaPo Editorial Board:

Mr. Pompeo listened on July 25 while Mr. Trump pressed Ukrainian President Volodymyr Zelensky to investigate that theory as well as the false story that Mr. Biden sought the removal of a Ukrainian prosecutor to protect his son. He listened while Mr. Trump slandered the former U.S. ambassador to Ukraine, Marie Yovanovitch — a dedicated Foreign Service professional — whose tour in Kiev Mr. Pompeo had cut short.
[…]
Mr. Pompeo’s claim that the conversation was “in the context” of long-standing U.S. policy is demonstrably false.

So, too, was Mr. Pompeo’s assertion that a request by House committees for depositions from Ms. Yovanovitch and other State Department officials was improper. Mr. Pompeo claimed the committees had not followed proper procedure or given the officials enough time to prepare. He insisted that State Department lawyers must be present at all depositions to prevent the disclosure of “privileged information.” The House committee chairmen correctly interpreted this bluster: Mr. Pompeo, they said, was “intimidating Department witnesses in order to protect himself and the President.”

Fortunately, one of those witnesses, former special envoy to Ukraine Kurt D. Volker, is due to testify on Thursday, and Ms. Yovanovitch has reportedly been scheduled for next week. They and other State Department professionals should not hesitate to tell Congress the truth about how Mr. Pompeo enabled the destruction of U.S. diplomacy.

Give this guy the “One Team” Award!

116th Congress Regulations for the Use of Deposition Authority and 3 FAM 4170/10 FAM 130

The long-standing governing guidelines at the State Department for public speaking, teaching, writing, and  media engagement is 3 FAM 4170. The provisions of this subchapter apply to all public communications as defined in 3 FAM 4173, such as speaking, teaching, writing, and press/media engagement, including that prepared for electronic dissemination in an employee’s official capacity, or in an employee’s personal capacity if on a topic “of Departmental concern,” as defined in 3 FAM 4173. This subchapter makes no exceptions for special government employees (SGEs).
The most recent update for this subchapter was in March 2017 and it says in part:

The provisions of this subchapter are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by statute or executive order relating to: (1)  Classified information; (2)  Communications to Congress; (3)  Reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; or (4)  Any other whistleblower protection.

3 FAM 4170 Overview notes:

The personal capacity public communications review requirement is intended to serve three purposes: to determine whether the communication would disclose classified or other protected information without authorization; to allow the Department to prepare to handle any potential ramifications for its mission or employees that could result from the proposed public communication; or, in rare cases, to identify public communications that are highly likely to result in serious adverse consequences to the mission or efficiency of the Department, such that the Secretary or Deputy Secretary must be afforded the opportunity to decide whether it is necessary to prohibit the communication (see 3 FAM 4176.4)

On March 14, 2019, the State Department also updated 10 FAM 130 REMARKS AND WRITINGS FOR THE MEDIA AND GENERAL PUBLIC.  This subchapter defines “official” as public remarks including speeches, congressional testimony, press statements, and remarks prepared for photo opportunities.
This subchapter’s policy also says that “Official appearances before the media or general public to give formal interviews, speeches, or remarks must be cleared with the Assistant Secretary for Public Affairs.  See 10 FAM 131.4.  See also 3 FAM 4174.2 and 3 FAM 4174.3.” And it says that “former employees remain obligated by law not to disclose classified information, and certain employees may be bound by nondisclosure agreements.  See also 3 FAM 4174.2 paragraph d.”
On the matter of noncompliance, last updated in July 2015 per 3 FAM 4177:  “Failure to follow the provisions of this subchapter, including failure to seek advance reviews where required, may result in disciplinary or other administrative action up to and including separation. … Publication or dissemination of classified or other protected information may result in disciplinary action, criminal prosecution and/or civil liability.
We dug this up due to the forthcoming depositions by State Department officials in the coming days. In one hand, the FAM says that 3 FAM 4170 is consistent and do not supersede, or conflict with an employee’s obligation related to communication with Congress, and yet 10 FAM 130 updated in March 2019, a couple of months after congressional rules on depositions was adopted, specifically notes that congressional testimony is considered “official” remarks and require clearance. Somebody would have to sort this out very soon. Or we’ll know soon enough.
The first depositions in the Impeachment Inquiry will start tomorrow with the scheduled appearance of former U.S. Special Representative for Ukraine Negotiations Kurt Volker (described by NBC News as an “unpaid volunteer” and reportedly classified as a “Special Government Employee”).  Given that he is only the first to be deposed and we expect there will be many more before this is over, we thought we’d also dig up the rules for depositions in the 116th Congress.
Per section 103(a)(2) of House Resolution 6, 116th Congress, the following regulations regarding the conduct of depositions by committee and select committee counsel was printed in the Congressional Record on January 25, 2019. The Congressional Record version is available to read here, and in PDF file here. Perhaps most notable here is #3 regarding the presence of USG observers or counsels during depositions.
This is probably not a bad time to remind folks why Professional Liability Insurance is needed. Read here and here.

1. Notices for the taking of depositions shall specify the date, time, and place of examination. Depositions shall be taken under oath administered by a member or a person otherwise authorized to administer oaths. Depositions may continue from day to day.

2. Consultation with the ranking minority member shall include three days’ notice before any deposition is taken. All members of the committee shall also receive three days written notice that a deposition will be taken, except in exigent circumstances. For purposes of these procedures, a day shall not include Saturdays, Sundays, or legal holidays except when the House is in session on such a day.

3. Witnesses may be accompanied at a deposition by personal, nongovernmental counsel to advise them of their rights. Only members, committee staff designated by the chair or ranking minority member, an official reporter, the witness, and the witness’s counsel are permitted to attend. Observers or counsel for other persons, including counsel for government agencies, may not attend.

4. The chair of the committee noticing the deposition may designate that deposition as part of a joint investigation between committees, and in that case, provide notice to the members of the committees. If such a designation is made, the chair and ranking minority member of the additional committee(s) may designate committee staff to attend pursuant to regulation 3. Members and designated staff of the committees may attend and ask questions as set forth below.

5. A deposition shall be conducted by any member or committee counsel designated by the chair or ranking minority member of the Committee that noticed the deposition. When depositions are conducted by committee counsel, there shall be no more than two committee counsel permitted to question a witness per round. One of the committee counsel shall be designated by the chair and the other by the ranking minority member per round.

6. Deposition questions shall be propounded in rounds. The length of each round shall not exceed 60 minutes per side, and shall provide equal time to the majority and the minority. In each round, the member(s) or committee counsel designated by the chair shall ask questions first, and the member(s) or committee counsel designated by the ranking minority member shall ask questions second.

7.  Objections must be stated concisely and in a non-argumentative and non-suggestive manner. A witness’s counsel may not instruct a witness to refuse to answer a question, except to preserve a privilege. In the event of professional, ethical, or other misconduct by the witness’s counsel during the deposition, the Committee may take any appropriate disciplinary action. The witness may refuse to answer a question only to preserve a privilege. When the witness has refused to answer a question to preserve a privilege, members or staff may (i) proceed with the deposition, or (ii) either at that time or at a subsequent time, seek a ruling from the Chair either by telephone or otherwise. If the Chair overrules any such objection and thereby orders a witness to answer any question to which an objection was lodged, the witness shall be ordered to answer. If a member of the committee chooses to appeal the ruling of the chair, such appeal must be made within three days, in writing, and shall be preserved for committee consideration. The Committee’s ruling on appeal shall be filed with the clerk of the Committee and shall be provided to the members and witness no less than three days before the reconvened deposition. A deponent who refuses to answer a question after being directed to answer by the chair may be subject to sanction, except that no sanctions may be imposed if the ruling of the chair is reversed by the committee on appeal.

8. The Committee chair shall ensure that the testimony is either transcribed or electronically recorded or both. If a witness’s testimony is transcribed, the witness or the witness’s counsel shall be afforded an opportunity to review a copy. No later than five days after the witness has been notified of the opportunity to review the transcript, the witness may submit suggested changes to the chair. Committee staff may make any typographical and technical changes. Substantive changes, modifications, clarifications, or amendments to the deposition transcript submitted by the witness must be accompanied by a letter signed by the witness requesting the changes and a statement of the witness’s reasons for each proposed change. Any substantive changes, modifications, clarifications, or amendments shall be included as an appendix to the transcript conditioned upon the witness signing the transcript.

9. The individual administering the oath, if other than a member, shall certify on the transcript that the witness was duly sworn. The transcriber shall certify that the transcript is a true record of the testimony, and the transcript shall be filed, together with any electronic recording, with the clerk of the committee in Washington, DC. Depositions shall be considered to have been taken in Washington, DC, as well as the location actually taken once filed there with the clerk of the committee for the committee’s use. The chair and the ranking minority member shall be provided with a copy of the transcripts of the deposition at the same time.

10. The chair and ranking minority member shall consult regarding the release of deposition testimony, transcripts, or recordings, and portions thereof. If either objects in writing to a proposed release of a deposition testimony, transcript, or recording, or a portion thereof, the matter  shall be promptly referred to the committee for resolution.

11. A witness shall not be required to testify unless the witness has been provided with a copy of section 103(a) of H.Res. 6, 116th Congress, and these regulations.

 

WSJ Says Pompeo Took Part in #July25 Ukraine Call, Let’s Recall 100% His Sept 22 Interviews

 

 

Trump’s Special Representative For Ukraine Negotiations Kurt Volker Steps Down

 

Shortly after news broke last Friday of House Committees issuing subpoenas for State Department documents on Ukraine and a scheduled depositions for five state Department officials, news also broke on the resignation of the U.S. Special Representative for Ukraine Negotiations Kurt Volker.  Ambassador Volker was a career diplomat from 1988-2009. It appears he left the Foreign Service  in 2009 following his stint as U.S. Ambassador to NATO.
Kurt Douglas Volker was born on December 27, 1964 (age 54) in Pennsylvania. His NNDB profile notes that he was an analyst for the CIA from 1986-88. He joined the State Department in 1988. (By the way, in June this year, he married Voice of America journalist and Georgia native Iya Meurmishvili). 

August 11, 1988: His name appears on congress.gov (PN1205 — 100th Congress (1987-1988) on his appointment to be “to be Consular Officers and/or Secretaries in the Diplomatic Service of the United States of America, as indicated: Consular Officers and Secretaries in the Diplomatic Service of the United States of America” on August 11, 1988.

1988-1994: ???.

On June 28, 1991: He was “Confirmed by the Senate by Unanimous Consent” for his appointment “as Foreign Service Officers of Class Four, Consular Officers and Secretaries in the Diplomatic Service of the United States of America (PN433 — 102nd Congress (1991-1992).

His archived state.gov biography did not indicate where he served his first posts only that “his prior Foreign Service assignments include Budapest, London, and several positions in the U.S. Department of State.” His Wikipedia bio includes service in Budapest, London and Brussels and places these assignment in the 1994–1997 bracket. This could mean a one 2-year assignment at one post, and then two other single year assignments at two posts. Junior officers typically serve 2-year assignments for their first two tours.

1994-1997: Budapest, London, Brussels, State Department ???

1997-1998: He was a State Department Legislative Fellow in the U.S. Senate from 1997-1998, working on foreign policy matters for Senator John McCain

1998-1999: He was First Secretary at the U.S. Mission to NATO responsible for the Membership Action Plan and Partnership for Peace issues according to his USNATO bio.

1999-2001: He was Deputy Director of the Private Office of then-NATO Secretary General Lord Robertson.

2001-2005?:  He was Acting Senior Director for European and Eurasian Affairs at the National Security Council (NSC); He served at the NSC for four years, working as Director for NATO and West Europe according to his USNATO bio. If these are the correct years of his tenure at the NSC, it would have overlapped with Condi Rice’s tenure as National Security Advisor prior to her appointment as Secretary of State.

July 2005-June 2008: He was appointed Principal Deputy Assistant Secretary for European and Eurasian Affairs (State/EUR).

January 10, 2008: President George W. Bush announced his intent to nominate Volker  as Permanent Representative to USNATO.

April 29, 2008: Volker was  confirmed by the Senate by Voice Vote to be USNATO Permanent Representative (PN1179 — Kurt Douglas Volker — Department of State 110th Congress (2007-2008):

“Kurt Douglas Volker, of Pennsylvania, a Career Foreign Service Officer of Class One, to be United States Permanent Representative on the Council of the North Atlantic Treaty Organization, with the rank and status of Ambassador Extraordinary and Plenipotentiary”

October 2, 2008: Volker was confirmed by the Senate by Voice Vote for “promotion into the Senior Foreign Service, as indicated: Career Members of the Senior Foreign Service of the United States of America, Class of Counselor” (PN2000 — 110th Congress (2007-2008). 

May 2, 2008-May 15, 2009: History.state.gov indicates that Ambassador Volker served as U.S. Permanent Representative on the Council of the North Atlantic Treaty Organization (USNATO) from May 2, 2008 – May 15, 2009. Typical tours for career appointees is three years.

2009? Resignation/Retirement from the U.S. Foreign Service? His Wikipedia entry only says that “Volker went into the private sector in 2009 …” We have not been able to find any entry for him on  congress.gov after 2008.

December 18, 2009: Ambassador Volker was appointed as Independent Director of the Wall Street Fund, Inc.

May 24, 2012: He was named Executive Director of Arizona State University’s McCain Institute for International Leadership.

July 7, 2017: Tillerson Appointed Volker as Special Representative For Ukraine Negotiations . At the time of his appointment, Volker had been out of the State Department for several years. We don’t know how Tillerson picked him as special rep for Ukraine. But they had one shared connection — with the former secretary of state. CNN previously reported that Condi Rice was one of the Republican foreign policy veterans who “played a crucial role in convincing Trump’s team to select Tillerson to become America’s top diplomat.” Did Rice recommend Volker to Tillerson?

September 27, 2019: Volker resigned from post as Special Representative