Nauert Withdraws, UN Ambassador Post Available Again, Hurry!

Posted: 12:30 am EST

 

We’re late on this but apparently, Heather Nauert who was publicly announced as nominee to be the next U.N. Ambassador has withdrawn herself from consideration citing “the past two months” as “grueling” for her family. Her statement released with the State Department announcement on February 16 says that “it is in the best interest” of her family to withdraw.

Bloomberg News says “Trump’s pick for UN ambassador had employed a nanny who was in US legally but didn’t have a US work permit.”

Wait. When was this nanny hired? The spokesperson job does not require senate confirmation but like almost all jobs at the State Department, it requires a security clearance. So are they saying that the nanny issue, if that was the issue, did not come up during her initial vetting when she first came to State two years ago?

MSM is also reporting that Ms. Nauert is not expected to return to her State Department jobs. Until her announced nomination, she was the department spokesperson, and for a while, she was also the Acting Under Secretary for Public Diplomacy and Public Affairs, after the Senate-confirmed “R” Steve Goldstein was fired with Rex Tillerson.  In August 2018, the State Department appointed career FSO Robert Palladino as deputy spokesperson. But to-date, no one has been announced to succeed her as spokesperson, and there’s not even an acting spokesperson.

In any case, the post of UN Ambassador is up for grabs again, and some names we’ve heard before, we are hearing once more.  The Apprentice UN Edition is now on, people! So exciting dammit, I nearly micturated!

A side note —

At times, though not always, the State spokesperson is also dual-hatted as the Assistant Secretary of State for Public Affairs. The assistant secretary position used to be Senate-confirmed but P.L. 112-116, the Presidential Appointment Efficiency and Streamlining Act of 2011 (signed into law August 10, 2012), removed the requirement for Senate confirmation of Assistant Secretaries of State for Public Affairs.

Anyone remember why this was done?

You should know that on February 5, Secretary Pompeo delegated to Assistant Secretary for Public Affairs Michelle Giuda the authorities of the Under Secretary of State for Public Diplomacy and Public Affairs (R). Her official title is “Senior Official for Public Diplomacy and Public Affairs and Assistant Secretary, Bureau of Public Affairs.

It appears that the State Department is just going with “senior official” now and no longer even make use of the “acting” title for officials.  It also appears that the State Department no longer adhere to the previous practice of only appointing Senate-confirmed officials in “acting” capacity (don’t remember senior officials as responsible for their bureaus prior to this administration). We should note that only one official at the “R” bureau has been confirmed by the Senate, that’s the Assistant Secretary for Educational and Cultural Affairs Marie Royce (and spouse of former HFAC chair Ed Royce).

Is this Pompeo’s version of Trump’s “I like acting. It gives me more flexibility.”

 

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Secretary Pompeo Issues a Statement on SOTU #ButWhosFirst?

Big mystery.

On February 5, 2019 10:32 pm, the State Department’s Press Office released  an official statement from the 70th Secretary of State Mike Pompeo “On President Trump’s State of the Union Address”:

In his first two years, President Trump has strengthened America at home and abroad by putting the interests of the American people first and reasserting American leadership around the world. History will remember this period not only for what America has achieved on its own, but for the partnerships we have built with strong, sovereign, and independent nations and the contributions we have inspired from our partners. From making historic progress with North Korea, to confronting the regime in Iran, to supporting the Venezuelan people against tyranny, and more, President Trump’s diplomatic agenda has made America safer, more respected, and more prosperous.

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“History will remember this period …for the partnerships…” kind of does not really work when … what’s that? Recent bureau departures are attributed  to fears  that Trump will pull us out of NATO? Pardon me? Top ranking folks really did not want to be associated with that? But … but.. he said history …. okay, never mind.

Anyway, we had a hard time recalling any secretary of state releasing an official statement on the SOTU. Except it turned out, T-Rex also did a statement when Trump delivered his first SOTU on February 28, 2017.  On March 1, Tillerson released a 100-word statement.

Trump delivered his second SOTU on January 30, 2018. Then Secretary of State Rex Tillerson did not appear to release any statement prior to the SOTU but delivered a Remarks at the High-Level Opening Session of the Inaugural U.S.-Qatar Strategic Dialogue on the same day.

By the way, former Secretary of State John Kerry did not issue statements on President Obama’s SOTUs. We’ve looked.

So we should note that while Pompeo maybe one of the firsts to be out with the statement, he got some company (see DHS Secretary Nielsen’s statement, Treasury Secretary Mnuchin’s statement , Labor Secretary Acosta’s statement, Agriculture Secretary Perdue’s statement, and who knows who else?  Cabinet secretaries and public affairs people burning their late night oil to come up with these statements on the night of February 5.

But you know, folks really need to get these statement night-stamped, otherwise, how will Trump know which statement went out first or last?

It’s probably worth mentioning that Energy Secretary Perry released his state of the union statement on February 6!  February 6. He was the “designated survivor” and he is a day late with his statement?! That’s unforgivable. Yeah, so no cookies for him or his his PA people.

Netflix Caves In to Saudi Arabia, Removes ‘Patriot Act’ Episode on MBS and Yemen

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. 

Miles With Mike: Ouchy Road This Week

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Heather Nauert Nomination: Reactions

OSC’s Hatch Act Guidance: No Advocacy For/Against Impeachment, No #Resist, #ResistTrump Use

 

On November 27, the U.S. Office of Special Counsel (OSC) — not Robert Mueller’s but the federal agency with authorities to investigate cases related to the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment & Reemployment Rights Act (USERRA) — issued a new guidance regarding political activity. It says that  its Hatch Act Unit has received several questions regarding whether the following constitute “political activity” for purposes of the Hatch Act:

1. Is strong criticism or praise of an administration’s policies and actions considered political activity?

Criticism or praise that is directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group is political activity. Absent evidence that the criticism or praise is so directed, criticism or praise of an administration’s policies and actions is not considered political activity. Whether a particular statement constitutes political activity depends upon the facts and circumstances.

Consider, for example, the administration’s recent decision to move the U.S. embassy in Israel to Jerusalem. An employee who strongly criticizes or praises that decision during a workplace discussion with a colleague in the days immediately following the decision is less likely to be engaging in political activity than one making those same statements in the run-up to the next presidential election—when the decision will likely have been out of the news for several years—to a colleague that the employee knows has strong feelings about
the subject.

Read more here.

2. Is advocating for or against impeachment of a candidate for federal office considered political activity?

Yes. Read more here.

3. Is activity related to “the Resistance” considered political activity?

To the extent that the statement relates to resistance to President Donald J. Trump, usage of the terms “resistance,” “#resist,” and derivatives thereof is political activity. We understand that the “resistance” and “#resist” originally gained prominence shortly after President Trump’s election in 2016 and generally related to efforts to oppose administration policies. However, “resistance,” “#resist,” and similar terms have become inextricably linked with the electoral success (or failure) of the president. During the period when President Trump was not considered by OSC to be a candidate for reelection the terms did not raise any Hatch Act concerns. Now that President Trump is a candidate for reelection, we must presume that the use or display of “resistance,” “#resist,” “#resistTrump,” and similar statements is political activity unless the facts and circumstances indicate otherwise.

Note that this presumption is only relevant to employee conduct that takes place on duty, in the workplace, while wearing an agency uniform or insignia, or while invoking any official authority or influence. Provided that they comply with the Hatch Act’s restrictions, employees are free to engage in political activity while off-duty and away from the federal workplace.

In OSC’s example, if you tweet “I must #resist the temptation to eat another donut from the break room” – you would not/not be engaging in political activity but OSC would presume that “the use or display of the hashtags #resist and #resistTrump, in isolation, is political activity under the Hatch Act.”  Read in full here.

The thing is, Foreign Service folks are considered on duty 24/7, so what does this guidance means in the real world? We’ve asked the OSC; will update if we hear anything back.

You may also call the Hatch Act Unit at 202-804-7002 or send an e-mail to Hatchact@osc.gov  for your Hatch Act-related questions.

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Reviews For Pompeo’s WSJ Op-Ed: “God-Awful”, “Risible”, “Mendacious”, “Bananas”, and More #PAPressClips

Related item: Saudi Arabia: Background and U.S. Relations (PDF) | September, 2018 (Congressional Research Service).

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US Ambassador to Poland Georgette Mosbacher Angers Poles

 

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U.S. Secretary of State Calls Newsweek “Fake” After It Accurately Quotes Him

 

AND NOW THIS:

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