US Embassy Zambia: Threats Against Amb. Daniel Foote For Comments on Harsh Sentencing of Gay Couple

Excerpt from Ambassador Foote’s statement:

The Foreign Minister accused me of interfering with Zambia’s internal affairs, as he has done each time any foreign diplomat accredited to Zambia offers an opinion different to that of the current Zambian government, and of “questioning the Zambian constitution.”  I just re-read Zambia’s entire constitution, which I believe is an admirable document, and there is no reference to “having sex against the order of nature,” or of homosexuality for that matter.  Your constitution does declare, however, to uphold “a person’s right to freedom of conscience, belief or religion; the human rights and fundamental freedoms of every person;” to “respect the diversity of the different communities of Zambia;” and to “promote and protect the rights and freedoms of a person.”  It is up to Zambian citizens and the courts to decide if your laws correspond to your constitution, but your constitution itself provides every person the right to freedom and expression of conscience and belief.  I expressed my belief about a law and a harsh sentencing I don’t agree with.  I didn’t interfere in internal affairs.
[…]
I have consistently pledged that it’s not my place to tell Zambia what to do, but that I would always be honest and frank.  The exceptional yearly assistance from American to Zambian citizens, and the constitution of Zambia, should enable all of us to express our opinions without acrimonious accusations or actions.  I hope the government of Zambia commits to improve its decaying relationship with the United States, but that is a decision for it to make.

If you think that foreign nationals were not paying attention on how the president talks about our diplomats, local media now report notes that “Zambian President Edgar Lungu rebuked the Ambassador and his remarks, saying his authorities will complain to the Trump administration.”

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Highlighting Heroes: Ambassador Marie Yovanovitch Honors Her Oath

It is highly likely that the State Department will not include Ambassador Marie Yovanovitch in its Highlighting Heroes initiative.  So we will do our own highlights here. No matter what is in the future for her, we and many others will remember her and honor her for her courage in speaking up first when it mattered most.
The secretary of state, proud … um defender of the rule of law only when convenient, told the committee Ambassador Yovanovitch may not attend the deposition without agency provided counsel (counsel that looks after the government not the employee’s interest), and the undersecretary for management, who oversees personnel at the State Department instructed her not to appear for a deposition. She was issued a congressional subpoena and appeared for her deposition and public testimony.
Her private counsel wrote to U/S Brian Bulatao: “Although the Ambassador has faithfully and consistently honored her professional duties as a State Department employee—including at all times following her abrupt termination as U.S. Ambassador to Ukraine—she is unable to obey your most recent directive.”
Excerpt from The Trump-Ukraine Impeachment Inquiry Report

Despite President Trump’s explicit orders that no Executive Branch employees should cooperate with the House’s impeachment inquiry and efforts by federal agencies to limit the testimony of those who did, multiple key officials complied with duly authorized subpoenas and provided critical testimony at depositions and public hearings. These officials adhered to the rule of law and obeyed lawful subpoenas.

Ambassador Marie Yovanovitch, Former U.S. Ambassador to Ukraine, Department of State
See PDF pp 245-247

On September 13, the Committees sent a letter to Secretary of State Mike Pompeo seeking a transcribed interview with Ambassador Marie Yovanovitch and other State Department officials.287

The Committees received no direct, substantive response to this letter. On September 27, the Committees sent a letter informing Secretary Pompeo that Ambassador Yovanovitch’s deposition was being scheduled on October 2, stating:

On September 13, the Committees wrote to request that you make State Department employees available for transcribed interviews. We asked you to provide, by September 20, dates by which the employees would be made available for transcribed interviews. You failed to comply with the Committees’ request.288

Also on September 27, the Committees sent a letter directly to Ambassador Yovanovitch seeking her appearance at a deposition on October 2.289

On October 1, Secretary Pompeo sent a letter to the Committees stating:

Therefore, the five officials subject to your letter may not attend any interview or deposition without counsel from the Executive Branch present to ensure that the Executive Branch’s constitutional authority to control the disclosure of confidential information, including deliberative matters and diplomatic communications, is not impaired.290

After further discussions with Ambassador Yovanovitch’s counsel, her deposition was rescheduled for October 11. On October 10, Brian Bulatao, the Under Secretary of State for Management, sent a letter to Ambassador Yovanovitch’s personal attorney directing Ambassador Yovanovitch not to appear for her deposition and enclosing Mr. Cipollone’s October 8 letter stating that President Trump and his Administration would not participate in the House’s impeachment inquiry. Mr. Bulatao’s letter stated:

Accordingly, in accordance with applicable law, I write on behalf of the Department of State, pursuant to the President’s instruction reflected in Mr. Cipollone’s letter, to instruct your client (as a current employee of the Department of State), consistent with Mr. Cipollone’s letter, not to appear before the Committees under the present circumstances.291

That same day, October 10, when asked whether he intended to block Ambassador Yovanovitch from testifying the next day, President Trump stated: “You know, I don’t think people should be allowed. You have to run a country, I don’t think you should be allowed to do that.”292

On the morning of Ambassador Yovanovitch’s deposition on October 11, the Committees sent a letter to her personal attorney transmitting a subpoena compelling her appearance, stating:

In light of recent attempts by the Administration to direct your client not to appear voluntarily for the deposition, the enclosed subpoena now compels your client’s mandatory appearance at today’s deposition on October 11, 2019.293

Later on October 11, Ambassador Yovanovitch’s personal attorney sent a letter to Mr. Bulatao, stating:

In my capacity as counsel for Ambassador Marie Yovanovitch, I have received your letter of October 10, 2019, directing the Ambassador not to appear voluntarily for her scheduled deposition testimony on October 11, 2019 before the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Oversight and Reform in connection with the House of Representatives’s impeachment inquiry. Just this morning, the Ambassador received a subpoena issued by the House Permanent Select Committee on Intelligence, requiring her to appear for the deposition as scheduled. Although the Ambassador has faithfully and consistently honored her professional duties as a State Department employee—including at all times following her abrupt termination as U.S. Ambassador to Ukraine—she is unable to obey your most recent directive. As the recipient of a duly issued congressional subpoena, Ambassador Yovanovitch is, in my judgment, legally obligated to attend the depositions as scheduled.294

Ambassador Yovanovitch participated in the deposition on October 11, in compliance with the Committees’ subpoena.295 During her deposition, Ambassador Yovanovitch’s personal attorney confirmed that “she received a direction by the Under Secretary to decline to appear voluntarily.”296

On November 15, the Committees transmitted a subpoena to Ambassador Yovanovitch compelling her to testify at a public hearing of the Intelligence Committee that same day.297 Ambassador Yovanovitch complied with the Committees’ subpoena and testified at the public hearing. During the hearing, Chairman Schiff acknowledged Ambassador Yovanovitch’s compliance, stating:

Ambassador, I want to thank you for your decades of service. I want to thank you, as Mr. Maloney said, for being the first one through the gap. What you did in coming forward and answering a lawful subpoena was to give courage to others that also witnessed wrongdoing, that they, too, could show the same courage that you have, that they could stand up, speak out, answer questions, they could endure whatever threats, insults may come their way. And so in your long and distinguished career you have done another great public service in answering the call of our subpoena and testifying before us today.298

Top Colombian Diplomats Talk About a “Destroyed” @StateDept in Secret Recording

 

Via the Miami Herald:

“Colombian newspaper Publimetro earlier this week released a 24-minute audio of Colombia’s Ambassador to the United States Francisco Santos and the country’s Foreign Minister-designate Claudia Blum. The paper said the pair had been recorded last week in a Washington, D.C., café by an unnamed third party.
[…]
“The U.S. State Department, which used to be important, is destroyed, it doesn’t exist,” he said. In particular, he said President Donald Trump’s first secretary of state, Rex Tillerson, “salió con un chorro de babas” — a colorful expression that translates literally to “let out a stream of drool,” and which means, roughly, he was all talk and ineffectual.”

The secret recording was reportedly taken during a meeting that took place at a coffee shop close to the Colombian Embassy in Washington, D.C.
They can’t be the only foreign diplomats talking about what’s happening to the State Department, but they might be the only ones caught talking about it openly at a coffee house.  In the meantime, Mr. Pompeo, a valued resident of an alternate universe continues to write his Miles with Mike “all is great” update to his “team” in Foggy Bottom. Yay! More smiling photos for the official scrapbook, please!

The recording is available here:

Open Hearings Week #2: Williams, Vindman, Volker, Morrison, Sondland, Cooper, Hale, Hill, Holmes

 

Related posts: Impeachment Inquiry: Transcripts of Depositions Released (Updated 11/18/19)Impeachment Open Hearings Week #1: William Taylor, George Kent, Marie Yovanovitch

Thursday, November 21

  • WH/NSC: Fiona Hill, Fiona Hill, Former Senior Director for Europe and Russia
  • State/FSO David Holmes, Political Counselor, US Embassy Kyiv, Ukraine

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AFSA Issues Guidance on the Use of Diplomatic Passports

 

Via afsa.org:

AFSA has seen an increasing number of Foreign Service employees under investigation for possible misuse of their Diplomatic Passports (DPs). To ensure that our members understand the relevant rules for DPs, AFSA issues the following guidance.

General Guidance:

DPs carry the same message from the Secretary of State as do any other passports, i.e. that their bearers be permitted “to pass without delay or hindrance” and be given “all lawful aid and protection.”  However, they also announce that their bearers are abroad on diplomatic assignment with the U.S. government. While traveling abroad with such passports, DP holders not only have a special obligation to respect the laws of the country in which they are present, but they must abide by U.S. government and agency-specific standards of conduct.

In addition to reviewing the guidance below, we suggest all DP holders review the following material:

  • 8 FAM 503.2, Travel with Special Issuance Passports (updated 6/27/2018)
  • 18 STATE 6032, Proper Use of Special Issuance Passports (1/19/2018)
  • 12 STATE 12866, Official and Diplomatic Passports – Notice to Bearers (2/11/2012)

DP Terms of Use:

  • DPs may only be used while their holders are in positions which require such documents, i.e. during official business travel.
  • A DP attests that the bearer is traveling on diplomatic/official business for the U.S. government or is an accompanying family member of such a person.
  • DPs are authorized for any travel on government orders. For example, DPs may be used for R&R or medevac travel.
  • TDY travel should be conducted with DPs and any required visas. DP holders are advised to check with the post in question regarding requirements for entry.
  • DP holders should practice carrying both regular and diplomatic passports while on travel.
  • DPs must be used when entering and exiting the holder’s country of assignment abroad and returning to the U.S. from the country of assignment. Regular (tourist) passports must be used for all personal travel.
  • For all travel, we strongly advise carrying both diplomatic and regular passports and complying with instructions of local immigration authorities, even if those instructions are not necessarily in compliance with this guidance. If this or any other unusual situation occurs involving the use of diplomatic passports, please document the event for your records.

Examples:

  • U.S. diplomat assigned to Country A is taking a personal trip (tourist trip) with his/her family to Country B. The U.S. diplomat, and accompanying family members, must use the DPs for entering/exiting Country A. However, they must use their personal passports (“blue book”) for entering/exiting Country B. Whichever type of passport is used to enter a country must be used to exit that country.
  • U.S. diplomat has completed his/her tour in Country A and is returning to the U.S. with his/her family. The U.S. diplomat and accompanying family members will use their DPs for leaving Country A and entering the U.S.
  • U.S. diplomat assigned to Country A has an official meeting in Country B and then will travel to Country C for tourism. The U.S. diplomat must use the DP to exit Country A and enter and exit Country B. However, the diplomat must use his/her personal passport to enter and exit Country C. The DP will be used to re-enter Country A.

DPs Do Not:

  • Confer diplomatic immunity.
  • Exempt the bearer from foreign laws.
  • Allow the bearer to carry classified or sensitive material across borders.
  • Allow the bearer to avoid questions from foreign immigration or bypass security.
  • Protect their holders from arrest, hazards of war, criminal violence, or terrorism.

To Note:

  • DPs may subject their bearers to increased scrutiny by foreign governments and other entities.
  • Misuse of DPs may be investigated and prosecuted as a violation per 18 U.S.C. 1544.
  • Employees who are found to have misused DPs may also be subject to disciplinary action.
  • Many countries have visa requirements for DPs which exceed those for regular passports.  Guidance can be found here: https://travel.state.gov/content/special-issuance-agency-home/en/spec-issuance-agency.html
  • Taiwan: All travel to Taiwan by executive branch personnel must be with a regular passport.  In addition, executive branch personnel who plan to travel to Taiwan for official purposes must have prior concurrence from the Office of Taiwan Coordination: (202) 647-7711.

More information can be found at the Special Issuance Agency page here.

We understand that the Department of State will issue its own guidance on this topic shortly.

#

Swagger Mike’s Spine Still Missing, If Found Please Call @StateDept

 

 

 

Impeachment Inquiry: Transcripts of Depositions Released (Updated 11/18/19)

Posted: Nov 12, 2019
Updated: Nov 16, 2019
Updated, November 18, 2019

On September 24, 2019, House Speaker Nancy Pelosi announced the beginning of the impeachment inquiry. (see Tuesday, September 24, 2019: Speaker Nancy Pelosi Announces Formal Impeachment Inquiry).  Below are links to the full transcripts of the depositions that the Committee has released on a rolling basis. We will update this post as new transcripts are released to the public.
State/P Ambassador David Hale, Under Secretary of State for Political Affairs
  • The testimony of Mr. Hale can be found here.
  • Key excerpts of Hale’s testimony can be found here.
State/FSO David Holmes, Political Counselor, US Embassy Kyiv, Ukraine
  • The testimony of Mr. Holmes can be found here.
  • Key excerpts of Holmes’ testimony can be found here.
WH/FSO Jennifer Williams, Vice President Pence’s Special Adviser on Europe and Russia
  • The testimony of Jennifer Williams can be found here.
  • Key excerpts of Jennifer Williams’s testimony can be found here.
WH/Timothy Morrison, Deputy Assistant to the President
  • The testimony of Timothy Morrison can be found here.
  • Key excerpts of Timothy Morrison’s testimony can be found here.
DOD/Laura Cooper, Deputy Assistant Secretary of the Department of Defense
  • The testimony of Deputy Assistant Secretary Laura Cooper can be found here.
  • Key excerpts of Deputy Assistant Secretary Laura Cooper testimony can be found here.
STATE/FSO Catherine Croft, Ambassador Volker’s Advisor
  • The testimony of Catherine Croft can be found here.
  • Key excerpts of Catherine Croft’s testimony can be found here.
STATE/FSO Christopher Anderson, Ambassador Volker’s Advisor
  • The testimony of Christopher Anderson can be found here.
  • Key excerpts of Christopher Anderson’s testimony can be found here.
WH/Dr. Fiona Hill, NSC Russia Expert
  • The testimony of Dr. Fiona Hill can be found here.
  • Key excerpts of Dr. Fiona Hill’s testimony can be found here.
WH/Lieutenant Colonel Alexander Vindman, NSC Russia Expert
  • The testimony of Lieutenant Colonel Alexander Vindman can be found here.
  • Key excerpts of Lieutenant Colonel Alexander Vindman’s testimony can be found here.
STATE/George Kent: Deputy Assistant Secretary for European and Eurasian Affairs (EUR)
  • The testimony of Deputy Assistant Secretary Kent can be found here.
  • Key excerpts from Deputy Assistant Secretary Kent can be found here.
STATE/Ambassador Bill Taylor: Current Chargé d’Affaires, US Embassy Ukraine
  • The testimony of Ambassador Taylor can be found here.
  • Key excerpts from Ambassador Taylor’s testimony can be found here.
STATE/Kurt Volker:  Former U.S. Special Envoy to Ukraine
  • The testimony of Ambassador Volker can be found here.
  • Key excerpts from Ambassador Volker’s testimony can be found here.
  • the Committees released all additional Volker text messages received by the Committees, which can be found here.
  • Key excerpts from these additional text messages can be found here.
  • The Committees first released excerpts of text messages produced by Ambassador Volker on October 2, 2019, which can be found here.
STATE/Ambassador Gordon Sondland:  Current U.S. Ambassador to the European Union
  • The testimony of Ambassador Sondland can be found here, including an addendum he filed on November 4, 2019
  • Key excerpts from Ambassador Sondland’s testimony can be found here.
STATE/Ambassador Michael McKinley:  Former Senior Advisor to Secretary of State Mike Pompeo
  • The testimony of former Senior Advisor to the Secretary of State Ambassador P. Michael McKinley from October 16, 2019 can be found here.
  • Key excerpts from McKinley’s testimony can be found here.
STATE/Ambassador Marie Yovanovitch: Former U.S. Ambassador to Ukraine
  • The testimony of former U.S. Ambassador to Ukraine Marie “Masha” Yovanovitch from October 11, 2019 can be found here.
  • Key excerpts from Yovanovitch’s testimony can be found here.

 

 

 

A Resolute Marie Yovanovitch Shines at the Impeachment Inquiry

 

Unless you’ve been hiding under a rock this past week (like you know who),  you’ve probably already seen, read or heard about former Ambassador to Ukraine Marie Yovanovitch’s appearance at a public hearing on the first week of the impeachment inquiry. Beyond the obvious parts of the testimony concerning her removal, and the president’s detestable tweet while she was in the middle of the hearing, we were struck by a few things:
Just doing what needs to be done
At one point during the hearing, Rep. Terri Sewell (D-Alabama) said: “You spoke about how your service is not just your own personal service, it affects your family, and today we have seen you as this former ambassador of this 33 year veteran of the Foreign Service. But I want to know about you personally and how this has affected you personally and your family.”
Ambassador Yovanovitch’s answered that It’s been a difficult time. I am a private person, I don’t want to put all of that out there, it’s been a very, very difficult time because the president does have the right to have his own, her own ambassador in every country in the world.”
Rep. Terri Sewell tried again asking, “how has it affected your family?”
Ambassador Yovanovitch gave a very diplomatic and firm response by simply saying that I really don’t want to get into that, but thank you for asking.” She could have told them about the recent loss of her 91-year old mother, but she did not. She had one job to do there and she was not going to get distracted from that despite what ever else may be going on in her personal life.  Her resoluteness in the face of difficulties  and the challenges she will face going forward is admirable. 
No praises for Trump even to save her job 
When Rep. Mike Quigley (D-IL) asked Ambassador Yovanovitch about the advice given to her by political ambassador to USEU Gordon Sondland, Ambassador Yovanovitch said, “He suggested that I needed to go big or go home. And he said that the best thing to do would be to, you know, send out a tweet, praise the president, that sort of thing.” When asked about her reaction to that advice,  she responded that she’s sure “he meant well, but it was not advice that I could really follow. It felt — it felt partisan, it felt political and I just — that was not something that I thought (ph) was in keeping with my role as ambassador and a Foreign Service officer.”
When asked if Ambassador Sondland gave any specific suggestions on what to say about the president of the United States, or just say something nice about him”, Ambassador Yovanovitch responded , Yeah, just to praise him.”
She could have easily “gone big” as suggested by somebody who donated big to this president’s inauguration; no one but her and Sondland would have known about the advice had she done it. But the 33-year veteran of the U.S. Foreign Service declined to sing Trump praises — even to save her job — because  she thought it was not “in  keeping ” with her “role as ambassador and a Foreign Service officer.”
Imagine that. 
How many ambassadors (or cabinet secretaries for that matter) would make the same choices or would folks just start thinking, hey what’s the harm with a simple tweet? But how long before it will be more than just a simple tweet and folks start wearing dark eye googles just to comb their thinning hair in front of the mirror?
Fellowship at Georgetown
New York Representative  Elise Stefanik wanted confirmation that Ambassador Yovanovitch is still an employee of the  State Department so “there’s no public confusion” and said that “Georgetown students are lucky to have” her.
Texas representative K. Michael Conaway wanted to know “what happened when you — when you came back here as to what your next assignment would be at — at State?” (This is the same representative who wanted to know if somebody paid George Kent to say those “glowing” things about Ambassador Yovanovitch. He also asked her, “Do they shun you at the lunch counter? I mean, do they treat you badly as a — as a result of the way you were treated by — by the president?”)
Ambassador Yovanovitch responded that when she came back obviously it was sort of out of cycle, there was nothing set up…”. She added, And again, I am grateful that Deputy Secretary Sullivan asked me what I would like to do next. I recalled that there was the fellowship at Georgetown and asked whether that might be something that could be arranged.”
Representative Conaway asked “Was that your only choice?” She responded I’m not sure.... We didn’t really discuss other options.” He ended up his inquiry by saying, I hope that, whatever you decide to do after the Georgetown fellowship, that — that you’re as successful there as you’ve been in the first 33 years.”  He has no idea, does he?
Foreign Service assignments for tenured employees typically run 3 years, with occasional 1 year extensions. These assignments are usually handed out a year before the actual rotation. Since she was reportedly asked earlier to extend her assignment in Kyiv until 2020, it most probably means she was not “bidding” for any assignment by the time she was yanked out of Ukraine. There are few jobs available when assignments are suddenly curtailed or shortened.  And given the target on her back after Ukraine, Georgetown may have been the only option for her. But here’s the thing, she could not stay there forever. At most, that’s a one year assignment. Which also means that she would have been looking for her next assignment during this year’s bidding cycles.
No next time, Mr. Pompeo and State Department spoxes talk about their support for Foreign Service employees, ask them what is Ambassador Yovanovitch’s next assignment.
Most jobs appropriate for her rank (Minister-Counselor, equivalent to Two-star rank (O-8) require a nomination or a State Department leadership approval. She previously served as Deputy Commandant at the Eisenhower School at the National Defense University in Washington, D.C.as well as Dean of the School of Language Studies at the Department of State’s Foreign Service Institute. She could do the schools again or get back and serve in Foggy Bottom.  But it’s not a simple question of “whatever” she decides to do after the Georgetown fellowship, it’s a question of what the State Department will allow her to do. We do not expect her to get another ambassadorship under this administration. We are concerned, however, that she will also have difficulties finding an onward assignment after her fellowship and that she will be forced into retirement.

Another Day, Another Attack Directed at a @StateDept Employee, Pompeo Still Missing

 

 

US Embassy Ukraine’s Political Counselor David Holmes Appears For Deposition in #ImpeachmentInquiry