Read: Opening Statements By FSOs Catherine Croft and Christopher Anderson in #ImpeachmentInquiry

 

Foreign Service Officers Catherine Croft and Christopher Anderson appeared on the Hill today for their closed door depositions. The links to their Opening Statements are provided below.

Catherine M. Croft is a Foreign Service Officer with nine years in service. According to her Opening Statement, she started work on Ukraine in 2013, when she was posted to the U.S. Mission to NATO. After Russia invaded Crimea, she was assigned to NATO headquarters in Brussels. From August 2015 to July 2017, she served as one of several Ukraine Desk Officers in Foggy Bottom. In July 2017 she joined the National Security Council Staff at the White House as Director covering Ukraine. She left  the NSC in July 2018 and started studying Arabic at the ForeignService Institute in preparation for a tour in Baghdad. But in May 2019, she was asked to take over as Ambassador Volker’s Advisor. She spent the month of June at the US Embassy Kyiv “to prepare and then spent the week of July 8 overlapping with” her predecessor, Christopher Anderson.

Christopher J. Anderson is a Foreign Service Officer with fourteen years of service. According to his Opening Statement, he has been in the Foreign Service since 2005. His work in Ukraine began with a three-week temporary duty to Kyiv in March 2014 “just after Russia invaded and occupied Crimea.” He returned to Kyiv in September 2014 to serve as the External Unit Chief in the Political Section of Embassy Kyiv. He served in Kyiv from 2014–2017 and “worked closely with Ambassador Yovanovitch from 2015–2017.” In August 2017 Ambassador Volker reportedly asked him to serve as Special Advisor for Ukraine Negotiations. He served in that position from late August 2017 until July 12, 2019. He was succeed on his job by Catherine Croft.

 

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@StateDept Appoints Cherrie Daniels as Special Envoy for Holocaust Issues

 

Via state.gov:

Cherrie Daniels serves as Special Envoy for Holocaust Issues in the Bureau of European and Eurasian Affairs.  A career member of the Senior Foreign Service, she joined the Department of State in 1993. 
 
Prior to assuming duties as Special Envoy, she served as the Director of the Executive Secretariat Staff in the Office of the Secretary of State, Political Counselor at the U.S. Embassy in Belgrade, and Political/Economic Counselor at the U.S. Embassy in Oslo.  She also served in the Office of the Vice President as Special Advisor for Europe and Russia and as a Pearson Foreign Affairs Fellow in the office of Senator Joseph Lieberman. 
 
Earlier in her career, Ms. Daniels served as the Director of the U.S. Embassy’s American Center in Jerusalem, Desk Officer for Bosnia and Herzegovina, and Vice Consul in Zagreb and Toronto, as well as two tours in the Operations Center — one as Coordinator of the Crisis Management and Support team and one as Senior Watch Officer. 
 
Ms. Daniels has earned numerous individual and group Superior Honor awards.  In 2006, she was presented with the Secretary of State’s Swanee Hunt Award for Advancing Women’s Role in Policy Formulation in recognition of her work to promote the participation of women as peacemakers in the Israeli-Palestinian conflict. 
 
Hailing from Richardson, Texas, Ms. Daniels earned a B.A. in Politics from Princeton University, where she was also an FCC-licensed radio DJ.  She later earned a Master of Science in Foreign Service from Georgetown University.   She speaks Serbian, Norwegian, and Hebrew and is married with two children. 

Read: Kurt Volker’s Prepared Testimony in Ukraine Investigation

 

EUR/DAS Matt Palmer as Special Rep For Western Balkans, US Amb to Germany Ric Grenell Dual-Hatted For Serbia-Kosovo

 

On August 30, 2019, Pompeo appointed career diplomat Matthew Palmer’s as Special Representative for the Western Balkans. 

The Secretary of State has appointed Deputy Assistant Secretary Matthew Palmer as his Special Representative for the Western Balkans.  In this role, Palmer will lead our efforts to strengthen U.S. diplomatic engagement in support of peace, stability, and prosperity in the region and focus on integration of the Western Balkan countries into Western institutions.

As Special Representative, Palmer will travel to Slovenia beginning on September 1 to attend the Bled Strategic Forum.  He will also represent the United States at the Quint Balkan Directors meeting in Brussels and attend meetings in Vienna and Podgorica, September 4-10.

In addition to serving as the Secretary’s Special Representative, Palmer will continue to serve as Deputy Assistant Secretary in the Bureau of European and Eurasian Affairs, a position he has held since 2018.  Previously, he was Director of the Office of South Central Europe.

October 3, 2019, Trump announced his intent to appoint Richard Grenell  to serve concurrently as U.S. Ambassador to Germany and as Special Presidential Envoy for Serbia and Kosovo Peace Negotiations:

Richard A. Grenell has served as the United States Ambassador to Germany since May 8, 2018.  Mr. Grenell, a foreign policy writer and commentator, founded the international consulting firm Capitol Media Partners in 2010. For nearly two decades, he has served as the primary communications adviser for public officials at the Federal, State, local, and international levels, as well as for a Fortune 200 ranked company.  Mr. Grenell is the longest serving United States spokesman at the United Nations (2001-2008) having served four United States Ambassadors.  He earned a B.A. from Evangel University and an MPA from Harvard University’s John F. Kennedy School of Government.

 

Read: Text Msgs From Ambassadors Volker, Sondland, Taylor, and Others on #UkraineNightmare

 

 

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.

 

House Committees Subpoena Pompeo For Documents, Schedule Depositions of Senior @StateDept Officials

 

On September 27, Rep. Eliot L. Engel, the Chairman of the Committee on Foreign Affairs, Rep. Adam Schiff, the Chairman of the House Permanent Select Committee on Intelligence, and Rep. Elijah E. Cummings, the Chairman of the Committee on Oversight and Reform, sent a letter to Secretary of State Mike Pompeo for documents related to their impeachment inquiry. The letter says that the documents they seek include many Pompeo “has refused to produce for weeks.” The original document request was sent by Congress to Secretary Pompeo on September 9, 2019. A follow-up letter was sent on September 23, 2019.

“Pursuant to the House of Representatives’ impeachment inquiry, we are hereby transmitting a subpoena that compels you to produce the documents set forth in the accompanying schedule by October 4, 2019,” the Chairmen wrote.

Your failure or refusal to comply with the subpoena shall constitute evidence of obstruction of the House’s impeachment inquiry,” the Chairmen wrote. 

The Chairmen also sent a separate letter on September 27, notifying Pompeo that the Committees have scheduled depositions for five State Department officials over the next two weeks.
October 2, 2019:  Ambassador Marie “Masha” Yovanovitch
(Former U.S. Ambassador to Ukraine (2016-2019)

(Via Georgetown/ISD: Ambassador Marie L. Yovanovitch joins ISD after three years as the U.S. Ambassador to Ukraine (2016-2019). She previously served as Ambassador to the Republic of Armenia (2008-2011) and the Kyrgyz Republic (2005-2008). From 2012-2013, Ambassador Yovanovitch was the Principal Deputy Assistant Secretary for the Bureau of European and Eurasian Affairs, where she was responsible for policy on European and global security issues. She also served as the Senior Advisor to the Under Secretary of State for Political Affairs from 2004-2005. Ambassador Yovanovitch served as the Dean of the School of Language Studies at the Foreign Service Institute, as well as the Deputy Commandant at the Eisenhower School at the National Defense University, where she also taught national security strategy. A Career Minister in the U.S. Foreign Service, Ambassador Yovanovitch has received numerous Presidential and State Department Awards, including the Secretary’s Diplomacy in Human Rights Award. Ambassador Yovanovitch graduated from Princeton University and holds a master’s degree from the National Defense University.

 

October 3, 2019:  Ambassador Kurt Volker
(U.S. Special Representative for Ukraine Negotiations)

(Via state.gov: Ambassador Kurt Volker is a leading expert in U.S. foreign and national security policy with some 30 years of experience in a variety of government, academic, and private sector capacities. Ambassador Volker serves as Executive Director of The McCain Institute for International Leadership, a part of Arizona State University based in Washington, DC. He is also a non-resident Senior Fellow at the Center for Transatlantic Relations at Johns Hopkins University’s School of Advanced International Studies, a Senior Advisor at the Atlantic Council, and a Trustee of IAU College in Aix-en-Provence, France. He is a consultant to international business, a member of the Board of Directors of CG Funds Trust, and had previously served as Managing Director, International, for BGR Group. He has taught Transatlantic Relations at The George Washington University Elliott School of International Affairs. In July, 2017, Secretary of State Tillerson appointed Ambassador Volker as U.S. Special Representative for Ukraine Negotiations).

Note: BGR Group indicates Ambassador Volker as a Senior International Advisor. Also see Trump’s Ukraine envoy has a problem named Rudy Giuliani. Tillerson Appoints Ex-USNATO Ambassador Kurt Volker as Special Representative For Ukraine Negotiations (July 2017). As of late Friday, shortly after subpoenas for documents and scheduled depositions were announced, media reported the resignation of Ambassador Volker as Special Representative for Ukraine Negotiations.

October 7, 2019:  Deputy Assistant Secretary George Kent
Bureau of European and Eurasian Affairs

(Via state.gov: George Kent currently serves as Deputy Assistant Secretary in the European and Eurasian Bureau at the U.S. Department of State, overseeing policy towards Ukraine, Moldova, Belarus, Georgia, Armenia, and Azerbaijan. Previously, he was Deputy Chief of Mission in Kyiv, Ukraine (2015-18). In 2014-15, George was the Senior Anti-Corruption Coordinator in the State Department’s European Bureau from 2014-15, leading development and advocacy of anti-corruption messages across Europe and Eurasia).

 

October 8, 2019:  T. Ulrich Brechbuhl
Counselor of the U.S. Department of State

Via state.gov: T. Ulrich Brechbuhl currently serves as the Counselor of the Department. In this capacity, he provides strategic guidance to the Secretary on foreign policy, undertakes efforts to enhance U.S. diplomacy and public outreach, and conducts special diplomatic assignments as directed by the Secretary. Prior to joining the Department, Mr. Brechbuhl was president of Appenzeller Point, LLC, a family investing and consulting business. He also served as the executive chairman of Avadyne Health and on the board of five other healthcare and financial services businesses. Mr. Brechbuhl graduated from the United States Military Academy at West Point in 1986 and served as a cavalry officer with the Second Armored Cavalry Regiment patrolling the Iron Curtain before its fall. He also served with the 1st Squadron, 7th Cavalry in the U.S. Army’s First Calvary Division during the Persian Gulf War. After leaving active duty, Mr. Brechbuhl graduated from Harvard Business School, receiving his Master of Business Administration in 1994. Since then he worked with Bain and Company, Inc., and has served as the CFO and CEO of multiple companies, both private equity owned and publicly traded. Born in Switzerland, Mr. Brechbuhl grew up in Garden City, New York, and speaks French, German, and Swiss-German.

 

October 10, 2019:  Ambassador Gordon Sondland
U.S. Ambassador to the European Union, Belgium

Via USEU: Gordon Sondland was confirmed by the U.S. Senate on June 29, 2018, as U.S. Representative to the European Union with the rank of Ambassador.  He arrived in Brussels on July 8, 2018, and presented his credentials at the European Commission and to President of the European Council Donald Tusk on July 9, 2018. Ambassador Sondland is the Founder and CEO of Provenance Hotels, a national owner and operator of full-service boutique “lifestyle” hotels.  Provenance and its affiliates (founded in 1985), currently own and/or operate 19 hotels in seven states and have another six hotels currently under development.  Provenance creates unique, independent full-service, urban hotels, each with their own design, story and closely associated art collection.  The Company employs over 1,000 associates between its hotels and its Portland headquarters.  The Company has received critical acclaim for its hotels from such varied publications as The New York Times, Conde Nast, Travel and Leisure, and many other national and international publications.  In 2015, Provenance consolidated more than half of its assets into a $500mm fund with a strong balance sheet and liquidity.  The Fund anticipates reaching a gross asset value of approximately $1 billion in 2018.

 

Click here to read the subpoena letter.

Click here to read the deposition letter.

Read the full text of the Trump-Ukraine whistleblower complaint

Read full text of Trump-Zelensky July 25, 2019  Memorandum of Conversation

 

Episode Where Rudy, the Lawyer Throws @StateDept Under The Bus #whosdatunderbus

 

It looks like somebody just threw the State Department big time under the bus, two video clips on two separate days, and two separate Fox shows. In one on them, the president’s lawyer is waving his phone on teevee. “It’s all here … right here.” Should be interesting to find out who in the State Department actually sent him off on this um … mission, if it’s all there.  And if that’s true, then the Department of Swagger has a bigger problem. Folks might start writing stuff like ‘How the State Department Lost Its Swagger” or ‘Who’s That Under the Bus?’

As we’ve noted previously in May after the removal of the U.S. Ambassador to Ukraine, the Secretary of State did not seem to see it fit to come forward to defend the United States top representative, a career diplomat, in a priority country in Europe. This is looking like a trend.  Remember when his career staffers got mistreated by political appointees, and he was MIA, leaving the apologies to be made by his deputy?  Tsk! Tsk!

In addition to Ukraine, the president’s lawyer now has other allegations related to China, Latvia, and Cyprus. Watch out! He’s going to teach us geography and capital cities! Who knows how fast we’ll get to 275 posts!

Related posts:

 

Trump Names Hostage Envoy Robert O’Brien His Fourth National Security Advisor

 

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MidEast Envoy Jason D. Greenblatt Resigns, Kushner Aide to Take Expanded Role in ‘Deal of the Century’

 

 

The president announced via tweet the departure of Jason D. Greenblatt, his former real estate lawyer and Special Representative for International Negotiations since December 2016. Together with Trump’s son-in-law and senior adviser, Jared Kushner, Greenblatt is credited as co-author of the Trump Middle East peace plan. According to Reuters, Greenblatt is one of only four senior officials with access to Trump’s plan for Middle East peace, alongside Jared Kushner, Ambassador David Friedman and Kushner aide Avi Berkowitz.
Politico reports that with Greenblatt’s departure, Kushner aide, Avi Berkowitz, a 30-year old, 2016 Harvard graduate  will take on an expanded role in the talks (as will as the State Department’s special representative to Iran, Brian Hook). Berkowitz previously worked for Kushner Companies and  later as Assistant Director of Data Analytics in early 2016 for the Trump campaign. This is really going very well don’t you think?