DOJ’s Sarah Fabian Makes Outrageous Argument USG Isn’t Required to Provide Toothpaste, Soap, or Beds For Detained Children

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Update: Justice Department career lawyer defends herself after viral video on child migrant treatment

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Miles With Mike: Child Soldiers, CENTCOM Visit, Silliness, Plus Some Word Salad With That Chardonnay

Help Fund the Blog | Diplopundit 2019 — 60-Day Campaign from June 5, 2019 – August 5, 2019

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Billy Goat  with Washington piece of silliness

Some word salad to go with that Chardonnay:

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State/OIG Substantiates Allegation of Whistleblower Retaliation, @StateDept Says Nah, WhatYaTalkingAbout?

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Via State/OIG Semi-Annual Report to Congress: October 1, 2018 – March 31, 2019:

The whistleblower protection coordinator, OIG’s Assistant Inspector General for Evaluations and Special Projects, educates Department and USAGM employees, as well as contractor and grantee employees, on the rights and protections available to whistleblowers. As required by the National Defense Authorization Act for Fiscal Year 2013 (41 U.S.C. § 4712), the coordinator oversees investigations of allegations of retaliation filed by employees of contractors, subcontractors, grantees, and subgrantees, as well as personal services contractors.
[…]
[T]he coordinator investigates complaints under Presidential Policy Directive 19, which prohibits whistleblower retaliation in the form of actions that affect an employee’s eligibility for access to classified information. During this reporting period, OIG’s whistleblower protection coordinator completed one report under 41 U.S.C. § 4712, which substantiated allegations of whistleblower retaliation.

Department of State:

“OIG substantiated one allegation of whistleblower retaliation related to a Department personal services contractor. This case was referred to the Department, which is responsible for making a determination as to whether to grant or deny relief to the whistleblower. On March 25, 2019, the Department denied relief to the whistleblower because it believed that there was a lack of direct evidence of retaliation.”

 

The Havana Syndrome in the News, and Some Questions For Foggy Bottom’s New “M”

 

The Havana Syndrome remains a mystery and a subject of interest. But the latest report via Buzzfeed suggests that “much of the early research into the mystery may have been botched or biased.”

The initial investigation was confined to two competing sets of researchers, both eager to publish studies on their own work, and whose findings have been at odds with each other. In one case, researchers were also seeking to promote their own newly approved medical device as a diagnostic tool. And until now, the effort has lacked broader oversight by an institution capable of cross-disciplinary research.

“The fundamental problem is you can’t trust anybody here,” said medical ethicist Sergio Litewka of the University of Miami, who has written about the political cloud of secrecy and distrust surrounding the diplomats’ injuries. “Not the US State Department and not the Cuban government.” (BuzzFeed has filed a lawsuit with the State Department requesting its communications related to the medical research into the injuries, after the agency denied a request for them on medical privacy and ongoing investigation grounds.)

Can somebody please ask the new “M” Brian Bulatao what’s his plan about this matter going forward?  Can an “America First” policy over everything afford to have this medical mystery just go unsolved? What happened to the Accountability Review Board reportedly convened by the former Secretary of State Rex Tillerson. The ARB process doesn’t stop when the secretary of state is fired via tweet, does it?  What happens to those affected? What happens to those affected who were not employed by the U.S. government (spouses and children)? What happens if those affected leave their jobs voluntarily or involuntarily?  What arrangements are made in terms of medical care? What’s the plan if a similar incident were to happen at another part of the globe?

We missed this 4-part report from Canada:

The Havana Syndrome, Part 3: Insiders say ordeal has ‘struck a nerve’ in Canada’s diplomatic community

The Havana Syndrome, Part 4: What it could be and how experts will try to crack the case

Pompeo swaggers into the bright light: “We lied, we cheated, we stole.” (Laughter.)

 

Via: state.gov: https://www.state.gov/secretary/remarks/2019/04/291144.htm

QUESTION: Hi, Mr. Secretary. My name is Ben Allen (ph), and I’m a civil engineering student. My question for you is: How do you balance condemnations with concessions in diplomacy with a controversial government such as Saudi Arabia? Thank you.

SECRETARY POMPEO: So I always begin with a deep understanding that no secretary of state gets through their first day without recognizing it’s a tough world out there. We don’t appreciate how glorious it is to be here in the United States of America on a consistent enough basis and with enough fervor. Maybe you do here at Texas A&M, but I think too many Americans don’t understand how blessed we are. These are – are many, many tough places out there.

28:35 mark: Having said that, not all tough places are the same. They each present a different set of challenges. I – it reminds me, you would know this as – it’s a bit of an aside. But in terms of how you think about problem sets, I – when I was a cadet, what’s the first – what’s the cadet motto at West Point? You will not lie, cheat, or steal, or tolerate those who do. I was the CIA director. We lied, we cheated, we stole. (Laughter.) It’s – it was like – we had entire training courses. (Applause.) It reminds you of the glory of the American experiment.

And so when you deal with these countries, you have to just recognize they’re not all the same. Some of these difficult, nasty places want to partner with the United States and just haven’t gotten to the right place yet, just haven’t been able to move their own institutions. And some of them may only be trying half as much as they ought to be trying, but they’re trying to move in the right direction. That presents a very different way of thinking about how the United States ought to address them. In those cases, we ought to assist them.

We should never shy away from calling them out. We have to be consistent. The State Department puts out every year a Human Rights Report. It’s just a compendium of bad acts around the world during the last 12 months. It’s way too long a book. But you should look at it. We call out friends, we call out adversaries, we call out everyone in between. But we have to find places where some of these countries that aren’t living up to our human rights standards – we address it, we work to fix it, we hold them accountable as best we can, and then we work to make sure those things don’t happen again.

There are another set of bad actors who’d just as soon see you all perish from this planet. That calls out for a different American response. And so sorting those through, figuring out exactly the right mix of American tools – diplomatic tools, economic tools, political tools, military tools, figuring out precisely what the right mix is the task that we engage in at the State Department, but we do it with all of our partners in the national security apparatus as well. So the leadership in the White House, the Department of Defense, the Intelligence Community, the Department of Treasury – we were talking about sanctions – all of those have an important piece of figuring out what exactly the right mix is.

And so just two things. One, we need to constantly evaluate if we have that right with respect to every one of those actors. Have we got the right balance? Are they still in the same place? Are they still making progress? Are they still serious about addressing the shortcomings that we identify? And then second, we have to be relentless, whether they are friends or adversaries, in making sure when a nation falls short that America will never shy away from calling them out for that behavior that didn’t rise to the level that we hope every nation can achieve.

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Pompeo on @StateDept: What They Needed Wasn’t More Money, What They Needed Was a Leader Who … Who’s That?

The Trump budget proposal for the FY2020 State Department funding is now out. HFAC already called the proposal which includes a 23% cut ‘dead on arrival” on Capitol Hill. Even if this request doesn’t pass, it clearly reflects the administration’s views on diplomacy and development. If a Foggy Bottom joker starts calling prior State Department funding levels unsustainable, we may fall off our chair and scream out loud. The Administration’s budget request for DOD was $686.1 billion in FY2019 and $750 billion in FY2020. And $750 billion is sustainable? Anyway, brief run-down of the budget requests in the last few years:

FY2017:  The FY2017 budget request under the Obama Administration amounted in $52.78 billion in new budget authority for the State Department, Foreign Operations, and Related Appropriations (SFOPS). When Congress passed the appropriations bill, the  total enacted SFOPS funding for FY2017 was $57.53 billion, an 8.8% increase over the FY2016 SFOPS funding level. According to the CRS, the increase is entirely due to a 40% total increase in Overseas Contingency Operations (OCO) funding.

FY2018: President Trump submitted his FY2018 budget request to Congress on May 23, 2017. The request sought $40.25 billion (-30% compared with FY2017 enacted) for SFOPS, including Overseas Contingency Operations (OCO) funds. The 115th Congress enacted the Consolidated Appropriations Act, 2018, which provided FY2018 funding for the Department of State, Foreign Operations, and Related Programs (SFOPS). Division K of the act―State, Foreign Operations, and Related Programs (SFOPS)― provided a total of $54.18 billion, including Overseas Contingency Operations (OCO) funds and rescissions. This represented a decrease of 6.1% from the FY2017 actual funding level according to the Congressional Research Service (CRS).

FY2019: The Trump Administration submitted to Congress its FY2019 budget request on February 12, 2018. The State Department budget proposal under Rex Tillerson included $41.86 billion for the Department of State, Foreign Operations, and Related Programs (SFOPS). CRS notes: Comparing the request with the FY2018-enacted funding levels, the FY2019 request represents a 22.7% decrease in SFOPS funding. The proposed State and related agency funding would be 18.2% below FY2018 enacted and the foreign operations funding would be reduced by 24.7%. Both the House and Senate appropriations committees have approved FY2019 SFOPS bills that include funding at higher levels than the Administration requested and equal to or greater than FY2018 enacted funding. Congress eventually appropriated $56.1 billion, ensuring that the agency has the resources it needs.

FY2020: Trump’s FY2020 budget request for the State Department, the first under Pompeo, proposes $40 billion for the State Department and U.S. Agency for International Development (USAID). State’s Bureau of Budget and Planning guy Doug Pitkin said, “the last two budgets, for example, included reductions to State and AID personnel. This budget does not propose that.” He also argued that despite the almost 25% cut, this  budget request apparently “does support diplomacy and development”.

All that to highlight what Secretary Pompeo said in an interview recently. Secretary Pompeo  (who we imagine is known …er fondly in Foggy Bottom as Swagger Mike) gave an interview to McClatchy’s Kansas City Star and Wichita Eagle on March 11. We must admit that since this was an interview, we certainly could not blame his speechwriters for the gems here. Neither the video nor the transcript of this interview appears on state.gov, as of this writing but the reporters have a short video clip which we embedded below, and you can read the report with the quotes here.

“I’ll testify on Capitol Hill in a week or two on our budget and I’m very confident that the State Department will have the resources it needs,” Pompeo said. “It always has. President Trump has ensured that it has. And we’ll get to where we’ll need to be.”

 

 

“The people at the State department understand what’s going on,” Pompeo said.

 

“What they needed wasn’t more money,” he said. “What they needed was a leader who was prepared to empower them, was prepared to let them go out and do their job.”

“When I talked about swagger it was about going out in the world and having the confidence that as an American diplomat you represent the greatest nation in the history of civilization,” he said.

“That’s what the people of the State Department want and need. We’re giving it to them in spades. They’re responding to it wonderfully. We’re doing wonderful work all around the world.”

SoS: Look, he did not say what he said. I know precisely what he said and you don’t — even if you saw his tweet

Posted: 4:24 am EST

 

Here is the 70th Secretary of State acting as the President of the United States’ universal translator. Transcript is available here. People say that a few more performances like this and they might have to start giving him a new nickname.

Coz, you know what that Orwell fella wrote: “In the end the Party would announce that two and two made five, and you would have to believe it. It was inevitable that they should make that claim sooner or later: the logic of their position demanded it. Not merely the validity of experience, but the very existence of external reality was tacitly denied by their philosophy. The heresy of heresies was common sense.”

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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.
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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.
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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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