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.
[…]
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.
[…]
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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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.”

 

Related posts:

 

EUR’s Wess Mitchell Quits, New Acting EUR A/S Millard Reportedly to Retire 2/22

Posted: 1:57 am EST

Big news last week was the soon to be departure of EUR’s Assistant Secretary Wess Mitchell who is leaving his post after some 15 months on the job. A/S Mitchell took office in October 2017 and is resigning from his appointment effective February 15. The State Department announced that the Principal Deputy Assistant Secretary (PDAS) Elisabeth Millard will serve as Acting A/S for the European and Eurasian Affairs. We’re not sure how long she will be in that acting capacity as we understand that her paperwork has been submitted to retire on February 22. The bureau appears to have six career DASes, two special envoys (one career, one noncareer), and one vacancy (Coordinator of U.S. Assistance to Europe and Eurasia  – is this a newly created position?). In any case, let us know when you know who will be the next Acting A/S.

@SecPompeo Appoints Elliott Abrams, Iran-Contra Figure to “Help” Restore Democracy in Venezuela

Posted: 3:35 am EST

 

On January 25, Secretary Pompeo announced that he was “incredibly excited” that Elliot Abrams “a seasoned, principled, and tough-minded foreign policy veteran is joining our State Department team.” Pompeo cited Abrams’ work during the Reagan years as  “former assistant secretary of state for human rights and humanitarian affairs and as assistant secretary for inter-American affairs.” He also cited Abrams service under President George W. Bush where the new special envoy previously “served on the National Security Council as the senior director for democracy, human rights, and international affairs; senior director for North African and Near East affairs; and deputy national security adviser for global democracy strategy.”

Pompeo told reporters that “Elliott will be a true asset to our mission to help the Venezuelan people fully restore democracy and prosperity to their country.”

Left unmentioned was Independent Counsel Lawrence Walsh’s Iran/Contra report which notes that Elliott Abrams — “Pleaded guilty October 7, 1991, to two misdemeanor charges of withholding information from Congress about secret government efforts to support the Nicaraguan contra rebels during a ban on such aid. U.S. District Chief Judge Aubrey E. Robinson, Jr., sentenced Abrams November 15, 1991, to two years probation and 100 hours community service. Abrams was pardoned December 24, 1992.” (see Summary of Prosecutions xxiii and Chapter 25 U.S. v. Elliott Abrams 375).

Meanwhile, National Security Adviser John Bolton, also could not contain his excitement, tweeting: “Pleased to hear that my good friend Elliott Abrams is rejoining State as Special Envoy for Venezuela. Welcome back to the fight.”

On January 27, Secretary Pompeo also issued the following statement on the appointment of Carlos Alfredo Vecchio as the Chargé d’Affaires of the Government of Venezuela to the United States:

The United States accepted interim President Juan Guaido’s designation of Carlos Alfredo Vecchio as the Chargé d’Affaires of the Government of Venezuela to the United States on January 25. Mr. Vecchio will have authority over diplomatic affairs in the United States on behalf of Venezuela.

After his accreditation, Mr. Vecchio met with Under Secretary of State for Political Affairs David Hale, who reaffirmed the United States’ strong support for interim President Guaido’s leadership of Venezuela. The United States looks forward to working with Mr. Vecchio and other diplomatic staff as designated by interim President Guaido.

 

And here is a blast from the past, a 1995 video from a Rose show of Friday 03/31/1995 with then Representative Robert Torricelli, former Assistant Secretary of State Elliott Abrams, and journalist Allan Nairn discuss the potentially illegal intervention in the Guatemalan military:

Former DocuSign CEO Keith Krach to be Under Secretary of State  for Economic Growth, Energy, and the Environment (E)

Posted: 4:04 am EST

On January 18, the WH announced the president’s intent to nominate former CEO of DocuSign Keith Krach to be the State Department’s Under Secretary of State  for Economic Growth, Energy, and the Environment (E), to be the U.S. Alternate Governor for six international banks, and as Board of Director Member for OPIC. Below via the WH:

Keith Krach of California, to be:

  • Under Secretary of State  for Economic Growth, Energy, and the Environment
  • United States Alternate Governor of the European Bank for Reconstruction and Development
  • United States Alternate Governor to the International Bank for Reconstruction and Development
  • United States Alternate Governor to the Inter-American Development Bank
  • United States Alternate Governor of the African Development Bank
  • United States Alternate Governor of the African Development Fund
  • United States Alternate Governor of the Asian Development Bank
  • A Member of the Board of Directors of the Overseas Private Investment Corporation
    Mr. Krach is Chairman and former CEO of DocuSign, and was also the co-founder, Chairman, and CEO of Ariba.  Prior to that, Mr. Krach was Chief Operating Officer of Rasna Corporation and served as the first Entrepreneur and CEO-in-Residence for Benchmark Capital.  Mr. Krach began his career at General Motors.  Mr. Krach served as Chairman of Purdue University’s Board of Trustees, Chairman of Angie’s List, and is Chairman of the DocuSign Impact Foundation.  He received his B.S. and Honorary Doctorate in Engineering from Purdue University and an M.B.A. from Harvard University.

The Under Secretary of State  for Economic Growth, Energy, and the Environment oversees the following functional bureaus at the State Department.

Per history.state.gov, on Jul 13, 1972, Congress established separate and permanent positions at the Under Secretary of State level for Economic Affairs and for Political Affairs, in the Foreign Relations Authorization Act (P.L. 92-352; 86 Stat. 490). On Aug 16, 1985, Congress changed the title to include Agricultural Affairs (P.L. 99-93; 99 Stat. 405). The Under Secretary for Economic and Agricultural Affairs serves as the principal adviser to the Secretary and Deputy Secretary (previously Under Secretary) on matters relating to foreign economic and commercial policy. Specified duties, responsibilities, and assignments have varied over time. Each incumbent is commissioned with a functional designation as part of his title. On May 12, 1994, the title was changed to “Under Secretary of State for Economic, Business, and Agricultural Affairs.” On December 8, 2011, the title was changed to “Under Secretary for Economic Growth, Energy, and the Environment.”

Going back to 1946, out of the 18 previous appointees, only two career diplomats have ever been appointed as “E” under secretary  (Mann and Larson).  This non-career nomination for the “E” bureau is not surprising. If confirmed, Mr. Krach would succeed Catherine A. Novelli who was Vice-President of Worldwide Government Affairs at Apple prior to her 2013 nomination.

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Despite shutdown, Pompeo to go on with ambassadors conference to meet his 180+ field commanders, to look them in the eye

Also, who’s fast depleting  Diplomatic Security’s residual funds?

 

Secretary Pompeo told reporters at his stop in Abu Dhabi that morale at the State Department is good despite the shutdown (see Pompeo says “morale is good”. C’mon now, it’s swaggeryfuck good!). It’s so good that despite the shutdown, and State Department personnel being furloughed or working with no pay, he will still host the ambassadors’ conference, officially called the Global Chiefs of Mission Conference in D.C. next week. Via AP:

“It’s something that we’ve had teed up for a while,” he said. “It is incredibly important that they hear directly from me. It’s an important opportunity for me to get in front of 180-plus of my commanders in the field to look them in the eye and describe to them what it is we’re doing and how it is I expect them to do that.”
[…]
Almost half of the State Department employees in the United States and about one-quarter abroad have been furloughed during the shutdown. With the exception of certain local employees overseas, the rest are working without pay, including those tasked with supporting Pompeo’s trip, which has thus far taken him to Jordan, Iraq, Egypt and Bahrain.

An excerpt from Secretary Pompeo’s January 11 message to agency employees posted on the state.gov website also says this:

We are also committed to hosting the Global Chiefs of Mission Conference in Washington, D.C. next week. Bringing together the men and women who lead our overseas diplomatic missions is essential to successfully achieving our unified mission of advancing America’s foreign policy.

Even though the Secretary’s people are quite prolific, that’s  the only Miles With Mike update we’ve seen posted online. The message is posted under  the “M” press releases but not even clearly labeled. We are guessing that we’re seeing this in the public website because furloughed employees do not have access to their government email.

In any case, the State Department — despite the poor, no good, terrible optics — will go on with the Global Chiefs of Mission conference come rain or shine, shutdown or not, rapture or not, pay or no pay. Below via FP:

The State Department has decided to move forward with a major conference for all U.S. chiefs of mission and ambassadors abroad—there are 188—who will descend on Washington from Jan. 15 to 18 for a slew of meetings and receptions. Organizing the conference is a massive logistical undertaking, and bureaus at the State Department are pulling in furloughed employees to work overtime, with no pay, to set up the conference.
[…]
The spokesman noted travel for conference was arranged and funded prior to the government shutdown. The spokesperson called the timing of the conference “crucial to the safety, security, and prosperity of the United States” and added: “Given that the Senate has just confirmed 23 ambassadors, this conference is particularly important and timely in helping them get off to the right start as they assume their duties immediately.”

Just because this was funded before the shutdown, doesn’t mean they absolutely must go on with it during the shutdown. Are they afraid that this shutdown will go on for years, and there will not be a 2019 GCOM conference? The spox called the timing of this conference “crucial to the safety, security, and prosperity of the United States”, then my golly, what do we call the timing of the shutdown that’s now entering its fourth week?

Also the latest ambassador confirmations — except for the two going to Australia and Kenya respectively, are all career diplomats who are not going on their first overseas appointments. Using them as an excuse is just lame, yo!

As of January 4, President Trump has made 136 ambassadorial appointments (67 political and 69 career appointees).  The State Department’s new  Furlough Guidance notes the pay status/exception for Presidential Appointees:

According to OPM, individuals appointed by the President, with or without Senate confirmation, who otherwise are not subject to 5 U.S.C. 6301 and attendant regulations governing leave in the Federal service, are not subject to furlough. The salary of such a Presidential appointee is an obligation incurred by the year, without consideration of hours of duty required. Thus, the Presidential appointee cannot be placed in a nonduty, nonpay status. If a Presidential appointee, however, chooses to be in a nonpay status, the appointee may return part of his salary to the employing agency, provided that the agency has authority to accept gifts, or to the Treasury. Regardless of the Presidential appointee’s choice, the appointee’s entire salary is recorded for tax purposes. The following exceptions must be noted: former career Senior Executive Service (SES) appointees who took appointments at level V of the Executive Schedule or higher and elected to retain SES leave benefits under 5 U.S.C. 3392(c), are subject to furlough at the discretion of the agency. Also, Presidential appointees to positions requiring Senate confirmation, for example ambassadors, who choose to retain SFS/SES pay and benefits are subject to furlough at the discretion of the responsible Assistant Secretary, e.g. when absent on leave.

So the political appointees attending this big do in D.C. will be on paid status, while career appointees including approximately 50 chargé d’affaires are possibly deemed onduty and on nonpay status. All participants are flying to D.C., staying at DC hotels, and will have meal & incidental expenses paid for. The event will be supported by either employees working with no pay, or furloughed employees recalled “to work overtime, with no pay, to set up the conference.”

Of course, we can imagine that the support staff will be pumping with pride and joy — and who wouldn’t?

Here they are living the life they’ve always wanted, their dysfunctional government without care is in shutdown, they’re working with no pay, and they are supporting the 70th secretary of state meeting his 180-plus commanders in the field so he can look them in the eye, before he send them off to battle.  Or something. There will be talks, and at some “glitzy cocktail receptions at four-star hotels” (reportedly not organized or paid for by the State Department), there will be food, and drinks for the guests and the field commanders. There will be photos, of course, except — wait, are official photographers considered “essential” for this event?

If morale is “good” now, we can imagine it will be fuckityfuck great when this is all over. Now, you don’t need a survey to know that so no need to hire $M-dollar consultants to perform a survey on morale after the GCOM.

Meanwhile, about the Diplomatic Security’s residual funds …

We’ve blogged previously about what accounts are funded at the State Department during the shutdown.  One of those funded is Diplomatic Security which has already urged begged posts for the “prudent use of overtime” to slow down the drawdown of its residual funding. We don’t’ know how much “available balance” is there in this bureau.  But we’ve wondered out loud (others quietly) how long will the State Department be able to pay for its local employees including local security guards at 277 overseas posts without regular funding? See #TrumpShutdown Enters 18th Day, At Least $2.5B in Costs and Counting, With No End in Sight. For potential cascading impact if Diplomatic Security is unable to make payroll for guards, see What happens after pay period #26?

Secretary Pompeo has been on foreign travel from January 8-15. The trip is taking him and his wife to 1) Amman, Jordan; 2) Baghdad, Iraq; 3) Erbil, Iraq; 4) Cairo, Egypt; 5) Manama, Bahrain; 6) Abu Dhabi, United Arab Emirates; 7) Doha, Qatar; 8) Riyadh, Saudi Arabia; 9) Muscat, Oman; and 10) Kuwait City, Kuwait.

Not only are essential/not paid employees supporting this travel, Diplomatic Security agents from the State Department and at these overseas locations must be racking up their overtime. How much overtime? Somebody please FOIA that.

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115th Congress Final Day: Some Senate Confirmations

On January 2, the final day of the 15th Congress, the U.S. Senate did one mass confirmation of State Department, USAID and UN nominees. We’re going by the names tweeted by the Senate Cloakroom on Jan. 2 as there does not yet appear to be a list of the confirmed nominees. We previously posted the names pending on the Executive Calendar waiting for full Senate votes, see our post: Yo Wanna Spank Schumer But Not @Senatemajldr McConnell For Non-Confirmation of Ambassadors? Very Unfair!

All career ambassador nominees, with four exceptions, were confirmed. For political ambassador nominations, only two out of seven were confirmed (Australia and Kenya made it through). Two USAID and one UNFAO nominees also did not get their full Senate votes.

Based on that Executive Calendar list, we note that the following names were not/not included in the mass confirmation tweeted by @SenateCloakroom. Sometime tomorrow or the next day, we expect that these names, as well as those pending on the SFRC will be returned to the White House per Senate Rule. Most of the nominations that did not get a Senate vote today, and those pending in committee will most probably be renominated by the President within the next few days. We will have a separate posts if/when these nominees are renominated.

DEPARTMENT OF STATE
Stephen Akard, of Indiana, to be Director of the Office of Foreign Missions, with the rank of Ambassador, vice Gentry O. Smith, resigned.

AMBASSADORS (CAREER)
Robert K. Scott, of Maryland, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Malawi.

Francisco Luis Palmieri, of Connecticut, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Honduras

Daniel N. Rosenblum, of Maryland, a Career Member of the Senior Executive Service, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Uzbekistan

Joseph E. Macmanus, of New York, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Colombia.

AMBASSADORS (POLITICAL)
Jeffrey Ross Gunter, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iceland.

Lynda Blanchard, of Alabama, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Slovenia

Donald R. Tapia, of Arizona, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Jamaica.

Joseph Cella, of Michigan, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Fiji, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Kiribati, the Republic of Nauru, the Kingdom of Tonga, and Tuvalu.

Kenneth S. George, of Texas, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Oriental Republic of Uruguay.

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2018 Goodbyes and Resignations

Jim Mattis Quits in Protest Over Trump’s Chaos Strategery
Brett McGurk, U.S. Envoy in ISIS Fight, Quits Over Trump’s Syria Withdrawal
Ex-Amb. to Estonia James D. Melville Writes Why He Quit
Russia Expels U.S. Diplomats, Closes Consulate General @USinStPete
Foggy Bottom Bids Goodbye to Secretary of State Rex Tillerson
U.S. Ambassador to Panama John Feeley Resigns From the Foreign Service Over Trump Policies

Secretary of Defense Jim Mattis Pens Farewell Message to Pentagon and Troops