Suspending Embassy Operations: Post and Bureau Not Told, and FOIA Redaction Fail

Posted: 1:12 am EDT
Updated: 5:28 pm EDT
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On February 25, 2011, the State Department announced the suspension of U.S. Embassy operations in Libya (see State Dept Suspends US Embassy Operations in #Libya, Withdraws All Personnel).  What we didn’t know then but we know now, thanks to the Clinton email dump, is that just a few days before that, neither the embassy nor the bureau was aware that they were suspending operations.

February 22, 2011 09:50 PM – HRC aide Jake Sullivan sent an email (partially redacted with FOIA b(5) code) to Janet A. Sanderson, the Deputy Assistant Secretary Bureau of Near East Affairs, with subject line “Suspending embassy ops” and asking “Where do we stand?”

February 22, 2011 10:14 PM – Sanderson emailed Sullivan:

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Feb 22 22:18:23 2011 (10:18 PM) – Sanderson also sent an email to M/Patrick Kennedy and Kathleen T. Austin-Ferguson, M’s Executive Assistant:

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February 22, 2011 10:37 PM – Kennedy responded to Sanderson saying he “talked to cheryl and tom” and that “they are also unaware.”“Checking with Secretary. At this moment we are NOT suspending. Fully agree not possible to do tomorrow and also risks libyan blow back.”  Email must be referencing HRC Chief of Staff Cheryl Mills and Deputy Secretary Tom Nides.

Embassy Tripoli eventually suspended operations on February 25, three days after the start of this email chain.  These emails are part of the Clinton email dump and it shows just how messed up is the FOIA at the agency.

On Feb 22 22:40:17 2011 (10:40 PM) – Sanderson responded to the Kennedy email, adding Ronald Schlicher to the email chain. Ambassador Schlicher was previously assigned to Cyprus, and also served as a DAS at the Bureau of Near East Affairs. We are not sure what was his position in 2011, but he must have been attached to NEA to be looped in in this exchange. Ambassador Schlicher was Principal DAS at the NEA bureau, and he would have been Sanderson’s boss at the time.  Here’s a clip from that email:

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Now, take a look at the email below with the same time stamp and same addresses, released as a separate email by the FOIA office at State:

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Why, they’re the same email, except that they were released as separate documents, and in the second document, the email is redacted under the b(5) FOIA exemption, also known in the FOIA community as the “Withhold It Because You Want To” Exemption.  “Yael” must have been Yael Lempert who was assigned to Tripoli as consular section chief in 2009 and featured in the NYT here for the release of four New York Times journalists in 2011 in Libya.  She may have been the acting DCM at the time of the suspension of operations.  “Joan” is presumably Joan Polaschik who was DCM and then CDA of Embassy Tripoli. She is currently the U.S. Ambassador to Algeria.

Here is what DOJ says about the b(5) exemption:

Exemption 5 of the FOIA protects “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.” (1) The courts have construed this somewhat opaque language, with its sometimes confusing threshold requirement, (2) to “exempt those documents, and only those documents that are normally privileged in the civil discovery context.” (3)

Here is what we are not supposed to read according to the FOIA ninjas, except that one of them forgot the Sharpie:

“I have just talked to post (Yael).She and Joan will work to reduce staff and send more out on ferry. Shd get down to 10- 12. She fully understands need for limited staff to stay to deal with community. Believes likely remainder will be position to leave in few days. Says situation is “worse than Baghdad in 2004-2005 “

No matter how you read the above passage, it is difficult to make the case that it fits the b(5) exemption unless you’re thinking of the “withhold it because you want to” exemption threshold.

#

Emails in full released via FOIA below:

Suspending Ops Libya – February 22, 2011 11:05 PM: https://cloudup.com/cAlO_WHTfpc

Suspending Ops Libya February 23, 2011 7:59 AM: https://cloudup.com/cD33FlF7TCo

Suspending Ops Libya February 23, 2011 8:08 AM: https://cloudup.com/cjplOQtTEmw

 

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Raymond Maxwell: Former Deputy Asst Secretary Removed Over Benghazi Pens a Poem

In December 2012, the NYT reported that four State Department officials were removed from their posts after an independent panel criticized the “grossly inadequate” security at a diplomatic compound in Benghazi, Libya, that was attacked on Sept. 11, leading to the deaths of Ambassador J. Christopher Stevens and three other Americans. According to the report,  the four officials “have been placed on administrative leave pending further action” citing the State Department’s spokeswoman as source.

The same report included a quote from Thomas R. Pickering, a former ambassador (and former #3 at the State Department)  who led the independent review  who said this: “We fixed it at the assistant secretary level, which is, in our view, the appropriate place to look, where the decision-making in fact takes place, where, if you like, the rubber hits the road.

One of those four officials is Raymond Maxwell; he is also one of the three Deputy Assistant Secretaries who were thrown under the bus in the Benghazi fallout.  He was the Deputy Assistant Secretary for Maghreb (North Africa) Affairs at the Bureau of Near East Affairs from 2011-2012. He advised the Assistant Secretary on the Maghreb and oversaw development, coordination and implementation of USG policy in the region. Previous to that, he was the Director of the Office of Regional and Multilateral Affairs (RMA) also at the Bureau of Near East Affairs from 2009-2011.  More here.

Mr. Maxwell is also a poet with hopes of becoming “a music and poetry librarian in his next life.”  This past April, we became aware that he participated in the National Poetry Writing Month, an annual project in which participating poets attempt to write a poem a day for the entire month  (see his blog).  We think one of his poems, “Invitation“is particularly striking.   How can we not appreciate the dark humor of BYOB … “because of the continuing resolution?” Certainly, the poem is blunt and aims to shock but it also makes us think that as as long as one is the boss of words, one is not totally helpless.  We received permission from Mr. Maxwell to republish the poem in this blog.

Invitation

— Posted on April 1, 2013

© 

The Queen’s Henchmen
request the pleasure of your company
at a Lynching – to be held
at 23rd and C Streets NW
on Tuesday, December 18, 2012
just past sunset.

Dress: Formal, Masks and Hoods –
the four being lynched
must never know the identities
of their executioners, or what/
whose sin required their sacrifice.

A blood sacrifice –
to divert the hounds –
to appease the gods –
to cleanse our filth and
satisfy our guilty consciences.

Arrive promptly at sunset –
injustice will be swift.
there will be no trial,
no review of evidence,
no due process, and no
accountability.

Dress warmly –
a chilling effect will instantly
envelop Foggy Bottom.
Extrajudicial.
Total impunity.
A kangaroo court in
a banana republic.

B.Y.O.B.
Refreshments will not be served
because of the continuing resolution.

And the ones being lynched?
Who cares? They are pawns in a game.
Our game. All suckers, all fools,
all knaves who volunteered to serve –
Us. And the truth? The truth?
What difference at this point does it make?

In the event of inclement weather,
or the Queen’s incapacitation,
her Henchmen will carry out this lynching –
as ordered, as planned.

* * *

Thanks to Raymond Maxwell for allowing us to republish Invitation  in this blog.

— DS