The Cautionary Tale of Raymond Maxwell: When the Bureaucracy Bites, Who Gets The Blame?

— Domani Spero
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Last week, we posted a Snapshot: State Dept Key Offices With Security and Related Admin Responsibilities and wondered why Raymond Maxwell’s former office as Deputy Assistant Secretary at the NEA Bureau did not get an organizational box. Our readers here may recall that Mr. Maxwell was one of the bureaucratic casualties of Benghazi.  Diplomatic Security officials Eric Boswell, Charlene Lamb, Steve Bultrowicz and NEA official, Raymond Maxwell were placed on paid administrative leave on December 19, 2012 following the release of the ARB Benghazi Report. On August 20, 2013, all four officials were ordered to return to duty. Mr. Maxwell officially retired from the State Department on November 30, 2013. Prior to his retirement he filed a grievance case with HR where it was denied and appealed the case to the Foreign Service Grievance Board where it was considered “moot and thus denied in its entirety.”

Our blog post last week, also received the following comment from Mr. Maxwell:

“[M]y grievance was found to have no merit by HR, and earlier this month, the FSGB found that the State Department made no errors in the way I was removed from my position, shamed and humiliated in the press, and placed on admin leave for nine months, Further, the FSGB found that I was not entitled to the public apology I sought in my grievance because I had retired. I have two options now. I can spend a great deal of money suing the Department in local courts, or I can let it go and move on with my life. My choice of the latter option neither erases the Department’s culpability in a poorly planned and shoddily executed damage control exercise, nor protects future foreign service officers from experiencing a similar fate. There is no expectation of due process for employees at State, no right to privacy, and no right to discovery.”

We spent the weekend hunting down Mr. Maxwell’s grievance case online; grievants’ names are redacted from the FSGB cases online. When we finally found it, we requested and was granted Mr. Maxwell’s permission to post it online.

The Maxwell case teaches us a few hard lessons from the bureaucracy and none of them any good. One, when you fight city hall, you eventually get the privilege to leave the premises. Two, when you’re run over by a truckload of crap, it’s best to play dead; when you don’t, a bigger truckload of crap is certain to run you over a second or third time to make sure you won’t know which crap to deal with first. But perhaps, the most disappointing lesson of all — all the good people involved in this shameful treatment of a public servant  — were just doing … just doing their jobs and playing their roles in the proper functioning of the service. No one stop and said, wait a minute …. They tell themselves this was such a  sad, sad case; they feel sorry for how “Ray” was treated. It’s like when stuff happens, or when it falls — se cayó. No one specific person made it happen; the Building made them do it. The deciding officials apparently thought, “This was not an easy matter with an easy and obvious resolution.” Here — have a drink, it’ll make you feel better about looking the other away.  See he was “fired” but he wasn’t really fired.  He was prevented from entering his old office, and then not really. Had he kept quiet and did not write those poems …who knows, ey …

We’re embedding two documents below –1) Maxwell’s FSGB case, also available online here (pdf); and 2) an excerpt from the Oversight Committee report that focused on Mr. Maxwell’s  alleged “fault” over Benghazi. Just pray that this never happens to you.

 

 

Below excerpted from the House Oversight Committee report on ARB Benghazi:

 

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Diplomatic Security Gets Bill A. Miller as New PDAS and New DSS Director

— Domani Spero

On April 14, 2014, Bill A. Miller was appointed Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service.   In the aftermath of Benghazi, Mr. Miller was appointed DAS for High Threat Posts last year (see State Dept Now Has 27 High-Threat, High-Risk Posts — Are You In One of Them?). Below is a statement from State/DS:

Bill A. Miller Screen Capture via SFRC fotage

Bill A. Miller, Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service
Screen Capture via SFRC video

A member of the State Department’s Diplomatic Security Service since 1987, Bill Miller is a career member of the Senior Foreign Service.  Mr. Miller’s previous assignment was Deputy Assistant Secretary of State for High Threat Posts in the Bureau of Diplomatic Security.

His last overseas assignment was a three-year posting as Regional Security Officer at the U.S. Mission in Cairo, Egypt.  For his leadership in guiding the U.S. Government security response to the revolutionary events of the “Arab Spring” in Egypt, Mr. Miller was awarded the Department’s Superior Honor Award.

Mr. Miller served for a year in Baghdad as the Regional Security Coordination Officer for the Coalition Provisional Authority and as the first Regional Security Officer for the newly established U.S. Mission to Iraq.  In addition to assignments in Iraq and Egypt, Mr. Miller has also served tours in Pakistan, Jerusalem, and the Philippines.

Preceding his assignment to Cairo, Mr. Miller was the Chief of the Security and Law Enforcement Training Division at the Diplomatic Security Training Center in Dunn Loring, Virginia.  Other domestic assignments have included service as the Regional Director for Contingency Operations, Chief of Counterintelligence Investigations for DSS, the Post Graduate Intelligence program at the Joint Military Intelligence College, almost five years on the Secretary of State’s Protective Detail and, his first assignment, the Washington Field Office.

Prior to entering on duty in 1987 with the Department of State as a Diplomatic Security Service Special Agent, Mr. Miller served as a U.S. Marine Infantry Officer.  Mr. Miller was honored as the 2004 Diplomatic Security Service Employee of the Year in recognition for his service in Iraq.  In addition, Mr. Miller is a recipient of the Department of State’s Award for Valor, several Superior Honor Awards, the Department of Defense Joint Civilian Service Commendation Award and the Marine Security Guard Battalion’s award as RSO of the Year.

With Mr. Miller moved up, the HTP post went to Doug Allison as new Deputy Assistant Secretary for High-Threat Posts.  The Deputy Assistant Secretary for High-Threat Posts (HTP) is responsible for evaluating, managing, and mitigating the security threats, as well as the direction of resource requirements as high-threat U.S. diplomatic missions. No bio has been posted at this time.

Another new name is Mark Hunter, who succeeded Charlene Lamb as Deputy Assistant Secretary for International Programs.  This is the position responsible for “managing and directing all Bureau of Diplomatic Security programs and policies that protect the Department of State’s international missions and personnel from the threats of terrorism, espionage (human and technical), and crime.” No bio has been posted at this time.

Finally, the position of Director for the Office of Foreign Missions, formerly held by Eric Boswell is no longer vacant. Fredrick J. Ketchem has ben appointed Deputy Assistant Secretary for Diplomatic Security and Deputy Director, Office of Foreign Missions.  This position is responsible for facilitating and regulating the tax, property, motor vehicle, customs, and travel activities of foreign missions in the United States. [see biography]

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Senate Intel Committee Benghazi Report — “Additional Views” Make Special Mentions

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— Domani Spero

On January 15, the Senate Select Committee on Intelligence (SSCI) released its 85-page report on Benghazi.  As we noted previously, the report itself is 42 pages long with its findings and recommendations. As well, there are “Additional Views” attached to the report:  a 5-page one from the Democrats on the SSIC (Senators Feinstein, Rockefeller IV, Wyden, Mikulski, Udall, Warner, Heinrich and Maine Senator Angus King);  a 16-page one from the GOP members of the Committee namely, Vice-Chairman Chambliss and Senators Burr, Risch, Coats, Rubio and Coburn and a 4-page statement by Maine Senator Susan Collins who co-authored with then Senator Joe Lieberman the HSGAC 2012 report, “Flashing Red: A Special Report on the Terrorist Attack at Benghazi.

The appended 5-page “additional views” from the Democrats talks about — talking points, terrorists vs. extremists, dropping the term “Al-Qa ‘ida”,  no protest, and talking points, again going through the interagency process. It concludes with this:

“The Majority agrees that the process to create the talking points was not without problems, so we join our Republican colleagues in recommending-as we do in the report-that in responding to future requests for unclassified talking points from Congress, the IC should simply tell Congress which facts are unclassified and let Members of Congress provide additional context for the public. However, we sincerely hope that the public release of the emails on May 15, 2013, that describe the creation of the talking points, and the evidence presented in this report, will end the misinformed and unhelpful talking points controversy once and for all.”

The appended “additional views” from the Republicans is 16-page long, almost a report in itself. It complains of “Disturbing Lack of Cooperation by the State Department”

As the Committee attempted to piece together key events before, during, and after the attacks, we faced the most significant and sustained resistance from the State Department in obtaining documents, access to witnesses, and responses to questions.”

We’re sure the State Department sees it differently. The same day the SSCI report came out, it released its Fact Sheet on the Benghazi ARB Implementation.

The GOP’s “additional views” mentions former Secretary Clinton just once, saying  that “Ultimately, however, the final responsibility for security at diplomatic facilities lies with the former Secretary of State, Hillary Clinton.”  It also point fingers at senior officials at the State Department. Who gets a special mention?

Under Secretary for Management Patrick Kennedy

“We believe the background of one senior State Department official made him uniquely situated to anticipate the potential for a terrorist attack on the Benghazi facilities. Prior to the 1998 East Africa Embassy bombings which killed 12 Americans, Under Secretary Kennedy was serving as the Assistant Secretary of State for Administration, and concurrently served as the Acting Assistant Secretary of State for Diplomatic Security. Coincidentally, some of the same failures identified by the report of the Accountability Review Board following the 1998 Embassy bombings were noted by the Benghazi Accountability Review Board. Mr. Kennedy later served in key positions in Iraq, in the immediate aftermath of the toppling of Saddam Hussein, and in the IC. The threat of terrorism, including against U.S. facilities, was not new to him, and given the security situation in Benghazi, the attacks could have been foreseen. Given the threat environment, Mr. Kennedy should have used better judgment and should be held accountable.”

Deputy Assistant Secretary for International Programs – Charlene Lamb

“While many individuals with information relevant to our review were more than forthcoming with the Committee, we are particularly disappointed that Charlene Lamb, who was the Deputy Assistant Secretary for International Programs, has refused to explain to the Committee why certain decisions were made concerning enhanced security at the Temporary Mission Facility and who ultimately was responsible for those decisions. The Committee extended invitations to Ms. Lamb on three occasions prior to and after her reinstatement each time, she refused to meet with the Committee.154 Unfortunately, even after Ms. Lamb was returned to full duty, the State Department did not make her available to the Committee, something we believe should have been a priority for both Ms. Lamb and the State Department. Based on what we have learned during the Committee’s review, we believe Ms. Lamb’s testimony is critical to determining why the leadership failures in the State Department occurred and the specific extent to which these failures reached into its highest levels.”

If the Committee really “believe” that Ms. Lamb’s testimony is “critical to determining why the leadership failures in the State Department occurred” how come it did not subpoena her to appear before the Committee?  Well, maybe just half the Committee believe that? Or maybe they had other issues to squabble about? Or like most of the American public, did they all get Benghazi’ed out?

GOP Senator Susan Collins, not noted for her extreme views or for presidential ambition, also appended a 4-page statement to the SSCI report:

The SSCI report, while adding considerably to our knowledge, would have been strengthened if it had placed greater emphasis on the lack of accountability for the broader management failures at the State Department. It would have been premature for earlier reports published in the months immediately following the attack, such as the Accountability Review Board and the “Flashing Red” report, to reach final judgments with respect to the State Department’s personnel actions because the contributing factors to the vulnerability of the facility were still being pieced together. This report could have more fully evaluated the accountability issues because sufficient time had elapsed for the State Department to demonstrate whether or not decision-makers would be held accountable for poor judgments, refusals to tighten security, and misinformation.
[…]
A broken system overseen by senior leadership contributed to the vulnerability of U.S. diplomats and other American personnel in one of the most dangerous cities in the world. This is unacceptable, and yet the Secretary of State has not held anyone responsible for the system’s failings. This leads to a perception that senior State Department officials are exempt from accountability because the Secretary of State has failed to hold anyone accountable for the systemic failures and management deficiencies that contributed to the grossly inadequate security for the Benghazi facility.
[…]
While I support the SSCI report and appreciate its thorough analysis of much of what went wrong, I believe that more emphasis should have been placed on the three issues I have discussed: (1) the Administration’s initial misleading of the American people about the terrorist nature of the attack, (2) the failure of the Administration to hold anyone at the State Department, particularly Under Secretary Kennedy, fully accountable for the security lapses, and (3) the unfulfilled promises of President Obama that he would bring the terrorists to justice.

The SSCI report does not include details about the Benghazi fallout at the State Department. Except for one mention of Charlene Lamb, none of the other three officials put on administrative leave by the State Department made it to the report.

And life goes on. Perhaps in time, history.state.gov will afford us a view of the memcons during the internal deliberations at Foggy Bottom during and after this crisis — who said what and when, and who did what, where and when.  We still haven’t seen all the Kissinger telcons so, this may take a few decades, too.

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Email of the Day: “I hope that nobody is injured …”

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— Domani Spero

Via SSCI Benghazi Report (p74 of 85) |

According to Mr. Nordstrom, the previous U.S. Ambassador to Libya, Gene Cretz, and his Deputy Chief of Mission (DCM), Joan Polaschik, traveled to Washington in mid-February 2012 to specifically ask for additional security personnel. 155 in addition to meeting with Ms. Lamb, they met separately with Mr. Kennedy and other senior officials. Yet, when the Libyan mission transmitted its official request for additional security personnel on March 28, 2012, the push back from Ms. Lamb’s office was swift and significant. While the request, which included five temporary duty Diplomatic Security agents in Benghazi, was clearly reasonable, one of Ms. Lamb’s subordinates asked Mr. Nordstrom why the official cable sought “the sun, the moon, and the stars.” When Mr. Nordstrom stated that he did not understand why this was an issue, the response from Ms. Lamb’s office Was telling: “Well, you know, this is a political game. You have to not make us look bad here, that we’re not being responsive.” 156 in a disturbingly prophetic e-mail to DCM Polaschik following this exchange, Mr. Nordstrom wrote:

I doubt we will ever get [Diplomatic Security] to admit in writing what I was told [in] reference [to] Benghazi that OV[International Programs] was directed by Deputy Assistant Secretary Lamb to cap the agents in Benghazi at 3, and force post to hire local drivers. This is apparently a verbal policy only but one which DSIIP/[Near Eastern Affairs] doesn’t plan to violate. I hope that nobody is injured as a result of an incident in Benghazi, since it would be particularly embarrassing to both DS and DAS [Lamb] if it was a result of some sort of game they are playing.

Mr. Eric Nordstrom - Regional Security Officer, U.S. Department of State (second from left on the full witness panel) "The Security Failures of Benghazi" House Committee on Oversight and Government Reform Hearing, 10-10-12 (Photo via Oversight and Reform Committee/Flickr)

Eric Nordstrom – Regional Security Officer, U.S. Department of State (second from left on the full witness panel)
(Photo via Oversight and Reform Committee/Flickr)

Foreign Policy writes that the SSCI findings are “a case study in how no one and everyone in the State Department, the U.S. intelligence community, and the White House has been held responsible for an attack that has fueled a political firestorm in Washington — and left four Americans dead.”

No one and everyone.

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Dear Senior State Department Official – It’s Time to Go

— By Domani Spero

I had to stop watching the Daily Press Briefing – Ms. Harf, the Deputy Spokesperson is way too chirpy for such a serious topic.

In any case, lots of questions about the Other Benghazi Four. We hope to have a recap for that later.  In the meantime, The Daily Beast and a couple other news outlet carried a statement from a senior State Department official (certainly authorized to speak about this but unnamed for a reason) saying this:

“As soon as he came into the department, Secretary Kerry wanted to invest the time to review the ARB’s findings and match those against his own on-the-job findings about security,” the senior State Department official said. “He’s been hands-on focused on building on the lessons learned from the Benghazi attack to strengthen security at missions world-wide and continue the ARB’s security paradigm shift.”

And this:

“[Secretary Kerry] studied their careers and studied the facts,” the official said. “In order to implement the ARB and to continue to turn the page and shift the paradigm inside the Department, the four employees who were put on administrative leave last December pending further review, will be reassigned inside the State Department.”

And just to make sure you you don’t misunderstand, the senior State Department official told The Daily Beast this:

“After consideration, Kerry reaffirmed the ARB’s finding that no employee breached their duty or should be fired but rather that some should be reassigned, the official said. The four individuals are not blameless, and the fact that they will not be returned to the same positions is relevant, the official said.”

Wuh duh ma huh tah duh fong kwong duh wai shung! Holy mother of god and all her wacky nephews!   Two questions:

Who the frack still uses words like “paradigm shift”?

If the four individuals are “not blameless” … well then — who are the individuals blameful for this?

If you think, returning these four to work will end this circus, that couldn’t be more wrong. House Oversight Committee Chairman Darrell Issa (R-CA) issued the following statement promising an expanded investigation.

Obama administration officials repeatedly promised the families of victims and the American people that officials responsible for security failures would be held accountable. Instead of accountability, the State Department offered a charade that included false reports of firings and resignations and now ends in a game of musical chairs where no one misses a single day on the State Department payroll. It is now clear that the personnel actions taken by the Department in response to the Benghazi terrorist attacks was more of a public relations strategy than a measured response to a failure in leadership.

In the course of our investigation, the Oversight Committee learned that the State Department’s review of these four individuals did not include interviews with them or their supervisors to either substantiate or challenge allegations. The Oversight Committee will expand its investigation of the Benghazi terrorist attack to include how a supposed ‘Accountability Review Board’ investigation resulted in a decision by Secretary Kerry not to pursue any accountability from anyone.

We recognize that Secretary Kerry inherited this baggage from the Clinton tenure.  But it should not have lasted this long.  Eight months long after the ARB report and a month shy of the first anniversary of the Benghazi attack. What were you folks thinking?

Secretary Kerry was ill-served by senior officials in Foggy Bottom protecting their own skin.  When he came into the State Department, Secretary Kerry should have 1) declassified the ARB section laying blame on these four officials, 2) allowed these four officials to see the “evidence” against them and 3) ensured that the four individuals receive legal counsel and had the ability to defend themselves.  Isn’t that how we preach things ought to be done under the rule of law?   And most certainly, the process of evaluating whether or not these four deserves firing or not should have been made public and not done behind locked doors.  Of course, there’s no way to control how things go in the light of day.  But that’s the risk that should have been worth taking.  Right now, the State Department’s doors smell like cow-dung mud bricks. Some house cleaning is in order. This institution deserves more.

Maybe some senior State Department official ought to go spend more time with his family.  It’s time to go.

So I’ll play my role in the mean time
but the curtains have fell, I’ve got no lines
What’s left to say if it’s been said before

I’ve searched my self for an answer I know

It’s time to go

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The Other Benghazi Four: Lengthy Administrative Circus Ended Today; Another Circus Heats Up

— By Domani Spero

They were the bureaucratic casualties of Benghazi.  Diplomatic Security officials Eric Boswell, Charlene Lamb, Steve Bultrowicz and NEA official, Raymond Maxwell were placed on paid administrative leave on December 19, 2012 following the release of the ARB Benghazi Report (See Issa — Kerry Paper Shuffling Saga: What’s With the 7-Month Administrative Leave?).

Today, eight months to the exact day when the four officials were put on ice,  the State Department has reportedly decided to end their administrative leave status.  All  four officials have reportedly been ordered to return to duty tomorrow, August 20 at 9:00 a.m. It is not yet clear what positions they will go back to when they return to Foggy Bottom.   At least one of them, Mr. Boswell already has a successor awaiting Senate confirmation as Assistant Secretary of State for Diplomatic Security.

Putting these four back to work, of course, does not answer why they were put on paid admin leave in the first place. But don’t worry. We are confident that the State Department’s spokesman will be able to explain this whole circus to the inquiring public by citing issues of employee confidentiality.

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Meanwhile, the Human Abedin circus appears to heat up without any help from sexting scandal magnet, Carlos Danger.  We should note that we do not believe Ms. Abedin is a Muslim Brotherhood princess sent to infiltrate the United States.  However, we are interested on her special employment arrangement at the State Department following the birth of her child.  The NYT recently reported that the senior Senator from Iowa Chuck Grassley has been asking questions about Huma Abedin’s employment arrangement with the State Department.  The NYT is also curious and fielded its own questions.  The State Department, of course, cited employee confidentiality issues and declined to answer these questions. And that, of course, makes this case even more interesting.

The questions Mr. Grassley and his staff are still seeking answers to include: who in the department specifically authorized the arrangement for Ms. Abedin; who in the department was aware of her outside consulting activities; copies of contracts Ms. Abedin signed with private clients; and the amount she earned from those contracts.

In addition, The New York Times asked the State Department to provide the titles and job descriptions of other individuals the department has permitted to serve in the capacity of special government employee, and whether any of Mrs. Clinton’s other political appointees were given the special designation.

The department has declined to do so, citing issues of employee confidentiality.

The NYT report points out that Ms. Abedin, in addition to being a “special government employee” at the State Department also worked for three other entities:

Ms. Abedin, 37, a confidante of Mrs. Clinton’s, was made a “special government employee” in June 2012. That allowed her to continue her employment at State but also work for Teneo, a consulting firm, founded in part by a former aide to President Bill Clinton, that has a number of corporate clients, including Coca-Cola. In addition, Ms. Abedin worked privately for the Clinton Foundation and for Mrs. Clinton personally.

While Senator Grassley maybe accused of playing politics here, we totally agree with him when he says that “basic information about a special category of employees who earn a government salary shouldn’t be a state secret.”   Further, he also said, “Disclosure of information builds accountability from the government to the taxpaying public. Agencies that lose sight of transparency also lose public trust.”

In a statement to The Times on Sunday, a State Department spokesman said: “Ms. Abedin was invaluable to the secretary and her entire operation, providing a breadth of broad-based and specific expertise from her years in the White House and at the department that was irreplaceable.”

These folks are talking about a special government employee or SGE. The Office of Government Ethics explains:

Congress created the SGE category in 1962 when it revised the criminal conflict of interest statutes. Congress recognized the need to apply appropriate conflict of interest restrictions to experts, consultants, and other advisers who serve the Government on a temporary basis. On the other hand, Congress also determined that the Government cannot obtain the expertise it needs if it requires experts to forego their private professional lives as a condition of temporary service. Since 1962, the SGE category has been used in a number of statutes and regulations as a means of tailoring the applicability of some restrictions.

As defined in 18 U.S.C. § 202, an SGE is an officer or employee who is retained, designated, appointed, or employed to perform temporary duties, with or without compensation, for not more than 130 days during any period of 365 consecutive days. The SGE category should be distinguished from other categories of individuals who serve executive branch agencies but who are not employees, such as independent contractors (who are generally not covered by the ethics laws and regulations at all). Also, although many SGEs serve as advisory committee members, not all members of advisory committees are SGEs.

According to AFSA, the State Department had 104 Schedule C employees in 2012.  However, the personnel statistics we’ve looked at does not specify how many SGEs work at the State Department.  It would be interesting to see how many Schedule C employees also became SGEs and had similar employment arrangements to Ms. Abedin who resigned from State on Feb. 1. If Ms. Abedin became an SGE in June 2012 as reported, and resigned in February 2013, that’s more than 130 days.  It would be shocking, of course, if there are no exemptions to that 130-day rule since Congress made the rule.

The NYT report also cited Ms. Abedin’s response:  “Ms. Abedin, in a letter she wrote last month in response to Mr. Grassley’s inquiry, said she had sought the special status because she had recently given birth to her son and wanted to remain in New York while continuing to work for the department.”

How many other new moms at the State Department wanted that opportunity, too, we wonder?

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Issa — Kerry Paper Shuffling Saga: What’s With the 7-Month Administrative Leave?

— By Domani Spero

On July 31, House Committee on Oversight and Government Reform Chairman Darrell Issa fired another letter to Secretary of State John Kerry inquiring about the status of the four State Department personnel officially assigned blame over the disaster in Benghazi.  Diplomatic Security officials, Eric Boswell, Charlene Lamb, Steve Bultrowicz and NEA official, Raymond Maxwell were placed on paid administrative leave following the release of the ARB Benghazi Report in December 2012.  To-date, these officials have been on bureaucratic limbo with an end promised; though the “when” does not appear to be in sight.

We’ve lost count how many Issa letters are fluttering around the hallways of Foggy Bottom. And we’ve lost count how many pages of paper reportedly have been provided by the State Department to Congress. We heard pages and pages and pages of papers.  We trust that the papers provided actually contained or will contain relevant information, and not the telephone directories or photocopies of the Foreign Affairs Manual or the Foreign Affairs Handbook.

Seriously, we are pissed at this paper shuffling saga playing out between the State Department and Congress.  In a perfect world, the Oversight Committee should focus on what went wrong, what can be done to prevent another Benghazi from happening and forget about 2016.  In a perfect world, the State Department and the CIA should acknowledge their faults and shortcomings in what happened and help the American public understand the human cost of doing work in the dark corners of the world.   That is a naive view, of course.  In the real world, these folks are playing a game of mud, assuring the public that one mud is clearer and cleaner than the other. Frankly, that’s all horseshit, with apology to the horse. And while this game is playing on, there are real life consequences.

The DS bureau has been described as in a “hell of hurt” these days.  Not only because it lost three of its top officials in one messy swoop, but also because one of those officials was an important cog in the assignment wheel of about 1,900 security officers.  If the assignments of DS agents overseas have been a great big mess for the last several months, you may account that to the fact that Ms. Lamb, the person responsible for managing and directing all Bureau of Diplomatic Security programs and policies including personnel, had been put inside a deep freezer.  While planning has never been a State Department strength, succession planning is altogether a foreign object.  No nominee has been announced to succeed Ms. Lamb as Deputy Assistant Secretary for International Programs.  Robert Hartung, the Assistant Director for Threat Investigation and Analysis Directorate has been appointed the Acting Deputy Assistant Secretary for International Programs according to the DS website.  The State Department telephone directory, however, has not even bothered  to list Mr. Hartung as acting DAS for International Programs.

Note and question of the day:  “Diplomatic Security is under intense pressure following Benghazi so now all resources are put towards “high threat” areas.  Nevertheless, experienced and well regarded DS officers at overseas posts are finding it impossible to stay out – even when they are the first choice for the receiving post.  When it gets to the panel – DS management declines to allow the agents to be paneled for the job.  I’ve known experienced agents being turned down for Yemen, Afghanistan, Pakistan and Iraq because they’ve “been out too long.”  This is not an issue for other Foreign Service officers so why is it for Diplomatic Security?”

Got that in our inbox today.  Don’t know the answer except perhaps to point out that there is no/no email inside the freezer.

In any case, Mr. Issa’s July 31 letter to Secretary Kerry provides some interesting items.

1.  Apparently, the Committee has heard testimony from all four individuals faulted by the ARB, as well as their supervisors and colleagues. Witnesses reportedly testified that the Department offered “assurances” to Boswell, Bultrowicz, Lamb and Maxwell that their administrative leave status would be temporary and that they would return to new assignments within the Department.  Those assurances  seem to indicate that  the firing is part of a PR strategy more than accountability. Did State expect all four officials to just stay quiet as rocks until the political storm blows over?   A side note — Gregory Starr, recently nominated to succeed Boswell as top boss of Diplomatic Security praised these officers before Congress for giving “their careers to diplomatic security as well and the security of the Department of State.”  They are all praiseworthy enough that seven months on and the Secretary of State still has no idea what to do with them.

2.  And because Mr. Issa is still enamored with the Benghazi Talking Points, his letter brings up former spokeswoman Victoria Nuland’s “promotion” to be Assistant Secretary for the Bureau of European and Eurasian Affairs.  He also brought up former NEA PDAS Elizabeth Dibble who was recently appointed as Deputy Chief of Mission to London.  And Greg Hicks, former DCM at US Embassy Tripoli who was apparently unable to find a “comparable overseas assignment” ten months after curtailing from Libya.

3. The only person from the NEA Bureau officially assigned blamed by the ARB was Deputy Assistant Secretary Raymond Maxwell.  He was apparently singled out because he stopped attending morning meetings held to read certain intelligence material, which, according to witnesses interviewed by the Committee, contained no information that would have caused Maxwell or anyone else to adjust the security posture at Special Mission Benghazi.  The Acting NEA boss, Ambassador Elizabeth Jones, who supervised Maxwell, reportedly agreed with the ARB’s conclusion that it was inappropriate for Mr. Maxwell to stop attending the daily intelligence read-book meetings. She testified, however, that Maxwell’s failure to read the daily intelligence had no connection to the inadequate security posture of the U.S. mission in Benghazi.  So, of all the people working in the NEA bureau, how did Mr. Maxwell become “it”?

4.  Apparently, neither Ambassador Jones nor Eric Boswell viewed “administrative leave” as a common practice, and according to Mr. Issa’s letter, neither was aware of any prior use of such an extended period of administrative leave.  Neither of them ever heard of Peter Van Buren who was locked out of Foggy Bottom and placed on paid administrative leave for about a year? Well, that is interesting.

5.  Eric Boswell reportedly testified that a State Department senior official told him the period of paid administrative leave would be brief. So, not only temporary but also brief.  Damn, what’s the world coming to … if you can’t even trust a senior State Department official’s words of reassurance.  Mr. Boswell should have had in writing the meaning of the word “brief.”  Just saying.

Mr. Issa’s letter requires answers to the following 10 questions for Secretary Kerry; well he’s the Secretary of State, his staff or those same senior officials will obviously task worker bees to work on an acceptable response to Congress.

  • Who made the decision to place the four individuals named in the ARB report on paid administrative leave?
  • For each of the four individuals on paid administrative leave, when was the decision made and what were the specific reasons for the decision?
  • What is the State Department’s internal definition of paid administrative leave?
  • Please describe any steps the Department has taken to evaluate the respective performances of the individuals who were placed on paid administrative leave.
  • Besides the findings of the ARB, what information is being considered as part of the performance evaluation process?
  • Who is conducting the performance evaluation(s)? Who will make a recommendation regarding how the administrative leave status should be resolved?
  • Is the Department delaying a final determination due to the ongoing congressional investigation or any other ongoing review, including, but not limited to a review being conducted by the Office of the Inspector General? If yes, please identify the investigation or review that is delaying the final determination.
  • Does the Department intend to offer individuals placed on paid leave a formal opportunity to respond to the ARB’s criticisms of their conduct before making final decisions? Will their responses be made public?
  • How many times have you been briefed on the status of each of the four individuals placed on paid administrative leave?
  • Explain why you have been unwilling or unable to reach decisions on these important personnel matters.

Unfortunately, Mr. Issa did not ask the more important questions. What actions did these four individuals take that made them blamable for Benghazi?   What evidence did the ARB have against these individuals and why are those kept classified?  Was any one of them directly responsible for opening up the Special Mission in Benghazi? Was anyone of them directly responsible for whatever agreement the State Department-CIA had on the security and operation of the temporary mission?  Was anyone of them directly responsible for turning down the request for more security? Why were they given assurances that their administrative leave status would be temporary and that they would return to new assignments within the Department if an investigation was ongoing?  These assurances — do these assurances  show the predetermined  nature of whatever investigation? Because if there is an investigation, and no one as yet know how it will turn out, how can anyone make stupid promises like these?

Were these promises to the four individuals routinely made to FSOs in trouble like Peter Van Buren?  Peter — yohoo! Did anyone ever tell you  your admin leave status would be temporary and that you would return to a new assignment within the Department at the conclusion of your investigation? What? They padlocked the door after you?

Oh hey, is it true that folks in the upper echelons of the State Department — those who are looked up as leaders and as models of behavior by the rank and file — no longer even look in the mirror afraid of what they’ll see there? Ay madre de dios!

Below is Mr. Issa’s letter in full.  Click on the lower right hand corner of the Scribd screen to display the letter in full screen.   WARNING: Reading may put you on full jaded and sour mood. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State Dept Now Has 27 High-Threat, High-Risk Posts — Are You In One of Them?

By Domani Spero

 

Two top Diplomatic Security officials went before the Senate Foreign Relations Committee for the July 16 hearing on S.980, The Embassy Security and Personnel Protection Act of 2013:  The guy who currently holds three jobs, Gregory B. Starr (Acting Assistant Secretary for Diplomatic Security, Principal Deputy Assistant Secretary for Diplomatic Security, and Director of the Diplomatic Security Service) and Bill Miller, the Deputy Assistant Secretary of High Threat Posts.

McClatchy reports that the officials told the Senate that fifteen diplomatic posts in high-threat areas fail to meet safety standards 10 months after the Benghazi attacks.  Mr. Starr was quoted saying, “We cannot retrofit many of our buildings to withstand blasts or direct attacks without the ability to move to a new location . . . and build a new facility.”

The Starr testimony is here, and the Miller testimony is here.

AA/S Star’s testimony includes this:

DS is hiring 151 new security professionals this and the next fiscal year, many of whom will directly serve at or provide support to our high-threat, high- risk posts. We are also working very closely with the Department of Defense (DOD) to expand the Marine Security Guard program, as well as to enhance the availability of forces to respond in extremis to threatened U.S. personnel and facilities. We recently worked with DOD and the U.S. Marine Corps to elevate personnel security as a primary mission of the Marine Security Guards. Each of these efforts enhances the Department’s ability to supplement, as necessary, the host government’s measures in fulfilling its obligations under international law to protect U.S. diplomatic and consular property and personnel.

Missions overseas with some exceptions typically get one RSO and one ARSO. According to a March 2013 statistics, Diplomatic Security has 1,951 Security Officers (diplomatic couriers, engineers and techs excepted). It is slated to grow by 151 in FY2013 and another 151 in FY2014 to a total of 2,253. This is the crew that staff eight field offices in the United States, most of 284 posts overseas, the expanded DS offices in Afghanistan, Iraq and Pakistan and the newly designated high-threat, high-risk posts that now numbers 27. These are the same folks that provide security to the Secretary of State seven days a week, 24 hours a day, everywhere he travels in the world, as well as protective security details for cabinet-level foreign dignitaries who visit the United States.

We have some two months left in the fiscal year. Whoever is hired or will be hired for the remainder of this fiscal year and next year still has to undergo required training.  At this point, can we really count on those additional 151 new security professionals to serve or provide support to these 27 high threat posts?

In May 2013, in its announcement of the ARB Benghazi recommendation implementation, the Department said this:

“All high threat posts now have a minimum of a one-year tour of duty. We are planning to ensure overlap between incumbent and incoming positions to facilitate continuity of operations at high threat posts. Temporary duty assignments are set at a minimum of 120 days.”

That looks good on paper but you can’t do overlap if you can’t staff positions with incoming personnel. There is a limited pool of available agents with high-threat tactical training, and a good number of them are probably deployed to AIP posts. Some have also done back to back one-year postings between Iraq and Afghanistan. Then there’s Pakistan, Libya, Yemen and all that …

From our burn bag: “Another round of TDY requests for high-threat posts went unfilled with exactly ZERO DS agents volunteering. DS is now at the point where they’re threatening to direct agents to these high-threat locations for periods of 45 to 60 days.”

Even if DS is successful in ordering TDY directed assignments to high threat locations for 45-60 days, that is only half the duration State had previously cited as a minimum TDY length on its the Benghazi ARB implementation. And it would be exactly the same as the Libya TDYs, which, according to RSO Eric Nordstrom were 8-weeks duration or 56-day temporary duty assignments.

The Department also said that it “established a High Threat Board to review our presence at High Threat, High Risk posts; the Board will review these posts every 6 months.”

May 20, 2013 see State Dept Announces Implementation of 24 Out of 29 ARB Benghazi Recommendations

Fast-forward to July 2013, there are now 27 posts which fall under the high- threat, high-risk designation. And the DAS for the High Threat bureau just told Congress that the list will be reviewed annually, at a minimum, and more frequently as needed.

After the September 2012 attacks on our facilities in Libya, Yemen, Tunisia, Sudan, and Egypt, the Department reviewed its security posture and created my position, the Diplomatic Security Deputy Assistant Secretary of High Threat Posts, also known as HTP, along with a staff of security professional to support high-threat, high-risk posts. The Department assessed our diplomatic missions worldwide and weighed criteria to determine which posts are designated as high- threat, high-risk – there are now 27 posts which fall under this designation. This designation is not a static process and the list will be reviewed annually, at a minimum, and more frequently as needed. As emergent conditions substantially change, for better or for worse, at any post worldwide, high-threat, high-risk designations will shift, and missions will be added or deleted from this category. The HTP Directorate I oversee will lead the security operations in these high- threat, high-risk posts around the world, coordinate strategic and operational planning, and drive innovation across the broad spectrum of DS missions and responsibilities. We continue to work closely with the Regional Bureaus to ensure that everyone has visibility of the security threats at our posts.

We do not have a complete list of the high threat posts except the 17 posts already reported by the National Review Online in November 2012 from a State Department announcement, and CBS News here in December 2012 with a “senior State Department official” as source. See New Diplomatic Security Office to Monitor 17 High Threat Diplomatic Missions (With ARB Update) Dec 8, 2012 and State Dept’s New High Threat Posts Are Not All Danger Posts Dec 9, 2012.

As of this writing, the positions of Assistant Secretary of State for Diplomatic Security (formerly held by Eric Boswell), Deputy Assistant Secretary for International Programs (formerly held by Charlene Lamb) and Director for the Office of Foreign Missions (formerly held by Eric Boswell) remain vacant.

During the same hearing, Mr. Starr, according to McClatchy told senators that Secretary Kerry was reviewing those on administrative leave, as well as the circumstances of the attack but went on to praise the reprimanded officers.

“These are people that have given their careers to diplomatic security as well and the security of the Department of State, and I have a great deal of admiration for them,” Starr said. “It does not excuse the fact that we had a terrible tragedy in Benghazi . . . (but) all through the years that we’ve had multiple attacks in Yemen and in Afghanistan and in Iraq, those people performed admirably.”

It’s been almost seven months to the day three DS and NEA officials were put “on administrative leave pending further action.” Are these positions open because these officials will potentially return to these jobs after their administrative investigations conclude or is it because the government’s case is not going anywhere? Also, Secretary Kerry has been on the job for about six months now and on travel for over two months (68 days on travel since assuming post), visiting 27 countries, logging 134,691 miles along the way.

When does he even get the time?

👀

 

 

 

 

 

 

Congress Seeks Details on Status of Four State Dept Employees ‘Fired’ Over Benghazi

— By Domani Spero

Express mail has been terribly busy between the Hill and Foggy Bottom. On May 28, the House Oversight Committee issued a subpoena for “documents and communications referring or relating to the Benghazi talking points” from ten current and former State Department officials.

The very next day, U.S. Rep. Ed Royce (R-CA), Chairman of the House Foreign Affairs Committee, along with 14 other Members of the Committee, also called on Secretary Kerry to detail what personnel actions the State Department has taken regarding the four Department employees who were cited by the Accountability Review Board (ARB) for displaying “leadership and management deficiencies” that led to the grossly inadequate security at the diplomatic facility in Benghazi last year.

In December last year, State Spokesperson, Victoria Nuland said: “The ARB identified the performance of four officials, three in the Bureau of the Diplomatic Security and one in the Bureau of Near East Asia Affairs….The Secretary has accepted Eric Boswell’s decision to resign as Assistant Secretary for Diplomatic Security, effective immediately. The other three individuals have been relieved of their current duties. All four individuals have been placed on administrative leave pending further action.”

You might want to read WaPo’s The Fact Checker – Has anyone been ‘fired’ because of the Benghazi attacks?

Below is an excerpt of Mr. Royce’s letter to Secretary Kerry:

As part of our inquiry, Committee Members have repeatedly asked the State Department to explain the employment status of certain Department personnel who were cited by the Accountability Review Board (ARB) for displaying “leadership and management deficiencies” that led to the inadequate security in Benghazi.

Initial reports indicated that these officials were “relieved of their duties,” thus implying their employment had been terminated.  However, by all accounts, these individuals have instead been placed on administrative leave and may or may not be returning to work.  Moreover, at least one of these individuals has stated that he has still not been informed of why he was removed from his position within the Department, or been allowed to view the ARB’s conclusions with respect to his job performance.  The Department’s handling of these matters is of great concern to the Committee, other Members of Congress, and the public.

When appearing before the Committee on April 17, 2013, you testified that you would soon be weighing in on an “internal review and analysis” of the performance of these individuals with respect to their handling of security issues.  Now that over one month has passed since your testimony, and over a full five months have passed since the ARB issued its report, we expect an immediate update on this process, and confirmation as to whether the referenced personnel are still employed by the Department.

Additionally, if these officials are still employed but on administrative leave, please describe what steps the Department has taken to resolve the issue of their employment status.  Please also provide a detailed account of any action taken by these officials to challenge the findings of the ARB report, including their basis for doing so.  Lastly, if any of these individuals are no longer employed by the Department, please provide a detailed explanation of the circumstances leading to the termination of their employment.

The full text of the letter is here.

The “at least one of these individuals” referred to in the letter above is without a doubt, Raymond Maxwell who told The Daily Beast that “nobody from the State Department has ever told him why he was singled out for discipline and that he has never had access to the classified portion of the ARB report.”

So now Congress wants details on what the State Department did to Diplomatic Security Assistant Secretary Eric J. Boswell, PDAS Scott P Bultrowicz, DAS Charlene R. Lamb and  NEA DAS Raymond Maxwell.

Ahnd, so do we!!

Obviously since there was no leadership and management deficiencies at the top … well, we need to see what the bureaucracy actually does to officials below who are deemed deficient in leadership and management.

But — hey, do you know why this is taking so long?  Are they still researching the Foreign Affairs Manual (FAM) so they can break the um … administrative gridlock?  Or are they updating the FAM so they can have a citation to cite?

Waiting bored until somebody translates this bureaucratic puzzle into something understandable for Congress and the neighbors …

(-__-)

Update: On May 30, the State Department was specifically asked about this during the Daily Press Brief, and here is the official word from the podium:

QUESTION: Okay. You’re aware of this letter that Congressman – also Chairman – Royce has sent inquiring as to the status of the four individuals who the ARB singled out in their classified version. Do you have an answer to – well, one, have you responded to him, and two, can you – if you have or if you haven’t, can you give us any update on what those – on what their status is —

MS. PSAKI: Well, we just received the letter yesterday, so I’m not aware of a formal response at this time, although that is something that we do do in response to letters, of course. I have seen the content of the letter. There’s no real mystery here. We talk – we’ve talked about this. I have talked about this from the podium, so let me walk you through a couple of status issues. One is the Secretary is briefed regularly by his senior staff and is focused on not only continuing the ongoing cooperation with Congress, but on implementing the ARB recommendations and coming to a conclusion on the status of these four individuals. He has publicly made that clear that he considers – and that he’s considering a number of factors.

As we’ve talked about a little bit before, career Foreign Service employees are entitled to due process and legal protections under the Foreign Service Act with respect to any potential disciplinary action, and Secretary Kerry, as he said in his budget testimony, there are a set of rules and standards that govern personnel actions such as these, and any actions must be considered with a full understanding of options.

So in terms of what the status is, he continues to review with all those factors —

QUESTION: Okay. Still pending?

MS. PSAKI: — and will make a decision soon.

In short, still pending.

(-__-)

 

 

 

 

Accountability Review Board Fallout: Who Will be Nudged to Leave, Resign, Retire? Go Draw a Straw

Various news outlet described the Accountability Review Board’s unclassified report in the following terms:

NYT: Panel Assails Role of State Department in Benghazi Attack

ABC News: Benghazi Review Finds ‘Systemic Failure’

USA Today: Benghazi review slams State Department on security

Also that the ARB has “harsh” criticisms, “faults” State and on and on …
Well, did we expect that it would be otherwise when four people died and some more wounded?

We blogged in the early morning about the unclassified report released last night (see Accountability Review Board Singles Out DS/NEA Bureaus But Cites No Breach of Duty).

We were going through the recommendations when we just saw the news that heads are starting to well, as the cliché goes, roll.

While the ARB report did not fault any one person, CBS News is reporting that Eric Boswell, the Assistant Secretary of State for Diplomatic Security at the State Department, has resigned.

An official  speaking on condition of anonymity because he was not authorized to discuss personnel matters publicly told  the AP that Eric Boswell, as well as Charlene Lamb, the Deputy Assistant Secretary for International Programs responsible for embassy security, “stepped down under pressure after the release of the report.” The third official with the Bureau of Near Eastern Affairs also reportedly stepped down but was not identified.

We kinda expected this. But the bureaucratic casualties appear to be firewalled for the moment at the bureau level.  The DS bureau is under the Undersecretary for Management, encumbered by popular Hill witness, Patrick Kennedy.  The NEA Bureau is under the Undersecretary for Political Affairs, encumbered by political appointee, Wendy Sherman who assumed office in September 2011.

The ARB on DS and NEA bureaus:

“The DS Bureau showed a lack of proactive senior leadership with respect to Benghazi, failing to ensure that the priority security needs of a high risk, high threat post were met. At the same time, with attention in late 2011 shifting to growing crises in Egypt and Syria, the NEA Bureau’s front office showed a lack of ownership of Benghazi’s security issues, and a tendency to rely totally on DS for the latter. The Board also found that Embassy Tripoli leadership, saddled with their own staffing and security challenges, did not single out a special need for increased security for Benghazi.”

And this:

“Throughout the crisis, the Acting NEA Assistant Secretary provided crucial leadership guidance to Embassy Tripoli’s DCM, and Embassy Tripoli’s RSO offered valuable counsel to the DS agents in Benghazi.”

A note on the Bureau of Near Eastern Affairs: Since June 2012, the bureau has been headed by Elizabeth Jones in an acting capacity.  She was previously Deputy Special Representative for Afghanistan and Pakistan. The NEA bureau was headed by Jeffrey Feltman from August 2009 to June 2012 when he retired from the Foreign Service.  He is currently the UN Under-Secretary-General for Political Affairs. If she is nudged out when she was on the job barely three months when Benghazi happened, we might think that the pressured shakeup is for purposes of appearances.

Update: AP is now reporting that Raymond Maxwell, the deputy assistant secretary of state who oversees the Maghreb nations of Libya, Algeria, Tunisia and Morocco is the NEA official who reportedly resigned.  That’s like one of the number #3s in the bureau. Not the Assistant Secretary, not the Principal Deputy Assistant Secretary but one of NEA’s seven officials below PDAS.  So if Eric Boswell retired from DS last month, somebody, anybody at the DS Front Office would have been pressured to stepped down, too?

Folks, we do not like the look of this bureaucratic firewall. The NEA resignation if true looks contrived and the artificiality offends us.  What decisions regarding Benghazi did Mr. Maxwell actually do, that the NEA Assistant Secretary and Principal Deputy Assistant Secretary and their bosses at “P” and beyond did not sign off?  Did the seven NEA officials below PDAS had to draw a straw on who should step down? Inquiring minds would like to know.

domani spero sig