Posted: 12:13 am EDT
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Senate Judiciary Committee chairman Chuck Grassley has been keeping the records folks awake in Foggy Bottom. Last week, he directed his attention on the missing permanent IG at the State Department from 2008-2013. Over two years late but this gotta be good.
The previously Senate-confirmed OIG for the State Department was Howard J. Krongard who announced his resignation on December 7, 2007 and left post on January 15, 2008. President Obama nominated the current IG Steve Linick in June 2013. The U.S. Senate confirmed his nomination on September 17, 2013 and Mr. Linick officially started work at the State Department on September 30, 2013. (By the way, on October 1, the federal government went on shutdown and Mr. Linick’s office was one of the very few offices at the State Department whose employees were put on furlough). The vacancy at the IG’s office lasted more than five years before President Obama’s nominee finally took office. (See Senate Confirms Steve Linick; State Dept Finally Gets an Inspector General After 2,066 Days; After 1,989 Day-Vacancy — President Obama Nominates Steve Linick as State Dept Inspector General).
In any case, Senator Grassley now wants to know why the IG vacancy at the State Department lasted, by official count, 2,071 straight days. Late but okay, we’d like to know, too. The senator wrote a letter to Michael E. Horowitz, the Chair of Council of the Inspectors General on Integrity and Efficiency (CIGIE) and to Secretary Kerry. Excerpt below:
Congress needs a better understanding of how and why the State Department lacked a permanent IG who could serve as an independent watchdog for 2,071 straight days. Accordingly, please respond to the following by September 11, 2015:
CIGIE Chair Horowitz: Assuming that CIGIE prepared a list of recommended candidates to fill the IG vacancy at the State Department created upon the departure of former IG Howard Krongard in 2008:
a. Who were the candidates?
b. When were they recommended?
c. Who sent the slate of recommendations from CIGIE to the White House?
d. Who received the slate of recommendations at the White House from CIGIE?
e. What was the response, if any, from the White House regarding the slate of candidates?
f. Who, if anyone, at CIGIE received the White House’s response?
g. When and how was any such response from the White House received?
h. Please provide all records from any CIGIE official at the time relating to communications with the White House about the IG vacancy or potential candidates to fill the vacancy.
i. Did CIGIE provide candidate names to the State Department? If so, please provide the Committee with all records from any CIGIE official at the time relating to communications with the State Department about the IG vacancy or potential candidates to fill the vacancy.
Secretary Kerry: Please provide the Committee with all State Department records related to the IG vacancy or potential candidates to fill the vacancy, including communications between and among former Secretary Clinton, her senior staff, or any State Department personnel, any CIGIE official, or any White House official.
In the letter’s footnotes, Senator Grassley cites the testimony of POGO’s Danielle Brian on “Watchdogs needed: Top Government Investigator Positions Unfilled for Years, June 3, 2015.” POGO has previously questioned the independence of the State Department’s acting IG. POGO also published a letter from “very concerned employees” (pdf) dated January 12, 2008 sounding the alarm on the appointment of an acting IG. Senator Grassley is listed as one of the addresses of that letter.
Senator Grassley’s IG vacancy letter cites two cases:
1) The “appearance of undue influence and favoritism” in departmental investigations of three allegations related to Diplomatic Security investigations (see Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security | January 2015 (pdf).
[ As an aside — the original OIG draft/report on DS investigations dates back to 2012 and was made part of the Higbie v. Kerry, a title VII employment discrimination case in Texas. That case was subsequently dismissed by the district court and affirmed by the Court of Appeals (pdf) in March 2015. But in 2013, the government sought to exclude the “improperly obtained documents” that Higbie obtained via a subpoena from a retired OIG employee, Aurelia Fedenisn. The government asserted that the documents, including the draft report, were improperly retained by Fedenisn after her employment ended in 2012. We’re reminded of this case in relation to the IG vacancy because the Washington Examiner recently reported that the then acting IG had sought to keep early drafts of a controversial OIG report under wraps in the Higbie case in federal court in 2013. Note that the contents of that draft report have already circulated and were reported on by the press in June 2013].
2) Allegations related to “protected disclosures” at the U.S. Consulate General in Naples Italy, a case currently in the court system (see Howard v. Kerry: Court Denies Motion to Dismiss One Retaliation Claim.
Senator Grassley’s letter is available to read here: 2015-08-27 Grassley | CEG to CIGIE and State Dept (IG Vacancy)
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