JW v. @StateDept: Ambassador Stephen D. Mull Testimony (Transcript)

Posted: 1:14 am ET
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On August 30, 2011, there was an email between then HRC deputy chief of staff Huma Abedin and Ambassador Steve Mull, who was then the Executive Secretary of the State Department. Following that assignment, he was appointed U.S. Ambassador to Poland, and last year, he was appointed Lead Coordinator for Iran Nuclear Implementation.  The Daily Caller obtained the emails through a Freedom of Information Act lawsuit filed on its behalf by Cause of Action and has reported about the emails here (see ScribD file here).

On June 6, Judicial Watch released the deposition transcript of Ambassador Mull.  The transcript is available here.  Or read below.  According to the transcript, here are the numbers on the following words/phrases:

“Objection” — 124 matches;

“I don’t know” — 32 matches;

“I can’t recall” — 21 matches;

“I can’t remember” — 7 matches;

“I don’t remember” — 6 matches.

 

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@StateDept Officials on Clinton Private Email Debacle: Yo! Had Been Caught Off Guard? Ay, Caramba!

Posted: 11:25 am EDT
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Excerpt below with annotation:

“When we were asked to help the State Department make sure they had everything from other secretaries of state, not just me, I’m the one who said, ‘Okay, great, I will go through them again,’ ” Clinton said Sunday on CBS’s “Face the Nation.” “And we provided all of them.”

But State Department officials provided new information Tuesday that undercuts Clinton’s characterization. They said the request was not simply about general rec­ord-keeping but was prompted entirely by the discovery that Clinton had exclusively used a private e-mail system. They also said they *first contacted her in the summer of 2014, at least three months before **the agency asked Clinton and three of her predecessors to provide their e-mails.
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She has said repeatedly that it was “permitted” by the State Department and widely known in the Obama administration.

But the early call from the State Department is a sign that, at the least, officials in the agency she led from 2009 to 2013 were concerned by the practice — and that they had been caught off guard upon discovering her exclusive use of a private account.
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***In the spring and summer of 2014, while it was in the process of trying to find records sought by the newly formed House Select Committee on Benghazi, the State Department’s congressional affairs office found Clinton’s personal e-mail address listed on a few records in a batch of Benghazi documents but no government e-mail account for her.

“We realized there was a problem,” said a State Department official who until that moment had not been aware of Clinton’s private e-mail setup. The official, like some others interviewed for this story, spoke on the condition of anonymity because of the sensitive nature of the case.
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The agency is releasing those e-mails in batches, in accordance with a court order stemming from a public-records lawsuit.

The issue has led to frustrations within the State Department in recent months, as some officials have grown tired of having to answer for a political controversy not of their making, according to three senior officials.

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Ay, caramba!

If the State Department had first contacted her in the summer of 2014, we have yet to see that correspondence. It was potentially sent sometime in August 2014, three months before the letters to Clinton and predecessors went out in November 12, 2014 from “M” (see below).  Three months is an early call?  C’mon! Secretary Clinton left State in February 2013.

As to the notion that officials had been “caught off guard” upon discovering her exclusive use of a private account, do spin doctors seriously expect us to buy this on a double discount?

The NYT broke the news that Secretary Clinton exclusively used a personal email account to conduct government business as secretary of state on March 2, 2015.

It took six months for three senior State Department officials to tell WaPo that they “had been caught off guard” by the secretary of state’s exclusive use of a private account?  These officials “were concerned by the practice”, so much so that they issued a three month-“early call” in the summer of 2014, 1 year and 6 months after the end of the Clinton tenure.  And we’re only hearing about this concern now, 2 years and 7 months after Secretary Clinton left office? Yeah.

Dates of note:

December 11, 2012: NARA Chief Records Officer Paul M. Wester Jr. Email to NARA’s Margaret Hawkins and Lisa Clavelli on how they “should delicately go about learning more” about the transition plans for Secretary Clinton’s departure from State. Concerns that “there are or maybe plans afoot to taking her records from State to Little Rock.” Invokes the specter of the Henry Kissinger experience vis-a-vis Hillary Clinton (view email in pdf). So there were discussions within NARA about the Clinton records as early as December 2012. It appears that NARA’s main contact (pdf) at State is Margaret P. Grafeld, the Deputy Assistant Secretary for Global Information Services (A/GIS).It should be interesting to see how or when the Clinton federal records were discussed between NARA and State.

* August 28, 2014: State Department U/S for Management sends memo to department principals on Senior Officials’ Records Management Responsibilities (view memo pdf). See State Department issued instructions for Preserving Email of Departing Senior Officials (view memo p.13 pdf)

** November 12, 2014Letter to Hilary Clinton’s representative, Cheryl Mills re: the Federal Records Act of 1950, November 12, 2014; to Colin Powell, to Condoleezza Rice; to Madeleine Albright;

*** August 11, 2014: The State Department sends its first group of documents to the new Select Benghazi committee, a partial response to a previous subpoena. The production contains a few — less than 10 — emails either to or from Clinton. Committee staffers notice immediately that the emails are from a previously unseen address, hdr22@clintonemail.com. Meanwhile, the committee presses State to meet its legal obligation to fully respond to the pair of subpoenas originally issued in August 2013. (Via Washington Examiner)

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Kerry Appoints Retired Diplomat Janice Jacobs as @StateDept’s “Email Czar”

Posted: 1:44 pm EDT
Updated: 7:08 pm EDT
Updated: Sept 9, 6:07 pm EDT
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Via CNN:

Secretary of State John Kerry has tapped a former career diplomat as an “email czar” to coordinate the State Department response to the myriad of document requests mostly related to former Secretary of State Hillary Clinton, which have strained the department’s resources, officials familiar with the appointment tell CNN.

Janice Jacobs will serve as Kerry’s State Department’s Transparency Coordinator, charged with responding to Freedom of Information Act and congressional requests faster and more efficiently and improving the State Department systems for keeping records.

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A career diplomat, Janice Jacobs previously served as Assistant Secretary of State for Consular Affairs from June 2008 to April 2014. She retired from the Foreign Service in April 2014 (see Asst Secretary for Consular Affairs Janice Jacobs to Retire Effective April 3). According to the State Department spokesperson, Ambassador Jacobs will will report directly to the Secretary and to Deputy Secretary Higginbottom, the deputy for management and resources. She won’t be embedded in a bureau but the State Department will “make sure that she has the administrative support that she needs to do her job.”  According to the spox, the plan going forward is that Ambassador Jacobs will have “regular meetings with both Deputy Secretary Higginbottom and the Secretary on a consistent, frequent basis to talk about what she’s learning, recommendations she wants to make. And then as the IG comes back with recommendations it intends to make, she will be responsible for helping the Department implement those. “

Secretary Kerry released the following statement on Ambassador Jacobs’ appointment:

Today, I am pleased to announce the appointment of Ambassador Janice Jacobs as the State Department’s Transparency Coordinator, charged with improving document preservation and transparency systems.

Ambassador Jacobs will lead Departmental efforts to meet the President’s Managing Government Records Directive, to respond to recommendations from the review I asked the Department’s Inspector General to launch earlier this year, and to work with other agencies and the private sector to explore best practices and new technologies. I have also asked her to focus on improving our systems for responding to Freedom of Information Act and congressional requests faster and more efficiently.

As I have repeatedly made clear, we have a fundamental obligation to document the conduct of U.S. foreign policy and to produce our records in response to requests from the public and Congress. Our records, and our ability to share them, serve as testament to our commitment to transparency and open government. I take very seriously that responsibility, and so does everyone else at the State Department.

I am grateful for the work being done by scores of people across the Department who continue to support the unprecedented number of requests we are facing — a three-fold increase in Freedom of Information requests alone since 2008 or the numerous requests for information from members of Congress.

However, it is clear that our systems and our resources are straining to keep pace with the growing number of records we create and the expanding demand for access to them. It is time to take further action. I want the Department to lead on these issues, to set and achieve a new standard for our efforts, and harness new technological tools in order to meet our commitments. To reach that goal, we must think boldly and creatively. As we enhance our records management system, we also intend to fundamentally improve our ability to respond to requests for our records.

Ambassador Jacobs is exactly the right person for this job. She not only has a distinguished record of service in the State Department, but she also has a track record of successfully leading critical reform efforts: she reorganized the Visa Office after 9/11 and reformed how the Department engages with law enforcement and intelligence communities to share information. As my Assistant Secretary for Consular Affairs, she also led efforts to meet the Administration’s new visa issuance goals. She is a proven leader who knows how to run large organizations and produce results.

I am grateful she has agreed to take this on. She will have not only my full support, but that of the Department as well.

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September 9, 2015

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According to Politico, the State Department spokesperson, John Kirby expressed some indignance that Jacobs — a career foreign service officer — was being faulted for a political donation she made, especially after leaving the government.

“This is the United States of America. It’s a democracy. People are allowed to do these kinds of things,” Kirby said. “That’s a very bad place to be if we’re going to start criticizing people for campaign contributions that they make in their private time, in retirement no less. I just don’t think that’s the place we want to be as a country.”

Read more of that here.

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Email Episode 1472: No Dust Left on Chappaqua Server?

Posted: 11:28 pm PDT
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The New York Times also posted the letter from the former secretary of state’s lawyer David E. Kendall to House Chairman Trey Gowdy.  Excerpt below:

There is no basis to support the proposed third-party review of the server that hosted the hdr22@clintonemail.com account. During the fall of 2014, Secretary Clinton’s legal representatives reviewed her hdr22@clintonemail.com account for the time period from January 21, 2009 through February 1, 2013. After the review was completed to identify and provide to the Department of State all of the Secretary’s work-related and potentially work-related emails, the Secretary chose not to keep her non-record personal e-mails and asked that her account (which was no longer in active use) be set to retain only the most recent 60 days of e-mail. To avoid prolonging a discussion that would be academic, I have confirmed with the Secretary’s IT support that no e-mails from hdr22@clintonemail.com for the time period January 21, 2009 through February 1, 2013 reside on the server or on any back-up systems associated with the server.

Page 8 of this 9-page document includes a letter from the State Department’s Under Secretary for Management Patrick Kennedy:

We understand that Secretary Clinton would like to continue to retain copies of the documents to assist her in responding to congressional and related inquiries regarding the documents and her tenure as head of the Department. The Department has consulted with the National Archives and Records Administration (NARA) and believes that permitting Secretary Clinton continued access to the documents is in the public interest as it will help promote informed discussion.

Accordingly, Secretary Clinton may retain copies of the documents provided that: access is limited to Secretary Clinton and those directly assisting her in responding to such inquiries; steps are taken to safeguard the documents against loss or unauthorized access; the documents are not released without written authorization by the Department; and there is agreement to return the documents to the Department upon request. Additionally, following counsel, we ask that, to the extent the documents are stored electronically, they continue to be preserved in their electronic format. In the event that State Department reviewers determine that any document or documents is/are classified, additional steps will be required to safeguard and protect the information.

The  entire Kendall-Gowdy letter is available to read here.

Because it’s Friday, there is also this item from Gawker and ProPublica adding a stranger twist to this  email saga.

 

 

In related news, remember when Michael Schmidt broke the NYT story about  Secretary Clinton’s exclusive use of a personal email account during her entire tenure as Secretary of State? That was on March 2.  On March 25,  Secretary Kerry finally asked the Office of Inspector General to review email and record retention at his agency.  The letter Secretary Kerry sent to IG Steve Linick is available to read here (pdf).

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I don’t know about you but … it’s that kind of week.

Greys-Anatomy perfectedflaw

Image: Tumblr, perfectedflaw via Mashable

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Former FSO Joan Wadelton With Truthout Goes to Court Over FOIA Case

Posted: 1:0808 am EDT
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We didn’t know this but former FSO Joan Wadelton was joined by non-profit organization, Truthout in her FOIA lawsuit (pdf) against the State Department. Her formal complaint includes the following:

Over the past decade, Wadelton has collected evidence demonstrating that the type of treatment she received from HR was not unique to her, but instead was the product of a systematic manipulation of the selection board promotion process by a circle of current and former high-level HR managers to advantage themselves and their allies and to disadvantage those they did not favor.

See more here.

Since this is a FOIA case, the Clinton emails made their first walk-in part. We expect that these emails will be cited in many more cases in the court system before too long.

Via Politico:

The saga stemming from revelations about Hillary Clinton’s use of a private email account as secretary of state made its way into a federal courtroom in Washington Wednesday afternoon in an ex-foreign service officer’s lawsuit for records related to her dismissal.

The discussion of the State Department’s email issues—including a disclosure last week that the agency did not automatically archive the email of many top officials until February of this year—came at a hearing on a Freedom of Information Act suit filed by former State employee Joan Wadelton.
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“The State Department has proposed filing a motion for summary judgment in August 2015, stating it requires nearly six months to compile a Vaughn index for approximately 450 documents. The Court is not convinced, without a further and clearer showing of necessity, that six months is needed to complete this task,” wrote Chutkan, an Obama appointee. She ordered the government to offer a written explanation by March 30 of why that many months are needed.

Wadelton’s complaints about favoritism and irregular employment practices at State have been covered by various diplomacy-related blogs and news outlets, including here at the Atlantic.

The Vaughn Index is an itemized index, correlating each withholding with a specific FOIA exemption and a justification for that justification. This document is prepared by the agency, in this case, the State Department, to justify any FOIA withholdings made.

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Related posts:

Joan Wadelton: Time To Fix The State Department (via WhirledView)

Joan Wadelton’s Appeal Makes it to FSGB 2011 Annual Report to Congress (diplopundit.net)

Joan Wadelton’s Case: That’s One Messy Promotion Scorecard, Next Up – It’s GAO Time! (diplopundit.net)

GAO Examines Foreign Service Promotion Process — Strengthened But Documentation Gaps Remain) (diplopundit.net)

U.S. District Court for the Court of the District of Columbia | Wadelton v. State Department, 4/25/13 (pdf)

Wadelton Case | The FOIA Project

WADELTON et al v. DEPARTMENT OF STATE | Complaint 4/1/2013 (pdf)

 

Clinton Email Saga: How do you CTRL+F 55,000 pages of paper?

Posted: 12:43  am EDT
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Marc Perkel who runs a spam filtering service has an interesting addition to the Clinton email saga, something to do with what happens to emails that go through a  spam filtering service.  But he also wrote this:

But – and this is a very important point – is HOW the emails were turned over. She printed each one out on paper one by one and handed over boxes of paper with the email printed. Thus those email can’t be searched electronically. So if someone wants all emails to some individual or emails about a subject then someone has to hand search these emails and they are likely to miss something.

It would have been far easier to copy all the emails onto a thumb drive and hand that over to the State Department where they could be electronically imported into the system and electronically searchable like all the other emails are. But she chose to go to great trouble to deliberately make things difficult for the State Department to process those emails.  And that indicates an act of bad faith. She’s just giving all of us the virtual finger.

This from a a guy who writes that if Clinton is the candidate,  he “would still vote for her in the general election over any Republican.”

Also see  Attn: Delivery Man Schlepping Boxes With 55,000 Pages of Emails to Foggy Bottom, You’re Wanted at the Podium! (Corrected)

When asked why these documents were not provided to State in electronic format for better searchability, the official spox said, “Well, there is some long precedent here for how this is done.”  I don’t know what kind of precedent she is talking about.  Has anyone ever had to produce  55,000 pages of emails before from a private email server? How do you search that? Control+D for smart not?

This is basically 110 reams of paper at 500 sheets per ream, or 11 bales of paper.  And if the Clinton folks instead used a thumb drive for these 55,000 pages of email, it probably could have spared a tree or two!

Reseed’s strategy is prevention and remediation — not only can we curb deforestation by encouraging consumers and retailers to adopt e-receipts, but we can also reverse some of the damage with the money saved. Forgoing 55,000 receipts can spare an entire tree, and it only takes a dollar in donations for Reseed to plant a tree.

Going Paperless: The Hidden Cost of a Receipt
Part of a series produced by The Huffington Post and the Clinton Global Initiative 

Oy! What’s that?

The ACLU writes that the politics swirling around the Clinton email scandal obscure real problems:

As the Committee for Responsibility and Ethics in Washington has documented at length, various Bush White House officials used Republican National Committee accounts to communicate with Attorney General Alberto Gonzales in what would become the scandal over the hiring and firing of United States attorneys that the Department of Justice later found to be the inappropriately politicized.

The decision by Secretary Clinton to use “clintonemail.com” exclusively for official business disregards these historical examples. Unfortunately, officials can face the strong temptation to hide official business out of the reach of Freedom of Information Act requests. And as the new retention rules recognize, that’s unacceptable for our democracy.

 

On March 17, twelve open government organizations also wrote a letter to Secretary Kerry and David S. Ferriero, the Archivist of the United States asking that the Clinton emails containing federal records be transferred to the Department of State in their original electronic form:

Because it is of the utmost importance that all of former Secretary Clinton’s emails are properly preserved and transferred back to the State Department for accountability and historical record purposes, we are asking that you verify that Secretary Clinton’s emails containing federal records are transferred to the Department of State in their original electronic form, so that all such emails may be accessible pursuant to the Freedom of Information Act. The Archivist and State Department are authorized by the Federal Records Act to seek the recovery of records that may have been improperly removed, and the task of determining which emails constitute federal records should not be left solely to Mrs. Clinton’s personal aides. Rather, the Archivist and State Department should oversee the process to ensure its independence and objectivity. To the extent that it is ascertained that any record emails were deleted, they should be retrieved if technically possible.

The letter available online here (pdf) was signed by Cause of Action, Defending Dissent Foundation, Electronic Frontier Foundation, MuckRock, National Coalition for History, National Security Archive, National Security Counselors, OpenTheGovernment.org, Pirate Times, Project on Government Oversight (POGO),  Society of Professional Journalists and The Sunlight Foundation.

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Ex-Chief Information-Disclosure Guru on Hillary’s Email Defense and the Folks Asleep at the Switch

Posted: 12:40  am EDT
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Dan Metcalfe spent more than thirty years working at the U.S. Department of Justice where he served from 1981 to 2007 as director of the Office of Information and Privacy. He was responsible for overseeing the implementation of the FOIA throughout the entire executive branch. He now teaches secrecy law at American University’s Washington College of Law. His deconstruction of the former secretary of state’s explanation on her exclusive use of private email is probably the best one we’ve seen so far. There is also an analysis here from the National Security Archive.

Below is an excerpt from the op-ed piece Mr. Metcalfe wrote for Politico:

[T]here is the compounding fact that Secretary Clinton did not merely use a personal email account; she used one that atypically operated solely through her own personal email server, which she evidently had installed in her home. This meant that, unlike the multitudes who use a Gmail account, for instance, she was able to keep her communications entirely “in house,” even more deeply within her personal control. No “cloud” for posterity, or chance of Google receiving a congressional subpoena—not for her. No potentially pesky “metadata” surrounding her communications or detailed server logs to complicate things. And absolutely no practical constraint on her ability to dispose of any official email of “hers,” for any reason, at any time, entirely on her own. Bluntly put, when this unique records regime was established, somebody was asleep at the switch, at either the State Department or the National Archives and Records Administration (which oversees compliance with the Federal Records Act)—or both.

[…] as Secretary Clinton might like to claim personal “credit” for this successful scheme when talking with her friends about it within the privacy of her own home—perhaps while leaning against her private Internet server in her basement—the fact is that she didn’t invent this form of law circumvention; she just uniquely refined it. Yes, it was the Bush administration—specifically, the White House Office of Administration in concert with Vice President Dick Cheney, Karl Rove and the Republican National Committee—that likewise succeeded with wholesale email diversion back in the pre-smartphone days of freewheeling Blackberry usage.

Unfortunately for all of us, the competition for perverse “honors” in the world of circumventing both the letter and the spirit of federal records laws is indeed quite stiff.

Read more here in Politico Magazine.

An internet security expert tells Quartz  that a home server is “kind of like putting your money in your mattress.”

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It did, did’t it? Lockbox.

Then there’s this guy who in 1994 was a 22 year old who worked as a computer programmer for a company called Information Management Consultants tasked with sorting through presidential docs in 1993.  He wondered if the Clinton team included technical wizards who designed a flawless keyword search when combing through her emails:

If so, she should release technical documentation of the search algorithm, the test procedure, and the test results — assuming they tested it. Without that information, we have no basis for sharing Hillary Clinton’s “absolute confidence” that the State Department has received all her work-related email communication.

Hey, wouldn’t it be nice to know who should get a large medal for being asleep at the switch at the State Department on this? Asleep at the switch doesn’t sound very good but perhaps it is a kinder version for whatever it was that happened at HST.

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Quote: “I did email with her … I don’t remember exactly how it showed up.”

Posted: 12:04 am EDT
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“I did email with her from time to time and I don’t remember exactly how it showed up.”

Treasury Secretary Jacob Lew

 

At a hearing at the House Financial Services Committee in Washington, on March 17, 2015 when asked by GOP lawmaker, Rep. Sean Duffy (R., Wis.), if he knew Mrs. Clinton was emailing on a private account.  Mr. Lew was the Deputy Secretary of State for Management and Resources from January 28, 2009 – November 18, 2010 when the D/MR position was first established.

 

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