@StateDept Inspector General Vacancy Now at 657 Days and Counting

 

By the time you’re reading this, it would be 657 days since the State Department had a Senate-confirmed Inspector General. Despite the beating that office suffered during the previous administration, the current administration does not seem to be in any great hurry to nominate an Inspector General for the State Department.
IG Quick Facts:

IG Independence | Congress created OIGs to strike a workable balance for IGs and agency principals. This balance is accomplished through a number of provisions of the IG Act.

The IG Act specifically prohibits agency management officials from supervising the IG. This organizational independence helps limit the potential for conflicts of interest when an audit or investigative function is placed under the authority of the official whose programs are being scrutinized. The IG Act insulates IGs against reprisal and promotes independent and objective reporting. Additionally, the IG Act promotes independence through individual reporting of OIG budgets. For example, Section 6(g) requires OIG’s requested budget to be separately identified within the Department of State’s budget. Section 6(g)(3) authorizes OIG to comment to Congress on the sufficiency of its budget if the amount proposed in the President’s budget would substantially inhibit the IG from performing the duties of the office. Additionally, the Department of State Authorities Act, Fiscal Year 2017, requires annual certification by the Secretary that the Department has ensured the integrity and independence of OIG’s network, information systems, and files.

IG Access to Agency Principal | The IG is required to have direct and prompt access to the agency principal when necessary to perform his or her functions and responsibilities. This helps ensure that the agency principal is directly and promptly alerted to serious problems and abuses within the agency. Conversely, the Department of State is required to submit to OIG—within 5 business days of becoming aware of the allegation—a report of any allegation of (1) waste, fraud, or abuse in a Department program or operation; (2) criminal or serious misconduct on the part of a Department employee at the FS1, GS-15, or GM-15 level or higher; (3) criminal misconduct on the part of a Department employee at any level; and (4) serious, noncriminal misconduct on the part of any Department employee who is authorized to carry a weapon, make arrests, or conduct searches.

IG Reporting Obligations | The IG Act creates a dual-reporting obligation for IGs—to keep both Congress and the agency principal fully and currently informed about deficiencies in agency programs and operations.

Unfortunately, the Quick Facts does not include what can be done when the agency principal gets the IG fired for no reason beyond the office conducting oversight investigations that made the IG “a bad actor” in the eyes of the principal and his cronies.
The last time there was a lengthy vacancy at the IG, it was for almost 2,000 days or 5.4 years (see After 1,989 Day-Vacancy — President Obama Nominates Steve Linick as State Dept Inspector General).
Harold W. Geisel served as Acting IG from 2008-2013. Steve Linick served from 2013-2020. After Linick’s firing, Stephen Akard served as Acting IG for three months, Diana Shaw was Acting IG for a month, and Matthew Klimow served as Acting IG from August-December 2020. Diana Shaw once again became Acting IG for the State Department in December 2020 and continues to serve in that role to-date.
Congressional members made lots of noises, of course, after the Linick firing. They even conducted hearings. Which did not amount to anything really. Nothing happened besides a bad news cycle for Mikey Po so what could possibly dissuade any agency principal from doing exactly the same thing?
Defense (2,245 days) and OPM (2,204 days) currently have longer IG vacancies than State but the WH has previously announced the nominees for those agencies and they are currently awaiting confirmation. Whereas State (and Treasury) have been forgotten by the time lords.
We hope this isn’t a purposeful omission that could last the entire Blinken tenure.
It also occurred to us that one can avoid all the messiness of firing an IG by not appointing one.
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Hatch Act Complaints Filed Against Most Partisan Secretary of State in Memory #WSOS

 

Acting @StateOIG Stephen Akard Quits After Less Than 3 Months

 

Well, now, what do we make of this?  The Acting State OIG Stephen Akard has reportedly quit after less than three months in office. WaPo is reporting that Akard was taking a position with a law firm in Indiana, his home state. “It’s unclear whether there were other factors in his decision.”
The guy who caused the firing of Akard’s predecessor dismissed a question about Akard’s departure during a news conference on Wednesday. “He left to go back home,” Pompeo said. “This happens. I don’t have anything more to add to that.”
How long before Mr. Akard gets called “a bad actor?
CNN reported that Akard previously told State/OIG officials and at the State Department that “he would be recusing himself from the ongoing investigations into Pompeo and his wife due to the fact that he was maintaining his State Department post.” Apparently, in early June, he also “told Democratic lawmakers investigating the circumstances of Linick’s ouster that he had stepped away from his role as Director of the Office of Foreign Missions, but had not resigned.”
A day prior to his reported resignation, Politico reported about an IG investigation into the  Office of the Chief of Protocol. The report cited by Politico “asserts that two senior officials in the protocol office, Cam Henderson and Mary-Kate Fisher, saw or learned of allegedly abusive behavior by Sean Lawler, the former chief of protocol, but failed to report it to human resources officials.”
Via Politico:
Its report cites “numerous” employees, as well as other probes by the Bureau of Diplomatic Security and the Office of Civil Rights, in laying out its findings. But it also states that “all employees” interviewed “expressed a fear of retaliation” for speaking out. To protect their confidentiality, the report notes that it “discusses its findings in general terms.”
A top Pompeo deputy zeroed in on the resulting lack of specificity in his response, issued on behalf of the department’s 7th-floor leadership.
The response, dated June 30 and marked “unclassified,” is from Ulrich Brechbuhl, the State Department counselor and Pompeo’s de facto chief of staff. It is addressed to Stephen Akard, the acting inspector general, and his deputy Diana Shaw, and it is largely defensive of Henderson and Fisher while questioning the motives of the investigators.
[…]
“Leadership considers this matter closed,” Brechbuhl concludes. “We expect future reports from the OIG to be objective, comprehensive, professional and appropriate.”
The next thing we’re going to hear is that Pompeo’s other BFF Brechbuhl did not inform his boss before blasting the agency’s own “watchdog” of  “systemic pattern of selective inclusion and exclusion of facts.”
But State OIG is warned, very clearly, that future reports from that office is “expected”  to be “objective, comprehensive, professional ….”  Oh, and also “appropriate.”
Got that?

 

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