State Dept’s Wibbly Wobbly Jello Stance on Use of Private Email, Also Gummy Jello on Prostitution

Posted: 1:38 am EDT
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We’ve added to our timeline of the Clinton Email saga (see Clinton Email Controversy Needs Its Own Cable Channel, For Now, a Timeline).

On August 24, 2015, State Dept. Spokesman John Kirby told CNN:  “At The Time, When She Was Secretary Of State, There Was No Prohibition To Her Use Of A Private Email.” Below is the video clip with Mr. Kirby.

Okay, then. Would somebody please get the State Department to sort something out. If there was no prohibition on then Secretary Clinton’s use of a private email, why, oh, why did the OIG inspectors dinged the then ambassador to Kenya, Scott Gration for using commercial email back in 2012? (See OIG inspection of US Embassy Kenya, 2012).

Screen Shot 2015-08-25

Oh, and here’s a more recent one dated August 25, 2015. The OIG inspection of U.S. Embassy Japan (pdf) says this:

In the course of its inspection, OIG received reports concerning embassy staff use of private email accounts to conduct official business. On the basis of these reports, OIG’s Office of Evaluations and Special Projects conducted a review and confirmed that senior embassy staff, including the Ambassador, used personal email accounts to send and receive messages containing official business. In addition, OIG identified instances where emails labeled Sensitive but Unclassified6 were sent from, or received by, personal email accounts.

OIG has previously reported on the risks associated with using commercial email for official Government business. Such risks include data loss, hacking, phishing, and spoofing of email accounts, as well as inadequate protections for personally identifiable information. Department policy is that employees generally should not use private email accounts (for example, Gmail, AOL, Yahoo, and so forth) for official business.7 Employees are also expected to use approved, secure methods to transmit Sensitive but Unclassified information when available and practical.8

OIG report referenced two cables, we’ve inserted the hyperlinks publicly available online: 11 STATE 65111 and 14 STATE 128030 and 12 FAM 544.3, which has been in the rules book, at least since 2005:

12 FAM 544.3 Electronic Transmission Via the Internet  (updated November 4, 2005)

“It is the Department’s general policy that normal day-to-day operations be conducted on an authorized [Automated Information System], which has the proper level of security control to provide nonrepudiation, authentication and encryption, to ensure confidentiality, integrity, and availability of the resident information.”

This section of the FAM was put together by the Office of Information Security (DS/SI/IS) under the Bureau of Diplomatic Security, one of the multiple bureaus that report to the Under Secretary for Management.

Either the somebodies were asleep at the switch, as the cliché goes, or somebody at the State Department gave authorization to the Clinton private server as an Automated Information System.

In any case, the State Department’s stance on the application of regulations on the use of private and/or commercial email is, not wobbly jello on just this one subject or on just this instance.

gummy-bears-o

dancing jello gummy bears

On October 16, 2014, State/OIG released its Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security. This review arose out of a 2012 OIG inspection of the Department of State (Department) Bureau of Diplomatic Security (DS). At that time, OIG inspectors were informed of allegations of undue influence and favoritism related to the handling of a number of internal investigations by the DS internal investigations unit. The allegations initially related to eight, high-profile, internal investigations. (See State/OIG Releases Investigation on CBS News Allegations: Prostitution as “Management Issues” Unless It’s NotCBS News: Possible State Dept Cover-Ups on Sex, Drugs, Hookers — Why the “Missing Firewall” Was a Big Deal).

One of those eight cases relate to an allegation of soliciting a prostitute.

The Foreign Affairs Manual (FAM) provides that disciplinary action may be taken against persons who engage in behavior, such as soliciting prostitutes, that would cause the U.S. Government to be held in opprobrium were it to become public.1

In May 2011, DS was alerted to suspicions by the security staff at a U.S. embassy that the U.S. Ambassador solicited a prostitute in a public park near the embassy. DS assigned an agent from its internal investigations unit to conduct a preliminary inquiry. However, 2 days later, the agent was directed to stop further inquiry because of a decision by senior Department officials to treat the matter as a “management issue.” The Ambassador was recalled to Washington and, in June 2011, met with the Under Secretary of State for Management and the then Chief of Staff and Counselor to the Secretary of State. At the meeting, the Ambassador denied the allegations and was then permitted to return to post. The Department took no further action affecting the Ambassador.

OIG found that, based on the limited evidence collected by DS, the suspected misconduct by the Ambassador was not substantiated. DS management told OIG, in 2013, that the preliminary inquiry was appropriately halted because no further investigation was possible. OIG concluded, however, that additional evidence, confirming or refuting the suspected misconduct, could have been collected. For example, before the preliminary inquiry was halted, only one of multiple potential witnesses on the embassy’s security staff had been interviewed. Additionally, DS never interviewed the Ambassador and did not follow its usual investigative protocol of assigning an investigative case number to the matter or opening and keeping investigative case files.

Department officials offered different justifications for handling the matter as a “management issue,” and they did not create or retain any record to justify their handling of it in that manner. In addition, OIG did not discover any guidance on what factors should be considered, or processes should be followed, in making a “management issue” determination, nor did OIG discover any records documenting management’s handling of the matter once the determination was made.

The Under Secretary of State for Management told OIG that he decided to handle the suspected incident as a “management issue” based on a disciplinary provision in the FAM that he had employed on prior occasions to address allegations of misconduct by Chiefs of Mission. The provision, applicable to Chiefs of Mission and other senior officials, states that when “exceptional circumstances” exist, the Under Secretary need not refer the suspected misconduct to OIG or DS for further investigation (as is otherwise required).2 In this instance, the Under Secretary cited as “exceptional circumstances” the fact that the Ambassador worked overseas.3

DS managers told OIG that they viewed the Ambassador’s suspected misconduct as a “management issue” based on another FAM disciplinary provision applicable to lower-ranking employees. The provision permits treating misconduct allegations as a “management issue” when they are “relatively minor.”4 DS managers told OIG that they considered the allegations “relatively minor” and not involving criminal violations.

Office of the Legal Adviser staff told OIG that the FAM’s disciplinary provisions do not apply to Ambassadors who, as in this instance, are political appointees and are not members of the Foreign Service or the Civil Service.5

OIG questions the differing justifications offered and recommends that the Department promulgate clear and consistent protocols and procedures for the handling of allegations involving misconduct by Chiefs of Mission and other senior officials. Doing so should minimize the risk of (1) actual or perceived undue influence and favoritism and (2) disparate treatment between higher and lower-ranking officials suspected of misconduct.6 In addition, OIG concludes that the Under Secretary’s application of the “exceptional circumstances” provision to remove matters from DS and OIG review could impair OIG’s independence and unduly limit DS’s and OIG’s abilities to investigate alleged misconduct by Chiefs of Mission and other senior Department officials.

In the SBU report provided to Congress and the Department, OIG cited an additional factor considered by the Under Secretary—namely, that the Ambassador’s suspected misconduct (solicitation of prostitution) was not a crime in the host country. However, after the SBU report was issued, the Under Secretary advised OIG that that factor did not affect his decision to treat the matter as a “management issue” and that he cited it in a different context. This does not change any of OIG’s findings or conclusions in this matter. 

After the SBU report was issued, the Under Secretary of State for Management advised OIG that he disagrees with the Office of the Legal Adviser interpretation, citing the provisions in the Foreign Service Act of 1980 which designate Chiefs of Mission appointed by the President as members of the Foreign Service. See Foreign Service Act of 1980, §§ 103(1) & 302(a)(1) (22 USC §§ 3903(1) & 3942(a)(1)). 

During the course of that review, State/OIG said it discovered some evidence of disparity in DS’s handling of allegations involving prostitution. Between 2009 and 2011, DS investigated 13 prostitution-related cases involving lower-ranking officials.

The OIG apparently, found no evidence that any of those inquiries were halted and treated as “management issues.”

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Also, have you heard?  Apparently, DEA now has an updated “etiquette” training for its agents overseas.

That’s all.

Is there a diplomatic way to request that the responsible folks at the State Department culture some real backbone in a petri-dish?

No, no, not jello backbone, please!

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The U.S. Embassy of Curtailments — Hurry! Nominations Now Open

Posted: 12:44 am  EDT
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One political ambassador went though five DCMs during his tenure as President George W. Bush’s ambassador in paradise. The whole two Bush terms. We even wrote a tanka about it.  Another political ambassador went through seven permanent and temporary DCMs in less than one term at US Embassy Luxembourg under President Obama.

There is no shortage of criticisms when it comes to the appointments of political ambassadors, of course. But let us point out to something good here. The political ambassadors know when to exit the stage, and that’s a good thing. Even if we’ll never know for sure how hard or how lightly they’re pushed to exit right, we know that they will not be candidates in the State Department’s well-oiled recycling program.

So, what should we make about news of curtailments from an embassy headed by a career ambassador when the official report is handled with such a, um… soft touch?

  • Embassy Tallinn’s single-officer consular section suffered successive curtailments of assigned officers in the 20 months between February 2013 and September 2014. During that period, eight temporary duty officers provided approximately 10 months of management coverage.
  • Management operations at Embassy Tallinn were recently disrupted for a 6-month period because of curtailments in the management and general services officer positions.

Wait — that’s three positions, aren’t we missing a few more? The consular section had successive curtailments? Like — how many? There was a year-long gap in the political officer position; was that gap a result of another curtailment?

The IG report on Embassy Tallinn does not answer those questions and does not elaborate the reasons for these personnel gaps and curtailments, which we are told are “old news.”

But see — people do not take voluntary curtailments lightly. Not only do they need to unpack, repack, unpack again their entire household, kids have to be pulled out of schools, pets have to be shipped and there may be spouses jobs that get interrupted.  And most of all, in a system where assignments are made typically a year before the transfer season, curtailments mean the selection for the employee’s next assignment back in DC or elsewhere contains pretty slim pickings.   The employee may even be stuck in a “bridge” assignment that no one wants. So, no, curtailments are not easy fixes, they cause personal and office upheavals, and people generally avoid doing them unless things get to a point of being intolerable.

In any case, we like poking into “old news” … for instance, we are super curious if the curtailed personnel from Tallinn similarly decamped to Baghdad or Kabul like those curtailments cited in the OIG report for US Embassy Luxembourg? No? Well, where did they go … to Yekaterinburg?

Did they curtail for medical reasons, that is, was post the cause of their ailments? And no, we have it in excelent authority that no one has microwaved Embassy Tallinn like the good old days in Moscow.

The report says there were curtailments and that “stronger leadership from the Ambassador and his greater adherence to Department of State rules and regulations are necessary.”

Also that the “most significant findings concern the need for stronger leadership from the Ambassador and his greater adherence to ethics principles, Equal Employment Opportunity (EEO) guidelines, and security policies.”

Wow!  This report is mighty short on details, what happened?

We take special note on the use of the following words: Strong-er. Great-er.  Both comparative adjectives, see? Suggesting that chief of mission (COM) already has strong leadership and great adherence to principles and policies.

And this is the report’s most significant findings? That the COM just need to move the dial a notch up?

Are the fine details on  ethics, EEO, security flushed out to the Classified Annex of this report, to entertain a limited readership with “need to know” badges? And their inclusion in the annex is for national security reasons?

Strong-er. Great-er.  Sorry folks, but it must be said, a heck of a crap-per. Additional post to follow.

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Former Secretary Clinton talks about her state.gov private emails

Posted: 01:11 am  EDT
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Excerpt from the transcript of Hillary Clinton’s remarks on the email controversy swirling about via Time’s @ZekeJMiller:

There are four things I want the public to know.

First, when I got to work as secretary of state, I opted for convenience to use my personal email account, which was allowed by the State Department, because I thought it would be easier to carry just one device for my work and for my personal emails instead of two.

Looking back, it would’ve been better if I’d simply used a second email account and carried a second phone, but at the time, this didn’t seem like an issue.

Second, the vast majority of my work emails went to government employees at their government addresses, which meant they were captured and preserved immediately on the system at the State Department.

Third, after I left office, the State Department asked former secretaries of state for our assistance in providing copies of work- related emails from our personal accounts. I responded right away and provided all my emails that could possibly be work-related, which totalled roughly 55,000 printed pages, even though I knew that the State Department already had the vast majority of them. We went through a thorough process to identify all of my work- related emails and deliver them to the State Department. At the end, I chose not to keep my private personal emails — emails about planning Chelsea’s wedding or my mother’s funeral arrangements, condolence notes to friends as well as yoga routines, family vacations, the other things you typically find in inboxes.

No one wants their personal emails made public, and I think most people understand that and respect that privacy.

Fourth, I took the unprecedented step of asking that the State Department make all my work-related emails public for everyone to see.

I am very proud of the work that I and my colleagues and our public servants at the department did during my four years as secretary of state, and I look forward to people being able to see that for themselves.

Again, looking back, it would’ve been better for me to use two separate phones and two email accounts. I thought using one device would be simpler, and obviously, it hasn’t worked out that way.

 

The Clinton folks have also released a Q&A on her email use:

 

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So if we tell over 70,000 employees that they should secure their email accounts and “avoid conducting official Department business from your personal email accounts,” then we go off and use our own private non-government email, what leadership message are we sending out to the troops?  Follow what I say not what I do?

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The secretary of state is the highest classifying authority at the State Department. Since she did not have a state.gov account, does this mean, she never sent/receive any classified material via email in the entirety of her tenure at the State Department? If so, was there a specific person who routinely checked classified email and cable traffic intended for the secretary of state?

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The podium heads insist that there is no restriction in use of private emails. Never mind that this is exclusive use of private emails. If a junior diplomat or IT specialist sets-up his/her own email server to conduct government business at the home backyard shed in Northern Virginia, do you think Diplomatic Security would not be after him or her? Would he/she even gets tenured by the Tenuring Board despite systems management practices contrary to published guidelines?  If the answer is “yes,” we’d really like to know how this works. For ordinary people.

And then there’s this — if there were a hundred people at State that the then secretary of state regularly sent emails to, was there not a single one who said, “wait a minute’ this might not be such a great idea?

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Bottomline despite this brouhaha? Her personal email server will remain private. She has full control over what the public get to see. End of story. Or maybe not.

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Oops, what’s this? Oh, dear.

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