Pompeo Now Concerned About Improper Treatment of “Distinguished Professionals”

 

Secretary Pompeo who has not done much about the improper treatment of career professionals
— such as inappropriate practices including disrespectful and hostile treatment of employees, accusations against and harassment of career employees premised on claims that they were “disloyal” based on their perceived political views, and retaliation associated with conflicts of interest — despite the departure of some 50 employees from a bureau with 300 staffers —
is now concerned about “attempt to intimidate, bully, & treat improperly the distinguished professionals of the Department of State, including several career FSOs” from congressional committees exercising their oversight function.
Oopsie! We almost peed from laughing so hard!
Also, late breaking news says that State/OIG Steve Linick will be holding an “urgent” briefing Wednesday afternoon for staffers from several House and Senate Committees apparently “to discuss and provide staff with copies of documents related to the State Department and Ukraine.” The reported source of the documents is the Acting Legal Adviser.
The most recent Senate-confirmed Legal Adviser was Jennifer Gillian Newstead who served from January 22, 2018 to May 31, 2019 and is now the General Counsel at Facebook.
Marik A. String assumed office as Acting Legal Adviser on June 1, 2019. Mr. String state.gov’s bio says that he has 15 years of legal, policy, and military experience at the Department of State, Department of Defense, United States Senate, think tanks in the United States and overseas, and in private legal practice.” He also previously served as Senior Advisor to Deputy Secretary of State John Sullivan. Prior to private law practice, Mr. String served on the U.S. Senate Committee on Foreign Relations, where he held responsibilities as Deputy Chief Counsel and Senior Professional Staff Member. Mr. String, an officer in the U.S. Navy Reserve was educated at Georgetown University (J.D., Global Law Scholar), where he was an editor for The Georgetown Law Journal and at the University of Vienna (M.A., Fulbright Scholar). See Just Security’s piece on this appointment from June 2019.

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Confirmations: McClenny, Braithwaite, Ford, Newstead, Waters, Brock

Posted: 12:12 am ET

 

The U.S. Senate is now adjourned for the year and will next meet for legislative business at 12:00 p.m on Wednesday, January 3, 2018. For a list of nominees pending on the Executive Calendar but received no action from the Senate, see “Pending Nominations” below.

The following executive nominations were approved before the Senators raced out of town on December 21:

AMBASSADORS:

Executive Calendar #526M. Lee McClenny, of Washington, a Career Member of the Senior Foreign Service, Class of Minister-Counselor to be Ambassador of the United States of America to the Republic of Paraguay.

Executive Calendar #525Kenneth J. Braithwaite, of Pennsylvania, to be Ambassador of the Untied States of America to the Kingdom of Norway.

STATE DEPARTMENT

Executive Calendar #530Christopher Ashley Ford, of Maryland, to be an Assistant Secretary of State (International Security and Non-Proliferation).

12/19: Confirmation of Executive Calendar #430, Jennifer Gillian Newstead, to be Legal Adviser of the Department of State; confirmed: 88-11.

12/12: Confirmed Executive Calendar #356, Mary Kirtley Waters, of Virginia, to be an Assistant Secretary of State (Legislative Affairs)

USAID

Executive Calendar #528Brock D. Bierman, of Virginia, to be an Assistant Administrator of the United States Agency for International Development.

PENDING NOMINATIONS

The following nominations are listed on the Executive Calendar but received no action from the Senate when the Senators left town on for the holidays. We don’t know at this time if these nominations will be considered in January, if these nominees have to be renominated by the White House with the process starting from scratch, or if some of these nominations are dead.

Dec 05, 2017 Reported by Mr. Corker, Committee on Foreign Relations, without printed report.

Yleem D. S. Poblete, of Virginia, to be an Assistant Secretary of State (Verification and Compliance), vice Frank A. Rose.

Eric M. Ueland, of Oregon, to be an Under Secretary of State (Management), vice Patrick Francis Kennedy.

James Randolph Evans, of Georgia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Luxembourg.

Oct 26, 2017 Reported by Mr. Corker, Committee on Foreign Relations, without printed report.

Richard Grenell, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Republic of Germany.

Samuel Dale Brownback, of Kansas, to be Ambassador at Large for International Religious Freedom, vice David Nathan Saperstein, resigned.

Sep 19, 2017 Reported by Mr. Corker, Committee on Foreign Relations, without printed report.

Doug Manchester, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Commonwealth of The Bahamas.

Kathleen Troia McFarland, of New York, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Singapore.

Aug 03, 2017 Reported by Mr. Corker, Committee on Foreign Relations, without printed report.

Jay Patrick Murray, of Virginia, to be Alternate Representative of the United States of America for Special Political Affairs in the United Nations, with the rank of Ambassador.

Jay Patrick Murray, of Virginia, to be an Alternate Representative of the United States of America to the Sessions of the General Assembly of the United Nations, during his tenure of service as Alternate Representative of the United States of America for Special Political Affairs in the United Nations.

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Jennifer Gillian Newstead to be @StateDept’s Legal Adviser

Posted: 1:42 am ET
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On September 2, President Trump announced his intent to nominate Jennifer Gillian Newstead to be Legal Adviser at the State Department. The WH released the following brief bio:

Jennifer Gillian Newstead of New York to be Legal Adviser at the Department of State.Ms. Newstead is a partner in the law firm of Davis, Polk & Wardwell LLP, where she has a global practice representing clients in cross-border regulatory, enforcement and litigation matters. Ms. Newstead previously served in several senior government positions, including as General Counsel of the Office of Management and Budget, Principal Deputy Assistant Attorney General at the Department of Justice’s Office of Legal Policy, and Associate Counsel to the President. Ms. Newstead previously served as an Adjunct Professor of Law at Georgetown University Law Center in Washington, D.C and earlier in her career clerked for Justice Breyer of the U.S. Supreme Court and for Judge Silberman of the U.S. Court of Appeals for the D.C. Circuit. She is a 1994 graduate of Yale Law School, and a 1991 graduate magna cum laude of Harvard University.

Her law firm has a more detailed bio:

Ms. Newstead is a partner in Davis Polk’s Litigation Department. She has a global practice representing leading international corporations, financial institutions and Boards of Directors in white collar criminal defense, regulatory and securities enforcement matters, internal investigations and related civil litigation. She advises clients in high-profile, cross-border investigations involving alleged violations of the Foreign Corrupt Practices Act, U.S. economic sanctions and anti-money laundering laws, securities and accounting laws, and other financial regulations. She represents clients before regulatory and law enforcement agencies including the U.S. Department of Justice, the SEC, the Federal Reserve Board, Treasury/OFAC, the NY Department of Financial Services, and other authorities. She has conducted investigations related to business in numerous countries in Asia, the Middle East, Central and Eastern Europe, Latin and South America. Ms. Newstead frequently advises clients on the design and implementation of global compliance programs to mitigate risk.

Ms. Newstead joined Davis Polk after a U.S. Supreme Court clerkship. She left the firm in 2001 to serve as Principal Deputy Assistant Attorney General in the Office of Legal Policy at the U.S. Department of Justice, where she received the Attorney General’s Award for Exceptional Service. She served as an Associate White House Counsel from 2002 to 2003 and as General Counsel of the White House Office of Management and Budget from 2003 to 2005. She rejoined the firm in 2005.

Back in June, BuzzFeed reported that Ms. Newstead, a former George W. Bush administration official and architect of the Patriot Act was slated be the top lawyer at the State Department. See A Lawyer Who Helped Write The Patriot Act Is Trump’s Pick For A Top State Department Job.

The White House sent her nomination to the Senate on September 5, and it has been referred to the Senate Foreign Relations Committee. As of this writing, the SFRC has yet to schedule this nomination for a hearing.

Former Legal Adviser John B. Bellinger III (2005–2009) notes that if confirmed, Ms. Newstead would be the first woman to serve as Legal Adviser of the State Department. He writes that this position was created by statute in 1931, replacing the Solicitor, which had been the chief legal officer of the State Department since 1891.

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