Why did the State Dept add Albright, Powell, and Rice to email saga — for dramatic tension?

Posted: 2:53 am EDT
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Last August, we did a timeline of the Clinton email controversy (See Clinton Email Controversy Needs Its Own Cable Channel, For Now, a Timeline).  Also @StateDept Officials on Clinton Private Email Debacle: Yo! Had Been Caught Off Guard? Ay, Caramba!

To recall, this report from WaPo:

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.

At that time, we wrote this:

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.
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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?

Well, now we have an email (released via Judicial Watch due to FOIA litigation) from Cheryl Mills to Secretary Kerry’s Chief of Staff David Wade dated August 22, 2014 citing a request made in July 2014 about getting hard copies of the Clinton emails to/from accounts ending in .gov during her tenure at the State Department.  The email was cc’ed to Philippe Raines (former Public Affairs DAS), and Deputy Legal Adviser Richard Visek.

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So it looks like four months after the original request for the emails was made by Secretary Kerry’s chief of staff, the Under Secretary for Management Patrick Kennedy sent a Letter to Hilary Clinton’s representative, Cheryl Mills re: the Federal Records Act of 1950, dated November 12, 2014; to Colin Powell, to Condoleezza Rice; to Madeleine Albright saying in part:

The Department of State has a longstanding and continujng commitment to preserving the history of U.S. diplomacy, established in authorities under the Federal Records Act of 1950. l am writing to you, the representative of Secretary of State Hillary Clinton, as well as to representatives of other fonner Secretaries (principals), to request your assistance in further meeting this requirement.

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U.S. Secretary of State John Kerry poses for photo at the groundbreaking ceremony for the U.S. Diplomacy Center with former Secretaries of State Henry A. Kissinger, James A. Baker, III, Madeleine K. Albright, Colin L. Powell, and Hillary Rodham Clinton at the U.S. Department of State in Washington, DC on September 3, 2014. [State Department photo/ Public Domain]

On March 3, 2015, four months after the Kennedy letter was sent to Mills and eight months after the original request was made by Kerry’s chief of staff to Mills, then deputy spokesperson of the State Department, Marie Harf also said this from the podium:

MS. HARF: … When in the process of updating our records management – this is something that’s sort of ongoing given technology and the changes – we reached out to all of the former secretaries of state to ask them to provide any records they had. Secretary Clinton sent back 55,000 pages of documents to the State Department very shortly after we sent the letter to her. She was the only former Secretary of State who sent documents back in to this request. These 55,000 pages covered her time, the breadth of her time at the State Department.

No mention that the original request was specific to Secretary Clinton.

And the three previous secretaries of state were added here to what … enhance dramatic tension? Oy!

The letter asks for “any records.” Why did they stop at Colin Powell and did not include James Baker, heck why not go all the way to Henry Kissinger, which by the way, would have made the National Security Archive really happy (see The State Department Kissinger Telcons: The Story of a FOIA Request).

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Tweet of the Day: Note to State Department: Don’t be so prickly

Posted: 12:51 am EDT
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Senior Diplomat Mark C. Toner Returns to Foggy Bottom Podium as Deputy Spox

Posted: 3:21 pm EDT
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Mark Toner has been Deputy Assistant Secretary in the Bureau of European and Eurasian Affairs since September 2013.  Prior to that appointment, he served as the State Department’s Deputy Spokesperson from 2010-2013. He was at that time succeeded as #2 in Foggy Bottom’s podium by Obama campaign spox Marie Harf.  Brief bio below:

He is a career Foreign Service Officer who has served overseas in West Africa and Europe. Mark was the Information Officer in Dakar, Senegal; the Public Affairs Officer in Krakow, Poland; and the Spokesman for the US Mission to NATO, in Brussels, Belgium.

In Washington, Mark has worked as a senior advisor for the Senate Foreign Relations Committee; as a Senior Watch Officer in the Department’s Operations Center; and as the Director of the European Bureau’s Press and Public Outreach Division. Mark has an undergraduate degree from the University of Notre Dame and a graduate degree from National Defense University’s Industrial College of the Armed Forces.

Prior to joining the State Department, Mark was a Peace Corps volunteer in Liberia, West Africa, and carried out graduate work in Journalism at the University of California at Berkeley.

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Don’t Worry, Be Happy — John Kirby Officially Takes Over as @StateDeptSpox

Posted: 11:02 am  EDT
Updated: 5:23 pm EDT
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Today, Secretary Kerry tweeted this:

I am pleased to welcome John Kirby as our new State Department Spokesperson. I first got to know John’s work several years ago, when I was on the Senate Foreign Relations Committee and he was spokesperson for Admiral Mike Mullen and then Chief of Information for the Navy. John was known as the Navy’s indispensable utility player – it didn’t matter whether he was serving as an instructor at the U.S. Naval Academy, a public affairs officer for the Blue Angels, or aboard multiple Navy vessels – name the challenge – at every stage of his career, including in his most recent assignment as the Pentagon’s top spokesman, John has stood out for his impeccable judgment, collegiality, and character. And he understands the media – absolutely. John has always – intuitively, instinctively – gravitated toward diplomacy, and I know that he is looking forward to that focus as he retires from the Navy and moves into civilian life. All of this makes him the perfect person to help tell America’s story to the world.

I also want to recognize the extraordinary work of Deputy Spokesperson Marie Harf, who stepped in seamlessly as Acting Spokesperson over the past few months. Marie has made a contribution to every important thing I’ve done as Secretary and plays a particularly important role in leading the communications strategy for our Iran negotiations.

I am privileged to work with a remarkable team and grateful to each of them for their contributions.

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US Embassy Turkey: #American diplomats: we’re all blonde

Posted: 3:16 am EDT
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Apparently, Melih Gökçek, the Mayor of Ankara and close ally of President Recep Tayyip Erdogan went on a Twitter rampage of late directing his sexist remarks at the acting spokesperson of the State Department, Marie Harf.  Man, that’s one angry fella. This guy is like … mighty mad, we could hear him screaming his head off in ALL CAPS on Twitter. Ms. Harf refused to dignify Mr. Gokcek’s insulting words and declined to response. The only appropriate response on personal attacks like this especially when hurled by a politician lacking decorum.

In related news, the U.S. Ambassador to Turkey John Bass just turned blonde. Güzel efendim!

 

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via US Embassy Ankara/FB

via US Embassy Ankara/FB

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Tweet of the Day: Admiral John Kirby as Next Foggy Bottom Spokesman

Posted: 3:01 pm EDT
Updated: 4:08 pm EDT
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NYT’s David Brooks Asks, “Are we in nursery school?” Acting State Dept Spox Marie Harf Reax. Tsk-tsk!

Posted: 11:41 am PDT
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So last week, SecState #56 and SecState #60, both Republican-appointed Secretaries of State wrote an op-ed about The Iran Deal and Its Consequences.

The Acting Spokesperson Marie Harf was asked about this during the April 8 Daily Press Briefing:

QUESTION:  Henry Kissinger and George Shultz published a piece in the Wall Street Journal today that raised a lot of questions about the deal.  These are diplomatic statesman types.  Do you guys have any reaction to that?  Do you think they were fair?
MS HARF:  Well, the Secretary has spoken to a number of his predecessors that were former secretaries of state since we got this agreement – or since the parameters – excuse me – we got the parameters finalized.  And we’re having conversations with other senior officials.  We are happy to have that conversation about what this agreement is, what it isn’t, the work we still have to do, and how we are very confident that this achieves our objectives.  And that conversation will certainly continue.
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QUESTION:  Okay.  So one of the things they say is that “absent a linkage between nuclear and political restraint, America’s traditional allies will conclude that the U.S. has traded temporary nuclear cooperation for acquiescence to Iranian hegemony” in the region.  Not true?
MS HARF:  I would obviously disagree with that.  I think that an Iran backed up by a nuclear weapon would be more able to project power in the region, and so that’s why we don’t want them to get a nuclear weapon.  That’s what this deal does.
QUESTION:  Back when —
MS HARF:  And I didn’t hear a lot of alternatives.  I heard a lot of sort of big words and big thoughts in that piece, and those are certainly – there’s a place for that, but I didn’t hear a lot of alternatives about what they would do differently.  I know the Secretary values the discussions he has with his predecessors regardless of sort of where they fall on the specifics.
QUESTION:  Well, I guess one of the criticisms is that there aren’t enough big words and big thought – or people argue that there are not enough big words and big thoughts in what the Administration is pursuing, its overall policy, particularly in the Middle East right now, which has been roiled with unrest and uncertainty.  And I think that’s what the point is they’re making.  That you reject, it, I understand that.  One of the —
MS HARF:  Well, in a region already roiled by so much uncertainty and unrest —

On that same day, conservative talk show radio host Hugh Hewitt had NYT’s David Brooks as guest and was asked about the Kissinger-Schultz op-ed, and the State Department’s official response to it. Click here for the transcript: Below is an audio of the exchange.

HH: David Brooks, this is the critique of the critics, is that we don’t have a lot of alternatives. In fact, every critic I’ve heard has alternatives, and I’m sure Kissinger and Schultz do. But a lot of big words? Really?
DB: Are we in nursery school? We’re not, no polysyllabic words? That’s about the lamest rebuttal of a piece by two senior and very well-respected foreign policy people as I’ve heard. Somebody’s got to come up with better talking points, whatever you think. And of course, there are alternatives. It’s not to allow them to get richer, but to force them to get a little poorer so they can fund fewer terrorism armies.

The Daily Caller caught that story and posted this:  Are We In Nursery School?’: David Brooks Slams Marie Harf Over Kissinger, Shultz Op-Ed Criticism.

Ouch!

But that’s not the end of the story.

William M. Todd, apparently a friend of the Harf family reposted the Daily Caller story on his Facebook page with a note that says: “Team Obama bans polysyllabic words !!”

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Here is the State Department’s Acting Spokesperson on Mr. Todd’s FB page.

Marie Harf Bill – I’m not sure how you could think this article accurately portrays me or how I view complicated foreign policy issues, given how long you’ve personally known me and my family. Does your hatred of this administration matter so much to you that it justifies posting a hurtful comment and a mean-spirited story about the daughter of someone you’ve known for years and used to call a friend? There’s a way to disagree with our policies without making it personal. Growing up in Ohio, that’s how I was taught to disagree with people. I hope your behavior isn’t an indication that’s changed.

She also posted a lengthy follow-up response here from the Daily Press Briefing.

William M. Todd responded on FB with the following:

I certainly can understand why your Team would disagree with Henry Kissinger and George Schultz on policy matters. However, what is amazing to me was your condescending and, almost childish criticism of what I considered to be a well-reasoned and thoughtful op-ed on the current Middle East crisis.

So, this is where we are people.

That’s potentially the next official spokesperson of the United States of America to the world.

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Daily Press Briefing Needs IT and FOIA Specialists on HRC Emails, Plus HAK Files Go to Court

Posted: 1:25 am EDT
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Clip via PostTV

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Argghhhh! Whaaat?

Email System

The State Department has multiple automated information systems. All employees, including locally employed staff and contractors (apparently with the exception of Secretary Clinton and who knows how many others), have state.gov email addresses for use in their unclassified workstations.  But not everyone has classified access and in some places, you have to go to a controlled location just to read your classified email.  Here is a quick description from publicly available documents:

    • OpenNet is the Department’s internal network (intranet), which provides access to Department-specific Web pages, email, and other resources.
    • ClassNet is the Department’s worldwide national security information computer network and may carry information classified at or below the Secret level.
    • SMART-SBU or just “SMART” replaces existing Department of State unclassified email and cable systems with a Microsoft Outlook-based system.
    • SMART-C is the Classified State Messaging and Archive Retrieval Toolset

 

No one “scans” emails for classified material?

The real question seems to be — well, if all her email communication was conducted through a private email  server —  how can we be sure that no classified and sensitive information were transmitted using her private email account?  We can’t, how can we?

However, for ordinary employees with badges and logins, an Information System Security Officer (ISSO) has “read access to the employee’s mailbox to ensure that no messages contain classification levels higher than that allowed on the authorized information system” (see 12 FAM 640-pdf). Which seems to indicate that ISSOs as a matter of course, “scan” State Department electronic mailboxes and files to ensure that there are no material there beyond “Sensitive But Unclassified” in the unclass system, for example.


Moving on to fumigation

Anyways — remember the WikiLeaks fallout? At that time, federal employees and contractors who believe they may have inadvertently accessed or downloaded classified or sensitive information on computers that access the web via non-classified government systems, or without prior authorization, were told to contact their information security offices for assistance.

If the unthinkable does happen, their unclassified computers required the equivalent of um… let’s say, digital “fumigation.” But who does that for private email servers?

The office that handles FOIA requests is the Office of Information Programs and Services (A/GIS/IPS/RL) under the Bureau of Administration. The Department also has its own chief information officer. Can we please have the State Department’s IT and FOIA experts talk about this from the podium?  Please, please, please, pretty please, this is getting more painful to watch every day.

 

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In related news — when you see reports that US embassies have been cited multiple times by State/OIG for use of  “personal email folders,” we suggest you take a deep breath.  That’s not/not the same as the use of personal private emails like Yahoo or Gmail. What those OIG reports are probably referring to are the personal storage folders, also known as  .pst files in Microsoft Outlook on the employees’ hard disk drives. Why would you want to save your emails in the personal folders of your computer?

Because a .pst file is kept on your computer, it is not subject to mailbox size limits on the mail server. By moving items to a .pst file on your computer, you can free up storage space in the mailbox on your mail server.

 

Just because you have classification authority, must you?

Below is an excerpt from the State Department Classification Guide | January 2005, Edition 1 (pdf via the Federation of American Scientists)

High Level Correspondence. This includes letters, diplomatic notes or memoranda or other reports of telephone or face-to-face conversations involving foreign chiefs of state or government, cabinet-level officials or comparable level figures, e.g., leaders of opposition parties. It should be presumed that this type of information should be classified at least CONFIDENTIAL, though the actual level of classification will depend upon the sensitivity of the contained information and classification normally assigned by the U.S. to this category of information. Information from senior officials shall normally be assigned a classification duration of at least ten years. Some subjects, such as cooperation on matters affecting third countries, or negotiation of secret agreements, would merit original classification for up to 25 years.

One thing to remember here, and it’s an important one — the secretary of state is the highest classification authority at the State Department.

CFR 2005 Title 22 Volume I Section 9-10:

(a) In the Department of State authority for original classification of information as ‘‘Top Secret’’ may be exercised only by the Secretary of State and those officials delegated this authority in writing, by position or by name, by the Secretary or the DAS/ CDC, as the senior official, on the basis of their frequent need to exercise such authority.

But why would the USG’s classification guide or classification authority even apply to an email server that apparently is not owned nor physically possessed or maintained by the State Department?


No one is coming out of this smelling like roses

The 67th secretary of state exclusively used private email during her entire tenure at the State Department. She left the State Department on February 1, 2013.  The official word is that in October 2014 — to improve record-keeping or something — the State Department “reached out to all of the former secretaries of state to ask them to provide any records they had,” Secretary Clinton reportedly sent back “55,000 pages of documents to the State Department very shortly” after the letter was sent to her. “She was the only former Secretary of State who sent documents back in to this request,” said Ms. Harf.  This storyline is not even walking quite straight anymore according to the NYT’s follow-up report of March 5.

What appears clear is that the USG cannot possibly know the answer to the endless questions surrounding these emails since it does not have possession of the private email server used in the conduct of official business. But somebody must know how this set-up came to be in 2009.  What originated this, what security, if any  were put in placed?

As if we don’t have enough  disturbing news … have you seen this?

 

But 56th took his files with him!

In related news,  the National Security Archive  filed suit against the State Department this week under the Freedom of Information Act to force the release of the last 700 transcripts of former Secretary of State Henry Kissinger’s telephone calls (telcons). The Archive’s appeal of State’s withholding dates back to 2007.

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The 56th secretary of state had reportedly removed the telcons, along with his memcons and office files, from the State Department when he left office at the end of 1976. According to the FOIA-released declassification guide for the State Department “information that still requires protection beyond 25 years should be classified for only as long as considered necessary to protect the national security.”

But … but …it’s been almost 40 years, heeeellloo!

Where are we again? Oh, utterly distressed by this whole thing.

 

 

Related post:

Don’t read WL from your workstation, if read elsewhere make sure you wash your eyes or you go blind….

 

Related items:

It could be very long time before Hillary Clinton’s State Department e-mails see the light of day (WaPo)

12 FAM 640  DOMESTIC AND OVERSEAS AUTOMATED INFORMATION SYSTEMS CONNECTIVITY (pdf)

Leaked Guccifer emails did say “confidential” but the purported sender of those emails was no longer in USG service and presumably, no longer had any classification authority.

 

Not Going Benghazimazi But Let’s Revisit the ARB’s “Full & Unfettered Access” to State Dept Documents

Posted: 7:42 pm EST
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Last fall, Ray Maxwell alleged that there was a Foggy Bottom operation to “separate” damaging State Department documents before they were turned over to the Accountability Review Board investigating security lapses surrounding the Sept. 11, 2012, terrorist attacks on the U.S. mission in Benghazi, Libya. (see Former State Dept DAS Raymond Maxwell Alleges Benghazi Document Scrub Pre-ARB Investigation).

At that time, the State Department deputy spox, Marie Harf  called the allegations “a crazy conspiracy theory about people squirreling away things in some basement office and keeping them secret.” She also said this:

QUESTION: Did people involved in preparing the documents for the ARB separate documents into stuff that was just whatever and then things that they thought were – made people on the seventh floor, including the Secretary, look bad?

MS. HARF: Not to my knowledge, Matt, at all. The ARB had full and unfettered access and direct access to State Department employees and documents. The ARB’s co-chairs, Ambassador Pickering and Admiral Mullen, have both repeated several times that they had unfettered access to all the information they needed. So the ARB had complete authority to reach out independently and directly to people. Employees had complete authority to reach out directly to the ARB. And they’ve said themselves they had unfettered access, so I have no idea what prompted this somewhat interesting accounting of what someone thinks they may have seen or is now saying they saw.

But the ARB has been clear, the ARB’s co-chairs have been clear that they had unfettered access, and I am saying that they did have full and direct access to State Department employees and documents.

Read more: State Dept on Former DAS Raymond Maxwell’s Allegations: Crazy. Conspiracy Theory. What Else?

The State Department spokesman Alec Gerlach also denied the allegations (see State Department Denies Raymond Maxwell’s Document Scrub Allegations. Peeeeriod!!!!).

“That allegation is totally without merit. It doesn’t remotely reflect the way the ARB actually obtained information,” he said in an email. He explained that an “all-points bulletin”-type request went out department-wide instructing “full and prompt cooperation” for anyone contacted by the ARB, and urging anyone with “relevant information” to contact the board. 

“So individuals with information were reaching out proactively to the Board. And, the ARB was also directly engaged with individuals and the Department’s bureaus and offices to request information and pull on whichever threads it chose to. The range of sources that the ARB’s investigation drew on would have made it impossible for anyone outside of the ARB to control its access to information,” Gerlach said. He further noted that the leaders of the ARB have claimed they had unfettered access to information and people. 

In both cases, these government officials emphasized one thing: that the Pickering-Mullen Accountability Review Board “had full and unfettered access and direct access to State Department employees and documents.”

In the September 2013 congressional hearing, the Benghazi ARB co-chair also told Congress, “We had unfettered access to State Department personnel and documents. There were no limitations.” 

Shouldn’t we now consider the absent clintonemail.com server as one such limitation?

In light of reports that Secretary Clinton exclusively used a personal email account to conduct government business as secretary of state, and that her private emails were never reportedly actual residents of Foggy Bottom, would these current and former government officials now revisit their statements on the ARB’s “unfettered” access to documents?

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Watch: Hillary Clinton talks use of email in 2011 TODAY interview

Posted: 08:22 PST
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“I have a lot of security restraints on what I can and can’t do,” the then secretary of state tells Savannah Guthrie in an October 2011 interview.

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 SOURCE: Today Show
03/04/2015   00:33

 

The following excerpted from the Daily Press Briefing of March 3, 2015:

 

QUESTION: Why is she using a personal account?

MS. HARF: Uh-huh. Well, let’s – I just have a couple points, sort of top lines, and then follow up with many questions, okay?

QUESTION: Okay.

MS. HARF: First, the notion that the Department didn’t have the content of these emails until she turned them over isn’t accurate. A vast majority of them were to or from State.gov addresses or to addressees. So they were obviously retained and captured in that moment. So that notion is just not accurate and I wanted to put that out there first.

A couple other points: There was no prohibition on using a non-State.gov account for official business as long as it’s preserved. So obviously, that’s an important piece of this. When in the process of updating our records management – this is something that’s sort of ongoing given technology and the changes – we reached out to all of the former secretaries of state to ask them to provide any records they had. Secretary Clinton sent back 55,000 pages of documents to the State Department very shortly after we sent the letter to her. She was the only former Secretary of State who sent documents back in to this request. These 55,000 pages covered her time, the breadth of her time at the State Department.

Secretary Kerry is the first Secretary of State to rely primarily on his State.gov account. So what Secretary Clinton did was by no means unusual. In fact, it had been the practice before Secretary Kerry. So certainly, I know there’s a lot of interest in this. I would also point out that the notion that she had this email account is certainly not news; it’s been reported on for more than two years at this point. So I was a little surprised – although maybe I shouldn’t have been – by some of the breathless reporting coming out last night, but I guess that’s the nature of where we are today.

QUESTION: Okay. So just to address one of the things you said. You said there was no prohibition on using —

MS. HARF: Correct.

 

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