Mills’ Transcript Features FSO Ray Maxwell: 35 Years Working For Uncle Sam, and Yo! What the Frak?

Posted: 3:52 am EDT
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On October 21, the Benghazi Democrats released the full transcript of Cheryl Mills interview with the Select Benghazi Committee (click here to read the full transcript).

One of the questions asked Ms. Mills, Secretary Clinton’s former chief of staff was the allegation made by former NEA Deputy Assistant Secretary Raymond Maxwell about a document scrub (see Former State Dept DAS Raymond Maxwell Alleges Benghazi Document Scrub Pre-ARB Investigation).

Ms. Mills says this (per transcript):

“I might have had an encounter with him when he was being hired. I don’t know. Meaning, ensuring that he was in a place where he could be appointed or hired. I don’t know. But I don’t — I never had an encounter with Ray Maxwell around Benghazi.”

In a follow-up question, clipped below, Ms. Mills basically gave a word salad about the “hiring” of Mr. Maxwell. What the frak? We should note that Mr. Maxwell, at the time he was thrown under the Benghazi bus, had served 21 years in the career Foreign Service in addition to 6 years enlistment in the Navy Nuclear Power program. He earned a Naval Reserved commission then completed two division officer tours in the guided missile destroyer, the USS Luce (DDG-38); a total of about 14 years in the Navy, before joining the Foreign Service.

Screen Shot 2015-10-21

We have extracted the parts where Ms. Mills talked about Mr. Maxwell with the Committee.  Available to read here: Mills Transcript-RayMaxwell Extract.

Last year, we wrote The Cautionary Tale of Raymond Maxwell: When the Bureaucracy Bites, Who Gets The Blame?).

Sometime after that, we were able to read for the first time, the original grievance Ray Maxwell wrote on April 3, 2013 (pdf) addressed to State Department HR official Linda Taglialatela. Maxwell writes:

On December 18, 2012, the ARB Report was released. When I returned to my office after lunch, A/S Beth Jones’ OMS told me to meet with her at 2 pm. At 2:20 A/ S Jones returned to the office and summoned me. She invited me in and closed the door. She told me the ARB report had been released and that it was not complimentary to the Department, to NEA, or to me. She said PDAS Elizabeth Dibble was reading the classified report in the SCIF, and that she had not yet seen it. Then she said she had been instructed by Cheryl Mills to relieve me of the DAS position, that I was fired, and that I should have all my personal belongings out of the office be close of business that same day. She said PDAS Dibble would identify a place where I could keep my belongings, and that I would remain in the Bureau as a senior adviser. She said the Bureau was going to take care of me and that I didn’t need to “lawyer up.”

Just like that.

Former FSO Peter Van Buren wrote about this previously here:

Maxwell impresses as a State Department archetype, dedicated to the insular institution, apolitical to the point of frustration to an outsider, but shocked when he found his loyalty was not returned.

He has revealed what he knows only two years after the fact. People will say he is out for revenge. But I don’t think that’s the case. As a State Department whistleblower who experienced how the Department treats such people, I know it’s not a position anyone wants to be in.
[…]
You don’t just wake up one morning and decide to turn your own life, and that of your family, upside down, risking financial ruin, public shaming, and possibly jail time. It is a process, not an event.

According to NEA officials interviewed by the House Oversight Committee, decisions about security  policy and security resources rested firmly within the Bureau of Diplomatic Security, not  NEA.   PDAS Elizabeth Dibble, told the Committee that Maxwell had no responsibility for security measures and should not have been held accountable by the ARB.  Lee Lohman, the Executive Director for NEA told the Committee, When I looked at Ray Maxwell’s situation, I had a much better sense of how much he was or was not involved in this, and it struck me as being unfair.
Below is an excerpt from the House Oversight Committee majority report:
Therefore, the ARB’s finding that Maxwell lacked “leadership and engagement on staffing and security issues in Benghazi” is puzzling. Maxwell himself denied having any formal role in determining the appropriate security posture or evaluating security requests by the U.S. mission in Libya.


The ARB’s approach to assigning accountability within NEA for the failures that led to 
the Benghazi tragedy is puzzling. The ARB identified “systemic failures and leadership and management deficiencies at senior levels” within NEA. It seems obvious that a “systemic failure” within a large organization such as NEA could only result from a widespread failure throughout the system, either to recognize the challenges posed by the inadequate security  posture of the Benghazi mission in a deteriorating environment, or else to take the appropriate steps to rectify it in order to safeguard American lives. Yet within the entire NEA Bureau, the ARB singled out only Raymond Maxwell, for conduct his own supervisor contended was not “material” to what happened in Benghazi. 

If Ambassador Jones and others are right, and the intelligence Maxwell stopped reading was not material because NEA was essentially powerless to affect the actions of DS in Benghazi, it is unclear why the ARB blamed Maxwell for not reading it. If the intelligence did provide some kind of insight which could have prevented the failures of Benghazi, it is further unclear why Maxwell was held accountable for not reading it, but Ambassador Jones and others within  NEA were not held accountable for having read it and taken no effective steps to remedy the shortcomings of the Benghazi compound’s security posture before it led to a loss of life?

So about 31 35 years working for Uncle Sam, and one day, one is conveniently fired. And expected to lay back and play dead until the Benghazi train passes by.

Playing dead is needed for the proper functioning of the Service?

Excuse me, I need to throw up. Again.

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

— Domani Spero
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AP’s Matt Lee revisited the question of Raymond Maxwell’s Benghazi-related allegations during the September 16 Daily Press Briefing with State Department deputy spox, Marie Harf.

Here is the short version:

Screen Shot 2014-09-16 at 5.54.23 PM

 

Below is the video clip followed by an excerpt from the transcript where the official spox of the State Department called the allegations of one of its former top officials “a crazy conspiracy theory about people squirreling away things in some basement office and keeping them secret.” Crazy. Conspiracy. Of course!  Now stop asking silly questions and go home.

Over 20 years of service in the Navy and the diplomatic service and his allegation is reduced to a sound bite.  Mr. Maxwell is lucky he’s retired, or he would have been made to work, what was it, as a telecommuter?  Pay attention, there’s a lesson here somewhere.

In The American Conservative today, Peter Van Buren writes:

Maxwell impresses as a State Department archetype, dedicated to the insular institution, apolitical to the point of frustration to an outsider, but shocked when he found his loyalty was not returned.

He has revealed what he knows only two years after the fact. People will say he is out for revenge. But I don’t think that’s the case. As a State Department whistleblower who experienced how the Department treats such people, I know it’s not a position anyone wants to be in.
[…]
You don’t just wake up one morning and decide to turn your own life, and that of your family, upside down, risking financial ruin, public shaming, and possibly jail time. It is a process, not an event.

 

 

 

QUESTION: You wouldn’t – you would probably disagree, but anyway, this has to do with what Ray Maxwell said about the AR – the preparation to the documents for the – for submission to the ARB. You said yesterday that his claims as published were without merit and showed a – I think you said lack of understanding of the process, how it functioned.

MS. HARF: How the ARB functioned, a complete lack of understanding, I think I said.

QUESTION: Complete lack of understanding, okay.

MS. HARF: Not just a partial lack of understanding.

QUESTION: Okay. So what was it that – presuming he’s not making this story up about coming into the jogger’s entrance and going to this room where – I mean, I presume there’s nothing really sinister about collecting documents for the – for whatever purpose, but it —

MS. HARF: There may have been a room with documents —

QUESTION: Right.

MS. HARF: — being collected and – yes.

QUESTION: Okay. So what did he see if he did not see —

MS. HARF: I have no idea what he saw.

QUESTION: Was there, that you’re aware of – and I recognize that you were not here at the time and this was a previous Secretary and a previous Secretary’s staff, likely all of them previous although I don’t know that to be true, so you may not know. But I would expect that you have asked them for their account of what happened.

MS. HARF: Okay.

QUESTION: So was there some kind of an effort by member – that you’re aware of or – let me start again. Was there some kind of effort by State Department officials to separate out or scrub down documents related to the – to Benghazi into piles that were – did not – piles into – into piles that were separated by whether they made the seventh floor look – appear in a bad light or not? I’m sorry. I’m not – asking this in a very roundabout way. Were there —

MS. HARF: It’s okay, and we’re – and he was referring, I think, to the ARB process. Is that right?

QUESTION: Correct.

MS. HARF: Yeah.

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.

QUESTION: Could they – could a group of people operating in this room in preparing for the ARB to look at the documents – could a group of people have been able to segregate some documents and keep the ARB from knowing about them —

MS. HARF: No.

QUESTION: — or seeing them?

MS. HARF: Not to my knowledge.

QUESTION: So it’s —

MS. HARF: The ARB, again, has said – and everything I’ve talked to everybody about – that they had unfettered access to what they needed.

QUESTION: Well, yeah, but you can’t need what you don’t know about, kind of, right? Do you understand what – see what —

MS. HARF: The ARB had full and direct access —

QUESTION: So they got to see —

MS. HARF: — to State Department employees and documents.

QUESTION: So there were no documents that were separated out and kept from the ARB that you – but you —

MS. HARF: Not that I’ve ever heard of, not that I know of. I know what I know about the ARB’s access. We have talked about this repeatedly.

QUESTION: Okay.

MS. HARF: And I don’t know how much clearer I can make this. I think, as there often are with Benghazi, a number of conspiracy theories out there being perpetrated by certain people. Who knows why, but I know the facts as I know them, and I will keep repeating them every day until I stop getting asked.

QUESTION: Okay. And does this apply to documents that were being collected in response to requests from Congress?

MS. HARF: Well, it’s a different process, right. It was a different process. And obviously, we’ve produced documents to Congress on a rolling basis. Part of that – because it’s for a different purpose.

QUESTION: Well, who – what was this group – well, this group of people in the – at the jogger’s entrance —

MS. HARF: In the – I love this – sounds like some sort of movie. Yes.

QUESTION: Well, whatever it sounds like, I don’t know, but I mean, we happen to know that there was an office that was set up to deal with this, understandably so because it required a lot of effort.

MS. HARF: Correct.

QUESTION: But that room or whatever it was, that office was only dealing with stuff for the ARB?

MS. HARF: I can check if people sat in the same office, but there are two different processes. There’s the ARB process for how they got their documents. There’s the Congressional process –we’ve been producing documents to them on a rolling basis —

QUESTION: I understand.

MS. HARF: — part of which in that process is coordinating with other agencies who may have equities in the documents, who may have employees who are on the documents. So that’s just a separate process.

QUESTION: Okay. So the people in that office were not doing anything with the Congress; they were focused mainly on the ARB?

MS. HARF: I can see who actually sat in that office. I don’t know. But what we’re focused on is the process, right, and the ARB had full and direct access to State Department employees and documents. The congressional process – as you know, we have been producing documents to Congress on a rolling basis —

QUESTION: Well, I guess that this mainly relates to the —

MS. HARF: — and there’s just different equities there.

QUESTION: This – the allegation, I think, applies to the ARB. But you are saying —

MS. HARF: Right, and I’m talking about the ARB.

QUESTION: — that it is impossible for a group of people to collect a stack of documents that say something that they don’t like and secret them away or destroy them somehow so that the ARB couldn’t get to them? Is that what you’re saying? It’s impossible for that to happen?

MS. HARF: I’m saying I wasn’t here then. What I know from talking to people here who were is that the ARB had full and direct access to State Department employees and documents.

QUESTION: Okay, but that doesn’t answer the question of whether there wasn’t —

MS. HARF: It does answer the question. (Laughter.)

QUESTION: Well – no, no, no, no. No, no, no. One of his allegations is that there were people who were separating out documents that would make the Secretary and others —

MS. HARF: So that the ARB didn’t have access to them.

QUESTION: Right, but – that put them in a bad light.

MS. HARF: But I’m saying they had access to everything.

QUESTION: Okay. But —

MS. HARF: So —

QUESTION: — do you know even —

MS. HARF: — I’m responding.

QUESTION: But even if it would’ve been impossible for them to keep these things secret, was there a collection of —

MS. HARF: This is a crazy conspiracy theory about people squirreling away things in some basement office and keeping them secret. The ARB had unfettered access.

QUESTION: Okay. I mean, Marie, I appreciate the fact that you’re taking that line. But I mean, there is a select committee investigating it.

MS. HARF: Well, it happens to be true. And tomorrow there will be an open hearing on ARB implementation, where I’m sure all of this will be discussed with Assistant Secretary Greg Starr.

QUESTION: Okay. And they will have – they will get the same answers that you’ve just given here?

MS. HARF: Let’s all hope so.

QUESTION: All right.

MS. HARF: Yes, of course.

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State Department Denies Raymond Maxwell’s Document Scrub Allegations. Peeeeriod!!!!

Domani Spero
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We did a blog post yesterday on former NEA Deputy Assistant Secretary of State Raymond Maxwell and Benghazi (see Former State Dept DAS Raymond Maxwell Alleges Benghazi Document Scrub Pre-ARB Investigation).

A Fox News report cited State Department spokesman Alec Gerlach denying the allegations:

“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. 

Looks like that’s the press guidance.  Below is a clip of  the Deputy Spokesperson of the State Department, Marie Harf, responding to a question on Maxwell’s allegations using similar words — full indirect access, completely without merit, completely ill-informed, ARB co-chairs are of impeccable credentials, period. So she did not call the State Department’s former Deputy Assistant Secretary of State a liar, she just called him “completely uninformed.” Except that only one of the them was in that room.

Here is the text:

MS. HARF: The ARB had full and direct access to State Department employees and documents. Any accounts to the contrary, like that one you mentioned, are completely without merit, completely ill-informed. It was – these reports show a complete lack of understanding of how the ARB functioned. It collected its own documents directly from anybody in the Department. There was a Department-wide call for information to be given directly to the ARB; that’s what happened. The ARB’s co-chairs, Tom Pickering and Admiral Mike Mullen, both public servants of impeccable credentials, have both repeated several times that they had “unfettered access” to all the information they needed, period.

 

One could argue that until he was dragged into this Benghazi mess, Mr. Maxwell, a career diplomat of over 20 years was also a public servant of impeccable credentials.  One who initially did not even have access  to what was written about him in the classified report of ARB Benghazi.

Of course, as can be expected, the GOP is embracing this new revelation, and the Dems are simply shrugging this off as old news.  We know that Mr. Maxwell had a grievance case that was dismissed in June this year, we blogged about it. (See The Cautionary Tale of Raymond Maxwell: When the Bureaucracy Bites, Who Gets The Blame?).  But the allegation about this scrub had apparently surfaced about a year ago.  Rep. Jason Chaffetz, R-Utah, confirmed to FoxNews.com on Monday that Maxwell told him and other lawmakers the same story when they privately interviewed him last year about the attacks and their aftermath. Folks will question that because Mr. Chaffetz is not the most impartial individual to collaborate that story. But if there were Democrats present in that interview, would anyone be wiling to say anything, anyway?

Media Matters deployed its rapid response ninja calling Mr. Maxwell a “dubious source”:

Maxwell himself is a dubious source. He was placed on administrative leave after the Accountability Review Board’s investigation found a “lack of proactive leadership” and pointed specifically to Maxwell’s department, saying some officials in the Bureau of Near Eastern Affairs “showed a lack of ownership of Benghazi’s security issues.” A House Oversight Committee report released findings from the classified version of the ARB report, which revealed that the ARB’s board members “were troubled by the NEA DAS for Maghreb Affairs’ lack of leadership and engagement on staffing and security issues in Benghazi.”

 

Damn, where is that NEA DAS office for staffing and security issues in Benghazi here?

Extracted from DIPLOMATIC SECURITY | Overseas Facilities May Face Greater Risks Due to Gaps in Security-Related Activities, Standards, and Policies – GAO-14-655 June 2014 (click on image for larger view)

 

This will unfold with Raymond Maxwell either demonized or hailed a hero.   We don’t think he’s either; he’s just a dedicated public servant unfairly tainted by Benghazi who wants his good name back.  It looks like he’ll have to walk through fire before he gets a chance to do that.

We’ve heard about this document scrub allegation this past summer. We understand that there were others who were told about this incident last year. Some NEA folks reportedly also heard this story.

So why now?

Only Mr. Maxwell can answer that.  We hope he gets to tell his full story under oath before the Select Committee.

While we refused to see a conspiracy under every rug in Foggy Bottom, and we did not  support the creation of the Benghazi Select Committee, this changes it for us.

We just hope the Committee can keep its adult pants on and not turn the Benghazi hearings into a clownsport.

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Former State Dept DAS Raymond Maxwell Alleges Benghazi Document Scrub Pre-ARB Investigation

Domani Spero
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Today via  Sharyl Attkisson of the Daily Signal:

As the House Select Committee on Benghazi prepares for its first hearing this week, a former State Department diplomat is coming forward with a startling allegation: Hillary Clinton confidants were part of an operation to “separate” damaging 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.

According to former Deputy Assistant Secretary Raymond Maxwell, the after-hours session took place over a weekend in a basement operations-type center at State Department headquarters in Washington, D.C.
[…]
When he arrived, Maxwell says he observed boxes and stacks of documents. He says a State Department office director, whom Maxwell described as close to Clinton’s top advisers, was there. Though the office director technically worked for him, Maxwell says he wasn’t consulted about her weekend assignment.

“She told me, ‘Ray, we are to go through these stacks and pull out anything that might put anybody in the [Near Eastern Affairs] front office or the seventh floor in a bad light,’” says Maxwell. He says “seventh floor” was State Department shorthand for then-Secretary of State Clinton and her principal advisors.

“I asked her, ‘But isn’t that unethical?’ She responded, ‘Ray, those are our orders.’ ”

Continue reading, Benghazi Bombshell: Clinton State Department Official Reveals Details of Alleged Document Review. 

* * *

A quick note: We’ve previously written about Raymond Maxwell in this blog; the latest was this oneThe Cautionary Tale of Raymond Maxwell: When the Bureaucracy Bites, Who Gets The Blame?  Last year, we also posted, with his permission,  his poem “Invitation“ in this blog.  (see Raymond Maxwell: Former Deputy Asst Secretary Removed Over Benghazi Pens a Poem

In Ms. Attkisson’s report, Mr. Maxwell criticizes the ARB for failing to interview key people at the White House, State Department and the CIA, including Secretary Clinton.  We actually see no point in the ARB interviewing Secretary Clinton, given that she tasked the ARB to do the investigation and that the report is submitted to her. The regs as it exist right now does not even require that the Secretary submits the actual report to Congress, only that the Secretary of State “report to the Congress on any program recommendations and the actions taken on them.”

12 FAM 036.3: The Secretary will, not later than 90 days after the receipt of a Board’s program recommendations, submit a report to the Congress on each such recommendation and the action taken or intended to be taken with respect to that recommendation.

So we’re not hung up on the fact that she was not interviewed  But who gets the actual ARB report is probably one more thing that Congress really do need to fix in the regs.

Mr. Maxwell also named other officials who allegedly were never interviewed by the ARB: 1) Deputy Secretary of State Thomas Nides, who managed department resources in Libya; 2) Assistant Secretary of State for Political Military Affairs Andrew Shapiro; and 3) White House National Security Council Director for Libya Ben Fishman.

ARB Benghazi in its public report never identified all the people it interviewed in the conduct of its investigation. ABB Kenya/Tanzania did that and the list is online.   We still cannot understand why those names in the Benghazi investigation are not public. What kind of accountability is it when we can’t even tell who the ARB investigators talked to? Redact the names of the CIA people if needed, but the names of those interviewed should be public unless there is a compelling security reason not to do so. There is an opportunity here for the State Department to declassify that part of ARB Benghazi’s report.

At the heart of this latest bombshell on Benghazi is that the weekend document session, according to Mr. Maxwell, was reportedly held “in the basement of the State Department’s Foggy Bottom headquarters in a room underneath the “jogger’s entrance.”

This would be the 21st Street entrance; and the room is underneath the jogger’s entrance [insert room number for prospective Foggy Bottom visitors].  We understand that FOIA has had offices there in the past but that most of the FOIA offices moved to SA-2.  Apparently, the only office the A organization chart shows to be in the Harry S. Truman basement are B2A61 the Facilities Managment Office and B258 the Office of General Services Management.  But which office is called the Emergency Management Operations Center?  Some media sites are already calling this the “boiler room operation.”

We have generally been disappointed with the Benghazi investigations.  The fact that it has become a political football to throw back and forth with all the offense and defense attendant of the game makes us cringe; even more so, every “new” book  or revelation gave us a sad.

But we think this one is a most serious allegation and cannot be swatted away by a  State Department spokesman simply calling the implication that documents were withheld “totally without merit.”  A State Department spokesman also told Ms. Attkisson that “it would have been impossible for anybody outside the Accountability Review Board (ARB) to control the flow of information because the board cultivated so many sources.” So, hypothetically, if folks scrubbed through the documents as alleged, then an instruction went down to IT to removed those docs from the system — that could not really happen, could it?

If this is not true, if no document scrub happened in the basement of the State Department as alleged by a former Deputy Assistant Secretary of State, then we’d like the agency spokesman to say so clearly and call out Mr. Maxwell on this.   Security access records should also indicate if these five individuals were at the State Department that weekend, when this alleged “review” took place.

So, let’s hear it people. But. Without the word salad, please.

In any case, now that this allegation is out in the open, the individuals named or positions cited in the Attkisson report are presumably candidates for an appearance before the Benghazi Select Committee:

1)  two officials, close confidants of Secretary Clinton (Congressman Chaffetz said that he was told then-Clinton Chief of Staff Cheryl Mills and Deputy Chief of Staff Jake Sullivan were there and overseeing the operation)

2) one office director (??? from NEA bureau)

3) one intern (??? about to become the second most famous intern in Wash, D.C.)

4) State Department ombudsman (Office of the Ombudsman – Ombudsman Shireen Dodson)

One entity not included in the report but potentially a candidate for an appearance in the Select Committee is the Office of the Inspector General. In September 2013, State/OIG under the then acting OIG issued a report on the “process by which Accountability Review Boards (ARB/Board) are established, staffed, supported, and conducted as well as the measures to track implementation of ARB recommendations.”

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The Cautionary Tale of Raymond Maxwell: When the Bureaucracy Bites, Who Gets The Blame?

— Domani Spero
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Last week, we posted a Snapshot: State Dept Key Offices With Security and Related Admin Responsibilities and wondered why Raymond Maxwell’s former office as Deputy Assistant Secretary at the NEA Bureau did not get an organizational box. Our readers here may recall that Mr. Maxwell was one of the bureaucratic casualties of Benghazi.  Diplomatic Security officials Eric Boswell, Charlene Lamb, Steve Bultrowicz and NEA official, Raymond Maxwell were placed on paid administrative leave on December 19, 2012 following the release of the ARB Benghazi Report. On August 20, 2013, all four officials were ordered to return to duty. Mr. Maxwell officially retired from the State Department on November 30, 2013. Prior to his retirement he filed a grievance case with HR where it was denied and appealed the case to the Foreign Service Grievance Board where it was considered “moot and thus denied in its entirety.”

Our blog post last week, also received the following comment from Mr. Maxwell:

“[M]y grievance was found to have no merit by HR, and earlier this month, the FSGB found that the State Department made no errors in the way I was removed from my position, shamed and humiliated in the press, and placed on admin leave for nine months, Further, the FSGB found that I was not entitled to the public apology I sought in my grievance because I had retired. I have two options now. I can spend a great deal of money suing the Department in local courts, or I can let it go and move on with my life. My choice of the latter option neither erases the Department’s culpability in a poorly planned and shoddily executed damage control exercise, nor protects future foreign service officers from experiencing a similar fate. There is no expectation of due process for employees at State, no right to privacy, and no right to discovery.”

We spent the weekend hunting down Mr. Maxwell’s grievance case online; grievants’ names are redacted from the FSGB cases online. When we finally found it, we requested and was granted Mr. Maxwell’s permission to post it online.

The Maxwell case teaches us a few hard lessons from the bureaucracy and none of them any good. One, when you fight city hall, you eventually get the privilege to leave the premises. Two, when you’re run over by a truckload of crap, it’s best to play dead; when you don’t, a bigger truckload of crap is certain to run you over a second or third time to make sure you won’t know which crap to deal with first. But perhaps, the most disappointing lesson of all — all the good people involved in this shameful treatment of a public servant  — were just doing … just doing their jobs and playing their roles in the proper functioning of the service. No one stop and said, wait a minute …. They tell themselves this was such a  sad, sad case; they feel sorry for how “Ray” was treated. It’s like when stuff happens, or when it falls — se cayó. No one specific person made it happen; the Building made them do it. The deciding officials apparently thought, “This was not an easy matter with an easy and obvious resolution.” Here — have a drink, it’ll make you feel better about looking the other away.  See he was “fired” but he wasn’t really fired.  He was prevented from entering his old office, and then not really. Had he kept quiet and did not write those poems …who knows, ey …

We’re embedding two documents below –1) Maxwell’s FSGB case, also available online here (pdf); and 2) an excerpt from the Oversight Committee report that focused on Mr. Maxwell’s  alleged “fault” over Benghazi. Just pray that this never happens to you.

 

 

Below excerpted from the House Oversight Committee report on ARB Benghazi:

 

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Snapshot: State Dept Key Offices With Security and Related Admin Responsibilities

— Domani Spero
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Via GAO

Screen Shot 2014-06-26

Extracted from DIPLOMATIC SECURITY | Overseas Facilities May Face Greater Risks Due to Gaps in Security-Related Activities, Standards, and Policies – GAO-14-655 June 2014 (click on image for larger view)

This is an excellent infographic but alas, we could not locate  former NEA DAS Raymond Maxwell’s office in this organizational chart.

 

Related post:

 

 

 

 

 

 

Dear Senior State Department Official – It’s Time to Go

— By Domani Spero

I had to stop watching the Daily Press Briefing – Ms. Harf, the Deputy Spokesperson is way too chirpy for such a serious topic.

In any case, lots of questions about the Other Benghazi Four. We hope to have a recap for that later.  In the meantime, The Daily Beast and a couple other news outlet carried a statement from a senior State Department official (certainly authorized to speak about this but unnamed for a reason) saying this:

“As soon as he came into the department, Secretary Kerry wanted to invest the time to review the ARB’s findings and match those against his own on-the-job findings about security,” the senior State Department official said. “He’s been hands-on focused on building on the lessons learned from the Benghazi attack to strengthen security at missions world-wide and continue the ARB’s security paradigm shift.”

And this:

“[Secretary Kerry] studied their careers and studied the facts,” the official said. “In order to implement the ARB and to continue to turn the page and shift the paradigm inside the Department, the four employees who were put on administrative leave last December pending further review, will be reassigned inside the State Department.”

And just to make sure you you don’t misunderstand, the senior State Department official told The Daily Beast this:

“After consideration, Kerry reaffirmed the ARB’s finding that no employee breached their duty or should be fired but rather that some should be reassigned, the official said. The four individuals are not blameless, and the fact that they will not be returned to the same positions is relevant, the official said.”

Wuh duh ma huh tah duh fong kwong duh wai shung! Holy mother of god and all her wacky nephews!   Two questions:

Who the frack still uses words like “paradigm shift”?

If the four individuals are “not blameless” … well then — who are the individuals blameful for this?

If you think, returning these four to work will end this circus, that couldn’t be more wrong. House Oversight Committee Chairman Darrell Issa (R-CA) issued the following statement promising an expanded investigation.

Obama administration officials repeatedly promised the families of victims and the American people that officials responsible for security failures would be held accountable. Instead of accountability, the State Department offered a charade that included false reports of firings and resignations and now ends in a game of musical chairs where no one misses a single day on the State Department payroll. It is now clear that the personnel actions taken by the Department in response to the Benghazi terrorist attacks was more of a public relations strategy than a measured response to a failure in leadership.

In the course of our investigation, the Oversight Committee learned that the State Department’s review of these four individuals did not include interviews with them or their supervisors to either substantiate or challenge allegations. The Oversight Committee will expand its investigation of the Benghazi terrorist attack to include how a supposed ‘Accountability Review Board’ investigation resulted in a decision by Secretary Kerry not to pursue any accountability from anyone.

We recognize that Secretary Kerry inherited this baggage from the Clinton tenure.  But it should not have lasted this long.  Eight months long after the ARB report and a month shy of the first anniversary of the Benghazi attack. What were you folks thinking?

Secretary Kerry was ill-served by senior officials in Foggy Bottom protecting their own skin.  When he came into the State Department, Secretary Kerry should have 1) declassified the ARB section laying blame on these four officials, 2) allowed these four officials to see the “evidence” against them and 3) ensured that the four individuals receive legal counsel and had the ability to defend themselves.  Isn’t that how we preach things ought to be done under the rule of law?   And most certainly, the process of evaluating whether or not these four deserves firing or not should have been made public and not done behind locked doors.  Of course, there’s no way to control how things go in the light of day.  But that’s the risk that should have been worth taking.  Right now, the State Department’s doors smell like cow-dung mud bricks. Some house cleaning is in order. This institution deserves more.

Maybe some senior State Department official ought to go spend more time with his family.  It’s time to go.

So I’ll play my role in the mean time
but the curtains have fell, I’ve got no lines
What’s left to say if it’s been said before

I’ve searched my self for an answer I know

It’s time to go

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The Other Benghazi Four: Lengthy Administrative Circus Ended Today; Another Circus Heats Up

— By Domani Spero

They were the bureaucratic casualties of Benghazi.  Diplomatic Security officials Eric Boswell, Charlene Lamb, Steve Bultrowicz and NEA official, Raymond Maxwell were placed on paid administrative leave on December 19, 2012 following the release of the ARB Benghazi Report (See Issa — Kerry Paper Shuffling Saga: What’s With the 7-Month Administrative Leave?).

Today, eight months to the exact day when the four officials were put on ice,  the State Department has reportedly decided to end their administrative leave status.  All  four officials have reportedly been ordered to return to duty tomorrow, August 20 at 9:00 a.m. It is not yet clear what positions they will go back to when they return to Foggy Bottom.   At least one of them, Mr. Boswell already has a successor awaiting Senate confirmation as Assistant Secretary of State for Diplomatic Security.

Putting these four back to work, of course, does not answer why they were put on paid admin leave in the first place. But don’t worry. We are confident that the State Department’s spokesman will be able to explain this whole circus to the inquiring public by citing issues of employee confidentiality.

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Meanwhile, the Human Abedin circus appears to heat up without any help from sexting scandal magnet, Carlos Danger.  We should note that we do not believe Ms. Abedin is a Muslim Brotherhood princess sent to infiltrate the United States.  However, we are interested on her special employment arrangement at the State Department following the birth of her child.  The NYT recently reported that the senior Senator from Iowa Chuck Grassley has been asking questions about Huma Abedin’s employment arrangement with the State Department.  The NYT is also curious and fielded its own questions.  The State Department, of course, cited employee confidentiality issues and declined to answer these questions. And that, of course, makes this case even more interesting.

The questions Mr. Grassley and his staff are still seeking answers to include: who in the department specifically authorized the arrangement for Ms. Abedin; who in the department was aware of her outside consulting activities; copies of contracts Ms. Abedin signed with private clients; and the amount she earned from those contracts.

In addition, The New York Times asked the State Department to provide the titles and job descriptions of other individuals the department has permitted to serve in the capacity of special government employee, and whether any of Mrs. Clinton’s other political appointees were given the special designation.

The department has declined to do so, citing issues of employee confidentiality.

The NYT report points out that Ms. Abedin, in addition to being a “special government employee” at the State Department also worked for three other entities:

Ms. Abedin, 37, a confidante of Mrs. Clinton’s, was made a “special government employee” in June 2012. That allowed her to continue her employment at State but also work for Teneo, a consulting firm, founded in part by a former aide to President Bill Clinton, that has a number of corporate clients, including Coca-Cola. In addition, Ms. Abedin worked privately for the Clinton Foundation and for Mrs. Clinton personally.

While Senator Grassley maybe accused of playing politics here, we totally agree with him when he says that “basic information about a special category of employees who earn a government salary shouldn’t be a state secret.”   Further, he also said, “Disclosure of information builds accountability from the government to the taxpaying public. Agencies that lose sight of transparency also lose public trust.”

In a statement to The Times on Sunday, a State Department spokesman said: “Ms. Abedin was invaluable to the secretary and her entire operation, providing a breadth of broad-based and specific expertise from her years in the White House and at the department that was irreplaceable.”

These folks are talking about a special government employee or SGE. The Office of Government Ethics explains:

Congress created the SGE category in 1962 when it revised the criminal conflict of interest statutes. Congress recognized the need to apply appropriate conflict of interest restrictions to experts, consultants, and other advisers who serve the Government on a temporary basis. On the other hand, Congress also determined that the Government cannot obtain the expertise it needs if it requires experts to forego their private professional lives as a condition of temporary service. Since 1962, the SGE category has been used in a number of statutes and regulations as a means of tailoring the applicability of some restrictions.

As defined in 18 U.S.C. § 202, an SGE is an officer or employee who is retained, designated, appointed, or employed to perform temporary duties, with or without compensation, for not more than 130 days during any period of 365 consecutive days. The SGE category should be distinguished from other categories of individuals who serve executive branch agencies but who are not employees, such as independent contractors (who are generally not covered by the ethics laws and regulations at all). Also, although many SGEs serve as advisory committee members, not all members of advisory committees are SGEs.

According to AFSA, the State Department had 104 Schedule C employees in 2012.  However, the personnel statistics we’ve looked at does not specify how many SGEs work at the State Department.  It would be interesting to see how many Schedule C employees also became SGEs and had similar employment arrangements to Ms. Abedin who resigned from State on Feb. 1. If Ms. Abedin became an SGE in June 2012 as reported, and resigned in February 2013, that’s more than 130 days.  It would be shocking, of course, if there are no exemptions to that 130-day rule since Congress made the rule.

The NYT report also cited Ms. Abedin’s response:  “Ms. Abedin, in a letter she wrote last month in response to Mr. Grassley’s inquiry, said she had sought the special status because she had recently given birth to her son and wanted to remain in New York while continuing to work for the department.”

How many other new moms at the State Department wanted that opportunity, too, we wonder?

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Issa — Kerry Paper Shuffling Saga: What’s With the 7-Month Administrative Leave?

— By Domani Spero

On July 31, House Committee on Oversight and Government Reform Chairman Darrell Issa fired another letter to Secretary of State John Kerry inquiring about the status of the four State Department personnel officially assigned blame over the disaster in Benghazi.  Diplomatic Security officials, Eric Boswell, Charlene Lamb, Steve Bultrowicz and NEA official, Raymond Maxwell were placed on paid administrative leave following the release of the ARB Benghazi Report in December 2012.  To-date, these officials have been on bureaucratic limbo with an end promised; though the “when” does not appear to be in sight.

We’ve lost count how many Issa letters are fluttering around the hallways of Foggy Bottom. And we’ve lost count how many pages of paper reportedly have been provided by the State Department to Congress. We heard pages and pages and pages of papers.  We trust that the papers provided actually contained or will contain relevant information, and not the telephone directories or photocopies of the Foreign Affairs Manual or the Foreign Affairs Handbook.

Seriously, we are pissed at this paper shuffling saga playing out between the State Department and Congress.  In a perfect world, the Oversight Committee should focus on what went wrong, what can be done to prevent another Benghazi from happening and forget about 2016.  In a perfect world, the State Department and the CIA should acknowledge their faults and shortcomings in what happened and help the American public understand the human cost of doing work in the dark corners of the world.   That is a naive view, of course.  In the real world, these folks are playing a game of mud, assuring the public that one mud is clearer and cleaner than the other. Frankly, that’s all horseshit, with apology to the horse. And while this game is playing on, there are real life consequences.

The DS bureau has been described as in a “hell of hurt” these days.  Not only because it lost three of its top officials in one messy swoop, but also because one of those officials was an important cog in the assignment wheel of about 1,900 security officers.  If the assignments of DS agents overseas have been a great big mess for the last several months, you may account that to the fact that Ms. Lamb, the person responsible for managing and directing all Bureau of Diplomatic Security programs and policies including personnel, had been put inside a deep freezer.  While planning has never been a State Department strength, succession planning is altogether a foreign object.  No nominee has been announced to succeed Ms. Lamb as Deputy Assistant Secretary for International Programs.  Robert Hartung, the Assistant Director for Threat Investigation and Analysis Directorate has been appointed the Acting Deputy Assistant Secretary for International Programs according to the DS website.  The State Department telephone directory, however, has not even bothered  to list Mr. Hartung as acting DAS for International Programs.

Note and question of the day:  “Diplomatic Security is under intense pressure following Benghazi so now all resources are put towards “high threat” areas.  Nevertheless, experienced and well regarded DS officers at overseas posts are finding it impossible to stay out – even when they are the first choice for the receiving post.  When it gets to the panel – DS management declines to allow the agents to be paneled for the job.  I’ve known experienced agents being turned down for Yemen, Afghanistan, Pakistan and Iraq because they’ve “been out too long.”  This is not an issue for other Foreign Service officers so why is it for Diplomatic Security?”

Got that in our inbox today.  Don’t know the answer except perhaps to point out that there is no/no email inside the freezer.

In any case, Mr. Issa’s July 31 letter to Secretary Kerry provides some interesting items.

1.  Apparently, the Committee has heard testimony from all four individuals faulted by the ARB, as well as their supervisors and colleagues. Witnesses reportedly testified that the Department offered “assurances” to Boswell, Bultrowicz, Lamb and Maxwell that their administrative leave status would be temporary and that they would return to new assignments within the Department.  Those assurances  seem to indicate that  the firing is part of a PR strategy more than accountability. Did State expect all four officials to just stay quiet as rocks until the political storm blows over?   A side note — Gregory Starr, recently nominated to succeed Boswell as top boss of Diplomatic Security praised these officers before Congress for giving “their careers to diplomatic security as well and the security of the Department of State.”  They are all praiseworthy enough that seven months on and the Secretary of State still has no idea what to do with them.

2.  And because Mr. Issa is still enamored with the Benghazi Talking Points, his letter brings up former spokeswoman Victoria Nuland’s “promotion” to be Assistant Secretary for the Bureau of European and Eurasian Affairs.  He also brought up former NEA PDAS Elizabeth Dibble who was recently appointed as Deputy Chief of Mission to London.  And Greg Hicks, former DCM at US Embassy Tripoli who was apparently unable to find a “comparable overseas assignment” ten months after curtailing from Libya.

3. The only person from the NEA Bureau officially assigned blamed by the ARB was Deputy Assistant Secretary Raymond Maxwell.  He was apparently singled out because he stopped attending morning meetings held to read certain intelligence material, which, according to witnesses interviewed by the Committee, contained no information that would have caused Maxwell or anyone else to adjust the security posture at Special Mission Benghazi.  The Acting NEA boss, Ambassador Elizabeth Jones, who supervised Maxwell, reportedly agreed with the ARB’s conclusion that it was inappropriate for Mr. Maxwell to stop attending the daily intelligence read-book meetings. She testified, however, that Maxwell’s failure to read the daily intelligence had no connection to the inadequate security posture of the U.S. mission in Benghazi.  So, of all the people working in the NEA bureau, how did Mr. Maxwell become “it”?

4.  Apparently, neither Ambassador Jones nor Eric Boswell viewed “administrative leave” as a common practice, and according to Mr. Issa’s letter, neither was aware of any prior use of such an extended period of administrative leave.  Neither of them ever heard of Peter Van Buren who was locked out of Foggy Bottom and placed on paid administrative leave for about a year? Well, that is interesting.

5.  Eric Boswell reportedly testified that a State Department senior official told him the period of paid administrative leave would be brief. So, not only temporary but also brief.  Damn, what’s the world coming to … if you can’t even trust a senior State Department official’s words of reassurance.  Mr. Boswell should have had in writing the meaning of the word “brief.”  Just saying.

Mr. Issa’s letter requires answers to the following 10 questions for Secretary Kerry; well he’s the Secretary of State, his staff or those same senior officials will obviously task worker bees to work on an acceptable response to Congress.

  • Who made the decision to place the four individuals named in the ARB report on paid administrative leave?
  • For each of the four individuals on paid administrative leave, when was the decision made and what were the specific reasons for the decision?
  • What is the State Department’s internal definition of paid administrative leave?
  • Please describe any steps the Department has taken to evaluate the respective performances of the individuals who were placed on paid administrative leave.
  • Besides the findings of the ARB, what information is being considered as part of the performance evaluation process?
  • Who is conducting the performance evaluation(s)? Who will make a recommendation regarding how the administrative leave status should be resolved?
  • Is the Department delaying a final determination due to the ongoing congressional investigation or any other ongoing review, including, but not limited to a review being conducted by the Office of the Inspector General? If yes, please identify the investigation or review that is delaying the final determination.
  • Does the Department intend to offer individuals placed on paid leave a formal opportunity to respond to the ARB’s criticisms of their conduct before making final decisions? Will their responses be made public?
  • How many times have you been briefed on the status of each of the four individuals placed on paid administrative leave?
  • Explain why you have been unwilling or unable to reach decisions on these important personnel matters.

Unfortunately, Mr. Issa did not ask the more important questions. What actions did these four individuals take that made them blamable for Benghazi?   What evidence did the ARB have against these individuals and why are those kept classified?  Was any one of them directly responsible for opening up the Special Mission in Benghazi? Was anyone of them directly responsible for whatever agreement the State Department-CIA had on the security and operation of the temporary mission?  Was anyone of them directly responsible for turning down the request for more security? Why were they given assurances that their administrative leave status would be temporary and that they would return to new assignments within the Department if an investigation was ongoing?  These assurances — do these assurances  show the predetermined  nature of whatever investigation? Because if there is an investigation, and no one as yet know how it will turn out, how can anyone make stupid promises like these?

Were these promises to the four individuals routinely made to FSOs in trouble like Peter Van Buren?  Peter — yohoo! Did anyone ever tell you  your admin leave status would be temporary and that you would return to a new assignment within the Department at the conclusion of your investigation? What? They padlocked the door after you?

Oh hey, is it true that folks in the upper echelons of the State Department — those who are looked up as leaders and as models of behavior by the rank and file — no longer even look in the mirror afraid of what they’ll see there? Ay madre de dios!

Below is Mr. Issa’s letter in full.  Click on the lower right hand corner of the Scribd screen to display the letter in full screen.   WARNING: Reading may put you on full jaded and sour mood.