Senior Career Diplomat Matthias Mitman to be the National Security Council’s Executive Secretary

 

On October 23, the White House announced Trump’s intention to appoint senior career diplomat Matthias Mitman of Virginia, to be the Executive Secretary of the National Security Council. The WH released the following brief bio:

Mr. Mitman, a career member of the Senior Foreign Service, class of Minister-Counselor, most recently served as Chief of Staff to the Special Presidential Envoy for Hostage Affairs.  He previously served as Principal Officer in U.S. Consulates General in Jeddah, Saudi Arabia; Erbil, Iraq; and Basrah, Iraq.  Mr. Mitman was also the Deputy Chief of Mission at U.S. Embassy Tegucigalpa, Honduras and Minister Counselor for Economic Affairs at U.S. Embassy Moscow, Russia.  This will be his third detail to the National Security Council, having earlier served as Senior Duty Officer in the White House Situation Room and as Director for Iraq.  Before joining the Foreign Service, Mr. Mitman taught as an Assistant Professor of Economics at Ball State University.  He is a Distinguished Graduate of the National War College and earned an A.B. from Wabash College.

The most recent Special Presidential Envoy for Hostage Affairs Robert O’Brien was named this Administration’s fourth National Security Advisor in September following the departure of John Bolton (see Trump Names Hostage Envoy Robert O’Brien His Fourth National Security Advisor).

 

Advertisements

Pence to Lead Ceasefire Delegation to Turkey, Erdogan on Ceasefire — Nah, But Come Visit!

 

Trump Names Hostage Envoy Robert O’Brien His Fourth National Security Advisor

 

#

After Leaked Diplomatic Letters Over A$AP Rocky’s Detention in Sweden, Where Should @StateSPEHA Go Next?

Help Fund the Blog |  Countdown: Less Than 24 Hours to Go

______________________________________

 

Trump’s Special Presidential Envoy for Hostage Affairs Robert O’Brien who was in Sweden for A$AP Rocky’s assault trial apparently told USAToday reporter Kim Hjelmgaard that it is “entirely appropriate” for him to be in Sweden even though this was a criminal case. “When foreign govts. hold American citizens it’s always appropriate”.
The things we learn these days!
As of December 2018, the Bureau of Consular Affairs has conducted 10,399 visits to U.S. citizens in prison overseas. Note – prison visits not hostage visits. Only a few of those U.S. citizens make the news (see CA Fact Sheet).
The Special Envoy for Hostage Affairs also said publicly, while tagging his ultimate boss on Twitter, that the president “has made bringing our fellow citizens home a center piece of his foreign policy”.
Consular work just got so utterly fascinating. Now, which ones of the over 10,000 prison visits by consular officers to U.S. citizens incarcerated overseas will now be done by the special envoy? Which fellow citizens jailed overseas will be brought home next?

#

Consular Affairs Asst Secretary Carl Risch Visits A$AP Rocky in Sweden, Who Else Wanna Visit?

Help Fund the Blog |  Countdown:  4 Days to Go

______________________________________

 

 

Update: ASAP Rocky and Co-Defendants Allowed to Leave Sweden While Awaiting Verdict (set for August 14).
Sweden’a national public television broadcaster SVT reported on July 19 that the Assistant Secretary for Consular Affairs Carl Risch was in country to meet with A$AP Rocky and the other two detained US citizens.  He reportedly also meet staff from the Swedish Ministry of Foreign Affairs. (Also see U.S. Sends Special Envoy for Hostage Affairs Robert O’Brien to A$AP Rocky’s Assault Trial in Sweden).

The report cites a statement from Sweden’s Ministry of Foreign Affairs saying that “Risch will, among other things, meet with representatives of the Foreign Office’s consular unit and the Justice Department, as well as in the role of consular officer in attendance at one of the US embassy’s previously scheduled visits to the three detained US citizens.” (via online translation).
The Foreign Ministry further writes according to SVT that “The US embassy has confirmed that the conditions in the Swedish detention comply with both the Vienna Convention and the international standard.” This in reference to a report by TMZ that A$AP was being held in “shockingly inhumane condition”.
A$AP Rocky was arrested in Sweden on July 3. The State Department previously announced on July 17 that CA’s Assistant Secretary Risch was traveling to Sweden from July 18-20 apparently to “observe U.S. consular operations and meet with foreign government counterparts to underscore the enduring commitment to the safety and welfare of U.S. citizens overseas and the facilitation of legitimate travel to the United States.”
The State Department’s own 2018 Country Report on Human Rights Practices on Sweden  under Prison and Detention Center Conditions notes:
There were no significant reports regarding prison, detention center, or migrant detention facility conditions that raised human rights concerns.
Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.
Administration: Authorities conducted proper investigations of credible allegations of mistreatment.
Independent Monitoring: The government permitted monitoring by independent, nongovernmental observers, including the Council of Europe’s Committee for the Prevention of Torture (CPT).
In any case, the top gun at Consular Affairs already visited A$AP Rocky on July 19th. (Prior to Asst Secretary Risch’s visit, do you know when was the last time the assistant secretary of Consular Affairs made a prison visit overseas?).
When @StateSPEHA Robert O’Brien (the Special Envoy for Hostage Affairs)  showed up in the Swedish courtroom on July 30 along with journalists, teenage rap fans and curious onlookers, the highest official in charge of Consular Affairs appeared to have already seen the three detained Americans.   One specific embassy official also has a clear role and reporting duties in the arrest and detention of American citizens. We would be surprised if U.S. Embassy Sweden’s Charge d’affaires ad interim Pamela Tremont, or post’s Consular Chief have not already visited the detainees.
Since neither the Consular Affairs Assistant Secretary nor the Special Envoy for Hostage Affairs could sprung A$AP Rocky from jail, how useful are their presence in Sweden beyond appearances that they are doing something to get these individuals released?
Do we have senior officials actually thinking through the potential consequences of these actions — with senior officials descending into Sweden, and presidential tweets pressuring for the release of those in detention, plus the Special Envoy for Hostage Affairs tweeting about “expedited paperworks “?
Does anyone enjoy the appearance of giving in because of some very public arm-twisting? No?
It may interest you to know that Sweden is also the “protecting power” for the United States in North Korea and has been so since September 1995. These folks know hostages. Do you think Sweden appreciates the United States decision to send a Special Envoy for Hostage Affairs to a non-hostage situation there? Even if this case were to get resolved next week, do you think the Swedes will simply forget this?

U.S. Sends Special Envoy for Hostage Affairs Robert O’Brien to A$AP Rocky’s Assault Trial in Sweden

Help Fund the Blog |  Countdown:  6 Days to Go

______________________________________

 

According to the State Department, when an American is arrested or detained abroad, the State Department—through its Embassies and Consulates—ensures that U.S. consular officers are there to assist. They help see that Americans are treated humanely and in accordance with local law, are given the opportunity for a lawyer, and can correspond with family back home.
Per its Foreign Affairs Manual, the Department expects consular officers to be “particularly active in, and to fully engage in” the protection of the welfare of the arrestee; ensure that the arrestee is being treated fairly and is afforded all due process under local law, provide needed consular services such as EMDA or administer a trust fund in a timely and efficient manner; track the process of the case through the host country’s legal system; and to keep the Department, family members, congressional representatives and others full informed on all aspects of the case, consistent with Privacy Act.

 

Consular assistance to Americans arrested or detained overseas includes the following:
State Department/U.S. Embassies Can:
  • Provide a list of local attorneys who speak English
  • Contact family, friends, or employers of the detained U.S. citizen (with their written permission)
  • Visit the detained U.S. citizen regularly and provide reading materials and vitamin supplements, where appropriate
  • Ensure that prison officials are providing appropriate medical care
  • Provide a general overview of the local criminal justice process
  • Upon request, ensure that prison officials permit visits with a member of the clergy of the religion of the detainee’s choice
  • Establish an OCS Trust, if necessary, so friends and family can transfer funds to imprisoned U.S. citizens
State Department, U.S. Embassies Cannot:
  • Get U.S. citizens out of jail
  • State to a court that anyone is guilty or innocent
  • Provide legal advice or represent U.S. citizens in court
  • Serve as official interpreters or translators
  • Pay legal, medical, or other fees
Reports note that POTUS sent the Special Envoy for Hostage Affairs Robert O’Brien to Sweden for the A$AP Rocky trial.  “The president asked me to come here and support these American citizens,” O’Brien told the New York Times. “I’ll be here until they come home.” (via). How often is he going to do this for other American citizens?
Nowhere in the Foreign Affairs Manual is there any mention of the role the Special Envoy for Hostage Affairs play in cases of U.S. citizens incarcerated abroad or while they are on trial. In most of the normal world, it is understood that American citizens are subject to the local laws and regulations while visiting or living in the particular countries they are in. In this particular case, Time says that “Sweden does not have a bail system, which is why the rapper was detained with no way to get out even before he was formally charged.” Also see our old post below about the non-portability of American rights.

Non-Portability of American Rights

In any case, we don’t understand why the Special Envoy for Hostage Affairs is involved with this case.  Does the U.S. Government considers A$AP Rocky on trial for assault in Sweden, a hostage? Are we to understand that Americans incarcerated and detained overseas are now considered hostages to bring back as soon as possible? And if that’s not the case, and if this is an exception, what are the grounds for the Trump Administration to make this type of exception?
Is the Special Envoy’s role now includes affecting the release of all American citizens from foreign incarceration/detention?
How does a regular American citizen’s family petition for the Special Envoy for Hostage Affairs to be involved in their cases overseas?
Any guidance sent to consular officers doing ACS work? When is the State Department updating the Foreign Affairs Manual?
Also the next time U.S. diplomats overseas talk to their local counterparts about judicial independence and the rule of law, should they expect a push back with this case as Exhibit A?

 

#