FBI to Veteran Diplomat Robin Raphel: “Do you know any foreigners?” #criminalizingdiplomacy

Posted: 1:29  pm ET
[twitter-follow screen_name=’Diplopundit’ ]

 

We’ve posted previously about Ambassador Robin Raphel in this blog. See Case Against Veteran Diplomat Robin Raphel Ends Without Charges, Who’s Gonna Say Sorry?. Also below:

Today, the Wall Street Journal runs an extensive account of what happened and why this case is a concerning one for American diplomats:

The NSA regularly swept up Pakistani communications “to, from or about” senior U.S. officials working in the country. Some American officials would appear in Pakistani intercepts as often as once a week. What Raphel didn’t realize was that her desire to engage with foreign officials, the very skill set her supervisors encouraged, had put a target on her back.

The FBI didn’t have a clear picture of where Raphel fit on the State Department organizational chart. She was a political adviser with the rank of ambassador but she wasn’t a key policy maker anymore. She seemed to have informal contacts with everyone who mattered in Islamabad—more, even, than the sitting ambassador and the CIA station chief.

[…]
State Department officials said that when they spoke to the FBI agents, they had the feeling they were explaining the basics of how diplomats worked.

At times, Raphel’s colleagues pushed back—warning the FBI that their investigation risked “criminalizing diplomacy,” according to a former official who was briefed on the interviews.

In one interview, the agents asked James Dobbins, who served as SRAP from 2013 to 2014, whether it was OK for Raphel to talk to a Pakistani source about information that wasn’t restricted at the time, but would later be deemed classified.

“If somebody tells you something in one conversation, you might write that up and it becomes classified,” he said. “But that doesn’t mean the next time you see them that you can’t talk about what you’d already talked about.”

[…]

Over the past two years, diplomats in Pakistan and the U.S. have scaled back contacts, according to officials in both countries. U.S. diplomats say they are afraid of what the NSA and the FBI might hear about them.

“What happened to Raphel could happen to any of us,” said Ryan Crocker, one of the State Department’s most highly decorated career ambassadors. Given the empowerment of law enforcement after 9/11 and the U.S.’s growing reliance on signals intelligence in place of diplomatic reporting, he said, “we will know less and we will be less secure.”

“Look what happened to the one person who was out talking to people,” said Dan Feldman, Raphel’s former boss at State. “Does that not become a cautionary tale?”

[…]

Diplomatic Security had yet to restore her security clearance. Some of her friends at the State Department said they believed the FBI opposed the idea.

Kerry and Raphel stood close together for only a couple of minutes. On the sidelines of the noisy gathering, Kerry leaned over and whispered into Raphel’s ear: “I am sorry about what has happened to you.”

Read in full below:

#

Advertisements

FBI’s Misunderstanding of Diplomatic Tradecraft Just Latest in List of “Misunderstandings”

Posted: 1:39 am ET
[twitter-follow screen_name=’Diplopundit’ ]

We’ve covered Ambassador Robin Raphel’s story in this blog since it broke in November 2014. In March 2016, the Justice Department’s case fizzled and it declined to file charges against the former ambassador.

Previously, in the case of Xiaoxing Xi, the Temple university professor and head of the school’s physics department, federal authorities handling the case were said to have also misunderstood key parts of the science behind the professor’s work.  Mr. Xi’s lawyer said, “We found what appeared to be some fundamental mistakes and misunderstandings about the science and technology involved here.” The federal officials handling the Xi case did not know the science but went ahead and indicted him anyway.

They misunderstood science and technology, and now, we can add misunderstanding of the diplomatic tradecraft to the list of serious mistakes made by AG Loretta Lynch investigators.  When investigators don’t know what they don’t know, 40 years of service doesn’t mean anything. And for every hammer, everything is nothing but a nail.

WaPo’s David Ignatius writes a piece on when diplomats get punished for doing their jobs.

Via WaPo’s :

The case leaves behind some disturbing questions about how a diplomat with nearly 40 years’ experience became the focus of a career-shattering investigation — apparently without anyone seeking clarification from knowledgeable State Department officials about her assignment to open alternative channels to repair the badly strained relationship with Pakistan.

“If the Bureau had talked to senior people at State who were knowledgeable about her work, I believe they would never have launched this investigation,” argues Jeff Smith, a former CIA general counsel who was one of Raphel’s attorneys.
[…]
The case had a “chilling effect” on other diplomats, who feared they might be next, a half-dozen State Department officials told me. But Raphel’s colleagues stood behind her, even when the investigation was still active. Beth Jones, another former assistant secretary of state, organized a legal defense fund last summer. The fund raised nearly $90,000 from 96 colleagues and friends, many of whom, recalls Jones, voiced the fear: “There but for the grace of God go I.”

Diplomats often go last in our national-security parade. People cheer at ballparks when they see soldiers and sailors. They stand in line to watch movies about snipers and special-forces operators. But a diplomat’s reward for years in danger sometimes seems to be a congressional or FBI investigation for security lapses. That’s wrong. Raphel and many hundreds of colleagues deserve better support.

#

Case Against Veteran Diplomat Robin Raphel Ends Without Charges, Who’s Gonna Say Sorry?

Posted: 7:59  pm EDT
[twitter-follow screen_name=’Diplopundit’ ]

 

Just saw the news that the Justice Department has closed its espionage investigation into former Ambassador Robin L. Raphel and will not file charges.

Via NYT:

Agents from the Federal Bureau of Investigation raided Ms. Raphel’s home and office in 2014 looking for evidence that she was spying for Pakistan, which Ms. Raphel adamantly denied.

“It was clear from the outset that this investigation was based on a fundamental misunderstanding,” Amy Jeffress, a lawyer for Ms. Raphel, said in a statement that sharply criticized government officials for revealing details of the investigation to reporters.

She added: “It is of the utmost importance to our national security that our diplomats be able to do their work without fearing that their routine diplomatic communications will subject them to criminal investigation.”

A message left with the Justice Department was not immediately returned, though officials there have consistently declined to comment publicly on the case.

The investigation began when American investigators intercepted a conversation in which a Pakistani official suggested that his government was receiving American secrets from Ms. Raphel, a conversation that led to months of secret surveillance.

The espionage case soon began to fizzle, however, leaving prosecutors to focus on the far less serious charge of keeping classified information in her home. Ms. Raphel, in negotiations with the government, rejected plea deals and has been adamant that she face no charges.

 

Related posts:

 

#

Spying Case Against Robin Raphel Fizzles; AG Lynch’s “Houston, We Have a Problem” Moment

Posted: 2:05 am EDT
[twitter-follow screen_name=’Diplopundit’ ]

 

We blogged about the Robin Raphel case in September (see The Murky Robin Raphel Case 10 Months On, Remains Murky … Why?.

In November 2014, we also blogged this: Robin Raphel, Presumption of Innocence and Tin Can Phones for Pak Officials.

On October 10, the NYTimes reported that officials apparently now say that the spying investigation has all but fizzled. This leaves the Justice Department to decide whether to prosecute Ms. Raphel for the far less serious charge of keeping classified information in her home.

The fallout from the investigation has in the meantime seriously damaged Ms. Raphel’s reputation, built over decades in some of the world’s most volatile countries.

If the Justice Department declines to file spying charges, as several officials said they expected, it will be the latest example of American law enforcement agencies bringing an espionage investigation into the public eye, only to see it dissipate under further scrutiny. Last month, the Justice Department dropped charges against a Temple University physicist who had been accused of sharing sensitive information with China. In May, prosecutors dropped all charges against a government hydrologist who had been under investigation for espionage.
[…]
Some American investigators remain suspicious of Ms. Raphel and are loath to abandon the case entirely. Even if the government cannot mount a case for outright spying, they are pushing for a felony charge related to the classified information in her home.

.

.

.

.

.

.

In the case of Xiaoxing Xi, the Temple university professor and head of the school’s physics department, federal authorities handling the case were said to have misunderstood key parts of the science behind the professor’s work.  Mr. Xi’s lawyer said, “We found what appeared to be some fundamental mistakes and misunderstandings about the science and technology involved here.” The federal officials handling the Xi case did not know the science but went ahead and indicted him anyway.

Are we going to hear soon that the federal officials handling the Raphel case also made some fundamental mistakes and misunderstanding of the diplomatic tradecraft?  At least two of these officials leaked the probe to the news media even if no charges were filed against Ambassador Raphel.

This  was not a harmless leak. She lost her security clearance, and her job at the State Department without ever being charged of any crime. And in the court of social media, just the news that she is reportedly the subject of a spying investigation is enough to get her attacked and pilloried for treason. Perhaps, the most disturbing part in the report is that the authorities appear to have no case against her for spying, so now they’re considering slapping her with a felony charge under the Espionage Act.

Now, why would they do that?

Perhaps to save face and never having to admit that federal authorities made a mistake or lack an understanding of international statecraft? They could say —  see, we got something out of a year’s worth of investigation, so it was not completely useless.

Or perhaps because American investigators still viewed Ambassador Raphel’s relationships with deep suspicion?

Because, obviously, “deep suspicion” is now the bar for an espionage charge?

We should note that the hydrologist, Sherry Chen was cleared of spying charges but was notified in September that she will be fired by the National Weather Service for many of the same reasons the USG originally prosecuted her. Xiaoxing Xi of Temple University had been charged with “four counts of wire fraud in the case involving the development of a pocket heater for magnesium diboride thin films.” The USG asked to dismiss the case without prejudice, meaning it could be revived, according to philly.com.

Unlike the Chen and Xi cases, Raphel was never charged and was not afforded the right to defend herself in the court of law.  What we have in one case may have been a misunderstanding, a second case, may well have been a mistake, but a third case is certainly, a trend.

This is AG Loretta Lynch’s  “Houston, we have a problem” moment.

#

The Murky Robin Raphel Case 10 Months On, Remains Murky … Why?

Posted: 2:26  am EDT
[twitter-follow screen_name=’Diplopundit’ ]

 

On November 6, 2014, WaPo reported that Robin Raphel, a retired Foreign Service officer, former ambassador, and most recently, a senior coordinator at the State Department’s  Af/Pak shop was under federal investigation as part of a counterintelligence probe. The report cited the FBI’s Washington Field Office as the entity running the investigation (see Former Ambassador and Pakistan Expert Under Federal Investigation as Part of CounterIntel Probe). In late November 2014, we blogged this: Robin Raphel, the Presumption of Innocence and Tin Can Phones for Pak Officials.

The Guardian reported in December 2014 that officials took “the extraordinary step in late October of searching Raphel’s house, finding classified documents that should not have left the State Department.” Raphel’s security clearance had reportedly been revoked and her job at the office of the special representative to Afghanistan and Pakistan terminated.

In January 2015, WaPo also reported that the FBI has been pushing to resolve several high-profile investigations that have lingered for months and in some cases years.

In addition to the case involving Petraeus and Broadwell, the bureau wants the Justice Department to decide whether to pursue charges against veteran State Department diplomat Robin Raphel and retired Marine Gen. James E. “Hoss” Cartwright, who until 2011 was vice chairman of the Joint Chiefs of Staff. Cartwright was the target of a Justice Department investigation into the leak of information about the Stuxnet cyberattack against Iran’s nuclear program. The details of Raphel’s case remain murky, but officials have said classified information was found at her home.

In her only public statement on the matter, Ambassador Raphel has expressed confidence that the affair will soon be resolved,  according to the Guardian in December 2014.

In late April 2015, General Petraeus was sentenced to two years probation and a $100,000 fine for sharing classified information with his biographer, Paula Broadwell. To-date, Ambassador Raphel has not been charged.  We have been unable to find any new development on this case and that is troubling. It appears that 34 years in government service does not afford one an opportunity to face charges beyond the court of public opinion. It does not even afford one the ability to defend oneself in a court of law. How did we come to this?

We’ve compiled a list of the things we still don’t know:

— According to WaPo, two U.S. officials described the investigation as a counterintelligence matter, which typically involves allegations of spying on behalf of foreign governments. We don’t know who were these officials or their motives for leaking a counter-intel probe to the news media.

— The investigation reportedly was ongoing when the story broke; didn’t the media spotlight jeopardize the investigation?

— Was somebody out to get Robin Raphel? Why?

— Does the classification controversy surrounding the Clinton emails complicate this case? How?

— Who was the  Pakistani official in this case? Was he/she aware that USG agents were eavesdropping? If he/she/they were not aware of the eavesdropping before this, didn’t they become aware of it when the story broke?  How was the leak helpful in the investigation? Have we kicked out any Pakistani diplomat for his/her alleged role in this case?

— We understand that by the time a case like this goes overt, the government has  all the information it needs.  It was not apparent if that was the case here. If we presumed that the USG went overt because it had all the evidence, how come there are no charges 10 months on?  If they could not sustain the charges, how come she has not been cleared?

— The government not only must charge an individual suspected of a crime, it also must prove, beyond a reasonable doubt, each essential element of the crime charged. That has not happened here. Why?

#

Robin Raphel, Presumption of Innocence and Tin Can Phones for Pak Officials

— Domani Spero
[twitter-follow screen_name=’Diplopundit’ ]

 

Late on November 6, WaPo published the following Robin Raphel story:

Here is a link to the NYT story:

 

On November 7, an unnamed official cited by the Associated Press said the FBI investigation was related to access to classified materials:

 

NYT did a follow-up report over two weeks later reporting that an eavesdropping on a Pakistani official led to the Raphel inquiry:

 

A follow-up report from WaPo includes a statement from Amy Jeffress, Ambassador Raphel’s attorney (she is also the former chief of the National Security Section in the U.S. Attorney’s Office for the District of Columbia).

“Ambassador Raphel is a highly respected career diplomat who has dedicated her life to serving the United States and its interests,” said Amy Jeffress, Raphel’s attorney and the former chief of the National Security Section in the U.S. Attorney’s Office for the District of Columbia. “She would never intentionally do anything to compromise those interests. She, and we as her counsel, are cooperating with the investigation, and we are confident that she will be cleared of any suspicion.”

What do we know about this case?  Below is a list of “known” items out there according to media reports:

  • The federal investigation reportedly is part of a counterintelligence probe.
  • Ambassador Raphel’s security clearances reportedly was withdrawn.
  • She reportedly was placed on administrative leave last month, and her contract with the State Department was allowed to expire.
  • The FBI reportedly searched her Northwest Washington home, and her State Department office  also was examined and sealed.
  • Agents reportedly “discovered classified information” during a raid at her home.
  • In an intercepted conversation this year “a Pakistani official suggested that his government was receiving American secrets from a prominent former State Department diplomat,” reportedly setting off the espionage investigation.
  • Apparently,Ambassador Raphel has not been told she is the target of an investigation, and she has not been questioned according to her spokesman.
  • Ambassador Raphel now has a lawyer.
  • Over two weeks after the original report surfaced, she has not been formally accused or charged with a crime. Since she has not been formally charged, she has no way to defend herself from allegations.

The Indian media has had a field day with this investigation, throwing in a bunch of name calling, and well, it looks like she is considered a national nemesis over there. The view from Pakistan (read this) is thoughtful and more wait and see.  We’re also now starting to see Raphel’s name being linked to Hillary Clinton; she has been described as a “close Clinton family friend,” a  “Hillary donor” and a “powerful Clinton ally.”

In any case, we understand from a source inside the building that the FBI would “never investigate” a State employee without coordinating with Diplomatic Security’s Office of Investigations and Counterintelligence. Apparently, there is an FBI liaison in DS/IC to assist with the sharing of case information but whatever role Diplomatic Security played in this case, the bureau is not advertising it.

We’ve compiled a list of the things we don’t know about this case and the questions we have:

  • According to WaPo, two U.S. officials described the investigation as a counterintelligence matter, which typically involves allegations of spying on behalf of foreign governments. Who are these officials and what are their motive for leaking a counter-intel probe to the news media?
  • The investigation reportedly is ongoing; does the media spotlight not jeopardize the investigation?
  • According to NYT, it is unclear exactly what the Pakistani official said in the intercepted conversation that led to this investigation. Apparently, it is also not/not clear “whether the conversation was by telephone, email or some other form of communication.” Does this mean all discrete discreet Pakistani officials in the U.S. now are limited to discussing their lunch menu and tourist opportunities in their host country to using tin can telephones for official subjects?
  • Who is the  Pakistani official? Was he/she aware that USG agents were eavesdropping? If he/she/they were not aware before of the eavesdropping, are they aware now?  We’re seriously perplexed, how is this helpful?
  • We understand that by the time a case like this goes overt, the government has  all the information it needs.  It is not not apparent if that is the case here. If we presume that the USG went overt because it has all the evidence it needs, how come there are no charges to-date?

One of our most sacred principles in the United States is the presumption of innocence until proven guilty.   The government not only must charge an individual suspected of a crime, it also must prove,beyond a reasonable doubt, each essential element of the crime charged. That has not happened here.

Despite what the Indian media says, and even if Pakistani officials in the U.S. now are using tin-can telephones to communicate, the current status of the Raphel case amount to allegations from unnamed officials, and an ongoing investigation.  That is far from clear evidence of guilt.

 * * *

 

Updated on 11/25/14 at 1546 PST to correct grammatical errors and for clarity. 

 

 

 

 

 

 

 

Former Ambassador and Pakistan Expert Under Federal Investigation as Part of CounterIntel Probe

— Domani Spero
[twitter-follow screen_name=’Diplopundit’ ]

 

Late breaking news today concerns Robin Raphel, a retired Foreign Service officer, former ambassador, and most recently, a senior coordinator at the State Department’s  Af/Pak shop as being under federal investigation as part of a counterintelligence probe.

Via WaPo:

A veteran State Department diplomat and longtime Pakistan expert is under federal investigation as part of a counterintelligence probe and has had her security clearances withdrawn, according to U.S. officials.

The FBI searched the Northwest Washington home of Robin L. Raphel last month, and her State Department office was also examined and sealed, officials said. Raphel, a fixture in Washington’s diplomatic and think-tank circles, was placed on administrative leave last month, and her contract with the State Department was allowed to expire this week.
[…]
Details of federal counterintelligence investigations are typically closely held and the cases can span years. Although Raphel has spent much of her career on Pakistan issues, it was unknown whether the investigation, being run by the FBI’s Washington Field Office, was related to her work with that country.
[…]
“We are aware of this law enforcement matter,” State Department spokeswoman Jen Psaki said. “The State Department has been cooperating with our law enforcement colleagues.”
[…]
“She is no longer employed by the State Department,” Psaki said.

* * *

 

Her appointment at the S/RAP office did not come without some controversy. Here is an article from 2009:

 

We were able to locate two previous posts here from 2009 (see A Strategy for that $7.5 billion Pakistan Aid) and 2010 (see BLT on Former Ambassador Robin Raphel). In 2010, the Blog of Legal Times was tracking the news on lobbying disclosures concerning Ambassador Raphel.  She was at the time, already a member of Richard Holbrooke‘s team as the Special Representative to the Af/Pak region.  Her formal title was Senior Coordinator for Economic and Development Assistance.  Ambassador Raphel is a career diplomat who served as Ambassador to Tunisia (1997-2000).  In August 1993, during the Clinton Administration she was named the first Assistant Secretary of State for South Asian Affairs (1993-1997). Her Wikipedia entry says she retired from the State Department in 2005 after 30 years of service. Below is her outdated bio from her tenure as A/S for South Asian Affairs from the 1990s:

Ms. Raphel was sworn in as the first Assistant Secretary of State for South Asian Affairs on August 6,1993.

Ms. Raphel was born in Vancouver, Washington, and spent all of her childhood on the West Coast. Graduating from high school in Longview, Washington in 1965, she went on to the University of Washington to study history and economics. She spent her junior year at the University of London studying history. She returned to England after graduating for a year at Cambridge University before taking a teaching job at a woman’s college in Tehran, Iran. After leaving Iran in 1972, Ms. Raphel returned to the U.S. to study economics at the University of Maryland. After finishing her Masters of Arts degree, she first went to work for the federal government as an economic analyst at the CIA. From there she went to Islamabad, Pakistan, where she joined the Foreign Service and worked on detail to USAID as an economic/financial analyst.

Upon returning to Washington in 1978, Ms. Raphel worked in the State Department in several capacities — Economist in the Office of Investment Affairs, Economic Officer on the Israel Desk, Staff Aide for the Assistant Secretary for the Near East and South Asian Affairs, and Special Assistant to the Under Secretary for Political Affairs. In 1984 she was posted to London where she served in the U.S. Embassy as a Political Officer covering Middle East, South Asia, African and East Asian issues. She moved to South Africa in 1988 as Counselor for Political-Affairs at the U.S. Embassy. From August 1991 until August 1993, Ms. Raphel was the Counselor for Political Affairs at the U.S. Embassy in New Delhi, India.

Ms. Raphel is married to Leonard Ashton. They have two young daughters.

 

The WaPo report cites the FBI’s Washington Field Office as the entity running the investigation. Makes one wonder what is Diplomatic Security’s Office of Investigations and Counterintelligence role in this investigation. It is the State Department office tasks with conducting “a robust counterintelligence program designed to deter, detect, and neutralize the efforts of foreign intelligence services targeting Department of State personnel, facilities, and diplomatic missions worldwide.”

We should also note that two U.S. officials described the federal investigation to WaPo as a counterintelligence matter, which typically involves allegations of spying on behalf of foreign governments. The report, however, also  says that “the exact nature of the investigation involving Raphel remains unclear” and that “she has not been charged.”

We’ll have to wait and see how this investigation ends.

 * * *