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Quote: “I’m not talking about guillotining somebody, or hanging, or boil them in oil.”

Posted: 2:30 am ET

 

Via ADST/Oral History – Sherman Funk, Former State/OIG:

When I first came Shultz asked me my initial impressions of the Department. I had been here about six weeks. And I told him that I never in my life had encountered such an absolutely superb bunch of people. And he sort of smiled at me, and I said, “But what bothers me is that on the other hand I’d never in my life encountered such a thoroughly screwed up organization, and what I don’t understand is how you can have both. How the people could be so God damned good, and the organization be so thoroughly screwed up.” And I’m still bothered by that, because I don’t know any other place where you find such high caliber persons, where you also find things so badly run. And I still find it. I happened to think the world of many of the people in PER now. Yet they went ahead and they gave an award of $100,000, more than $100,000 U.S. dollars, to somebody to get that person to stop suing the State Department. A clear case of blackmail. And their rationale was, “We have so many class action suits for women, and class action suits for blacks, we don’t want to get involved in other class action suits on a religious basis.” And that was totally ___. There was ample information, they could have fought this one. It was a lack of will, and people sensed that. I’ve seen again and again that we make a recommendation for disciplinary action and unless the thing is so heinous that they’re afraid to say no — afraid the newspapers would find out about it — the chances are they’ll dick around and try to knock it down. We don’t want to be that harsh on the person. I’m not talking about guillotining somebody, or hanging, or boil them in oil. I’m talking about a few weeks suspension for something that is very serious — misuse of a lot of money, millions of dollars. It was like pulling teeth because nobody wants to be responsible for it.

Read in full here.

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Throwback Thursday: An Election, an FOIA, and @StateDept in the Eye of the Storm

Posted: 1:48 pm EDT

 

In November 1992, Sherman Funk, the Inspector General at that time was joined at the State Department podium by Lawrence Eagleburger who was then Acting Secretary of State for a special briefing on the investigation into the passport files of then Democratic presidential nominee Gov. Bill Clinton, his mother, and independent presidential candidate Ross Perot.

The report blamed lower level State Department employees for beginning the search, with the assistant secretary for consular affairs as the highest bureaucratic casualty. The OIG report notes that “The genesis of the search may have been ordinary FOIA requests; the manner in which it was carried out was anything but ordinary. Although aspects of the search made headlines for a month and a half, the entire search lasted but two days.”

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Click on image to watch the 1992 video via c-span.

Mr. Funk did an oral history interview for ADST (PDF) where he talked about his investigation of this incident. Quick excerpt below:

[I]n view of the enormous political potential of this, I called Eagleburger and said, I think this should be turned over to the FBI. Not that we couldn’t do it, but because of the unbelievable sensitivity in an election year when Bush was starting to run further and further behind, that this could look like a dirty trick like what was pulled back in the ‘72 campaign with Mr. Nixon. I also sent later that day a memo for record. I said this could be the October surprise to end all October surprises. We talked about it on the phone, as we did first thing in the morning, I pointed out that for the Republicans this could be a no-lose situation. If a letter like that could be found, Clinton was dead. There was no way he could become President if he at one time said he renounces his American citizenship, just impossible. On the other hand, if no letter could be found, and a charge could be made that the files had been tampered with, and that charge could have validity, that would make it appear that he had removed the letter surreptitiously from the files with the power of the presidency behind him. So therefore, whether or not the letter was written, if the story got out that we were looking at a tampering investigation, it would be a very dicey situation, particularly inasmuch as Jim Baker, the former Secretary of State, was now running the campaign for Bush. And I said I would not want to be in that position because obviously I had worked closely with Baker while he had been Secretary. So Eagleburger, personally I don’t think he was too happy, but he didn’t argue, he said Sherman you call it the way you want to. So I called the Attorney General, Bill Barr, whom I knew rather well, I had worked with him on a number of things before, and in fact helped him get the deputy attorney generalship. It’s a long story, but I had some working relationship with him. And I told him something that I had only read about in books before. He said is it important? I said, “Yes, Bill, this is a matter of national moment.”
[…]
[T]he Department was really coming to pieces. I’ve never seen anything quite like it. People would stop me in the halls with tears in their eyes, and say, “You’ve got to do something about this. We’re being taken over by politicians.” Because every day there were different leaks in the newspaper. Newspaper reporters are very aggressive, particularly during a campaign. So they go to some GS-4 clerk in the national archives and say, “If you don’t tell me what’s going to happen, we’ll put you all over the paper and your career will be dead.” Somebody actually told me this, and they’d be crying when they talked to the reporter. And some of the reporters, who were absolute shits on this thing, unbelievable bastards in the way they operated. There were some noble people. There were some excellent reports, particularly in the Wall Street Journal and to some extent the New York Times, and by and large, the Post wasn’t too bad. But the Washington Times, the Daily News, the New York Post. It wasn’t a matter of politics, it was a matter of just scandals and little journalism. And every night there was something on the evening news about this. And people honestly in the State Department began to think that the Department had been totally corrupted and had been taken over. I’ve never seen a man as devastated in my life as Eagleburger, who was a lame duck until the election was over, who wanted to end his career on a high note, had been a brilliant officer, I think. I happen to think immensely of the man. And here he was leaving on a note that was so low that he was totally despondent.

State/OIG was kind enough to dig up the 1992 report for us which should be required reading:

 

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Sherman Funk: This story sounds incredible, but it is absolutely true (Via ADST)

Posted: 12:17 am EDT

 

The Foreign Relations Authorization Act for fiscal years 1986 and 1987 (P.L. 99-93) amended the IG Act to include the Department of State and the Foreign Service. The Omnibus Diplomatic Security and Antiterrorism Act of 1986, (P.L. 99-399) required the establishment of an independent OIG at State by October 1, 1986. The OIG was established on August 27, 1986.  Sherman M. Funk was the State Department Inspector General from 1987–1994 . He served under four secretaries of state (Schultz, Baker, Eagleburger and Christopher).

Below is an excerpt from Mr. Funk’s oral history via ADST.

There’s a story which nobody believes that is absolutely true and people are still in jail as a result of it, the Japanese. This story sounds incredible, but it is absolutely true. When they built the new embassy in Tokyo, and a compound, the specifications called for two manholes on access points in the rear courtyard where the oil tank was buried. Nobody thought of asking why you needed two. And the embassy opened, and shortly after it opened the truck appeared, a big oil tank truck, guys wearing uniforms driving it. And the night before the security called in and said that they were getting oil, and they went through and opened up one of the manholes, put a hose down and they filled the tank. A couple days later another truck appeared in the morning, also a call to come through saying we were getting a delivery. Nobody thought of asking why deliveries so close. The truck came in, opened up the other manhole and put a thing down and it was true half of the oil had been pumped in a couple days before.

This went on for sixteen years, and in the sixteen years only one person, a young assistant GSO, ever inquired why we were buying so much oil. One person. And the admin counselor called in the senior FSN, the GSO type, and said make a study of why we’re spending so much money. The guy came back with the report that the weather is so volatile here, we have equipment which needs the oil. The person who did that report was the guy in charge of the scam. Toward the end one of the workers got disgruntled, that he wasn’t getting enough money on the scam, and went to the assistant security officer, our assistant regional officer, and said that, “You’re being robbed.” The assistant legal security officer went to the same FSN and asked him to look at it. The guy came back and said no problem. That went on for another year.

Now people who listen to that story say it’s not possible. Sixteen years we used enormous volumes of oil. In fact, we prosecuted. One of my lawyers and two of my investigators went out, we went to Tokyo, worked with the courts. It was hideously embarrassing for the Japanese by the way, and they were very tough on these people involved. We’re getting back most of the money, we’re suing the companies because they should have had controls to prevent that. But one of their biggest arguments, and if that were argued in the States, they would win, was you guys are so stupid why didn’t you guys know something was wrong. We just deliver for your requirements. To me, I find that so incredible, and it went on for sixteen damn years, but we’re getting millions of dollars back now. But we had to sue for it.

What kind of naiveté is it to ask somebody who would benefit from it? And if the thing was going on, he would certainly know what was going on. How much management moxie does it take? How much common sense does it take? Twice they went back to the same person who was the contact point in the embassy, who would make the telephone calls to have the deliveries come in the next morning. Incredible.

Read the full oral history interview here (PDF) conducted by Charles Stuart Kennedy on July 14, 1994.

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Asst Secretary for Consular Affairs Janice Jacobs to Retire Effective April 3

— Domani Spero

The State Department’s Assistant Secretary of State for Consular Affairs Janice Jacobs announced last week her retirement from from the State Department effective April 3.  Ambassador Jacobs was appointed  to the CA Bureau on 2008. Previous to this appointment, she was the U.S. Ambassador to Guinea Bissau, accredited at the same time to Senegal and was a resident in Dakar.  Excerpt from the announcement email sent to CA folks:

“It has been a wonderful thirty-plus years with the Department of State, serving in many different roles and in

English: Janice L. Jacobs

English: Janice L. Jacobs (Photo credit: Wikipedia)

many different locations around the world. As many of you have heard me say, my almost six years as Assistant Secretary has been the most enjoyable and the most rewarding of all the positions I have held.  I am extremely proud of the role the Bureau has played as a trailblazer in the area of leadership, and now, management.  Our team is recognized by counterparts throughout the Department for our balanced approach, our smart goal-setting, and our wise use of resources.  I am confident that you all will continue to innovate to provide the best of government service.” 

Ambassador Jacob’s two immediate predecessors, Maura Harty and Mary Ryan were both career Foreign Service officers, but seven of the twelve appointees since 1953 had been non-career appointees.

A quick summary of this top CA position via history.state.gov:

The Immigration and Nationality Act of 1952 (Jun 27, 1952; P.L. 82-414; 66 Stat. 174) established within the Department of State a Bureau of Security and Consular Affairs, headed by an Administrator with rank equal to that of an Assistant Secretary. From Mar 1 to Dec 30, 1954, the Bureau was renamed “Inspection, Security, and Consular Affairs”. From 1953 to 1962, the Secretary of State designated incumbents to this position. The Migration and Refugee Assistance Act of 1962 (Jun 28, 1962; P.L. 87-510; 76 Stat. 123) made the Administrator a Presidential appointee subject to the advice and consent of the Senate. In 1962, the Department transferred the security function to the Deputy Under Secretary for Administration, but the title remained unchanged until 1977, when the Foreign Relations Authorization Act for Fiscal Year 1978 (Aug 17, 1977; P.L. 95-105; 91 Stat. 847) changed the Administrator’s title to “Assistant Secretary of State for Consular Affairs.” This title has been given in full in all subsequent commissions to this office.

Here are the previous appointees.

The last political appointee assigned to the CA Bureau as Assistant Secretary was Elizabeth Tamposi under President George H. W. Bush . If you don’t remember the Bill Clinton passport files scandal, the NYT covered it here and here. More reading  here (Berry v. Funk) for some background and a separate judgement here, where the court granted monetary award to Ms. Tamposi for reimbursement of attorneys’ fees and expenses.

If you  have time to spare, you might also want to read Sherman Funk’s Oral History interview here; he was the IG at that time.  All Oral History interviews referenced to here are available via the Association for Diplomatic Studies and Training.

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Still No Junkyard Dog? Senator Cruz Warns He’ll Place a Hold on All State Dept Nominations

— By Domani Spero
U.S. Senator Ted Cruz (R-TX) today released the following statement regarding President Obama’s failure to nominate an Inspector General (IG) for the U.S. Department of State. IGs are congressionally mandated officers who provide independent agency oversight.

The President’s failure to nominate a State Department Inspector General since taking office in 2009 is unacceptable. The position has been vacant for almost 2,000 days. This is a crucial oversight position and should be a priority for an agency facing substantial management challenges.

While several federal agencies are operating without a Senate-confirmed Inspector General, only the State Department has been without a credible and independent Inspector General for so long.

During the last five years, there have been deadly attacks on U.S. diplomatic personnel in Libya, mismanagement of security contractors at our embassy in Afghanistan, and hundreds of millions of U.S. taxpayer dollars wasted for police training in Iraq. These issues highlight the State Department’s need for an Inspector General as soon as possible.

Until the President acts, I have notified Senate Majority Leader Harry Reid and Minority Leader Mitch McConnell that I will place a hold on all State Department nominations.

According to the Project on Government Oversight, the State Department’s Inspector General  has been vacant since January 16, 2008.  At 1,988 days and counting, the vacancy has been the longest unfilled position among the government watchdogs.  After over 600 days of vacancy, President Obama on June 10, 2013 did nominate Michael G. Carroll as the IG for USAID.

State Department sources apparently told The Daily Beast that outgoing Ambassador to Syria Robert Ford might be in contention for the IG job.  We don’t think that’s even permissible because he is still an active FS officer. And if he retires and is appointed IG, he would be in the same status as the current Acting IG Harold Geisel who is a retired FSO.  Ambassador Geisel, by the way, agrees that a Foreign Service officer cannot be an IG.  Below is an excerpt from his oral history interview.  The Sherman he refers to here is Sherman Funk who was named Inspector General for the State Department in 1987.

Q: The idea being to put somebody in who was not Foreign Service.

GEISEL: That is correct.

Q: Sort of, as I think they called it, a junkyard dog.

GEISEL: That’s what Sherman called it. He said his job was to be a junkyard dog. Now, the inspector general act did not require a non-Foreign Service type that was Jesse Helms who attached some legislation to something else that said a Foreign Service officer cannot be the IG. And after having served as the acting IG, I think that was one of the wisest things that Jesse Helms ever put into legislation because it’s impossible for a Foreign Service type who’s an honorable person to be IG when stuff is coming in over the transom about his friends.

Q: Yes.

GEISEL: I had to disqualify myself a few times. I would sign papers, my counsel would say you know this person, you’re going to sign this but you’re just going to see the person’s name but we’re not briefing you on this. Then I would be out of it and I would designate someone else to receive the work and to brief the deputy secretary about it. It didn’t happen too often but it happened.

Yup, the State Department needs a junkyard dog.  It needed that dog yesterday.

The State Department’s Patrick Ventrell says that “the Secretary and the President have identified an excellent candidate for Inspector General for the State Department, and we look forward to the nomination becoming public after the vetting and paperwork process is complete.”

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