FSO Jennifer Davis’ Security Clearance Revocation, a Very Curious Leak

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On April 9, Politico published an odd piece about the revocation of a Foreign Service officer’s security clearance.

“A top aide to the U.S. envoy to the United Nations has stepped aside after her security clearance was revoked, according to two people familiar with the matter.

Jennifer Davis, the de facto chief of staff to Amb. Linda Thomas-Greenfield, is a career Foreign Service officer who has worked at the State Department for 18 years, with previous postings in Colombia, Mexico and Turkey.”

The report says that the revocation came after a three-year investigation by the Bureau of Diplomatic Security. Davis served a three year tour as Consul General in Istanbul, Turkey from August 2016 to August 2019.

“In that role, she had a conversation with a reporter, Amberin Zaman of the Middle Eastern-focused news outlet Al-Monitor, about the problem of local staff being hassled and detained by Turkish authorities, according to the person close to her.

Zaman reported at the time that the Turkish pressure campaign was likely to expedite U.S. government plans to use visa sanctions to block certain Turkish officials from visiting the U.S. and said that a list of such officials had been drafted, citing “sources close to the Donald Trump administration.” Not only did she speak to Zaman with the knowledge and at the direction of her superior, according to the person close to Davis, the information she shared was “not at all sensitive” and was declassified soon after their discussion.”

The report further states that Davis spoke to Zaman “with the knowledge and at the direction of her superior” citing a person close to Davis. And that the information Davis shared “was not at all sensitive”  and it was reportedly declassified soon after the discussion occurred.
Security clearance revocations do not make news very often. The investigating office is often mum about the revocation and the subject of the security clearance investigation/revocation is often not able to talk about it. Unless they write about it. Or unless officials leaked it to the press, of course.
At least three people spoke to Politico: the “two people familiar with the matter” and “a person close to Davis who said that “Davis will “strongly contests the determination” and is “going to aggressively appeal this decision as quickly as possible.”
Nearly 1.4 million people hold “top secret” clearance. So why is the Davis case news?  We do not know, as yet, who stands to gain by the public revelation of this revocation. But see, this is making us well, perplexed and very curious.
Let’s try and see a public timeline of what happened prior to the reported revocation.
October 2017: In the fall of 2017, Turkey arrested a local national working at the US Consulate General Istanbul.
The U.S. Ambassador to Turkey during the first two arrests of US Mission employees (one in Adana, one in Istanbul) was John Bass who served from October 2014 to October 2017. Prior to the conclusion of his tenure in Turkey, the US Mission suspended visa services, a specific action taken by the U.S. Government over the Turkish Government’s treatment of U.S. Mission employees in Turkey. Ambassador Bass issued a statement about the arrests of two veteran employees of the U.S. Government in Turkey.
October 2017 – Chief of Mission to Chargé d’Affaires in Turkey
Philip Kosnett assumed the duties of Chargé d’Affaires in October 2017 upon the conclusion of Ambassador John Bass’ assignment in Turkey. He began his assignment as Deputy Chief of Mission at the U.S. Embassy in Ankara, Turkey in July 2016.  In July 2018, he was nominated by Trump to be U.S. Ambassador to Kosovo.  He was confirmed by the U.S. Senate in September 2018, and presented his credentials in Pristina in December 2018. That’s still his current assignment. Kosnett’s tenure as Chargé d’Affaires at US Mission Turkey was from October 2017 to on/around July 2018.
November 2017: Michael Evanoff was confirmed as Assistant Secretary of State for Diplomatic Security under the Trump Administration. He served in that capacity until his resignation in July 2020.
December 2017: U.S., Turkey mutually lift visa restrictions, ending months-long row
January 2018: A second local employe of U.S. Consulate General Istanbul was arrested.
On January 31, 2018, USCG Istanbul local employee Nazmi Mete Cantürk turned himself in to Turkish authorities and was placed under house arrest.  It was previously reported that in 2017, his wife and child were detained Oct. 9 in the Black Sea province of Amasya for alleged links to the Gülen network. He was the third USG employee arrested by the Government of Turkey.
The two arrests in Istanbul followed a previous arrest of a local employee at the U.S. Consulate in Adana in February 2017. Turkish authorities detained Hamza Uluçay, a 36-year veteran Turkish employee of the U.S. Consulate on unsubstantiated terrorism charges.
February 2018: Journalist Amberin Zaman published an article via Al-Monitor.
On February 1, 2018, a day after a second Consulate employee was put under house arrest by the Turkish Government,  Zaman published “Turkey resumes pressure on US Consulate staff” for Al-Monitor. This  was the article that reportedly spurned the investigation. Excerpt below:

“Turkey has reneged on its pledge to not hound locally employed staff at US missions on its soil, with police interrogating a Turkish citizen working for the US Consulate in Istanbul yesterday, Al-Monitor has learned. The move could likely accelerate the US administration’s plans to apply targeted visa sanctions against Turkish officials deemed to be involved in the unlawful detentions of US Consulate staff, provided that Secretary of State Rex Tillerson gives final approval, sources close to the Donald Trump administration told Al-Monitor.”

March 2018: Rex Tillerson, the 69th Secretary of State was fired.
A few weeks after the publication of the Zaman article, Rex Tillerson was fired from the State Department and left Foggy Bottom for the last time on March 22, 2018. His inner circle staffers followed him to the exit by end of that month. Also see Trump Dumps Tillerson as 69th Secretary of State, to Appoint CIA’s Pompeo as 70th SoS.

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US Mission Turkey: @ABDIstanbul Employee Mete Canturk Gets 5-Year Jail Term #WhatAreYouGonnaDo #StateDept

 

Reuters notes that Mete Canturk is the third U.S. consulate worker to be convicted in Turkey. Hamza Ulucay was sentenced to 4-1/2 years in prison on terrorism charges. Metin Topuz, a translator for the U.S. Drug Enforcement Administration at the consulate in Istanbul, was sentenced in June to nearly nine years in jail for aiding Gulen’s network.
See more here:

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Security Alerts in Turkey and Azerbaijan: Potential Terrorist Attacks and Kidnapping of US/Foreign Nationals

 

 

Dear @StateDept, What Are You Going to Do About Metin Topuz’s Imprisonment Besides Being “Deeply Troubled?”

 

The United States can do a lot more than simply express being “deeply troubled” or its “deep disappointment.” The question is will it do more? How much is it willing to do when it comes to Metin Topuz, a Turkish citizen employee who worked at the U.S. Consulate General in Istanbul prior to his arrest?
The State Department has 50,059 locally employed staff at 275 posts in 195 countries.
In August 2018, the Treasury Department targeted Turkish Justice Minister Abdulhamit Gul and Interior Minister Suleyman Soylu with financial sanctions over the country’s refusal to release Andrew Brunson, a Christian pastor who had been imprisoned by the Turkish government on charges of terrorism and espionage. In October 2018, Brunson was convicted, by Turkish authorities, on the charge of aiding terrorism, but was released from Turkish custody and returned to the United States.

 

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Turkish Court Rules to Keep USG Employee Metin Topuz in Jail

 

Reuters reported on December 11, that a Turkish court ruled that U.S. Consulate General Istanbul employee, Metin Topuz remain jail “as his trial on espionage charges continues.”
Reuters previously reported in September that the lawyers for Metin Topuz applied in January to the European Court of Human Rights and that  the ECHR has accepted the application.
The AP previously reported that Topuz began working at the consulate in 1982 as a switchboard operator and was promoted to work as an assistant and translator to the DEA’s American personnel in Turkey a decade later.
Topuz was first arrested in October 2017 and has now been incarcerated for over two years. He is still an employee of the U.S. Government. We’ve been wondering what’s going to happen to him. There’ll be another hearing in March. And on and on it goes? Until when?
The State Department has previously updated its Foreign Affairs Manual in 2017 which provides the terms and conditions for authorizing compensation payments for current and former locally employed (LE) staff who are/were imprisoned by foreign governments as a result of their employment by the United States Government.
So for “amount of benefit” which applies to locally employed staff at State and All Agencies under Chief of Mission Authority (includes DEA):

a. State:  Compensation may not exceed an amount that the State Deputy Assistant Secretary for HR determines to approximate the salary and benefits to which an employee or former employee would have been entitled had the individual remained working during the period of such imprisonment.

b. All other agencies:  Compensation may not exceed an amount that the agency head determines to approximate the salary and benefits to which an employee or former employee would have been entitled had the individual remained working during the period of such imprisonment.

c.  Once the compensation amount has been set, each agency will deny or reduce this compensation by the amount of any other relief received by the employee or other claimant, such as through private legislation enacted by the Congress.

Under the section of “other benefits”:

Any period of imprisonment for which an employee is compensated under this section shall be considered for purposes of any other employee benefit to be a period of employment by the U.S. Government, with the following exceptions:

(1)  A period of imprisonment shall not be creditable toward Civil Service retirement unless the employee was covered by the U.S. Civil Service Retirement and Disability System during the period of U.S. Government employment last preceding the imprisonment, or the employee qualifies for annuity benefits by reason of other services; and/or

(2)  A period of imprisonment shall not be considered for purposes of workers’ compensation under Subchapter I of Chapter 81 of Title 5, U.S.C., unless the individual was employed by the U.S. Government at the time of imprisonment.

Just pause and think about this for a moment.  Local employees are typically are not paid in U.S. dollars but paid in local compensation plans/currencies. The United States Government will only pay the amount that the employee would have been entitled to if she were at work (and not in prison). Were Congress to allocate any compensation, USG will deny or reduce the amount claimed beyond the approximate salary.
So compensated for eight hours a day considered a workweek but none for weekends and 16 hours a day spent incarcerated and away from families or being slammed around by prison hosts? (A former Turkish official assigned to NATO arrested and accused as a “Feto” member spoke of tortures and show trials).
Wow!  This is breathtaking and full of heart, we wanna scream.
Also with very few exceptions, most locally employed staff are not covered by U.S. Civil Service retirement. But former USG local employees who gets in the cross-hairs of their governments and imprisoned due to their employment with the U.S. Government, their imprisonment “shall not be considered for purposes of workers’ compensation”. That only applies if they are employed by the USG at the time of imprisonment.
State/HR’s Overseas Employment should be proud of that ‘taking care of local employees’ award.

 

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The Giant Halkbank Octopus: New Episodes Coming Soon!

 

From our old post in 2017: Erdogan Rages Against the U.S. Ambassador to Ankara — What’s That About?

On March 19, 2016, Reza Zarrab an Iranian-Turkish citizen was arrested for allegedly engaging in hundreds of millions of dollars of transactions on behalf of the Government of Iran and Iranian entities as part of a scheme to evade U.S. sanctions (Download u.s._v._zarab_et_al_indictment.pdf).

On March 28, 2017, Mehmet Hakan Atilla, a Turkish banker was also arrested and charged for alleged conspiracies to violate the IEEPA and to commit bank fraud (Download US v. Mehmet Hakan Atilla complaint.pdf).

On September 6, 2017 DOJ announced the Superseding Indictment alleging that nine defendants (including a former Turkish Minister of the Economy (currently serving in Turkish Parliament), and a former General Manager Of Turkish Government-Owned Bank), “conspired to lie to U.S. Government officials about international financial transactions for the Government of Iran and used the U.S. financial system to launder bribes paid to conceal the scheme.”

In November 2017, NBC News also reported that Zarrab began cooperating with federal prosecutors in a money-laundering case.
According to avhal, the Turkish banker, Hakan Atilla served 32 months in prison in the United States for helping Iran evade U.S. sanctions, and was released on July 19 this year. On October 21, 2019, Turkey’s Finance and Treasury Minister Berat Albayrak (and Erdogan’s son-in-law) announced that the former Halkbank director has been appointed as the director general of Borsa Istanbul, Turkey’s main stock exchange.
On October 15, USDOJ announced that TÜRKİYE HALK BANKASI A.S., a/k/a “Halkbank,” was charged in a six-count Indictment with fraud, money laundering, and sanctions offenses related to the bank’s participation in a multibillion-dollar scheme to evade U.S. sanctions on Iran.
On October 24, Senator Ron Wyden of Oregon announced that he is launching an investigation into the Halkbank scandal.
Courthouse News Service Adam Klasfeld who has covered this case extensively notes in his October 22 report that “Turkey continued to hold three U.S. consulate workers in captivity with relative silence from the White House, and Halkbank kept an indictment at bay for more than two years, even after its ex-general manager Suleyman Aslan and executive Atilla had been charged with the multibillion-dollar conspiracy.”
Back in 2017, we thought this thriller which started out actually in 2013  (see the New Yorker’s Dexter Filkins piece, A Mysterious Case Involving Turkey, Iran, and Rudy Giuliani) — with a cargo plane from Accra, Ghana, which was diverted to Istanbul’s main international airport, because of fog, and three thousand pounds of gold bars — was going to unravel under the glare of sunlight, but here we are in 2019.  So now we wait for the next episodes.

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U.S.-Turkey Announce Reciprocal Resumption of Visa Services, Then Turkey Throws U.S. Accusation

Posted: 1:39 am ET
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U.S. Mission Turkey Representatives, Lawyer Not Allowed to See Jailed Turkish Employee

Posted: 4:15 am ET
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We recently blogged about the arrest of U.S. Mission Turkey’s local employee in Istanbul (see Turkey Arrests U.S.Consulate General Istanbul Local Employee Metin Topuz on “Terror Charges”U.S. Mission Turkey Suspends All Non-Immigrant Visa Services Over Latest Arrest of Local Employee

Note that there are no cancellation of visas, and this is not a visa ban, but this is clearly, a specific action taken by the U.S. Government over the Turkish Government’s treatment of U.S. Mission employees in Turkey.

The U.S. Ambassador to Turkey John Bass released a fuller statement on the suspension of visa services (see below). Ambassador Bass notes that this is the second arrest of a Turkish staff member of U.S. Mission Turkey. Both employees arrested have worked for the U.S. Government at U.S. Mission Turkey for over 30 years.

Last week, for the second time this year, a Turkish staff member of our diplomatic mission was arrested by Turkish authorities.  Despite our best efforts to learn the reasons for this arrest, we have been unable to determine why it occurred or what, if any, evidence exists against the employee.  The employee works in an office devoted to strengthening law enforcement cooperation with Turkish authorities and ensuring the security of Americans and Turkish citizens.  Furthermore our colleague has not been allowed sufficient access to his attorney.

Ambassador Bass also points out that the local employee was doing his job for the diplomatic post:

Let me be clear: strengthening law enforcement cooperation between the United States and Turkey was the employee’s job.  Speaking to and traveling with Turkish police was a part of his regular duties and the Turkish government has not shared any information to indicate the employee was involved in any illegal activity.  

We understand that the U.S. Government has provided attorneys for the jailed employee in Adana, as well as the jailed employee in Istanbul but access has been problematic. A source speaking on background confirmed to us that the U.S. Government has asked for the release of these employees and that the Government of Turkey’s response has been “we’ll look into it.”  The U.S. Government has also requested to see Metin Bey in Istanbul but was not allowed to see him.

Under Turkey’s “state of emergency”, U.S. Mission employees do not have proper access to counsel and they aren’t informed of charges or evidence against them. Turkish President Recep Tayyip Erdogan first announced that Turkey will be placed under a “state of emergency” for three months, in response to the failed coup in mid 2016. Al Jazeera notes that Turkey’s last “state of emergency” was imposed in the country’s southeast region for the fight against Kurdish armed groups in 1987 and only lifted in 2002. It also points out that “under a state of emergency in Turkey, the president can largely rule by decree.”  On October 6, the Council of Europe has called on Turkey to ease post-coup state of emergency laws that have seen thousands arrested and to restore power to regional authorities.

Turkey Seeking a Third Employee?

In related news, Turkey’s Anadolu Agency reported on Monday that an “unnamed U.S. Consulate employee has been summoned to testify as a suspect” citing the Chief Prosecutor’s Office” in Istanbul: “An employee at the U.S. Consulate Istanbul, N.M.C., who does not have diplomatic immunity, has been summoned to our chief public prosecutor’s office [in Istanbul] for his testimony.” According to the report, the statement released also says that the employee’s “child and wife have been detained on terror charges in Amasya, a city in the Black Sea region.” Elsewhere, local media reports also say that this unnamed employee has not left the Consulate.

Despite wide reporting concerning this third employee, the Government of Turkey has apparently told the U.S. Government that there is no warrant (yet) for the third employee. A source familiar with the matter told us that it is not true that the employee has not left the Consulate or that he is staying at the Consulate.

But let that sink in. They’re holding the employee’s wife and child on terror charges. What’s to keep the Turkish Government from holding as hostages the family members of any or all local employees in Turkey, so those employees would voluntarily surrender without charges, without lawyers, just to keep their families safe?

Dual Turk-American Citizens

There are also multiple Americans jailed in Turkey after the failed coup attempt (see Americans Jailed After Failed Coup in Turkey Are Hostages to Politics): We understand that American Consular Officers have been given access to Americans in jail but not if the individuals are dual nationals. Apparently, the Government of Turkey has told the U.S. Government that if the jailed individuals are dual Turk-Americans, that the United States has no right to see them.

Okay — So Why the Why?

Folks are not sure if Turkey is playing hardball because of Fethullah Gulen (based in the U.S.), accused by Ankara of masterminding the July 15 coup attempt,  or because of Reza Zharab, an Iranian-Turkish citizen arrested for conspiring to evade U.S. sanctions against Iran, money laundering, and bank fraud, a case that allegedly implicates certain officials including a former Turkish Minister of  the Economy, and a former general manager of a Turkish Government-owned bank. It’s worth noting that the Zharab case has expanded to include nine defendants, and is scheduled to begin trial on October 30 before Judge Berman in the Southern District of New York. The prosecution of the Zharab/Zarrab case is being handled by the Southern District of New York’s Terrorism and International Narcotics Unit. Yo! And that Consulate employee Turkey arrested in Istanbul works for the Drug Enforcement Administration (DEA).

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U.S. Mission Turkey Suspends All Non-Immigrant Visa Services Over Latest Arrest of Local Employee

Posted: 2:01 am ET
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On October 8, the U.S. Embassy in Ankara announced the suspension of all temporary visa services for the embassy and consulates in Turkey. The statement says that “recent events have forced the United States Government to reassess the commitment of the Government of Turkey to the security of U.S. Mission facilities and personnel.” This development follows the arrest of U.S. Consulate General’s Metin Topuz, a locally hired employee in Istanbul this past week (see Turkey Arrests U.S.Consulate General Istanbul Local Employee Metin Topuz on “Terror Charges”). There was also the prior arrest of the U.S. Consulate Adana local employee Hamza Uluçay, arrested in March on charges of “being a member of a terror organization” and who remains in jail to this day.

Hamza Uluçay has worked for the U.S. Consulate in Adana for 36 years, and according to Hurriyet Daily News was arrested as he left the consulate building for “allegedly attempting to direct the public to provocative activities in the southeastern province of Mardin.” Back in March, Hamsa Bey was reportedly referred to a local court in Mardin’s Kızıltepe district but he was later released on probation. The prosecutor objected to the release and he was detained for the second time on charges of “being a member of a terror organization.”  According to Hurriyet, the searches at Hamsa Bey’s residence includes seizure of $21 U.S. dollars with B, C, D, F, G, K and L series on them.

An AP report in April 2016 previously notes that Turkish  authorities are citing U.S. banknotes, specifically $1 bills as evidence that people are followers of Fethullah Gulen, a U.S.-based Muslim cleric whom Turkey accuses of orchestrating the coup. Turkish Justice Minister Bekir Bozdag reportedly told the A Haber television channel, “There is no doubt that this $1 bill has some important function within the Gulenist terror organization.” The AP report citing the Aksam daily, says that one theory is that F designates a high-ranking soldier or police chief; J and C represent low-ranking soldiers; E and S are for instructors and academics in Gulenist schools and B is for students.

In July,  Henri J. Barket wrote about Hamsa Bey in The Atlantic’s Erdogan’s Anti-Westernism Picks Up Speed:

One particularly absurd case is that of Hamza Uluçay, a 37-year employee of the U.S. consulate in Adana, who was picked up on “terrorism” charges. He is a foreign service national, a local hire who helps U.S. diplomats arrange meetings and navigate the local political and social scene. I have known Hamza for 25 years—I first met him in the 1990s in Adana during a research trip. When I saw him last in March 2016, I joked with him that he ought to never retire because Consulate Adana, notwithstanding his American colleagues, could not function without him. These audacious charges amount to nothing less than sticking a thumb in America’s eye.

Local employees including those in small posts like Adana provide not only bridges with local host country nationals and officials, they also provide continuity for posts so our diplomats are able to do their jobs. The U.S. Consulate in Adana covers a consular district that encompasses 22 provinces, including Turkey’s borders with Syria, Iraq and Iran. Its district includes the major cities of Mersin, Gaziantep, Şanlıurfa, Diyarbakır, and Van that have large Kurdish population. One diplomat told us that “Hamza Bey in Adana is one of our finest.” Local employees do not freelance, or go rogue; the calls and contacts they make in their own countries are connected to their jobs, and are done on behalf of their American supervisors, and consequently, on behalf of the United States. Unlike American diplomats who have diplomatic and consular immunity (PDF), local employees do not have such privileges and immunities.

The second, and latest local employee arrested by Turkish authorities is Metin Topuz “on charges of espionage and links to FETÖ, the group blamed for the July 15, 2016 coup attempt that killed 249 people in Turkey.” According to the Daily Sabah, a Turkish pro-government daily, the indictment for Metin Bey includes “contact with a number of police chiefs in Istanbul where he worked” and all those police chiefs involved in the 2013 coup attempts were FETÖ members in the judiciary and law enforcement.” The indictment reportedly also charged that he is a liaison between members of FETÖ and its leader, Fetullah Gülen, who lives in Pennsylvania.”

The Daily Sabah previously reported this arrest as “US consulate linked to another alleged FETÖ conspiracy.” The newspaper citing a report by the Akşam newspaper says that “M.T. assisted FETÖ-linked police chiefs in handing over documents regarding the 2013 police operations to Preet Bharara, a former New York attorney who conducted an investigation into Reza Zarrab, an Iranian-Turkish national who is being held in the U.S. three years after being included in a 2013 probe involving people close to the government in Turkey.”

We understand that Metin Bey works for the Drug Enforcement Administration (DEA) in Istanbul. Contacts with members of the local judiciary or law enforcement would certainly be part of his job, a fact lost on the Government of Turkey.  Turkey watchers notice that government-affiliated press is ramping things up. U.S. Mission Turkey’s October 5 made reference to leaks, and an attempt to try Metin Bey in the media rather than in the court of law.

It is probably not an accident that the local employees arrested are long-term employees of the U.S. Mission in Turkey. The question is if this is now open season for all Turkish nationals working for the United States in Turkey. If the Turkish Government can go after employees at the U.S. consulates, how long before they’re going to go after the Turkish nationals working for the U.S. Military in Turkey?

According to turkeypurge.com which monitors President Erdogan’s purges since July 15, 2016, our NATO-ally Turkey has now arrested over 60,000 individuals, detained over 127,000 people, arrested over 300 journalists, shut down 187 media outlets, and sacked over 146,000 state officials, teachers, bureaucrats, and academics who were dismissed by government decrees.

And now this — Turkey’s MFA copy/pasted the official USG statement, and has now issued a reciprocal suspension of visa services at all Turkish diplomatic facilities in the United States. It addition to its embassy, Turkey has seven consulates in the U.S.: Boston, Chicago, Houston, Los Angeles, Miami, New York, and San Francisco.

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Turkey Arrests U.S.Consulate General Istanbul Local Employee Metin Topuz on “Terror Charges”

Posted: 5:10 am ET
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