Acting EUR A/S Philip Reeker to Serve as Chargé d’Affaires at US Embassy London

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On July 15, the State Department announced the appointment of the Acting Assistant Secretary for EUR Philip Reeker as Chargé d’Affaires, ad interim at the US Embassy in London.

Ambassador Philip T. Reeker will serve as Chargé d’Affaires, ad interim, at the Embassy of the United States of America to the Court of St. James’s, as of August 1, 2021. A career diplomat with the rank of Minister Counselor, Ambassador Reeker is currently the Acting Assistant Secretary of State for the Bureau of European and Eurasian Affairs. Prior to leading the Bureau of European and Eurasian Affairs, Ambassador Reeker was Civilian Deputy and Policy Advisor to the Commander of U.S. European Command in Stuttgart, Germany, and from 2008-2011 he was the U.S. Ambassador to North Macedonia.

The United States has no closer Ally than the United Kingdom, and Ambassador Reeker is dedicated to continuing to advance this special relationship.

Ambassador Reeker has served as Acting A/S for EUR since March 2019.With him off to London, who will mind the EUR shop? Biden’s nominee for EUR Karen Erika Donfried was announced in spring; her nomination received by the Senate Foreign Relations Committee on April 29, 2021. She is scheduled to have her confirmation hearing on July 20. Calculation must be that Dr. Donfried will get confirmed before the Senate’s August recess.
The current CDA for Embassy London Yael Lempert became Chargé d’Affaires, a.i. in January 2021 when Woody Johnson left post. Lempert previously took up her assignment as Deputy Chief of Mission in London in January 2019.  These are typically three year assignments, so her successor as DCM would not have been expected to arrived in London before January 2022.  Lempert is reportedly leaving post in two weeks.  She previously worked at the National Security Council during President Obama’s second term. She has also been the subject of attacks in the media for that tenure.
During Secretary Blinken’s May visit in London, he said, “…I’m particularly grateful to Yael Lempert for her extraordinary leadership of this mission. We’ve been colleagues for a long time. I’m grateful to have you here at this time.”

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Suspending Embassy Operations: Post and Bureau Not Told, and FOIA Redaction Fail

Posted: 1:12 am EDT
Updated: 5:28 pm EDT
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On February 25, 2011, the State Department announced the suspension of U.S. Embassy operations in Libya (see State Dept Suspends US Embassy Operations in #Libya, Withdraws All Personnel).  What we didn’t know then but we know now, thanks to the Clinton email dump, is that just a few days before that, neither the embassy nor the bureau was aware that they were suspending operations.

February 22, 2011 09:50 PM – HRC aide Jake Sullivan sent an email (partially redacted with FOIA b(5) code) to Janet A. Sanderson, the Deputy Assistant Secretary Bureau of Near East Affairs, with subject line “Suspending embassy ops” and asking “Where do we stand?”

February 22, 2011 10:14 PM – Sanderson emailed Sullivan:

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Feb 22 22:18:23 2011 (10:18 PM) – Sanderson also sent an email to M/Patrick Kennedy and Kathleen T. Austin-Ferguson, M’s Executive Assistant:

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February 22, 2011 10:37 PM – Kennedy responded to Sanderson saying he “talked to cheryl and tom” and that “they are also unaware.”“Checking with Secretary. At this moment we are NOT suspending. Fully agree not possible to do tomorrow and also risks libyan blow back.”  Email must be referencing HRC Chief of Staff Cheryl Mills and Deputy Secretary Tom Nides.

Embassy Tripoli eventually suspended operations on February 25, three days after the start of this email chain.  These emails are part of the Clinton email dump and it shows just how messed up is the FOIA at the agency.

On Feb 22 22:40:17 2011 (10:40 PM) – Sanderson responded to the Kennedy email, adding Ronald Schlicher to the email chain. Ambassador Schlicher was previously assigned to Cyprus, and also served as a DAS at the Bureau of Near East Affairs. We are not sure what was his position in 2011, but he must have been attached to NEA to be looped in in this exchange. Ambassador Schlicher was Principal DAS at the NEA bureau, and he would have been Sanderson’s boss at the time.  Here’s a clip from that email:

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Now, take a look at the email below with the same time stamp and same addresses, released as a separate email by the FOIA office at State:

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Why, they’re the same email, except that they were released as separate documents, and in the second document, the email is redacted under the b(5) FOIA exemption, also known in the FOIA community as the “Withhold It Because You Want To” Exemption.  “Yael” must have been Yael Lempert who was assigned to Tripoli as consular section chief in 2009 and featured in the NYT here for the release of four New York Times journalists in 2011 in Libya.  She may have been the acting DCM at the time of the suspension of operations.  “Joan” is presumably Joan Polaschik who was DCM and then CDA of Embassy Tripoli. She is currently the U.S. Ambassador to Algeria.

Here is what DOJ says about the b(5) exemption:

Exemption 5 of the FOIA protects “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.” (1) The courts have construed this somewhat opaque language, with its sometimes confusing threshold requirement, (2) to “exempt those documents, and only those documents that are normally privileged in the civil discovery context.” (3)

Here is what we are not supposed to read according to the FOIA ninjas, except that one of them forgot the Sharpie:

“I have just talked to post (Yael).She and Joan will work to reduce staff and send more out on ferry. Shd get down to 10- 12. She fully understands need for limited staff to stay to deal with community. Believes likely remainder will be position to leave in few days. Says situation is “worse than Baghdad in 2004-2005 “

No matter how you read the above passage, it is difficult to make the case that it fits the b(5) exemption unless you’re thinking of the “withhold it because you want to” exemption threshold.

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Emails in full released via FOIA below:

Suspending Ops Libya – February 22, 2011 11:05 PM: https://cloudup.com/cAlO_WHTfpc

Suspending Ops Libya February 23, 2011 7:59 AM: https://cloudup.com/cD33FlF7TCo

Suspending Ops Libya February 23, 2011 8:08 AM: https://cloudup.com/cjplOQtTEmw