May 13, 2013 The Next Scapegoat By DAVID BROOKS

May 13, 2013     The Next Scapegoat      By DAVID BROOKS

Twenty years ago, when she was a young Foreign Service officer in Moscow, Victoria Nuland gave me a dazzling briefing on the diverse factions inside the Russian parliament. Now she is a friend I typically see a couple times a year, at various functions, and I have watched her rise, working with everybody from Dick Cheney to Hillary Clinton, serving as ambassador to NATO, and now as a spokeswoman at the State Department.

Over the past few weeks, the spotlight has turned on Nuland. The charge is that intelligence officers prepared accurate talking points after the attack in Benghazi, Libya, and that Nuland, serving her political masters, watered them down.

The charges come from two quarters, from Republicans critical of the Obama administration’s handling of Benghazi and intelligence officials shifting blame for Benghazi onto the State Department.

It’s always odd watching someone you know get turned into a political cartoon on the cable talk shows. But this case is particularly disturbing because Nuland did nothing wrong.

Let’s review the actual events. Ambassador J. Christopher Stevens was killed on Tuesday, Sept. 11, 2012. For this there is plenty of blame to go around. We now know, thanks to reporting by Eric Schmitt, Helene Cooper and Michael Schmidt in The Times, that Benghazi was primarily a C.I.A. operation. Furthermore, intelligence officers underestimated how dangerous the situation was. They erred in vetting the Libyan militia that was supposed to provide security.

The next day, Nuland held a background press briefing, a transcript of which is available on the State Department’s Web site. She had two main points. There’s a lot we don’t know. The attack was conducted by Libyan extremists. She made no claim that it was set off by an anti-Muslim video or arose spontaneously from demonstrations.

On Friday, Sept. 14, David Petraeus, then the director of the C.I.A., gave a classified briefing to lawmakers in Congress. The lawmakers asked him to provide talking points so they could discuss the event in the news media.

C.I.A. analysts began work on the talking points. Early drafts, available on Jonathan Karl’s ABC News Web site, reflect the confused and fragmented state of knowledge. The first draft, like every subsequent one, said the Benghazi attacks were spontaneously inspired by protests in Cairo. It also said that extremists with ties to Al Qaeda participated.

The C.I.A. analysts quickly scrubbed references to Al Qaeda from the key part of the draft, investigators on Capitol Hill now tell me.

On Friday evening of Sept. 14, the updated talking points were e-mailed to the relevant officials in various departments, including Nuland. She wondered why the C.I.A. was giving members of Congress talking points that were far more assertive than anything she could say or defend herself. She also noted that the talking points left the impression that the C.I.A. had issued all sorts of warnings before the attack.

Remember, this was at a moment when the State Department was taking heat for what was mostly a C.I.A. operation, while doing verbal gymnastics to hide the C.I.A.’s role. Intentionally or not, the C.I.A. seemed to be repaying the favor by trying to shift blame to the State Department for ignoring intelligence.

Nuland didn’t seek to rewrite the talking points. In fact, if you look at the drafts that were written while she was sending e-mails, the drafts don’t change much from one to the next. She was just kicking the process up to the policy-maker level.

At this point, Nuland’s participation in the whole affair ends.

On Saturday morning, what’s called a deputies committee meeting was held at the White House. I’m told the talking points barely came up at that meeting. Instead, the C.I.A. representative said he would take proactive measures to streamline them. That day, the agency reduced the talking points to the bare nub Susan Rice, the American ambassador to the United Nations, was given before going on the Sunday talk shows.

Several things were apparently happening. Each of the different players had their hands on a different piece of the elephant. If there was any piece of the talking points that everybody couldn’t agree upon, it got cut. Second, the administration proceeded with extreme caution about drawing conclusions, possibly overlearning the lessons from the Bush years. Third, as the memos moved up the C.I.A. management chain, the higher officials made them more tepid (this is apparently typical). Finally, in the absence of a clear narrative, the talking points gravitated toward the least politically problematic story, blaming the anti-Muslim video and the Cairo demonstrations.


Is this a tale of hard intelligence being distorted for political advantage? Maybe. Did Victoria Nuland scrub the talking points to serve Clinton or President Obama? That charge is completely unsupported by the evidence. She was caught in a brutal interagency turf war, and she defended her department. The accusations against her are bogus.

same sex couples are treated equal as opposite sex couples for immigration law purposes

US to process same-sex visa applications
Kimberly Bennett , Saturday, August 03, 2013

[JURIST] Secretary of State John Kerry announced [transcript] Friday that the US will begin processing same-sex visa applications the same way opposite-sex visa applications are processed.  Speaking at the US embassy in London, Kerry stated, "As long as a marriage has been performed in the jurisdiction that recognizes it, then that marriage is valid under US immigration laws. Every married couple will be treated exactly the same, and that is what we believe is appropriate." US immigration officials announced [text] a similar shift in official policy last month, which allows same-sex partners to receive the same review as opposite-sex couples when filing a petition with US Citizenship and Immigration Services (USCIS) [official website].  The new visa policy will allow same-sex couples to travel to the US for work or study once one spouse is issued a visa. Kerry also added that the measure will allow even same-sex couples applying from countries that do not legally recognize their marriage to receive equal treatment as opposite-sex couples when applying for visas in the US.

Same-sex marriage [JURIST backgrounder] legislation has been passed in a number of states, eventually finding its way to the US Supreme Court [official website]. In June the Supreme Court ruled [JURIST report] in two landmark same-sex marriage cases. In United States v. Windsor [SCOTUSblog backgrounder], the court ruled [opinion, PDF] 5-4 that Section 3 of the federal Defense of Marriage Act (DOMA) [text; JURIST news archive] is unconstitutional. Under DOMA, couples in same-sex marriages legally recognized by a state were denied federal benefits extended to married couples.  In Hollingsworth v. Perry [SCOTUSblog backgrounder] the court ruled [opinion, PDF] 5-4 that the petitioners lacked standing to appeal the district court's order striking down Proposition 8 [text, PDF; JURIST news archive], California's same-sex marriage ban. Despite recent events, some believe [JURIST op-ed] that same-sex couples have still not reached a guarantee of marriage equality.

Same-Sex Marriages

Statement from Secretary of Homeland Security Janet Napolitano on July 1, 2013:

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

Secretary Kerry: August 2013 » Announcement on Visa Changes for Same-Sex Couples
Remarks
John Kerry
Secretary of State
U.S. Embassy London
London, United Kingdom
August 2, 2013

SECRETARY KERRY: Thank you. Well, thanks for gathering, I know on relatively short notice. I really appreciate it. One of the – first of all, it’s great to be in London, and thank you for all of you here. How many of you are Embassy? You all raise your hands. How many are consular section? A few. Most of them I left behind in the consular section now, anyway. Well, thank you for joining us.
One of the most special things that we get to do – you guys, come on in. Let’s get everybody in here before we start, whoever’s standing in. I know we have one of the largest consular sections in the world here. I think Moscow may be slightly larger. But the work that you all do here is really important, because for many people, you’re the first faces that people get to see of America and the first impression they get. And hopefully, it can be a good one. Obviously, sometimes there are visa issues and it doesn’t always turn out the way people want it to be.

But we appreciate what you do, and the fact is that one of the greatest responsibilities of the State Department is to show people who America is, who we are as people, and what we value as Americans. And that’s what every single one of you do every single day here at Embassy London, and it’s what our colleagues do at posts all around the world. I just came from addressing a very large gathering in Islamabad, Pakistan, a difficult tour of duty, but equally important in terms of our efforts to promote democracy and promote the values of human rights and so forth.

So when I first came here in my first stop, my first foreign stop as Secretary of State 27 countries ago, I said to everybody that you’re all ambassadors no matter what you’re doing here, and that is true. When you step out of the Embassy and go down the street or wherever you live, wherever you are, you’re an ambassador of our country. And when you treat people with respect and you give them the best of yourselves, you show them the best of America, and that means showing them what we believe, what we stand for, and what we share with the world.

One of our most important exports by far is America’s belief in the equality of all people. Now, our history shows that we haven’t always gotten it right. As I mentioned yesterday in Islamabad, slavery was written into our Constitution before it was written out. And we are still struggling to make equal the rights between men and women and to break the glass ceiling and to make sure that all people are created equal. That is what we try to do, I think wearing our heart on our sleeve, and sometimes our warts, more than almost any other nation on the face of the planet. We believe in working to do better and to live up to these higher values, and we try to do it in a lot of different ways.

Today is one of those days. I’m very pleased to be able to announce that effective immediately, when same-sex spouses apply for a visa, the Department of State will consider that application in the same manner that it will consider the application of opposite-sex spouses. And here is exactly what this rule means: If you are the spouse of a U.S. citizen, your visa application will be treated equally. If you are the spouse of a non-citizen, your visa application will be treated equally. And if you are in a country that doesn’t recognize your same-sex marriage, then your visa application will still be treated equally at every single one of our 222 visa processing centers around the world.

Now, as long as a marriage has been performed in a jurisdiction that recognizes it so that it is legal, then that marriage is valid under U.S. immigration laws, and every married couple will be treated exactly the same, and that is what we believe is appropriate. Starting next year, that will include same-sex couples from England and Wales, which just this year passed laws permitting same-sex marriage that will take effect in 2014.

And as you know, more than two years ago, President Obama instructed our Department of Justice to stop enforcing DOMA. Then just a few weeks ago, the Supreme Court of the United States declared DOMA unconstitutional. Today, the State Department, which has always been at the forefront of equality in the federal government, I’m proud to say, is tearing down an unjust and an unfair barrier that for too long stood in the way of same-sex families being able to travel as a family to the United States.

I am proud to say that I voted against DOMA, one of 14 votes against it and the only person running for election that year who voted against it, and it’s one of the better votes that I’ve cast. It was the right vote then, it’s the right vote today. And I’m pleased to make this announcement today because this is one of those moments where policy and values join together. And I think those of you in the consular division, more than me or more than any of us back at the State Department on a daily basis, are going to bet you’d be the people who get to make this a reality for people.

So those of you working today in the consular section will make history when you issue some of the first visas to same-sex couples, and you will be some of the first faces to welcome them to the United States in an always – a country that obviously is always trying to tweak and improve and do better by the values around which we were founded. You share in the great responsibility of making our country live its values, and you make possible the journey of those who want to visit our country for that reason and many more.


I might remark that I get to sit up on the 7th floor of the State Department looking out straight at the Lincoln Memorial. This year marks the 50th anniversary of the famous march on Washington and of Martin Luther King’s unbelievably eloquent and historic plea for equality. So that is where the dream was declared, the march goes on, this is several more steps in that march. I can’t thank you enough for your hard work, and as always, I am proud to call myself your colleague. Thank you very much. (Applause.)

Our Ceaseless Circus By FRANK BRUNI

May 13, 2013   Our Ceaseless Circus     By FRANK BRUNI

Four Americans died in Benghazi, Libya: people with unrealized hopes, unfinished plans, relatives who loved them and friends who will miss them.

But let’s focus on what really matters about the attack and its aftermath. Did Hillary Clinton’s presumed 2016 presidential campaign take a hit?

We live in a country lousy with guns and bloody with gun-related violence, manifest two weeks ago in a Kentucky 5-year-old’s fatal shooting of his 2-year-old sister, evident over the weekend in a hail of bullets at a Mother’s Day parade in New Orleans.

But let’s cut to the chase. Did Kelly Ayotte, the New Hampshire senator, safeguard or endanger her political future by casting one of the votes that doomed gun-control legislation in the Senate? And does the law’s failure mean that it’s time to write the obituary for Barack Obama’s presidency, which has more than 1,300 days to go, or can we wait — I don’t know — a week or maybe even two to do that?

Now we have a scandal at the Internal Revenue Service to factor in. And a scandal it is, in urgent need of a thorough investigation, which President Obama pledged at his news conference on Monday and which we’re very much owed.

But before we get a full account, let’s by all means pivot to the possible political fallout, politics being all that seems to matter these days. Will Republicans ever trust and be able to work with the administration again? (This is being asked as if there were all that much trust and cooperation in the first place.) Have they finally been handed the cudgel that can whack Obama and his crew into oblivion? Assess, discuss and please don’t forget to make predictions about the 2014 midterms.

It never gets better and may in fact be getting worse: the translation of all of the news and of all of Washington’s responses into a ledger of electoral pluses and minuses, a graph of rising and falling political fortunes, a narrative of competition between not just the parties but the would-be potentates within a party. On issue after issue, the sideshow swallows the substance, as politicians and the seemingly infinite ranks of political handlers join us journalists in gaming everything out, ad infinitum.

To follow the debate over immigration reform is to lose sight at times of the 11 million undocumented immigrants in limbo and the challenge of finding the most economically fruitful and morally sound way to deal with them and their successors. No, the real stakes are United States Senator Marco Rubio’s presidential aspirations. Will he pay a high price with the Republican base for pushing a path to citizenship? Or will he earn necessary centrist credentials?

And where does it leave him vis-à-vis Rand Paul and Ted Cruz, who are fellow Republican senators itching for prominence and are also hypothetical primary rivals? The next presidential election is three and a half years away — an eternity, really — but instead of putting a damper on speculation, that time span has encouraged it, letting a thousand theories and nearly as many contenders bloom.

We can wonder: if Clinton decided not to run, would a door open for another woman, Senator Kirsten Gillibrand of the New York? Just how well has Gillibrand positioned herself for such a turn? That story is already out there, and in it her record is framed largely in terms of her prospects for national office, as if one exists in the service of the other, as if the point of a Congressional seat is leveraging it into an even better, more regal throne.

What about the actual business of governing? Between all the preening, partisan cross-fire and of course fund-raising that consumes members of Congress, is there any space and energy for that?

Not much, to judge from either the sclerosis that now defines the institution or the obsessions of those of us in the media. Our quickness to publicize skirmishes and divine political jockeying abet both. Actors tend to do whatever keeps the audience rapt.

At Obama’s news conference, he breezed past the I.R.S. debacle too quickly, and I’m not sure why he’d stayed mum until then. He flashed too much self-righteous anger about the scrutiny of the Benghazi talking points, which strike to important matters of accountability and credibility.

But however self-servingly, Obama got one thing about Benghazi exactly right: what’s most vital, and what’s being obscured, is how we improve diplomatic security.

After all, the fates altered most profoundly by the attack weren’t his or Clinton’s or any other pol’s, but rather those of the four lost Americans: Christopher Stevens, Glen Doherty, Tyrone Woods and Sean Smith.


“We dishonor them,” Obama said, “when we turn things like this into a political circus.” Indeed. But it’s what we turn almost everything into.