Secretary Clinton on Internet Freedom

Secretary of State Hillary Rodham Clinton gives a speech on Internet freedom at the Newseum in Washington, DC. | Jan, 21, 2009. | Duration: 59:44



"Our foreign policy is premised on the idea that no country more than America stands to benefit when there is cooperation among peoples and states. And no country shoulders a heavier burden when conflict and misunderstanding drive nations apart. So we are well placed to seize the opportunities that come with interconnectivity. And as the birthplace for so many of these technologies, including the internet itself, we have a responsibility to see them used for good. To do that, we need to develop our capacity for what we call, at the State Department, 21^st century statecraft.

Realigning our policies and our priorities will not be easy. But adjusting to new technology rarely is. When the telegraph was introduced, it was a source of great anxiety for many in the diplomatic community, where the prospect of receiving daily instructions from capitals was not entirely welcome. But just as our diplomats eventually mastered the telegraph, they are doing the same to harness the potential of these new tools as well."

Read Full Text

Secretary Clinton Arrives in Haiti in C-130

U.S. Secretary of State Hillary Rodham Clinton, US Ambassador Kenneth Merten, Counselor Cheryl Mills, USAID Administrator Raj Shah and Deputy Commander SOUTHCOM General P.K. Keen meet with President Rene Preval in a tent at the Port-au-Prince airport, Haiti on Jan. 16, 2010.

[State Department. Photo/ Public Domain] 

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Quickie: Obama, Diplomat-in-Chief

Kenneth Weisbrode, author of the The Atlantic Century: Four Generations of Extraordinary Diplomats who Forged America's Vital Alliance with Europe (Da Capo, Nov. 2009) has a new piece in the History News Network (Obama, Diplomat-in-Chief | 1-11-10). Excerpt below: 

[…] The consensus seems to be that Barack Obama and his team have achieved something important, namely a “reset” of America’s international image, but have done less than what they promised. However premature it may be to reach such a verdict, Obama’s actions strike some as overly tentative, even ambivalent—the implication being that he is still learning on the job.



He probably is, as should even the most experienced chief executive. Issuing annual report cards on his handling of foreign policy, issue by issue, may overlook this point, as well as three others: American presidents are rarely able to get all they want; Obama hardly assumed office with a clean slate; and America’s relationship with the rest of the world amounts to much more than the decisions and actions of a single American president, especially after one year.

Moreover, both Obama and his Secretary of State, Hilary Clinton, have spoken often of the long term and, to repeat a Washington cliché, of keeping their focus on the important as well as the urgent. But just what is the “long term”? And how does a president focus upon it while also dealing with the massive daily workload, not to mention a 24-hour news cycle?

[…]

The global America that Obama personifies is very much a work in progress. Its relations with the world need as much order as its relations in the world need broadmindedness. Obama has done much so far to change the tone of the latter. One can only hope that he will succeed with respect to the former as he pursues what looks to be a rather pragmatic foreign policy of continuous adjustment. But 2010 is likely to force his and America’s hand; and the thoughtful, deliberate executive may come to find greater use for the inspirational mover of the masses who so dominated the headlines little more than a year ago.

It is an interesting read.  See the whole thing here.

HRC Swears in New USAID Administrator

Photo from USAID

Secretary Clinton was at the Ronald Reagan Building today for the swearing in of the new USAID Administrator, Dr. Rajiv Shah (January 7, 2010 | 1:30 pm EST). Excerpt below from her statement:

I know it’s been a long wait to have a new Administrator named, and it took even longer to get him confirmed and sworn in, but it has been worth the wait, because in Dr. Raj Shah, we have a passionate, visionary, experienced development expert at the helm. And I am so thrilled that he will provide the leadership that is needed today as we not only work in partnership on so many of the issues that we care deeply about, but that we continue to elevate the role of development in our foreign policy.

Yesterday, I was privileged to give a speech that I had been waiting to give until we had an Administrator – so I was especially pleased that that day came – in which we outlined our new approach to development, our commitment to rebuilding AID as the premier development agency in the world, bar none. (Applause.) When I finished my speech, someone came up and whispered to me, “Does Raj know what he’s getting into – (laughter) – how much work he has ahead of him?” I said, oh, he totally gets it, and he is more than ready.

There is no doubt that we are going to be taking on an enormous agenda. But we don’t have a choice. We’re working on major initiatives on food security and global health, we’re pursuing new ways and making a greater commitment to women and girls, we’re expanding partnerships not only with governments and multilateral institutions, but with the private sector, the NGOs and civil society and the faith community. And we’re undertaking the Quadrennial Diplomacy and Development Review through the State Department and USAID. Alonzo has been co-chairing that. Raj will now co-chair it.

[…]

I believe Dr. Raj Shah will be the transformational leader that USAID has been waiting for. One only needs to ask his wife Shivam the lengths to which Raj will go to achieve important goals. After all, this is a man who flew to India for one day to propose to her at the Taj Mahal when she was traveling there alone. (Laughter.) This is also a man – (applause) – who summated the 14,400-foot Mount Rainier, one of the most difficult climbs in the continental United States. And it combines the challenges of an unforgiving glacier with the unpredictability of an active volcano. That may be the best preparation Raj has for working in Washington these days. (Laughter.)

Read the full text of Secretary Clinton’s statement at the swearing-in ceremony here. Dr. Shah’s statement is also here.

Updated: 1/9

Why is the Secretary of State swearing-in the head of an independent agency?  Although USAID is an independent federal government agency, it receives overall foreign policy guidance from the Secretary of State.

Dr. Shah’s swearing in by Secretary Clinton does have some precedence. When Andrew Natsios became USAID Administrator in May 2001, he was sworn-in by Secretary Colin Powell. Henrietta Fore, Dr. Shah’s most recent predecessor became the 15th Administrator on December 2007. She was sworn-in by Secretary Rice.  Natsios was USAID Administrator prior to the creation of the "F" bureau.  Fore was USAID director after the creation of the "F" bureau  and she served concurrently as the second Director of Foreign Assistance. It is perhaps telling that the new USAID Administrator has not been identified as also director of the "F" bureau.  If the USAID Administrator is not  the Director of Foreign Assistance in the DOS structure, then who is? 

 

Insider Quote: A very daunting undertaking

“Because the war in Iraq is winding down, but as the war winds down and our military troops leave, the State Department and USAID [United States Agency for International Development] are expected to assume even more responsibility. I'll give you one example: the military has been doing the police training in Iraq. They have a lot of resources to do these jobs. Not only tens of thousands of bodies but all kinds of equipment and flexibility in funding streams that are not part of the experience of the State Department or USAID, and I'm having to accept the responsibility, which is going to be handed off. That's a very daunting undertaking.”

Hillary Clinton

Secretary of State

Newsweek: Hillary Clinton, Kissinger on Sec. of State Job

HRC Hosts "Diplomacy at Home for the Holidays”

Screen capture from state.gov video

Today at 6:00 p.m. Secretary Clinton will host the "Diplomacy at Home for the Holidays” event honoring the families of the US government employees serving unaccompanied tours. The event will be held in the Diplomatic Reception Rooms of the State Department that have recently been decorated for the holidays.

The State Department says that nearly 1,000 State Department employees are currently serving unaccompanied tours overseas; in places too dangerous to bring family or host visitors, and their commitment through the holidays is a testament to their dedication and devotion to serving our country.

Updated: 12/8 Screen capture of event added above. The transcript of the Secretary’s remarks is here. The video of the event is currently not available for embedding, but can be viewed here. The video is 19:58 long, with an introduction by Chief of Protocol Capricia Marshall, remarks by the event partner, Nina Link, and by Rosalila Mastriano, an EFM of a DS employee currently posted in Baghdad. Secretary Clinton’s remarks starts at 13:30.

Rodearmel v. Clinton: Appeal to SCOTUS Filed

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Lawyers for the Judicial Watch, Paul J. Orfanedes and James F. Peterson on November 3, 2009 filed a notice of appeal to SCOTUS. “Notice is hereby given that David C. Rodearmel, plaintiff in the above-named case, hereby appeals to the United States Supreme Court from the October 29th, 2009 order dismissing this action. Direct appeal to the Supreme Court in this matter is proper pursuant to 5 U.S.C. § 5312 note (Pub. L. No. 110-455, § 1(b)(3)(A), 122 Stat. 5035).”

In a November 12 press release, Judicial Watch said: "Our client's goal is to vindicate the U.S. Constitution," said Judicial Watch President Tom Fitton. "The Constitution clearly prohibits Hillary Clinton from serving as Secretary of State until 2013. We hope the Supreme Court assumes jurisdiction over this matter and puts a stop to this attempt to do end-run around the Constitution."

Following oral argument on September 16, a special three-judge panel of the U.S. District Court for the District of Columbia dismissed the challenge against Hillary Clinton based on the "Ineligibility Clause" on October 29^th, ruling that Mr. Rodearmel lacked "standing" to bring the lawsuit.

Related Item:Plaintiff's Notice of Appeal | JW |November 3, 2009

Related Posts:Rodearmel v. Clinton: Dismissed

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Quickie: Joe Klein on Hillary's Moment

Over at Time.com, Joe Klein has a lengthy piece on the Secretary of State (The State of Hillary: A Mixed Record on the Job | Nov. 05, 2009). Quick excerpts below:

The job of Secretary of State is more thankless than glamorous; in some ways, the Department of State, a noble antique, is still trying to come to terms with the invention of the telephone. In an era when Twitter haiku-messaging rules, diplomacy moves at the speed, and requires the nuanced complexity, of literature. Power has drifted from State to the National Security Council and the Pentagon, especially in wartime.[…]There are, however, three qualities that could make her a memorable Secretary of State. She brings a vision of departmental reform — the need to elevate foreign aid programs to the same status and rigorous scrutiny as diplomacy — that could change striped pants into chinos in the developing world. She is also the first elected politician to hold the office since Edmund Muskie briefly did during the Carter Administration, which has enabled her to better understand and interact with the politicians who run places like Afghanistan and Pakistan. But most important, she is an international celebrity with a much higher profile than any of her recent predecessors and the ability — second only to the President's — to change negative attitudes about the U.S. abroad.[…]She has the potential to become the most powerful public diplomat the U.S. has fielded in quite some time, although her performance so far, at home and abroad, has occasionally been perplexing.[…]In the end, though, Clinton's success will be determined by whether she can expand her role beyond public diplomat. She will have to become a more sure-handed negotiator and, most important, a trusted adviser to a President who knows where he wants to go in the world but hasn't quite figured out how to get there.

Read the whole thing here.

Rodearmel v. Clinton: Dismissed

On October 29 the three-judge panel composed of Karen Lecraft Henderson, Reggie B. Walton and James Robertson of the U.S. District Court for the District of Columbia granted the US Government’s motion to dismiss Rodearmel v. Clinton “pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure and denies FSO, David Rodearmel’s cross-motion for summary judgment.

The plaintiff, David Rodearmel, a Foreign Service Officer in the United States Department of State (State Department), brought suit against the defendants, Hillary Clinton in her official capacity as Secretary of State and the State Department, alleging that Clinton’s appointment and continuance in office as Secretary of State violates article I, section 6, clause 2 of the United States Constitution.

The court’s ruling says “we dismiss the complaint pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction.”

The allegations:

Count I: “Clinton’s appointment and continuance in office as U.S. Secretary of State violates [the Ineligibility Clause]” and that he “is suffering and will continue to suffer significant, irreparable harm by reason of Defendant Clinton’s unconstitutional appointment and continuance in office.”

Count II: Rodearmel alleges that the defendants “are violating [his] rights under the Fifth Amendment to the U.S. Constitution by depriving [him] of his property right to continued employment as a U.S. Foreign Service Officer at the U.S. Department of State without due process of law.”

The ruling says in part:

“Rodearmel’s general interest as a citizen in the constitutionality of Clinton’s appointment does not give him standing. Nor does his employment as a Foreign Service Officer provide a basis for standing. He points to no specific duty or responsibility he has as a Foreign Service Officer that has been impaired—or even affected—by Clinton’s appointment.”

“Assuming Clinton unconstitutionally holds office as Secretary of State, it does not follow that a Foreign Service Officer generally serving under, taking direction from and reporting to Clinton performs an unconstitutional act thereby, especially in the absence of any allegation that his service is in any way different from what it was under Clinton’s predecessors in office.”

The Court further says that “We note that Rodearmel remains employed by the State Department as a Foreign Service Officer and his future loss of that position—whether by actual discharge or resignation under circumstances constituting constructive discharge—is entirely speculative. Thus, any injury to Rodearmel’s property right in continued employment, to the extent such a right exists, is not “actual or imminent” and does not support his standing. Lujan, 504 U.S. at 560 (internal quotations omitted). To the extent he has a property right in the “terms and conditions” of his employment and assuming thm to Courtese include the right not to be required to violate the Constitution, Rodearmel’s claim fails because, as noted, he has not asserted any action he either has taken or must take that is itself alleged to be unconstitutional.”

I guess I was wrong; we did not have to wait for 2012. Read the decision here.

Related Item:Civil Action No. 09-171: Rodearmel v. Clinton | October 29, 2009Memorandum Opinion.

Related Post:

• Rodearmel v. Clinton: Linguistics PhDs Wade In
• Rodearmel v. Clinton, et al: DOJ Files Motion to Dismiss
• Dragging Foggy Bottom to Court

Rodearmel v. Clinton: Linguistics PhDs Wade In

Image via Wikipedia

Seven professors of linguistics have filed an Amici Curiae in support of the U.S. Government’s motion to dismiss FSO David Rodearmel’s complaint.

The new filing provides a quick summary of the case:

The Ineligibility Clause—also known as the Emoluments Clause—prohibits the appointment of Senators or Representatives to “any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during [the time for which they were elected.]” Plaintiff seeks a declaration that this provision renders Hillary Clinton ineligible to serve as Secretary of State because Cabinet secretaries (along with other federal employees) received cost-of-living increases in their salaries during Ms. Clinton’s most recent Senate term. The increases in the Secretary of State’s salary were wiped out by statute before Ms. Clinton’s appointment, so that the Secretary’s salary was returned to what it had been when Sen. Clinton’s term began. But the plaintiff insists that Ms. Clinton nevertheless remained disqualified from being Secretary of State and that her appointment to that position violated the Constitution. The plaintiff contends that the reduction in the Secretary’s salary is constitutionally irrelevant because it does not change the “historical fact” that the previous increases had occurred.

The brief filed says that “the plaintiff’s interpretation represents only one of several possible readings. The clause can also be reasonably read in a way that permits a Senator or Representative’s eligibility for appointment to be restored by reducing the salary of the position in question to what it was when the Senator or Representative’s term began.”

It also says: "The ambiguity in the Ineligibility Clause relates to the phrase shall have been encreased. Plaintiff’s argument assumes that a position’s salary has been increased during a Senator or Representative’s term if at any point in that term the salary went up, even if it later went back down by the same amount. This interpretation corresponds to what linguists would refer to as an EXPERIENTIAL reading. But the language can also be understood to have a RESULTATIVE reading. On the latter interpretation, the salary can be said to “have been increased” only if it went up and stayed up through the time of the appointment. This reading of have been encreased is comparable to the interpretation of I have caught a cold as meaning that the speaker had gotten sick and was still sick."

The friend of the court filing based its argument on two things --

A. The phrase shall have been encreased during such time can be interpreted “resultatively”—i.e., as meaning that the state of increase continued in existence through the time of Sec. Clinton’s appointment.

“The phrase shall have been encreased is in what is conventionally called the FUTURE PERFECT TENSE. This is a compound tense, which means that it has two components: FUTURE and PERFECT.”

B. Encreased can also be understood as an adjective, and under such a reading it can be interpreted resultatively.

“As we have noted, increased can be interpreted as an adjective as well as a verb. Under such an interpretation, it is subject to much the same ambiguity as the verbal interpretation. An adjectival reading is therefore consistent with the conclusion that Secretary Clinton’s appointment was valid.”

The brief provides examples using texts from Rodearmel's filing, Judicial Watch’s website, even from James Madison’s notes of the debates at the Constitutional Convention. It also carries the following appendices:

• Appendix A: The English Resultative Perfect and its Relationship to the Experiential Perfect and the Simple Past Tense
• Appendix B: Examples of the resultative perfect
• Appendix C: Examples of adjectival use (may be ambiguous between adjectival use and use as resultative perfect)

Now Judicial Watch has a "Plaintiff's Opposition/Response to Linguists' Amicus Curiae - September 8, 2009" posted online but it is a dead link right now. It would be interesting to see how many linguists of its own it can come up with to counter these linguists' argument.

And here I thought this would be settled by President's Day. Perhaps we should not be surprise if this court case would run on until 2012?

Related Item: Rodearmel v. Clinton: Linguists Amici Curiae | PDF

Related Posts:Rodearmel v. Clinton, et al: DOJ Files Motion to DismissDragging Foggy Bottom to Court

Quickie: Portrait of HRC’s Early Tenure at State

Image by america.gov via Flickr

Glenn Kessler of the Washington Post pens “A Team Player Who Stands Apart,” and writes that tension between leading or blending in marks Clinton's tenure at the State Department (TWP | Saturday, September 19, 2009).

Hillary Clinton has not even reached her first year anniversary as Secretary of State, but with things moving every which way in the global chessboard, I supposed it is tempting to look at her early tenure and see if she is at the top of her game. Excerpts below:

“The portrait that emerges from interviews and from the observation of Clinton's early tenure is one of an intensely political figure who wants to remain above the fray of day-to-day diplomacy and to work well with her fellow Cabinet members, but who also wants to stand alone from time to time. She has had the self-awareness to know that she is not an expert in diplomacy: One senior aide was assigned to spend the first six months listening to Clinton's public comments in an effort to discern her foreign policy philosophy.”

[…]

“Clinton said her years in the White House, where she watched conflicts among President Bill Clinton's advisers spill out into the open, have influenced how she operates. "You can disagree with the president, you can argue for different policies, but at the end of the day you have to be part of a team that is there to serve the country and the president who the country elected," she said. "It may sound very old-fashioned, but that is sort of how I view it."

About her resource gathering talents:

But if Clinton's retinue has grated, her skills as a politician and her contacts in Congress and elsewhere have helped her attract accomplished talents and win substantial increases in funding for State in a time of soaring deficits.

About Clinton's verbal bombs and State’s public affairs:

Some at State have questioned whether Clinton's proclivity for throwing verbal bombs has undercut her public authority. "When Condi spoke, you knew that was policy," said one senior State Department official, referring to Clinton's predecessor, Condoleezza Rice. "When this secretary speaks, you don't really know."

“Ironically, the press operation at Clinton's State Department is so constrained that virtually every public statement issued by its spokesmen must be reviewed by James B. Steinberg, the deputy secretary of state. He said that is an effort to ensure the government speaks with a single, carefully vetted voice.”

Read the whole thing here.

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Where in the world did Secretary Clinton vacation?

Photo from US ConGen BermudaAugust 20, 2009

Yes, Secretary Clinton went on a holiday and the press had a field day trying to guess if she went to New Mexico, Vegas, or Los Angeles. They tried their guessing game with the Spokesman:

QUESTION: Well, is Secretary Clinton on holiday? She’s not going to New Mexico just - (Laughter.)MR. KELLY: I think I can assure you she’s not going to New Mexico, no.QUESTION: Okay.QUESTION: What exactly was the itinerary that was approved?MR. KELLY: Matt, we don’t go into the details of that. You’ll have to ask the --QUESTION: Ask the North Koreans?MR. KELLY: Yeah.(Laughter.)QUESTION: Thank you. Were there other stops – were there other stops?MR. KELLY: There were other stops on their --QUESTION: Two other stops?MR. KELLY: -- proposed itinerary.QUESTION: Yes. Would one of them be a place that’s --MR. KELLY: There were other stops.QUESTION: -- one of them be a place that North Koreans might not generally be comfortable with going to?QUESTION: Disney World?QUESTION: A little bit north. Are they going to Vegas?MR. KELLY: I’ll repeat, Matt, we don’t go into the details of --QUESTION: Are they going to Las Vegas?MR. KELLY: You’ll have to ask the North Korean mission, Matt, if they’re going to Las Vegas. QUESTION: What about Los Angeles?MR. KELLY: I believe you’ll have to ask the North Korean mission, Matt.

I don't know if the North Koreans were able to track Bermuda on their map. Above photo showed the Secretary of State and President Clinton with some US ConGen Bermuda's staff a few days ago. The Clintons were with (right-left) Consul General Grace Shelton, Deputy Principal Officer Frank Fulgham and Consul Margaret Pride in Hamilton.

Quickie: Hillary Clinton, In a New Role of Her Own Making

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David Rothkopf, a visiting scholar at the Carnegie Endowment for International Peace and the author of "Superclass: The Global Power Elite and the World They Are Making" and "Running the World: The Inside Story of the NSC and the Architects of American Power," over the weekend asked the following question:

It's 3 a.m. Do You Know Where Hillary Clinton Is?

Rothkopf writes that “She's not answering those crisis calls at the White House. But she's quietly revolutionizing American foreign policy.” Excerpts below:

[…] what is Clinton actually doing? Only overseeing what may be the most profound changes in U.S. foreign policy in two decades -- a transformation that may render the presidencies of Bill Clinton and George W. Bush mere side notes in a long transition to a meaningful post-Cold War worldview.

The secretary has quietly begun rethinking the very nature of diplomacy and translating that vision into a revitalized State Department, one that approaches U.S. allies and rivals in ways that challenge long-held traditions. And despite the pessimists who invoked the "team of rivals" cliche to predict that President Obama and Clinton would not get along, Hillary has defined a role for herself in the Obamaverse: often bad cop to his good cop, spine stiffener when it comes to tough adversaries and nurturer of new strategies. Recognizing that the 3 a.m. phone calls are going to the White House, she is instead tackling the tough questions that, since the end of the Cold War, have kept America's leaders awake all night.

“It is still early, and a president's foreign policy legacy is often defined less by big principles than by how one reacts to the unexpected, whether missiles in Cuba or terrorism in New York. Promising ideas fail because of limited attention or reluctant bureaucracies, and some rhetoric eventually rings hollow, as the self-congratulatory "smart power" already does to me. Nevertheless, there is evidence that, seven months into the job, Obama's unlikely secretary of state is supporting and augmenting his agenda effectively. Not as Obama's "other wife," not as Bill Clinton's wife, not even as a celebrity or as a former presidential candidate -- but in a new role of her own making.”

Read whole thing here.

HRC on John Bolton: Priceless

From CNN's Fareed Zakaria GPS:An outside the box smack-down, if there ever was one. Excerpts here. Full transcript later of CNN interview here. Fareed also hosted a "townview" with Secretary Clinton for CNN at the University of Nairobi in Kenya. The townview talked about corruption, the need for reform in Kenya, the post-election violence and the ICC, also DRC, Somalia, and lots of tough-love talk. The thing that ricochet around the world in a constant 24 news cycle -- the 40 goats and 20 cows:...

MR. ZAKARIA: Our time is limited, and I’m just going to end with one very specific question. This is a news report I saw while preparing for this town hall, and it involves a woman, a young woman, a very attractive young woman. A Kenyan city councilman says he offered Bill Clinton 40 goats and 20 cows for his daughter’s hand in marriage five years ago. (Laughter.) He is still awaiting an answer. And I thought on this occasion, you know, Mrs. Clinton, if you think about it – (laughter and applause) – if you think in the current global economic climate with asset values have gone down, your stock portfolio is probably down, your government has had – your husband has had to do a little bit of government work, take time off from the private sector, it’s not a bad offer. (Laughter.)

SECRETARY CLINTON: Well, my daughter is her own person. She’s very independent. So I will convey this very kind offer. (Laughter.)

Full transcript here.

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Secretary Clinton at the Council on Foreign Relations

Liberty, democracy, justice and opportunity underlie our priorities. Some accuse us of using these ideals to justify actions that contradict their very meaning. Others say we are too often condescending and imperialistic, seeking only to expand our power at the expense of others. And yes, these perceptions have fed anti-Americanism, but they do not reflect who we are. No doubt we lost some ground in recent years, but the damage is temporary. It’s kind of like my elbow – it’s getting better every day. Read the full text of speech here.

Related Items:

• Background Briefing on Secretary Clinton's Foreign Policy Speech at the Council on Foreign Relations | by Two Senior Administration Officials | Washington, DC | July 15, 2009 (link)
  
  
• Council on Foreign Relations
  Washington, DC | July 15, 2009 (link)
  

• Q&A: Foreign Policy Speech at the Council on Foreign Relations
  Washington, DC | July 15, 2009 (link)

HRC: Up and about with an elbow cast ...

President Barack Obama and Secretary of State Hillary Clinton leave the Oval Office after a meeting on June 22, 2009. Secretary Clinton broke her elbow last week and had surgery on Friday. Some of her 18 million supporters and proud Hillary villagers have posted their well wishes in DipNote.

(Official White House Photo by Pete Souza)

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Rodearmel v. Clinton, et al: DOJ Files Motion to Dismiss

Argues “Injury” Not Judicially Redressable

It took them a while but the Counsel for Secretary of State Hillary Rodham Clinton and the United States Department of State finally filed a motion to dismiss the case filed by U.S. Foreign Service Officer and State Department employee David C. Rodearmel, (Rodearmel v. Clinton, et al., (District of Columbia). The case questions HRC’s ineligibility to serve as SoS due to that obscure provision in the Constitution called the “emolument clause,” dug up at one point or another since the 1800's.

In its motion to dismiss filing DOJ states:

“Plaintiff asks this Court to remove Secretary of State Hillary Rodham Clinton from office because he believes that her appointment was unconstitutional. However, Plaintiff’s Complaint points to no action of Secretary Clinton that aggrieves him, nor to any concrete or particularized harm that inures to him from her appointment. His alleged psychic injury from observing what he believes to be a Constitutional violation is clearly insufficient to give him standing. Further, this so-called “injury” is not judicially redressable, as the relief sought by Plaintiff would require the Court to usurp the President’s exclusive removal power. Because Plaintiff lacks standing, his claims should be dismissed.”

[…]

“Even if Plaintiff had standing, moreover, his complaint is without merit. Congress
anticipated the precise potential constitutional issue with Secretary Clinton’s appointment that Plaintiff raises in the lawsuit, and passed a statute with the purpose of remedying any problem. Congress’s statutory solution is hardly novel, having been employed multiple times in the past hundred years to resolve this potential constitutional issue. More importantly, an examination of the clause’s text, purpose, and history leads to the inevitable conclusion that the legislative solution satisfied the purpose of the Ineligibility Clause and ensured Secretary Clinton’s eligibility for appointment.”

The case is being reviewed on an expedited basis by a special three-judge panel of the U.S. District Court for the District of Columbia (Judges Karen LeCraft Henderson, James Robertson and Reggie B. Walton). Under applicable law, any appeal will go directly to the U.S. Supreme Court.

Related Post:

• Dragging Foggy Bottom to Court
• Quickie: Emolument Clause and the Saxbe-fix in the Sauce

Related Items: (items below hosted in Judicial Watch website)

• Exhibit 1 to the Motion to Dismiss (Office of Legal Counsel Memorandum dated May 20, 2009)
  
  
• Exhibit 2 to the Motion to Dismiss (Office of Legal Counsel Memorandum dated August 24, 1987)
  
  
• Defendants' Motion To Dismiss -- May 20, 2009
  
  
• Defendant's Motion for Extension of Time - April 16, 2009
  
  
• Initial Complaint - January 29, 2009

POTUS with 67: Out at a Picnic Table

President Barack Obama and Secretary of State Hillary Rodham Clinton speak together sitting at a picnic table April 9, 2009, on the South Lawn of the White House. Official White House Photo by Pete Souza

I'm not sure if she looks tired or unhappy about something in this photo. What went on April 9? Here is the original photo at (3500 x 2719).

Secretary Clinton's Iraq Visit, April 25

Photo Credit: Eric W. Brooks, U.S .Embassy

Secretary Clinton has arrived in Baghdad, Iraq, April 25. The unannounced visit to Iraq is her first trip as Secretary of State. She was met by Ambassador Chris Hill who got to Baghdad yesterday and Admiral Mike Mullen, who was also in Iraq on an unannounced visit. Secretary Clinton reportedly will depart later today for Kuwait.

One part of State's digital team is actually at work today (make that the weekend). News of this trip broke about 10 hours ago and there was not a tweet from DipNote, nothing in its blog, and you might as well skip the US Embassy Baghdad website because there's nothing there. But a check a short while ago on state.gov showed this photo and the press release on this visit posted online already. So it's Saturday as normal work day for some folks at State...

The press release indicates that while in Baghdad, Secretary Clinton will meet with Prime Minister al-Maliki, President Talibani, Deputy President al-Hashimi, Foreign Minister Zebari, and other senior leaders in the Government of Iraq. They will discuss issues of common concern including security, stability operations and assistance. She will also meet with Multinational Force-Iraq Commander Odierno, hold a roundtable with Iraqi women and have a townhalll with Iraqi citizens who work with Provincial Reconstruction Teams.

Related Items:(Updated 4/26: townhall transcript added)

• Secretary Clinton: Travel to Iraq and Kuwait, April 25
• AP Raw Video of Secretary Clinton's Arrival in Iraq
• Transcript-Townhall Meeting PRTs/Partners

Updated: 4/28:
Secretary Clinton did have a meet and greet with US Embassy Baghdad employees and US troops during her brief visit. Check out the video and transcript here.

Secretary Clinton on the Foreign Policy Priorities of the Obama Administration

HFAC Photo, Secretary Clinton with Howard Berman

At the House Foreign Affairs Committee, Howard Berman (D-CA) held a hearing on April 22, 2009 on New Beginnings: Foreign Policy Priorities in the Obama Administration. Secretary of State Hillary Clinton took center stage:

"I want to begin by recognizing and thanking the men and women of the State Department and USAID, who are serving our country around the clock and around the world. I’m extremely proud of their work. With their talents, and under President Obama’s leadership, we have put forward a new diplomacy powered by partnership, pragmatism, and principle.

Our priorities are clear. We are deploying the tools of diplomacy and development along with military power. We are securing historic alliances, working with emerging regional powers, and seeking new avenues of engagement. We’re addressing the existing and emerging challenges that will define our century: climate change, weak states, rogue regimes, criminal cartels, nuclear proliferation, terrorism, poverty, and disease. We’re advancing our values and our interests by promoting human rights and fostering conditions that allow every individual to live up to their God-given potential.

Full Committee Testimony:

• The Honorable Howard L. Berman,
• The Honorable Hillary Rodham Clinton

Webcast
(Real Player Download)

State Department Video and Transcript of Remarks