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US Ambassador to Prague could be sent packing

  8:17

Sen. Charles Grassley enters ‘Intent to Object’ in US congressional record, could again block Norman Eisen’s nomination as ambassador

Former ‘ethics czar’ and current US Ambassador to Prague Norm Eisen (Left) could see his bid to remain in the post past January scuppered by Republican Senator Chuck Grassley (right) foto: Š ČTKČeská pozice

An American senator who last year successfully blocked the nomination of Norman L. Eisen as US ambassador to the Czech Republic — prompting President Barack Obama to bypass the Senate and name him to a temporary one-year term in the post via a “recess appointment” — has said he will officially object to Eisen remaining in the post. The move by US Senator Charles “Chuck” Grassley (Republican, Iowa) could force Eisen to step down in January and return to Washington, D.C.

Although the Senate Foreign Relations Committee approved Eisen’s appointment, Grassley blocked his nomination by the full US Senate in September 2010, charging that the prominent White House aide known as Obama’s “ethics czar” (he served for nearly two years as Special Assistant to the President and as Special Counsel to the President for Ethics and Government Reform) had “misrepresented facts to Congress” and “misled investigators” during an enquiry into the firing of a federal official. 

Asking that his “Intent to Object” statement be entered into the official Congressional Record (as it was, on Monday), Grassley said:

“Mr. President, I intend to object to proceeding to the nomination of Norm Eisen to be Ambassador to the Czech Republic at the Department of State for the following reasons. I object to the proceeding to the nomination because of Mr. Eisen’s role in the firing of the inspector general of the Corporation for National and Community Service, CNCS, and his lack of candor about that matter when questioned by congressional investigators.” 

The high-profile Iowa senator, the ranking Republican on the Judiciary Committee, also asked for unanimous consent that a letter dated January 12, 2011 to the then counsel to the US President, Robert F. Bauer (signed by himself and US Congressman Darrell E. Issa (Republican, California), chairman of the House Committee on Oversight and Government Reform) also be printed in the record.

Grassley also noted that the details of Eisen’s role in the June 2009 firing of Gerald Walpin as CNCS inspector general and “his misrepresentations about that matter” are detailed in a Joint Minority Staff Report of the House Committee on Government Reform and the Senate Finance Committee, dated November 20, 2009.

Grassley and Issa’s letter asserts that during questioning of Eisen by a bicameral group of Congressional investigators, they learned that he personally delivered an ultimatum to Walpin demanding that he resign or be fired within one hour. “At the time he delivered the ultimatum, no notice had been provided to Congress as is legally required by the Inspector General Reform Act (IG Act),” they wrote.

The Republican legislators also state that during an interview on June 17, 2009, Eisen refused to answer at least 12 direct questions, and that, contrary to his assertions, the CNCS Board of Directors had not unanimously expressed a desire to have Walpin removed prior to the decision. “Moreover, we could find no evidence that Mr. Eisen’s [assertion that the White House conducted an] ‘extensive review’ consisted of anything more than simply asking the CNCS General Counsel to document the Chairman of the Board’s concerns about Mr. Walpin.” ‘[Eisen] took action on behalf of the President that ran afoul of the IG Act and subsequently misled Congressional investigators in lieu of conducting a fair, thorough, and responsible investigation.’

Grassley and Issa further claim that Eisen “took action on behalf of the President that ran afoul of the IG Act and subsequently misled Congressional investigators in lieu of conducting a fair, thorough, and responsible investigation.”

Recess appointments

Eisen was not the only US ambassador appointed by Obama last year during the recess of the Senate from December 22, 2010, to January 5, 2011 (as such, he can only serve for 12 months in the post without Senate approval) nor the only controversial one. But while many US senators objected to sending an ambassador to Syria, a country that they considered to be a state sponsor of terrorism, it was not the figure of Robert S. Ford himself who caused a stir.

Although there is no word of objections to Ford and other temporary US Ambassadors Matthew Bryza (Azerbaijan) and Francis Ricciardone (Turkey) continuing on in their posts, that could change.

According to Foreign Policy magazine’s “The Cable,” commenting on confirmation hearings in August, a couple of lawmakers are also gunning for Ricciardone, namely Illinois Republican Mark Kirk and New Jersey Democrat Bob Menendez.

“Ricciardone no longer has to worryabout the complaintsof now-retired [Kansas] Senator Sam Brownback, but he still faces potential opposition from Kirk and Menendez,” it said. “Kirk doesn’t want the administrationto make a missile defense deal with Turkey and Menendez wants the administration to refer to the destruction of the Armenian population during and after World War I as ‘genocide.’”

In their letter, Grassley and Issa not only voiced objections to Obama’s “particularly inappropriate” use of a recess appointment to name Eisen to the post of US Ambassador to the Czech Republic — they also condemned the practice in general. 

“Senate confirmation, under the advice and consent clause, is one of the strongest checks on executive power. Recess appointments are meant to fill vacancies that arise during a long recess, not to bypass the confirmation process. We are troubled by the Administration’s circumvention of that process, especially in this instance,” they wrote. The Bush Administration also made use of ‘recess appointments,’ most notably in the cases of John R. Bolton (UN Ambassador) and C. Boyden Gray (EU Ambassador).

The George W. Bush Administration also made use of the legal loophole, most notably to appoint John R. Bolton as US Ambassador to the United Nations and C. Boyden Gray as Ambassador to the European Union.

The Senate Foreign Relations Committe held a hearing on September 13 to consider the nominations of Ricciardone, Ford and Eisen. According to the Congressional Record, the committee “favorably reported” all three nominations. However, as long as Grassley maintains his objections, the issue cannot be brought to the floor of the Senate for a vote, unless via cloture, the only procedure by which the body can vote to place a time limit on consideration of a bill or other matter, which would require approval from three-fifths of the full Senate (normally 60 votes).

Without commenting on the likely outcome, Paul Oglesby, press attaché at the US Embassy in Prague, told Czech Position in a statement Wednesday that Eisen would carry on his work as usual.  

“The US Constitution requires the Senate to provide its advice and consent to ambassadorial nominees. We are working with Senate leaders, including Senator Grassley, to address any questions or concerns they may have. During this time, Ambassador Eisen will continue our important bilateral work with the Czech Republic, including cooperation in defense and security; strengthening of our economic and commercial ties; and advancing our shared values.”

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Šárka Hamrusová: Díky laktační poradkyni jsem si přestala myslet, že je chyba ve mně
Šárka Hamrusová: Díky laktační poradkyni jsem si přestala myslet, že je chyba ve mně

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