The Foreign Service Journal, October 2020

THE FOREIGN SERVICE JOURNAL | OCTOBER 2020 15 TALKING POINTS Political Ambassadors: Where the Candidates Stand T he president appoints all U.S. ambas- sadors. The use of ambassadorial positions as rewards for campaign donors and “bundlers” is not new; it is a relic of the old spoils system of government. Though long the norm, the practice is not only controversial; it violates the Foreign Service Act of 1980. According to Section 304.32 of that law: “(1) An individual appointed or assigned to be a chief of mission should possess clearly demonstrated competence to perform the duties of a chief of mission, including, to the maximum extent practicable, a use- ful knowledge of the principal language or dialect of the country in which the individual is to serve, and knowledge and understanding of the history, the culture, the economic and political institutions, and the interests of that country and its people. “(2) Given the qualifications speci- fied in paragraph 1, positions as chief of mission should normally be accorded to career members of the Service, though circumstances will warrant appointments from time to time of qualified individu- als who are not career members of the Service. “(3) Contributions to political campaigns should not be a factor in the appointment of an individual as a chief of mission. “(4) The President shall provide the Committee on Foreign Relations of the Senate, with each nomination for an appointment as a chief of mission, a report on the demon- strated competence of that nominee to perform the duties of the position in which he or she is to serve.” Over decades, the aver- age number of “political” as opposed to “career” ambas- sador appointments has been in the range of 30 to 40 percent, with 60 to 70 percent coming from the career Foreign Service. The Trump administration has appointed more political ambassadors than any president since Ronald Reagan. Eighty-one out of President Trump’s 189 ambassadorial appointments, or 43 percent, have been political, according to the AFSA Ambassador Tracker— a fact highlighted in an Aug. 18 NPR report, “Under Trump, More Big Donors Are Named Ambassadors—and Controversies Have Followed.” As AFSA President Eric Rubin told The Guardian on May 30, “We are concerned that the percentage of political appointees is higher than at any time in recent history, and also with the number of nominees who do not appear to be qualified for their positions.” In 2020, the only presidential candi- date to promise not to nominate politi- cal donors as ambassadors was Senator Elizabeth Warren (D-Mass.). Democratic presidential nominee Joe Biden “has refused to rule out giving ambassadorships to big-time campaign donors and fundraisers,” Politico reported on Aug. 11. “Instead, he’s indicated that, if he wins the presidency, he’ll continue the longstanding, bipartisan practice.” Last December, according to the Associated Press, while campaigning in Iowa, Biden said, “I’m going to appoint the best people possible. Nobody, in fact, will be appointed by me based on anything they contributed.” He added: “You have some of the people out there … that are fully qualified to head up everything from being the ambassador to NATO to be ambassador to France ... who may or may not have contributed.” Ambassador Rubin has reiterated that presidents should follow the requirements of the Foreign Service Act of 1980. Accord- ing to the Aug. 11 Politico article, Rubin noted that the law indicates that “political appointments as ambassadors should be rare and that all nominees must be fully qualified. That is the law of the land.” Contemporary Quote The [State] Department has a long-standing policy of limiting participation in partisan campaigns by its political appointees in recognition of the need for the U.S. Government to speak with one voice on foreign policy matters. The combination of department policy and Hatch Act requirements effectively bars you from engaging in partisan political activities while on duty, and, in many circumstances, even when you are off duty. —State Department Memo “Rules on Political Activities” from State Legal Adviser, updating employees on the restrictions on political participation while in any State Department position, released Dec. 3, 2019. AGGELER