The Cable

McGurk Iraq nomination faces Senate scrutiny due to sex allegations

The nomination of Brett McGurk to be the next U.S. ambassador to Iraq is now facing increased opposition in the Senate due to allegations he had an affair with a reporter in Baghdad in 2008 while working as a top White House advisor and may have been videotaped while engaged in a sex act on the roof of Saddam Hussein's Republican Palace with a different woman.

McGurk, who served as a senior National Security Council official and the lead negotiator of the U.S.-Iraq Status of Forces Agreement in 2008, allegedly held an extended affair with Gina Chon, a Wall Street Journal reporter, that began four years ago in Iraq, according to intimate and occasionally graphic e-mails exposed on the Cryptome website earlier this week. The Washington Free Beacon reported today that McGurk was married to another woman at the time and is married to Chon now.

The leaked e-mails, which could not be independently verified and were published on the Flikr site of an anonymous user named Diplojoke, show McGurk pursuing and then canoodling with Chon, a Wall Street Journal reporter who was also in Baghdad at the time.

McGurk and Chon did not respond to requests for comment. The State Department declined to comment.

Over in the Senate, one leading lawmaker is taking the allegations seriously. The Cable has confirmed that Sen. James Inhofe (R-OK), the second ranking Republican on the Senate Armed Services Committee, cancelled a scheduled meeting with McGurk this week when he heard about the e-mails and an allegation that McGurk was caught on video engaged in a sex act on the roof of Baghdad's Republican Palace, as alluded to by State Department whistleblower Peter Van Buren on his blog.

Inhofe's spokesman told The Cable that the senator won't proceed on the McGurk nomination until both allegations are cleared up.

"The senator always prefers to meet with nominees personally before giving his support.  In regards to this nominee, Senator Inhofe has heard some concerning issues, and until those issues are cleared up, he will not meet with Mr. McGurk," Inhofe's spokesman Jared Young told The Cable.

Inhofe hasn't placed a formal hold on the McGurk nomination yet, but he is considering it.

Multiple sources told The Cable the State Department has investigated the allegation about McGurk's activity on top of the palace but was unable to find any evidence of that incident. It's unclear whether State is investigating the circumstances surrounding McGurk's affair with Chon.

Neither of these incidencts were mentioned at McGurk's confirmation hearing Wednesday. The Senate Foreign Relations Committee now must approve his nomination, but no vote has yet been scheduled.

Inhofe's objection would be only one of the several potential holds McGurk could face on his path to the nomination.

As The Cable reported in March, Senate Armed Services Committee ranking Republican John McCain (R-AZ) has reservations about McGurk taking on the Baghdad post over concerns that McGurk has never led an embassy and or any large organization and because McGurk was a key part of the failed SOFA negotiations to extend the U.S. troop presence in Iraq beyond 2011.

There are also concerns on Capitol Hill that McGurk may be too close to Prime Minister Nouri al-Maliki, impairing his ability to work with all segments of Iraq's political society. When he was nominated, Waheed Al Sammarraie, the D.C. representative of the office of former Iraqi Prime Minister Ayad Allawi, the leader of the opposition, wrote a letter to Congress that said, "I would like to inform you that Aliraqia Bloc and the liberal trend will not deal with new assigned ambassador to Iraq Mr. Brett Mcgurk for his loyalty and bounds with the Islamic party."

The Cable

Magnitsky bill moves forward in the House

The House Foreign Affairs Committee marked up a bill today to punish Russian human rights violators, moving that bill closer to passage in conjunction with another bill to grant Russia privileged trade with the United States.

Chairwoman Ileana Ros-Lehtinen (R-FL) convened her committee on Thursday morning to approve the House version of the Sergei Magnitsky Rule of Law Accountability Act of 2012, legislation meant to promote human rights in Russia that is named for the anti-corruption lawyer who died in a Russian prison, after allegedly being tortured, two years ago. Her committee counterpart Rep. Howard Berman (D-CA) said during the markup he supports joining the Magnitsky bill with a coming bill to grant Russia Permanent Normal Trade Relations (PNTR) status, which would include a repeal of the 1974 Jackson-Vanik amendment, established to punish Russia for not allowing Jews to emigrate during the Soviet period.

"The entire world knows that the state of democracy and human rights in Russia, already bad, is getting worse," Ros-Lehtinen said at the markup. "Moscow devotes enormous resources and attention to persecuting political opponents and human rights activists, including forcibly breaking up rallies and jailing and beating those who dare to defy it. Instead of the rule of law, Russia is ruled by the lawless."

The Obama administration is publicly opposed to the Magnitsky bill, especially the effort to connect it to Jackson-Vanik repeal, and has been working behind the scenes with bill sponsors such as Sen. Ben Cardin (D-MD) to alter the legislation. "From our point of view this legislation is redundant to what we're already doing," U.S. Ambassador Russia Mike McFaul said in March.

One of the administration ideas is to expand the Magnitsky bill to deal with human rights violators from all countries, but doing so wouldn't eliminate strong Russian objections to the bill. A short amendment added to the House version today by Ros-Lehtinen makes clear that the bill is directed only at Russia.Cardin even came up with a new draft version of the legislation in April. The Cable obtained an internal document showing exactly what changed in the bill. For example, the new version makes it more difficult to add names to the list of human rights violators that the bill would create, potentially softening the bill's impact on Russian officials

The Senate Foreign Relations Committee delayed consideration of the Magnitsky bill in April, so that the details inside the bill could be ironed out. Sen. John Kerry (D-MA) has promised to take up the bill in that committee at their as yet unscheduled next business meeting. He has also said he supports joining the Magnitsky bill with legislation to repeal Jackson-Vanik.

In both chambers, the bill faces cross jurisdiction with the finance and possible judiciary committees, which means they would also have to approve the legislation, because it deals with financial sanctions and criminal prosecutions. The Senate Finance Committee under chairman Max Baucus (D-MT) is where the Russian PNTR bill would begin as well, although it's not clear whether the PNTR bill, which would include the repeal of Jackson-Vanik, would be joined with the Magnitsky bill in committee or on the floor.

The House Foreign Affairs Committee also approved today a bill calling for the International Olympic Committee to hold a moment of silence at the 2012 London games to commemorate the 40th anniversary of the murder of 11 Israeli Olympic team members in Munich. The IOC has thus far refused requests to hold a moment of silence, saying that it is unnecessary and would establish an unwelcome precedent. That drive is being led by Reps. Eliot Engel (D-NY), Nita Lowey (D-NY), and Steve Israel (D-NY).

Another bill approved today by the HFAC would express "sense of the House of Representatives with respect toward the establishment of a democratic and prosperous Republic of Georgia and the establishment of a peaceful and just resolution to the conflict with Georgia's internationally recognized borders."

The committee also approved a resolution expressing support for efforts to combat the Lord's Resistance Army and secure the imprisonment of Joseph Kony, a bill calling upon the Turkey to  reopen the Ecumenical Patriarchate's theological school at Halks, and the "Donald M. Payne International Food Assistance Act of 2012," which is mean to improve the quality and effectiveness of U.S. food assistance programs abroad.

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