The Cable

McGurk pressed on handover of Hezbollah commander

A new issue has emerged in the confirmation of Brett McGurk to become the next ambassador to Iraq and it has nothing to do with the intimate e-mails he sent to a Wall Street Journal reporter in 2008.

One Republican senator is now making an issue out of McGurk's role in the case of Ali Musa Daqduq, the alleged Hezbollah commander who was transferred from U.S. to Iraqi custody last December and acquitted in an Iraqi court last month. He remains in Iraqi custody pending an automatically triggered appeal, but could be released thereafter.

The Daqduq issue is just the latest concern various Republican senators have raised over McGurk's nomination. Some GOP lawmakers want answers about his relationship in Iraq with reporter Gina Chon while he was negotiating the U.S.-Iraq Status of Forces Agreement in 2008. The Wall Street Journal accepted Chon's resignation today. Others question McGurk's role in the failed negotiations to extend the U.S. troop presence in Iraq past 2011, and his overall qualifications for the job.

Daqduq, a Lebanese citizen whom U.S. military officials claim is a Hezbollah commander, was imprisoned by U.S. forces in Iraq and accused of leading a team that kidnapped and killed five U.S. soldiers in Iraq in January 2007. Last December, 21 U.S. senators wrote a letter urging the administration not to hand him over out of concern that the Iraqi government might release him.

On Monday, Sen. Mark Kirk (R-IL) sent McGurk a series of questions demanding answers on the U.S. government's actions on the case as well as McGurk's personal involvement.

"How would you characterize your role in the transfer of Hezbollah terrorist Ali Musa Daqduq from U.S. to Iraqi custody?" reads the first question.

"Before the American withdrawal from Iraq last year, what steps, if any, did you take to stop the transfer of Hezbollah terrorist Ali Musa Daqduq from U.S. custody?" the next question reads.

Kirk asked McGurk if he will agree to provide Congress with copies of all State Department and National Security Council emails, letters, communications, telephone call readouts and readouts of meetings that mention Ali Musa Daqduq in all of 2011.

Kirk also wants to know what efforts are underway to get Daqduq back in U.S. custody, whether the U.S. government has formally requested his extradition, and whether McGurk would support the sale of military equipment to Iraq if the Iraqi government doesn't handover Daqduq.

Republican senators have also criticized McGurk for beginning his relationship with Chon, to whom he is now married, while he was simultaneously exchanging information with her regarding U.S. government activity.

Sen. James Inhofe (R-OK) already cancelled a meeting with McGurk over that issue as well as over unconfirmed allegations that McGurk was caught on video engaging in improper sexual behavior on the roof of Saddam Hussein's Republican Palace in 2004.

Now, Sen. James Risch (R-ID), who praised McGurk in his confirmation hearing last week, is also expressing reservations about his confirmation.

"Prior to these email revelations, I had reservations about confirming Brett McGurk as ambassador to Iraq," Risch told The Cable through a spokesman. "Now that additional issues have been raised, more information will be needed and I reserve final judgment until all the facts are brought to light."

Sen. John McCain (R-AZ), the first senator to raise concerns about the McGurk nomination, was apparently unswayed by last week's hearing. "His concerns regarding Mr. McGurk's time in Iraq, particularly related to his failure to negotiate a residual force as everyone envisioned, remain," said McCain spokesman Brian Rogers.

No senator can issue a formal hold on the McGurk nomination until the Senate Foreign Relations Committee votes to approve it, and no vote has been scheduled. But the concerns about McGurk's professional and private actions in Iraq are mounting and may reach a tipping point soon, Republican Senate aides say.

"Senator Kirk's questions touch on one of the most emotional issues involved in the McGurk nomination and several senators might have placed holds on McGurk for this reason alone," one senior GOP Senate aide said. "This, on top of McGurk's other problems, creates serious doubt as to the future of this nomination."

UPDATE: According to a State Department official, McGurk left Iraq on Oct. 22, 2011, was not involved in the negotiations with Iraq over the issue, and was serving as a senior advisor to the ambassador focused on other matters. "Simply put, Brett McGurk was not involved in the Daqduq issue in any way, shape, or form," the official said.

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