Union Backs Biden Admin’s Refusal to Produce Subpoenaed Records Over Afghanistan Withdrawal

The American Foreign Service Association (AFSA) recently showed its support for the Biden administration’s decision not to provide records to Congress. Congress had subpoenaed these records for its investigation into the way the administration handled the U.S. withdrawal from Afghanistan.

Rep. Michael McCaul (R-Texas), chairman of the House Foreign Affairs Committee, requested a dissent cable that was sent to Secretary of State Antony Blinken, and the AFSA said that the use of the dissent channel had to be protected within the executive branch of the government to ensure its confidentiality. This channel allows US diplomats to share concerns with top State Department officials without facing any reprisals or retribution.

The AFSA feels that constructive dissent can only thrive and be successful if it remains confidential and confined to internal discussion within the executive branch. Failing to protect the confidentiality of constructive dissent can lead to a fear of disclosure or retaliation.

The subpoena had requested officers at the State Department to produce the dissent cable penned by at least 23 U.S. diplomats in Kabul, Afghanistan. They had expressed their concerns about the U.S. administration’s inability to prepare for President Joe Biden’s decision to unilaterally withdraw all the country’s troops from Afghanistan. A classified report warned that Kabul could collapse, urging the State Department to process and evacuate Afghans who had helped the US leave the country as quickly as possible to avoid deaths and chaos.

McCaul had tried to find a middle ground by offering to review the document in camera rather than delivering it physically to the committee. He also offered to let the department redact the names of the signers to protect their privacy, but the department declined.

Despite McCaul’s good-faith attempts to find common ground, Blinken refused to provide the Dissent Cable, forcing McCaul to issue his first subpoena as the chairman of this committee. The committee has the power to conduct oversight of the State Department, and the American people deserve answers as to how the tragedy unfolded and why 13 U.S. servicemembers lost their lives. Consequently, the State Department has been subpoenaed to comply with the Congressional request.