By Richard Gilbert
Foreign Service Journal July 1996
LOOKING BACK, SOME MIGHT SEE THE EVENT as simple and
uncomplicated - just another visa to be adjudicated.
Yet it was not, and it sparked one of the most public
and controversial FSO dissent cases in recent times.
The appearance of Gerry Adams, president of Sinn Fein,
the political wing of the Irish Republican Army, in
the consular waiting room of U.S. Embassy Dublin in
January 1994 was an epochal moment in the recent history
of "the troubles" in Northern Ireland, one that would
lead to a major shift in U.S. foreign policy and invigorate,
at least temporarily, the Anglo-Irish peace process.
It was also an event that would thrust two FSOs into
the maelstrom of Irish-American politics and generate
retribution against them by their ambassador, a member
of America's most prominent Irish-American family.
Finally, the episode prompted an investigation and
report by the State Department's Inspector General's
Office that was scathingly critical of Ambassador Jean
Kennedy Smith, a political appointee, and her second-in-command,
Deputy Chief of Mission Dennis Sandberg, a career diplomat.
Curiously, FSOs John Treacy and James Callahan say their
dissent cable wasn't challenging an aspect of U.S.
foreign policy, as has usually been the case with past
dissenters, but was defending U.S. policy and laws
against what they believe was a conscious cabal by
Smith to reshape U.S. policy in Ireland.
The FSOs' case also spurred the State Department to
strengthen language that regulates the disciplining
of those who retaliate against Dissent Channel users.
Adams' presence in the U.S. Embassy Dublin that day,
visa application in hand, was not haphazard, but part
of a calculated plan to breathe new life into the stalled
Northern Ireland peace process. Adams' request for
a U.S. visa was the culmination of an intense two-year
campaign on both sides of the Atlantic that involved
some of the most important names in Irish and American
politics.
Key players in the effort included former Irish Prime
Minister Albert Reynolds and John Hume, a member of
the British Parliament and the well-connected head
of Northern Ireland's nationalist Social Democratic
and Labour Party. But there were others. In his 1995
book, The Troubles: Ireland's Ordeal 1966-1995 and
the Search for Peace, Irish historian and political
insider Tim Pat Coogan says, "The other pivotal figure
[was] Jean Kennedy Smith, whose nomination as American
Ambassador to Ireland was announced by President Clinton
on St. Patrick's Day 1993. Behind her stood her brother,
Sen. Ted Kennedy, the man who, after President Clinton
himself, had most influence over Irish policy in America.
The alignment of forces on the side of Irish nationalism
had suddenly achieved a coherence and an influence
which was unparalleled in historical terms."
Advocates of a visa for Adams had been seriously dismayed
when his applications for U.S. travel, submitted at
U.S. Consulate Belfast shortly after President Clinton's
inauguration in 1993, were twice denied under U.S.
legal provisions barring those suspected of having
ties to terrorist organizations. An outlawed paramilitary
organization, the IRA has been waging war since 1969
to end British rule in Northern Ireland and reunite
the province with the Republic of Ireland. Thus far,
Adams had been refused admittance to the United States
eight times over two decades. All those seeking to
breathe new life into the search for peace believed
that a U.S. visa for Adams, which would boost his credibility
both in Ireland and in the United States, was a key
element in the effort.
To some Irish nationalists and their American supporters,
the refusals were not surprising. The State Department
was regarded, as Coogan points out, "as being so Anglophile"
that some Irish-Americans described the personnel there
as "Brits with American accents." Similar sentiments
were often directed against U.S. embassy staff in Dublin.
Many of the players involved in Irish-American relations
reportedly preferred to deal directly with the National
Security Council where Nancy Soderberg, former aide
to Sen. Kennedy for Irish issues and Clinton liaison
with Irish-American voters during the 1992 campaign,
had landed as the No. 3 official.
As 1993 drew to a close, two events altered the political
atmosphere surrounding a visa for Gerry Adams. The
first was the Downing Street Declaration, a dramatic
but vague declaration by which Ireland and Britain
agreed to certain fundamental principles in their approaches
to uniting Ireland democratically and to ending the
political stalemate.
The second event was a visit to Dublin by the senior
senator from Massachusetts, best described in Coogan's
book: "Ted Kennedy took a hand. He came to Dublin with
his wife Vicky to see in the New Year with Jean, and
to make his own soundings on the visa question. ...
After landing, he drove first to the U.S. residency
for a shower, and then straight out to my house for
lunch with Jean. ... We had a Homeric interlude. In
dark moments later, when the peace process appeared
to be floundering, I used to comfort myself with the
thought that if the visa question could survive that
lunch, it could survive anything."
Two weeks later, Gerry Adams arrived at the U.S. embassy
on Dublin's Elgin Road where, away from U.S. Consulate
Belfast, he had every reason to anticipate a newly
favorable response to his latest request for a U.S.
visa. This time, he requested permission to participate
in a New York City conference on Northern Ireland on
Feb. 1, barely two weeks away.
The embassy staff had been forewarned. Already there
had been discussions in meetings about the appropriate
action to take on an Adams application. For many FSOs,
there was little to discuss. Adams was in the department's
computerized worldwide "lookout system" and was automatically
ineligible under Section 212 of the Immigration and
Nationality Act. It was clear to all that Ambassador
Smith, in a policy departure apparently designed to
jump-start the peace process, favored issuing a visa
to Adams and would so recommend to the department.
Country team members who opposed the move, but had
no opportunity to meet with the ambassador to present
their views, asked DCM Dennis Sandberg to ensure that
their opposition and reasons be noted in any cable
recommending the visa be granted.
However, the ambassador's cable recommending the Adams
visa contained only a cursory mention about "dissent
within my country team over this issue," according
to the OIG report. Treacy and Callahan, who read the
cable after it was sent, were unable to confront Sandberg,
who had just left for a 10-day trip abroad. At that
point, four officials from U.S. Embassy Dublin - including
Treacy and Callahan - acting under State dissent regulations,
drafted and signed a formal dissent cable explaining
why they believed Adams should not be issued a visa.
In the Jan. 14, 1994, cable, the four noted that a
visa for Adams would impair U.S. global credibility
in the struggle against international terrorism, would
strengthen the IRA politically and would compromise
U.S. dialogue with Ireland's Protestant population.
In particular, they believed no visa should be issued
to Adams until he renounced violence unambiguously.
Anything else, one participant noted, was "putting
the cart before the horse."
It would be the beginning of the end for Treacy and
Callahan. John Treacy clearly recalls the signers'
motivations: "We felt we had a duty, a duty to give
the president and the secretary of State our best opinion,"
he said in a recent interview. "We believed we had
a unique perspective to give that opinion. The fact
that we gave it is not remarkable; what's remarkable
is the response that it inspired."
In Washington, where the health care debate was raging,
the question of a visa for Gerry Adams suddenly became
highly charged politics. Some 40 members of Congress,
including senators Kennedy, Daniel Moynihan (D-N.Y.)
John Kerry (D-Mass.) and Christopher Dodd (D-Conn.)
publicly urged President Clinton to grant the visa.
The New York Times editorialized in support of Adams'
application. In this politically charged environment,
the department equivocated and announced that a visa
for Adams would be issued only if he renounced violence,
though officials did not specify whether it should
be a public announcement. To many, this sounded like
yet another bureaucratic death knell for an Adams visa.
On Jan. 28, Adams met in Belfast with Consul General
Val Martinez, who posed carefully worded questions.
Two days later, stretching to find "newly conciliatory
comments" about renouncing violence in what Adams said
in the Belfast meeting, the White House announced that
a visa waiver would be granted to allow Adams a two-day
visit to the United States as of Jan. 31.
In a Feb. 2 article, The Times' R.W. Apple provided
fresh insight into the government's decision to issue
the visa, noting, "British and American officials familiar
with the results of the meeting hotly dispute [the
White House version of the Belfast meeting], asserting
that Mr. Adams merely repeated ambiguous formulations
in answer to precise questions. ... Discussing the
process by which Mr. Adams was granted a waiver ...
a top State Department official said that, after the
Friday meeting, the Department concluded that what
Mr. Adams had said 'did not clear the bar, as far as
we were concerned,' and Secretary of State Warren Christopher
so informed Mr. Clinton. But after a lengthy discussion
between the two, he was overruled and told to recommend
the issuance of the visa to Attorney General Janet
Reno."
Meanwhile, at U.S. Embassy Dublin, the impact of the
dissent cable, which had had no apparent effect on
White House policymakers, was beginning to be felt
by its signers, particularly Treacy and Callahan, who
had been pegged by the front office as the cable's
instigators. What would later be described by State
Department investigators as "a clear pattern of retaliation"
had begun against the two.
US. Ambassador Jean Kennedy Smith presented her diplomatic
credentials to Irish President Mary Robinson on June
25, 1993. The ceremony took place 30 years - almost
to the day - after Smith had accompanied her brother,
President John F. Kennedy, on a visit to Ireland, the
ancestral home of the Kennedy family. She would later
remember the trip as "one of the most moving experiences
of my life." Almost immediately after presenting her
credentials, she set out to travel to County Wexford
and the city of Cork, tracing her brother's footsteps
of 30 years earlier, a powerfully symbolic reminder
of who she was and a deliberate stoking of still-strong
Irish memories. It was a homecoming and widely viewed
as such by the Irish.
In the United States, Smith is best known as the founder
of Very Special Arts, an arts learning program for
people with disabilities. The organization is active
throughout the United States and in 86 countries abroad,
including Ireland. In 1993 Ambassador-designate Smith
was involved in bringing a well-received play, written
under the Young Playwrights program of Very Special
Arts in Ireland and originally produced at Dublin's
Abbey Theater, to New York's off-Broadway.
It is impossible to underestimate the Irish people's
affection and respect for the Kennedys. Few ambassadors
arrive at post as well-connected or as familiar with
the political ground as did Jean Kennedy Smith. Few
envoys enjoy the kind of political access extended
to a Kennedy in Ireland. More importantly, few ambassadors
can command the kind of key Americans' support for
pet issues or projects available to a Kennedy, especially
one who is the sister of a powerful senator and aunt
to two U.S. representatives.
It quickly became apparent to the Dublin embassy staff
that Ambassador Smith practiced the kind of hectic,
high profile, highly personal "action diplomacy" associated
with the Kennedy family. She had little patience with
the forms and norms of conventional diplomacy and certainly
did not need the services of the career embassy staff
to introduce her to the Irish political or cultural
scene or to open all the right doors. As ambassador,
she was determined to avoid policy confrontations with
the Irish government and to eliminate "irritants" from
the U.S.-Irish relationship. She was also determined
to bring fresh initiatives to help solve the agonizing
problem of Northern Ireland.
Not long after presenting her credentials, she planned
her first trip to Northern Ireland, travel that did
not sit well with U.S. Embassy London and which appeared
to go beyond the bounds of her job. On the eve of that
visit, it fell to Callahan, as acting DCM, and Treacy
to advise the ambassador of the long-standing U.S.
no-contact policy with Sinn Fein, guidance that she
reportedly received with stony silence. As a consequence,
a lunch with the Derry City Council, organized for
the ambassador by her old friend John Hume, had to
be hastily rearranged to keep a correct diplomatic
distance between the American ambassador and Derry's
Sinn Fein counsilors, at least while TV cameras were
present.
By the beginning of 1994, Embassy Dublin was a changed
place, tense and troubled. Ambassador Smith chaired
few meetings, and carried on her activities with little
input or participation from the career staff. The result
of her "perceived management style," the OIG would
later report, "was a sense by staff of a distant, aloof
and uncaring Chief of Mission."
The department's dissent channel was established in
1971, prompted by widespread dissent in the Foreign
Service toward U.S. policy during the Vietnam War.
"Department principals want to hear significant views
and recommendations including those not sent forward
through regular channels," notes the relevant section
of the Foreign Affairs Manuel. Regulations state that
any foreign affairs agency employee "may use the dissent
channel without fear of pressure or penalty."
But what happened in Dublin was quite different, according
to the OIG report and to several of the principals
involved. Neither Ambassador Smith nor DCM Sandberg
responded to repeated oral and written requests for
interviews. And, as the Journal went to press, the
department had not responded yet to a Freedom of Information
Act request for a copy of the Dublin dissent cable.
The cable dissenting from the ambassador's recommendation
on Adams was sent as U.S. Embassy Dublin and Washington
closed for a three-day holiday weekend. On the next
business day, a clearly troubled Smith met with the
dissent cable's four signers, including Treacy and
Callahan. The names of the other two dissenters have
not been made public.
During the meeting, the four repeated their arguments
against the visa and emphasized the important role
of responsible dissent in the policymaking process.
As the meeting ended, it appeared to Treacy and Callahan
that the ambassador had "grudgingly accepted" their
role in drafting the dissent message. Several days
later, however, matters took a more ominous turn.
Treacy was told by an aide to the ambassador that Smith
had raised the issue of the dissent channel message
in a telephone conversation with Sen. Dodd. Treacy,
mindful of Dodd's role in the blocking of FSO promotions
in 1988 because of disagreements over U.S. policy in
Central America, took this information very seriously
and considered it an attempt to intimidate him and
the other cable signers.
Two days later, concerned about the raising of Dodd's
name, Treacy asked to meet with the ambassador. The
OIG report contains Treacy's version of the meeting,
in which Smith mentioned "a lack of support at post
for her decisions" and told Treacy that she considered
the dissent cable "an unhelpful attempt to undercut
her with the department." She termed Treacy and Callahan
"the instigators" of the dissent and said she believed
they had "pressured the other signers to go along."
She couldn't run an embassy, she said, "if her employees
were to contradict her policy decisions, and she made
it clear that she expected her officers to support
her decisions," according to the OIG report. After
the meeting, Treacy said, his relationship with the
ambassador began deteriorating rapidly.
Meanwhile, DCM Sandberg - absent from post when the
dissent cable was sent - had returned. He advised Treacy
that the ambassador, still angry over the dissent cable,
had ordered the DCM to arrange Treacy's immediate transfer.
Sandberg also told Treacy that he had erred when, as
acting DCM, he authorized transmission of the dissent
cable without first showing it to the ambassador. The
FAM encourages, but does not require, senders of dissent
cables to share them with supervisors.
Based on conversations with Treacy and Callahan, the
OIG's report would later find that "Sandberg's ill-advised
and improper criticism of Callahan and Treacy for their
use of the dissent channel violated both the letter
and the spirit of the FAM."
The broad issue of visas for Irish applicants, outside
of waiver cases like that of Gerry Adams, represents
an important context in which to view the operations
of U.S. Embassy Dublin during this period. Visas to
the United States, specifically the refusal of visas,
have long been a flash point in the U.S.-Irish relationship.
Visas are a constant irritant between American and
Irish diplomats; U.S. officials have long noted the
large number of Irish travelers overstaying their visas
and the relatively high visa refusal rate at U.S. Embassy
Dublin. Irish parliamentarians send a steady stream
of letters to the U.S. embassy, endorsing the applications
of their constituents or protesting their denials.
In Washington, Congress had been generous in attempting
to resolve the status of Irish illegal aliens and to
make larger numbers of U.S. immigrant visas available
to Irish applicants. Legislation passed in 1986 and
1991 that helped ease restrictions on Irish immigration
to the United States was warmly welcomed in Ireland.
For her part, Ambassador Smith was especially concerned
with the troublesome question of visas. Compounding
the problem in 1994 was that the United States was
hosting the World Cup, and thousands of Irish soccer
fans were expected to travel overseas to watch the
Irish matches. Unfortunately, the "nuances of U.S.
immigration law" were reportedly not topics that engaged
her for long, according to her staff. The ambassador
strongly believed that U.S. law should be changed to
include Ireland in the Visa Waiver Pilot Program, which
exempts tourists and business travelers from applying
for U.S. visas. According to the OIG report, she had
made such views clear to the department, the government
of Ireland and the Irish public. The result was enormous
pressure on embassy consular officers to bend the rules,
to give visa applicants "the benefit of the doubt"
and to reduce the refusal rate.
The OIG later found that "the Ambassador viewed the
consular section, and clearly Consul General Callahan,
as obstacles to one of her priority policies - to reduce
visa friction and bring Ireland under the visa waiver
program."
In the weeks and months that followed, both Callahan
and Treacy say they were subjected to various forms
of retribution that effectively ended their effectiveness
at U.S. Embassy Dublin. Both were virtually excluded
from guest lists for the ambassador's representational
events. Access to restricted cable traffic was withdrawn.
By March, Smith was actively seeking Callahan's transfer,
according to the OIG report. In the embassy, officials
were bypassing him for sensitive consular cases in
favor of a subordinate, and the front office was reversing
his management decisions. Callahan meanwhile stood
tenaciously by his belief that the elimination of the
visa requirement for Irish visitors would eventually
increase illegal U.S. immigration. Both officers were
having serious difficulties as the DCM prepared their
annual efficiency evaluations (EERs). The DCM told
Callahan, as early as Jan. 31, according to the OIG
report, that he would be receiving a negative report
and suggested he request to have his three-year assignment
curtailed. Later, the OIG inquiry team would determine
that "Callahan's highly negative EER represents retaliation
by rater Sandberg and reviewer Smith as a result of
Callahan's participation in the dissent cable."
Meanwhile, the State Department was finishing up its
annual publication, Patterns of Global Terrorism. In
the report, issued April 1, 1994, the department called
the IRA "the most active and lethal terrorist group
in Western Europe."
Treacy was allowed to finish his tour in Dublin, and
left in June 1994. In the words of an embassy colleague,
Treacy's last months were "a professional hell." In
mid-June, exercising his rights under the FAM, he notified
the department in writing of the reprisals following
the dissent cable in January. His annual evaluation
report, for the period that ended May 15, 1994, arrived
in Washington four months late, after the USIA promotion
panels had completed their work, which delayed his
chances for promotion in a highly competitive "up or
out" personnel system. Callahan finally requested that
his Dublin tour be cut short a year and, in August
1994, he transferred to London. In November, he contacted
the State Department's OIG with an account of retaliatory
actions against him in Dublin.
The letters of Treacy and Callahan led to a two-month
OIG investigation in early 1995. The report, highly
critical of Ambassador Smith and DCM Sandberg, was
completed in December 1995. And last spring, more than
two years after Treacy and Callahan had signed the
dissent cable, Smith was "formally reprimanded" in
a letter from Secretary of State Warren Christopher,
according to press reports.
A few days after the reprimand became public, Ambassador
Smith and her brother attended a New York City dinner.
Smith and Sen. Kennedy escorted President Clinton to
the dais where, before an audience of 500 Irish-American
leaders, he accepted an award as "Irish-American of
the Year."
Both Callahan and Treacy were successful in having the
irregular evaluation reports withdrawn from their performance
files. In recognition of the resulting gap in Callahan's
file, the department extended by a year his allowed
"time-in-class," the period during which he must be
promoted or take early retirement. To date, USIA has
not extended a similar benefit to Treacy.
In an interview in his Washington office, Treacy admits
he has no regrets about sending the cable, which he
says he signed because he was "worried about the effects
on ... morale" of other young consular officers at
U.S. Embassy Dublin. "Careerism is the end of integrity.
When we enter the Service, all we have is our honor
and our integrity and we shouldn't have to compromise
it just because we're in the Foreign Service."
Would he do it again? "I think there would be no choice
if I felt strongly about something," he says. "But
you know you also have to have a sense of perspective.
I was a soldier in Vietnam and, in the broad spectrum
of sacrifices one can be called upon to make for one's
country, having a gap in your performance file is not
that significant. After all, I have my arms, my legs.
Let's keep this in proportion."
Meanwhile, on Aug. 31, 1994, the IRA announced an "open-ended"
ceasefire in its armed struggle against Irish Unionists
and the British. In a statement, President Clinton
called the IRA's decision to join the political process
a "beginning of a new era." A few weeks later, Gerry
Adams received his second U.S. visa, this time for
two weeks and, building on the media blitz that marked
his first visit, traveled across the United States
from Hollywood to the State Department for public and
private meetings widely covered in the media. In Washington,
President Clinton announced an end to the U.S. ban
on contacts with Sinn Fein, and on Oct. 3, Vice President
Al Gore telephoned Adams with the latest good news.
It was a local call: Adams was staying with Ethel Kennedy
at her home in McLean, Va. In November, Adams received
his third U.S. visa, this one a 90-day multiple entry
visa that allowed him to enter and leave the United
States at will.
St. Patrick's Day 1995 in Washington was an Irish-American
revel, even louder than usual. Trying to generate momentum
in the stalled Anglo-Irish talks on the weapons issue,
President Clinton used the occasion to lift the ban
that had prevented Sinn Fein from raising funds in
the United States. Gerry Adams was invited to the annual
White House St. Patrick's Day reception and, at a luncheon
on Capitol Hill, stole the limelight by shaking hands
with Clinton. In a statement at the White House Shamrock
Ceremony, Irish Prime Minister John Burton applauded
Clinton for "the willingness that you have shown, Mr.
President, to take risks, to do things that many of
us might have thought were foolhardy at the time -
like granting a visa to Gerry Adams. You have been
proven right. You made the right decision." According
to Irish author and politician Coogan, "St. Patrick's
Day at the White House was a night to remember." In
his version, one guest at the raucous affair asked
another: "Do you think the State Department will get
the message now?"
Almost unnoticed in the hoopla was President Clinton's
announcement that, beginning April 1, 1995, Irish business
and vacation travelers would no longer require visas
to visit the United States, thanks to legislation sponsored
by Sen. Kennedy. "This step is another demonstration
of our confidence in the future of Ireland and the
strong ties between our nations," the president said.
On Nov. 30, President Clinton became the first U.S.
president to visit Northern Ireland. The following
day, with U.S. Ambassador Jean Kennedy Smith at his
side, Clinton made a triumphant visit to Dublin.
Two months later, on Feb. 9, the "hooded ones" of the
IRA announced plans to resume their armed struggle
against the British after the 17-month ceasefire. Within
hours, a 1000-pound bomb ripped through London's Docklands
section, killing two and injuring 43. Days later, in
the middle of London's crowded theater district, another
bomb was found but successfully dismantled. Two days
later, a third bomb exploded aboard a London bus near
Covent Garden, killing the presumed bomber; a fourth
bomb exploded at a Manchester shopping center on June
15, injuring 200. The IRA claimed responsibility for
all four.
On March 17, the White House pointedly excluded Gerry
Adams from St. Patrick's Day ceremonies, proving that
American support could be a two-edged sword.
Richard Gilbert, a freelance writer, is a
former FSO
with the U.S. Information Agency who served in Thailand,
Romania, Finland, Liberia and the former Soviet Union.
John Treacy was recently named co-winner of the Christian
A. Herter Award, given annually to a senior FSO by
the American Foreign Service Association for constructive
dissent. James P. Callahan was awarded the William
R. Rivkin Award, given annually to a mid-level FSO
by AFSA for constructive dissent.