Marco Rubio granted final say over Foreign Service firing appeals

The Department of Justice (DOJ) issued legal guidance stating that Secretary of State Marco Rubio should hold final authority over appeals regarding the firing or discipline of U.S. diplomats and Foreign Service employees.

The DOJ’s Office of Legal Counsel determined that the Foreign Service Grievance Board, an independent panel that hears workplace appeals, cannot retain the power to overrule the State Department. While the board will continue to hear appeals, its decisions in favor of employees will now serve as recommendations subject to final review by either the President or the Secretary of State.

Assistant Attorney General T. Elliot Gaiser stated that the guidance aims to restore the accountability line of foreign policy, which flows from the people to the foreign service through the President. The DOJ cited a 2013 case involving a Peace Corps worker as an example of why the independent board should not have final authority, noting the board had previously ordered the reinstatement of an employee who had downloaded sexually explicit material onto a government computer.