Finally, a possible explanation for why Biden’s Iran envoy was suspended

With lawmakers left to dig up clues, Robert Malley should be charged or given a chance to clear his name.

By Josh Rogin

Considering Iran’s collaboration with U.S. adversaries in the Middle East crisis and the Ukraine war, not to mention the Islamic republic’s nuclear ambitions, the Biden administration would surely like to have its top diplomat for Iran on the playing field. But the State Department’s special envoy, Robert Malley, has been sidelined while under federal investigation for going on one year — without any official explanation. Now, new information about the case is coming to light.

Malley, who was appointed to his role by President Biden in 2021 and was intimately involved in back-channel talks with Iran, was placed on leave and had his security clearance suspended in April 2023.

On Monday, the top Republicans on the Senate Foreign Relations and House Foreign Affairs committees sent a letter, a copy of which I obtained, to Secretary of State Antony Blinken, decrying the lack of information about the official investigation and laying out the results of their own inquiry.

“Due to the Department’s evasiveness and lack of transparency, we have worked to glean information from other sources,” Sen. James E. Risch (Idaho) and Rep. Mike McCaul (Tex.) wrote in the letter. “Our own investigations have uncovered the following information and troubling allegations. We ask that you confirm the information we have learned.”

Risch and McCaul are asking the State Department to confirm that Malley’s security clearance was suspended by the State Department’s Diplomatic Security Service because he “allegedly transferred classified documents to his personal email account and downloaded these documents to his personal cell phone.”

Through leaks in the Tehran Times, an Iranian state-controlled media outlet, it had already been reported that Malley was under federal investigation for potentially mishandling classified documents, but Risch and McCaul are claiming to have discovered more details.

In the letter, the Republican lawmakers also ask the State Department to confirm their belief that “a hostile cyber actor was able to gain access to his email and/or phone and obtain the downloaded information.” In August, the Tehran Times also published multiple articles it claims were based on leaked secret U.S. government documents, including one about Biden’s internal diplomatic strategy.

The State Department inspector general’s office is investigating those leaks. Risch and McCaul contend they are connected to a hack of one of Malley’s personal devices.

“When and how did the cyber actor compromise Mr. Malley’s account?” the letter asks. “Did the compromise of Mr. Malley’s device enable subsequent compromise of other senior officials at the State Department, National Security Council, or other agencies? How did the malign cyber actor utilize the information obtained from Mr. Malley?”

Last June, the State Department did acknowledge that Malley had been placed on leave, and subsequent reports revealed that the FBI is also participating in the investigation. But the Justice Department has produced no charges and has made no comment on the matter. Malley, who is teaching at Princeton and Yale, declined to comment. His deputy has been serving as acting envoy.

The State Department also declined to comment on the case, and the Justice Department did not respond to a request for comment.

Risch and McCaul are demanding that the State Department answer several questions about the investigation, including how many classified documents are at issue, to whom they were allegedly transferred, and what if any assessment has been done as to the national security implications of the alleged mishandling of classified information.

“The allegations we have been privy to are extremely troubling and demand immediate answers,” the letter concludes. “These allegations have substantial impact on our national security and people should be held accountable swiftly and strongly.”

Mishandling of classified documents can be a felony in some instances, but the Justice Department’s approach to such investigations varies greatly case to case. Biden, former vice president Mike Pence and former secretary of state Hillary Clinton were all investigated but never charged. Former president Donald Trump was charged, albeit under very different circumstances.

The letter is a sign of the deep frustration on Capitol Hill about the lack of public information regarding the case. Risch and McCaul also ask whether the FBI has recommended charges and what, if anything, the White House or State Department has done to weigh in on the matter behind the scenes.

Meanwhile, Malley sits in limbo, unable either to clear his name or avail himself of legal remedies. In many cases, officials are able to contest allegations of mishandling of classified information and thereby avoid charges (as in the Clinton case). If Malley were formally charged with a crime, at least he would then be afforded due process to defend himself.

Malley has critics in Congress who see him as too cozy with the Iranian regime and its allies. Lawmakers and the public have a right to know the details of any alleged transgressions. But Malley also has a right to know his fate, one way or the other. And the administration should have its top Iran envoy either cleared or charged, so it can effectively manage this crucial foreign policy challenge.

Opinion by Josh Rogin

Josh Rogin is a columnist for the Global Opinions section of The Washington Post. He writes about foreign policy and national security. Rogin is also a political analyst for CNN. He is the author of the book Chaos Under Heaven: Trump, Xi, and the Battle for the 21st Century.Twitter