ADAM B. SCHIFF, CALIFORNIA ONE HUNDRED SIXTEENTH CONGRESS CHAIRMAN DEVIN NUNES, CALIFORNIA RANK N6 MEMBER TIMUIHY BERGHLEN, STAFF DIRFFTUFI 4202} 225??690 housegov 5:31;er Minoan-r STAFF DIHECTQF ?ermanent (Enmmittee on ilntelligente Mg). Jenna of ?rnreazntatthes July 22, 2020 The Honorable Chad F. Wolf Acting Secretary of Homeland Security US. Department of Homeland Security Washington, DC. 20528 The Honorable Brian Murphy Acting Under Secretary Of?ce of Intelligence and Analysis US. Department of Homeland Security Washington, DC. 20528 Dear Acting Secretary Wolf and Acting Under Secretary for Intelligence and Analysis Murphy: Troubling media accounts suggest that the Department of Homeland Security?s (DHS or the Department) Of?ce of Intelligence and Analysis and certain other Department components may be engaging in unprecedented, ?expanded? intelligence and related activities in support of a policy that exceeds the Department?s historical mission, and contrary to constitutionally-protected rights of speech, assembly, and peaceful protest. Such accounts are especially disturbing as Americans are learning about the Administration?s unilateral deployment of federal of?cers, many apparently from DHS components, in Portland over the objections of state and local of?cials. These DHS of?cers reportedly have been wearing camou?age according to the New York Times, also without obvious markings or identi?cation using unmarked vehicles, and detaining peaceful protestors without clear authority or cause.I I thus write to request information about any such activities the Department, the Homeland Security Intelligence Enterprise, or any of the Department?s other components may have undertaken or plan to undertake, or for which support has been requested or suggested, in connection with President Trump?s Executive Order on Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence (Executive Order).2 Federal Agents Unleash Mllitart'zed Crackdown on Portland, The New York Times, July 17, 2020, ?It Was Like Being Preyed Upon Portland Protesters Say Federal Officers in Unmarked Vans are Detaim'ng Them, The Washington Post, July 17, 2020, 2 Executive Order on Protecting American Monuments, Memorials. and Statues and Combating Recent Criminal Violence. The White House. June 26, 2020. . On July 20, the Washington Post3 reported that the Department "has authorized its personnel to collect information on protesters who threaten to damage or destroy public memorials and statues, regardless of whether they are on federal property, a signi?cant expansion of authorities that have historically been used to protect landmarks from terrorist attacks.? The document underlying this account, allegedly obtained by the Post, has been described as a ?job aid? for personnel implementing the Executive Order ?targeting protesters who threatened to remove Statues honoring Confederate of?cers and other people they consider moist.? Along similar lines, Lat/Ignite4 that same day described an unclassi?ed memorandum titled, ?Job Aid: DHS Of?ce of Intelligence Analysis Activities in Furtherance of Protecting American Monuments, Memorials, Statues, and Combatting Recent Criminal Violence.? According to Lawfare, the memorandum, which contains legal guidance regarding 1&A?s ?expanded? intelligence activities in support of the Executive Order, ?covers signi?cantly more than just planned attacks on federal personnel or facilities. It appears also to include planned vandalism of Confederate (and other historical) monuments and statues, whether federally owned or not.? If true, this marks a signi?cant change. So far as the Committee is aware, never before has the Department sought to so aggressively counter potential threats of graf?ti, vandalism, or other minor damage to monuments, memorials, statutes, and federal buildings including those not found on federal lands in the same fashion as it would seek to counter acknowledged threats to US. homeland security, such as terrorism, signi?cant cyber intrusions, or attacks against federal facilities or personnel. Nor is the Committee aware that the Department has ever sought to use and so distort its existing authorities to protect such facilities and personnel as justi?cation for directing its limited intelligence authorities to collect information on and to target persons exercising their legal rights and engaging in activity protected under the First Amendment. To carry out its authorized responsibilities, the House Permanent Select Committee on Intelligence (Committee) thus respectfully requests that, on or before 12 pm. on Friday, July 24, 2020, you provide to the Committee: 1. As the Department has committed, a brie?ng on the allegations raised in the Washington Post and Lawfare accounts; 2. Unredacted copies of all documents, communications or other materials, regardless of form, produced by or in the custody or control of the Department, the Homeland Security Intelligence Enterprise, or any Department component, regarding any Department intelligence activities undertaken, requested or planned in connection with the implementation of or support for the Executive Order, including: . 3 DHS authorizes personnel to collect information on protesters it says threaten monuments, The Washington Post, July 20, 2020. ton /dhs-authorizes? 1ea-b0e3 -d5 5bda07d66a storv.html. 4 DHS Authorizes Domestic Surveillance to Protect Statues and Monuments. Lawfare. July 20, 2020. a. All memoranda, job aids, and other documents or communications regarding such intelligence activities, to include any legal guidance or analysis of the legal basis for such activities; b. In addition to ?nished intelligence products already made available to the Committee, all other intelligence products, intelligence reports or other intelligence information collected or otherwise obtained or generated by Department components in connection with implementation of or support for the Executive Order and deployment of DHS of?cers to Portland and other areas; c. The Department?s information or intelligence requirements, and any attendant collection plans or activity. 3. All e-mails, memoranda, or other communications or documents, regardless of form, between the Department and any of its components, and the Department of Justice or the White House, regarding Department intelligence activities undertaken, requested or planned in connection with implementation of or support for the Executive Order. You are required by law to ful?ll these requests. 50 U.S.C. 3092 obligates the heads of Departments involved in intelligence activities to keep the Committee fully and currently informed of such activities. The statute further obligates such of?cials, on the Committee?s request, to provide ?any information or material concerning intelligence activities (including the legal basis under which the intelligence activity is being or was conducted)? The American people deserve, and expect, that the Intelligence Community and DHS will scrupulously honor obligations to respect civil liberties when conducting the vital mission of keeping our nation safe. At this key moment in our history, it is critical that the public retains con?dence and trust in the Intelligence Community and federal law enforcement. The Homeland Security Intelligence Enterprise, sitting uniquely at the intersection of these two institutions, has a special obligation in this regard. Thank you for your timely cooperation. Sincerely, Adam B. Schiff Chairman cc: The Honorable Devin Nunes Ranking Member