A significant number of employees in DHS’s intelligence office have raised concerns that the work they are doing could be illegal, according to internal documents reviewed by POLITICO
A virtually unknown DHS program allowed officials to go directly to incarcerated people — circumventing their lawyers — for interviews, raising important civil liberties concerns, according to legal experts. | Susan Walsh/AP PhotoFor years, the Department of Homeland Security has run a virtually unknown program gathering domestic intelligence, one of many revelations in a wide-ranging tranche of internal documents reviewed by POLITICO.
The inner workings of the program — called the “Overt Human Intelligence Collection Program” — are described in the large tranche of internal documents POLITICO reviewed from the Office of Intelligence and Analysis. Those documents and additional interviews revealed widespread internal concerns about legally questionable tactics and political pressure. The documents also show that people working there fear punishment if they speak out about mismanagement and abuses.
“I don’t know any counsel in their right mind that would sign off on that, and any member of Congress that would say, ‘That’s OK,’” said Bachner, who currently runs a consulting firm. “If these people are out there interviewing folks that still have constitutional privileges, without their lawyer present, that’s immoral.”
POLITICO reviewed a slide deck titled “I&A Management Analysis & Assistance Program Survey Findings for FOD.” FOD refers to I&A’s Field Operations Division — now called the Office of Regional Intelligence — which is the largest part of the office, with personnel working around the country. Those officials work with state, local and private sector partners; collect intelligence; and analyze intelligence. When the U.S.
Other documents laid out concerns related to a specific internal dispute about how the law applies to I&A’s interactions with American citizens. “Many taskings seem to be law enforcement matters and not for an intelligence organization,” read one portion, referring to assignments. “How is any of this related to our Title 50 authorities? Even if we are technically allowed to do this, should we? What was the intent of Congress when they created us? ‘Departmental Support’ seems like a loophole that we exploit to conduct questionable activities.
“The liability for negative consequences of field employees’ activities in the field falls on them, even if they received supervisor and G4 approval for their activities,” the document states. “Employees recommended I&A provide field employees with professional liability insurance.
“OCG” appears to be a typo of the acronym for DHS’s Office of General Counsel. “Ombuds” refers to I&A’s ombudsman. “I&A leadership clearly and repeatedly underscores the expectation that all I&A employees are empowered to express concern and professionally challenge their leadership, the Office of General Counsel, I&A’s Ombudsmen, and the Intelligence Oversight Officer without fear of retaliation,” the statement added.Another major concern: political pressure.
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