The Denver Post

U. S. considered taking info from protesters’ cellphones

- By Zolan Kanno- Youngs

WASHINGTON » Department of Homeland Security officers considered extracting data from cellphones seized from protesters in Portland, Ore., which would have been a remarkable violation of privacy and the right to peaceable assembly, House Democrats said Friday.

Lawmakers on the Intelligen­ce Committee called a hearing Friday to examine the allegation­s of Brian Murphy, the former chief of the department’s Office of Intelligen­ce and Analysis, who has accused department leaders of suppressin­g intelligen­ce warnings of violent white supremacy and Russian election interferen­ce.

But Rep. Adam Schiff of California, chairman of the committee, opened the hearing by revealing that it had found that Homeland Security intelligen­ce analysts were sent to Portland and questioned demonstrat­ors. The Federal Protective Service, the Homeland Security agency that protects federal property, requested that the analysts “extract data” from phones seized from the protesters without a search warrant, a request that went unfulfille­d, Schiff said.

Joseph Maher, the acting chief of intelligen­ce office, indicated that he had heard of the gathering effort, although he could not recall who in the agency had told him.

He said the Department of Homeland Security’s inspector general was investigat­ing.

Maher testified for the first time since his predecesso­r, Murphy, filed a whistle- blower complaint claiming department leadership blocked the release of intelligen­ce warnings of violent racist extremists and Russia’s efforts to denigrate Joe Biden, the Democratic candidate for president.

“Is Russia actively trying to denigrate Joe Biden?” Schiff asked.

“Yes,” said Maher, who assumed oversight of the intelligen­ce office in August.

The intelligen­ce branch of the Department of Homeland Security has come under fire about its efforts to gather informatio­n on protesters in Portland and the journalist­s covering the unrest. Murphy’s allegation­s that senior leadership of the department tried to distort assessment­s of threats facing the country has fueled criticism that an agency built to coordinate the federal government’s response to national emergencie­s has instead bent perception­s of those threats to the political whims of the president.

The intelligen­ce committee has investigat­ed the Department of Homeland Security

since it dispatched tactical teams during the summer to face protesters outside a federal courthouse in downtown Portland.

A central duty of the intelligen­ce office is to gather data from the various federal agencies, as well as publicly available sources, and include it in unclassifi­ed intelligen­ce bulletins used to inform state and local law enforcemen­t agencies of emerging national security threats.

The Department of Homeland Security did not approve the request to glean data from protesters’ cellphones, but Democrats expressed concern.

“This is a situation where an element of the United States intelligen­ce community, not law enforcemen­t personnel, is being asked to use tools meant to counter terrorism or national security threats, not Americans who are exercising their constituti­onal rights,” said Rep. Jim Himes, D- Conn.

Maher took over the intelligen­ce office after Chad Wolf, the acting secretary of the department, demoted Murphy, whose analysts included the Twitter posts of journalist­s covering Portland, including those of a New York Times reporter, in intelligen­ce bulletins.

Maher said including informatio­n on the journalist­s was “not an appropriat­e production of an intelligen­ce report.”

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