Cruz this subcommittee hearing is called to order. Welcome to the witnesses who good afternoon the subcommittee hearing is called to order. Witnesses. The. The First Amendment is first for a reason to guarantee not only the freedom of speech but the Peaceful Assembly of people peaceably matters a great deal in that protection. Without First Amendment rights, rights that protect the countless ways in which people can express their social and political views , democracy would work the demand changes to petition the government for grievances in the very best tradition of america. No history of the United States or no recounting of the struggle to live up to our founding promises to be complete without recognition of peaceful movements that have push this nation forward. From the abolitionist, suffragettes, to the countless souls who march in support the civil rights vemovement. Piece one dash peaceful assemblies have move mountains. When america saw the horrifying video of a Police Officer killing george floyd the nations long history of Racial Discrimination and injustice. They write fluently andic peacefully every american regardless of skin color what began as a legitimate protest against a vile act of abuse sadly was hijacked by opportunist but early june rioters have injured more than 700 Law Enforcement officers across the country. And murdered a retired officer who served st. Louis with honor for many years also damaged or destroyed countless buildings they burned Affordable Housing and damaged over 400 businesses. Many owned by african americans. At a cost of 500 million in damages. And Philadelphia Police cars were set ablaze. In seattle, rioters who damaged heart on hundreds weof buildings were allowed to set up the autonomous owned by local officials who all predictably resulting in more crime including four shootings that cost to young people their lives but the fact is those who took to the streets because their hearts cried out for justice have become over shadowed by rioters and looters and those who exploit the protest to their own evil and. Those rioters are not concerned about Racial Justice they are willing to make a mockery of the peaceful protest to advance they are violent objectives. Their actions are profoundly racist to rioters as they destroy minority communities and businesses and lives across the country. It should be complicated. Peaceful protest must be protected. Riots must be stopped. Nobody has the right to assault another person to throw a molotov cocktail into a police car. That is an exercising at constitutional right but terrorizing your fellow citizens. More and more we see signs a significant portion of this violence and rioting isnt random or spontaneous. It is coordinated and inspired by leftist, anarchist groups like anti for will try to attack american buildings, american homes, and americanme lives. This is happening in my home stay in austin and dallas and across the country whether minneapolis, pittsburgh or toledo to name a few. Tragically nowhere more so than Portland Oregon. In Portland Antifa and other radicals have thrown pipes the dhs officers to use commercial grade lasers to try to blind them perhapsga permanently. Then launched attacks with commercial grade fireworks and firebombed a federal courthouse. This is not peaceful protest. This violence speaks for itself. But for good measure on the county courthouse until the police and i. C. E. Are abolished we will burn the city down piece by piece. They are telling us what their demands are to shut down and abolish the police this should be universally condemned. And to say dont murder your fellow citizens and dont attack Police Officers protect each others rights. Instead of seeing leaders united we see too many local officials mayors and governors who have made a cynical decision is in their partisan interest to turn a blind eye to the Law Enforcement officers to be attacked on a nightly basis and even worse than that, to demonize the Police Officers. To throw out terms like storm troopers and gestapo to describe Law Enforcement officers doing their jobs. And for that reason ive introduce legislation called the reclaimoves act. It provides if you are injure injured, if your property is damaged and business burned to the ground or looted and destroyed during a riot come as a result by denying Police Protection the new have a federal cause of action to sue the municipality or city that has denied you policewi protection. And willfully looks the other way while your life was in danger while your business burned to the ground. Denying fair protection of Law Enforcement is a civil rightsic violation for any american who was denied. Representative john lewis who is passing and the nation just mourned, he said rioting, looting, and burning is not the way. Organized. Demonstrate. Sit in. Stand up. Vote. Representative lewis is exactly right. We all have a right to free speech and we should protect that right vigorously. We should also be united to condemn Political Violence and domestic terrorism. And to understand what is happening on the ground but the heroic men and women are facing right now. We can see whats occurring and we have the video to display that now. Shows me where it protesters are supposed to be polite and peaceful . We can transform the discourse of our nation into a brotherhood. Stand up for freedom together. Let freedom ring. A Passionate Movement for justice with those distractive moms. Mobs. 77 yearold was shot to death. Officer Dave Underwood was killed and it was a targeted attack on laww enforcement. Senator geraldo. One senator from know. Thank you mr. Chairman nobody is compiling one condoning violence against anyone. The hearing is titled the right of the people peaceably to assemble the hearing we should be having is called the right of the people to peacefully assemble without being beatenn up with federal agents that are not identify that would address an actual problem lawful protesters are. Facing and the rest of us are seeing in this country. The murder of george floyd were indeed and around the world and h ind response to use violence and extensive force to break up these protests. We saw two wellknown examples in Portland Oregon and dc and on june 1st people will peacefully protesting by the white house calling for an end to Racial Injustice and police brutality. Suddenly federal agents used chemicals rubber bullets and riot shields flash bang grenades to forcibly disperse the protesters to clear the area. This is done so the president could get a photo up in front of st. Johns church. There was no violence in lafayette square. In fact the only when using force was federal Law Enforcement agents. Portland is another clear example where federal agentss p use indiscriminate force to break up people gathered to peacefully protest. On july 4th unidentified federal agents arrived outfitted as if for were wearing camouflage and gear. With unnecessary deployment of federal officers they have repeatedly portrayed portland protesters as violent anarchist and members of antifa but in the past four weeks and beating up on nonviolent protesters tear gassing and shooting them with rubber bullets called leslie the munitions and federal agents shoot a 26 yearold nonviolent protest are in the face with the less lethal munition and as you can see in the photo suffering school fractures and icu. Law officersl with a 52 yearold navy veteran approach them and when Christopher Davis refused to react then broke his bones they pepper sprayed him in the face and we saw federal officers tear gas mobs as they stood and protected the peaceful young protesters and then they grabbed Peaceful Protesters off the street to force them into unmarked vans one protester described having his hat pulled over his face and he could not see. I am notot alone with the use of force and violence the attorney general of oregon has sued the federal government to stop federal agents to use the secret Police Tactics where they take people off the street and force them into unmarked vans state and local officials have demanded that forces leave portland. Have decided the federal officers were concerning enough to open investigation and we are having this hearing in need of protection for federal officers. But to focus only onum anarchist violence and the efforts to distract us from thet underlying issues then millions of protesters are calling on us to address systemic Racial Injustice in the country and then to undermine the massive protest by dismissing them and to perpetuate the narrative President Trump has ignored factual evidence he has ignored studies that white supremacist but antifascist have killed nobody with politically motivated attacks. The millions of people were demarching peacefully in the right to peacefully assemble and shooting them in the face. Thats the discussion we should be having today. At this time i would like to show a video that highlights the extensive use of force by federal agents in portland. And then to appear directly. And then firing at his head in retaliation. On july 181 was pepper sprayed sometimes members of the press and then sending those projectiles. And my former Homeland Security officials. Are we supposed to know who you are . One protester was detained at that location nearby. On the right and on the left side of the uniform not showing their tactical unit. Dhs said federal officers made 43 arrests since july 4th. Thank you senator. At the end of that video where it is narrated it says describing Law Enforcement officers unidentified but the video shows them with the word police in bright yellow capital letters across their chest that is a curious way to describe a lot enforcement officer as unidentified. D. The Ranking Member said nobody is condoning the violence and rioting but yet nowhere in the opening remarks was one word condemning it. Condemning the assaults, or the 277 injuries that Law Enforcement officers have suffered with those and not a word was said every tired st. Louis Police Officer both of whom are africanamerican in both of whom werere murdered. We dont condone this we simply wont say a negative word about the terrace the senators from oregon coming before the Committee Given what is transpiring in portland it seems appropriatewi courtesy so we will now recognize both senators from oregon senator wyden and merkley who have asked to address the subcommittee. Thank you mr. Chairman. Time is short so i will get right to the question as a senator from oregon i want to begin to americans believe are the real threat to our constitutional right . Is that the oregonians who gathered in my hometown and the murder of george floyd or is at the heavily armed secretf police who smacked on snatched them off the street in the unmarked van to interrogate them without justification . And an Emergency Room Physician and county commissioner or is it the unidentifiable military forces who without provocation teargas moms and their fellow protesters. Is that those who raise their hands in the air to say hands up we dont shoot. Or is it a duplicitous president who calls oregonians professional agitators people who hatete our country and call my hometown a beehive of terrorist and that is nonsense. Violent conflict was down before donald trump got involved. Public recordt documents i would ask unanimous consent we put the analysis into the record. Without objection. Why make these accusations donald trump and in the police id create imagesof of chaos for political gain. The president is still getting the scenes of violence and threatens elsewhere. This nonsense papers over the murderous intent of some created by the far right. Those have been on the rise with the scenes of blackwhite center protests. This talked about the leftists anarchy he races the work done by those who stood up in peaceful protests to declare blackwhite smatter in the wake of the murder millions of millions of americans of all ethnicities all this talk about the leftists anarchy is a reflection of the nationwide call for justice. It didnt help to divide the secret police forces. I agree there is a serious danger at this unique moment in history and they are calling Peaceful Protesters into Paramilitary Forces into americas cities. Thank you, senator. Chairman cruise and Ranking Member thank you for this hearing on the need to protect the Peaceful Assembly in america. Weve heard conflicting stories about portland, scenes taken from early on after george floyd was murdered and protesters in a very angry state and there were some substantial destruction that down to a small number thats when the conversation started to make the transition to what the federal forces have done. Heres what the scene looked like in portland when the troops were arriving. People proved to be peacefully protesting a group of moms protecting the group behind them then at about 11 they would storm out of the building and attack the peaceful demonstration. These forces were armed with military grade tear gas, munitions, pepper spray and they used them all. Pick shirtless, a young man stands facing the troops holding the radio over his head and an officer standing across the street shoots him in the center of his forehead sending him to the hospital in Critical Condition with a fractured skull. Thousands of ordinary portland from every corner of the city, every walk of life are assaulted. A disturbing number into the hospital with injuries and thousands are dealing with after effects. After attacking the crowd got forces through the streets, threw them into unmarked vans. The focus is no agency marking. If they do it again. Theres no way to hold anyone accountable for these acts against Peaceful Protesters. Officers with no identity attacking protesters, sweeping unmarked vans or Police Tactics around the world. Americanhought an president would bring such tactics to the streets of america, but trump has so we should pass the act to end it if we want to protect Peaceful Assembly they were not anarchistss. , they were citizens that love the constitution and believe we have a responsibility to call for justice and call they asked me after day, week after week they inspired me and they should inspire you. Thereve been incidents yes and i dont condone vandalism and i condemn anyone threatening violence to someone else with the force forces didnt arrest a violent few. They attacked the peaceful mini. There is a world of difference in that. I encourage you to listen to firsthand witnesses, the tactics of the forces. I read a lot of them on the floor but hereru is another. A former Peace Corps Volunteer Service standing there the whole time trying to Pay Attention thinking i havent w heard anything. They havent told us we had to clear the streets. There was nothing. Then we were gassed. Then pepper bullets. My first thought is what happened to my helmet. It hurt so badly even with a helmet to get shot. They shot and broke my left foot but i stayed. They split the bone in my big toe and then more tear gas and she says the girl on my left, the canister was shot directly into her head. All of us here sworn to defend the constitution should condemn these attacks. Its not acceptable anywhere in the world. Its an unbelievable offense against civil rights here on the idreets of our democratic republic. President trump tried this strategy in washington, d. C. He brought the strategy to portland new york city, detroit, oakland and launched a campaign ad about a stone wall in order president. He gets confused using tactics against Peaceful Protesters doesnt make him a defender of paul and order it makes him a violent suppressor. He said withdrawingg federal agents the protests have been peaceful celebrations focused. I saw it myself this past weekend i spoke at a rally hosted by a chapter and walked around and talked with folks that have been there day after day and week after week. They want the nation to reckon with the systemic racism that remains at the heart of so many which have shaped the life in the country for more than four centuries. Closing with a Great Supreme CourtJustice Thurgood marshall once said i wish i could say that racism and prejudice were only distant and raised. We must descend from the indifference, from the apathy, from the fear, the hatred and mistrust because america can do better. Colleagues, america can and must do better. We will now call the first panel consists of two government witnesses. First from my home state of texas and then from the department of Homeland Security. Currently as the u. S. Attorney for the northernn district acces to and as the task force on violent antigovernment extremists. Prior to the appointment as u. S. Attorney, a Senior Adviser in the cybersecurity risk practice. Before that she spent nearly a decade in the office she now leads andy served as the chieff staff for the counsel in the office ofhe legal policy in the justice. Rtment of she began her career with clerkships for judge henry of the court of appeals for the fifth circuit and four judge sanders of the District Court for the Northern District of texas. She earned from the school of law at the Southern Methodist university and bachelors in business from the university of texas at austin. A senior official performing the duties of the deputy secretary of the department of Homeland Security. In that role he oversees many of the department functions are vital to its mission of the misf safeguarding the American People and our homeland. Before assuming his current position, he served in the Virginia State senate from 2002 to 2010 and from 2010 to 2014 the surface they attorney general of virginia and before serving in these positions he worked in privatere legal practice. He earned a jd and m. A. In International Commerce and policy from george masoniv university, and a bachelor of science from the university of virginia is. I would ask the witnesses to please stand and raise your m right hand. Do you swear or affirm the testimony you are about to give before this committee will be the truth, the whole truth and nothing but the truth so help you god . You may be seated and we will start with you. Good afternoon, chairman cruz, Ranking Member and members of the subcommittee. Im the United States attorney for the Northern District of texas into the chai and the chae attorney generals advisory committee. Thank you for inviting me today to discuss the justice departments efforts to counter violentso antigovernment extremism. For me it is a topic that hits closeem to home. A little over a year ago in june a gun than with military gear opened fire on the federal courthouse in dallas which house is not only the judiciary but my office and many others. The violence ripped through just as we were arriving for work that day. Several were caught in the midst of the attack. They were hiding behind cars and one was pushed into the door as the bullets went past them both. Our office will be forever grateful to those that engaged the shooter ending the attack for innocent lives were lost. To this day we remain rattled by the antigovernment motives. He chose his location for a reason. Hecourthouse is one of the essential body politics where the laws are upheld and justice is out to target a courthouse and those who work there is to target the core of our society. Dallas is no stranger to assault on the movable. Three years prior blocks from the courthouse a gunman targeting Law Enforcement ambushed police turning a protest. Five officers were killed. 11 other officers were injured including nine officers. This was the deadliest single incident for lawaw enforcement n the United States since 9 11. That day in july 2016 is certainly something etched in our memory just as we are reminded it didnt emerge with the protest that as our citizens have organized home full demonstrations across the country following the tragic events in minneapolis anarchists continue to exploit this First Amendment activity as a shield for their violent behavior. Somehow, the notion of committing violence in the name of an antigovernment dogma, the via any of the espoused ideologies have been gaining traction at an alarming rate. Unlike the protesters who demonstrations they undermined, these antigovernment extremists seem to care down the wall in america, not improve it in fact resorting to violence they are drowning out the voices of the protesters that this country wants to hear. We have recently seen violence making headlines across the nation. In seattle during the occupation of the area and individuals of what allegedly set fire painfully protesters marched in to help extinguish the blaze. In portland in a market outsides outside of the courthouse allegedly attacked a deputy u. S. Marshal with a large hammer in oakland a violent extremist allegedly used a peaceful protest of a coverup to murder an officer stationed at the federal courthouse firing directly at the officer and his partner beforel taking off. In response to this type of violence the attorney general directed for the district of new jersey and me to lead a task force to combat violent antigovernment extremism working in close collaboration with the fbi the task force and to all persuasions we will follow where the evidence leads us investigating any person or group who planss to commit violence in the name of ideology our goal is to focus on cases where we seek ways to prevent these acts before they harm americans. Of course but they be clear with this point adhering to the repugnant ideology is not a crime nor is expressing those beliefs the right to freedom of speech is enshrined in our First Amendment of committing violence or inciting violence to further that dogma is a criminal act and one we should all take very seriously. Extremist i violence endangers e community and endangers our Law Enforcement. But as importantly it also interferes with Citizens Rights to speak freely and assemble peacefully. I look forward to taking your questions. S. Thank you. Chairman cruz, Ranking Member and members of the committee, thank you for the opportunity to testify today on the departments role protecting against the continued assault by criminals in the violent extremists in the city of portland and more specifically the federal Law Enforcement officers there. For more than two months now federal property and federal Law Enforcement officers in portland have been under assault. In july it occurred every single night until the end of the month. Violent extremists in portland have referred to the aftermath of George Floyds tragic death. As we begin its important to be Crystal Clear about this. Riots are not protesters and protesters are not a riot. To confuse than does a disservice to the critical place where peaceful protests in our country. Let met be clear the department fully supports the rights of Peaceful Protesters. We will never abandon our mission to safeguard those precious and hardfought freedoms. But the dhs didnt have to expand its presence in portland because of Peaceful Protesters, and thats why im sitting before youin today. For more than 60 days the situation has default into nothing more than targeting federal Law Enforcement and the institutions they diligently defend under the mandate given to them by congress. Theyve assaulted federal property, federal officers, local Law Enforcement personnel and facilities with hammers, lasers, baseball bats, fireworks, cocktails, chemicals and other weapons. As you know congress and 1415 directs the secretary to use the Law Enforcement personnel to protect federal property and persons own that property. The federal protective service protects over 9,000 facilities every day pursuant to that law and its a role theyve performed at the courthouse since it opened in 1997 and around the country since the beginning. Its further pursuant to article one, section eight. Contrary to some may think you may be pleased to know we do not have the option nor do we ever r intend to abandon the mission of congress assigned to us. Some people who are more interested in telling a story than the truth have made up a number oit thenumber of lines ro federal officers in portland. Here are some facts for the record and for anyone who still cares about the truth. Old dhs Law Enforcement personnel in portland are trained in the conduct of appropriate tactics and procedures to conduct missions while protecting Civil Liberties and promoting Public Safety and the safety of our officers. Dhs Law Enforcement officers that interact with the crowds are all identifiable by their Law Enforcement agencies and individually. The use of unmarked vehicles by Law Enforcement is common to avoid potential attacks by criminals on a nightly basis. Violent extremists acrossth the country have intentionally attacked marked Police Vehicles and attempted to set them on fire including with officers in them. Let me confirm to the committee dhs will not back away from our responsibilities to protect federal property. The people using those we remain disappointed that select federal and local leaders to demonize all enforcement while cow killing those that set fire to the city is, destroying local businesses and targets lawenforcement officers for harm oror even death. I remind this committee that it was the dh s. Lawenforcement officer for skilled in the violence following George Floyds tragic death. Patrick underwood was gunned down while protecting a Federal Building in the peaceful protest in oakland california. He was africanamerican. His life partner also suffered three bullet woundsam but survived. As a i sit here, i am unaware oa single one of there politician o demonize Law Enforcement around the country expressing regret for therc death. The difference speaks volumes. Dhs knows the difference between peaceful protesting and violence and terrorism. This country cannot survive allowing the mob rule to replace the rule of law does hurling cocktails are not just attacking a federal courthouse but the very foundation that makes the enjoyment of the natural rights possible and with that i am happy to take questions. Thank you to both of you for your testimony and what they say to both of you thank you for your service and working to keep americans safe. Let me start with you. How many active cases does the department of justice or the fbi have on the cases were investigations into violence, riots or terrorism that has derived from these . I can speak directly toe the fbi. Since may 28 over 300 investigations. That doesnt include any potential civil rights investigations or crimes associated at 300 that have been opened since may 28. Speaker pelosi and another senior House Democrat have referred to federal Law Enforcement officers as storm troopers. Are there any working for dhs right now . Know mr. Chairman, there are not and it is negative and hyperbolic label by those individuals on people who are doing their duty as professionally as they can not just in portland around the country protecting including those of us in this building. Its very sady, to see former attorney general i know there are aa number of them on this committee. Weve all worked with Law Enforcement and to see that kind of characterization of people who every day get up, go to work and we ask them to put a gun on and stand between us and evil every day and they do it and that includes in portland. What does it do to the officer morale when democrats are calling themm nazis . There is something out of bounds about this. I dont know why these folks get away with it, but when they are facing an unusual threat and in a 49 years since 1971, they felt with approximately 900 protests here and yet in all of those years and all of those cities theyve never dealt with a situation like portland. I will say they keep one anothers morale up but many of them are just aghast at the notion that people are using every form of weapon, they are getting thrown at the officers, the simplest thing in the world and pipes, fireworks, chemicals, cocktails and get you continually hear people who know that what they are saying isnt true even in the introductory video these are unidentified and conveniently enough the narrator identify the location where you can see who they worked for, which agencies and the department of Homeland Security and thats true for all of those that have been interacting in these crowds so they understand that its politics, but a lot of them think that its just gone too far particularly given how they got out every day and do their duty. All three Democratic Senators have spoken at the hearing so far used the phrase secret police. Those dhs and secret police out into the world and is that what is happening in portland . They havwe have no troops ort police and i would note since the arrangement was made to lawlly bring in state enforcement the local Police Declared a riot. Looking at thede poster behid you and i see in bright yellow Border Police and we are pretty far away, we are pretty spread out how exactly is someone going to be secret police, what am i missing . For those that have questioned why we use this it is because it is the internationally recognized identification of all enforcement. They are also focusing on unmarked cars. To the best of my knowledge, every Law Enforcement agency of any size or scope uses unmarked vehicles. Is there any reason Law Enforcement might want to use unmarked vehicles . Weve seen them targeted with officers in them. And lit on fire quite intentionally. Senator merkley also said President Trump withdrew to federal lawre enforcement offics and afterwards the protests have been peaceful. As i understand both of those statements were false. Is it true the president has pthdrawn federal officers and number two is it true that the protests have been peaceful since then . As i noted even last night the Police Declared a riot so last monday discussions finally began after multiple requests on our part of Governor Brown to have the state police come in ancommandand engaging to do theo things we have been asking them to do for two months and that is engage in cooperative policing and to clear the parks across the street that have performed as a staging ground for those e conducting violent assault. And then you want to manage to mention extremist of all separate on persuasions. It would definitely include the boys and the task force is aimed squarely at Anti Government violence so yes it can be racially motivated with White Supremacy or it could not. In my opening there have been zero killings by anti fascists in the past 26 years but in contrast during that time 29 victims were killed by white supremacist and other right wing supremacist how much resources and time is spent investigating white supremacist and other bright weighing organizations . As i said any group regardless of name orci ideology they are violent and antigovernment we will be looking at them as it is just a way supremacist engaging in gang or drug activityy like we prosecute in the Northern District that would not fall under the purview of our task force. What would not fall . White supremacy groups that are not engaging and antigovernment violence. They may not be engaging in antigovernment violence but other violence such as running over people does that not concern you quick. I have no objection of your characterization of them engaging in violence the only point that i am making is that we are limiting the purview of the task force to violent antigovernment groups whether they are motivated by race or anti lawenforcement or anti authorities to make that is a concern how do you consider antigovernment extremist to be protesters so during the vietnam war thousands and thousands of not millions of protesterst were deemed antigovernment protesters so that is a dangerous way. Describe what your organization did in portland with those enforcement procedures. I take it you would not be concerned if the ig looks at what happened to Christopher Davis be in by a baton and having pepper sprayed nor would you be terribly concerned of the fellow who was shot in the head and had to have surgery i think the ig words look into those kinds of force by people at dhs this is standard Law Enforcement practice . We are concerned with anyone at these events. Those to you identified are being addressededth by the doj Inspector General those do not involve dhs officers. So you would have consider those doj officers against Peaceful Protesters . Thats good to know. Last week the aclu to questions from multiple journalist who swore under oath federal agents in portland specifically attacked them even though they were unmistakably marked press one journalist was shot in the chest and they were aiming a tear gas canister at his head while they were filming them using force against other protesters in one said conflict zones including isys as he did by federal agents in portland he had never beenwi treated such did you ever tell them not to use force against journalist . Not only that in portland specifically, that was is a subject approved for discussion authors can address that subject but it was addressed as well. So as a result of your investigation of the targeting of journalistsus. That is not our intention but we do investigate every single use of force so i can tell you every single one of them will be reviewed. With you tell the committee what the results arere . Once we have them, yes. When will you complete the review . There are many going on related to portland so im not prepared to give a timeline because we are working on all of them at the same time. The ig is investigating what happened with the use of force and that investigation will uncover those instances thank you mr. Chairman. It is commonplace there is a use of force and reviewed afterwords. And there are no such constraints on riots or terrorist or murderers. And it is my understanding that some of the rioters that i just want to be clear if they have the identification of press and engage in violent conduct they are not magically immune from the criminal laws if they engage in a violent assault. That is correct. There is local Law Enforcement that led to a federal court order that was later extended without a similar type of incident to all Law Enforcement and we respected that order but upon the implementation of that order suddenly people started sprouting to where the all black block. You mean the uniform of the writers . And that is the purpose and to make it o for quick changes. So more of them are doing that and then readily available between police and rioters not saying majority of them do this the number of these violent participants tried to take advantage of it. I would like to introduce a wreck on elected from the record from the attorney general that submitted a statement and to explain in portland the federal agency use of force is even more chilling when taken in the context of the apparent federal mission with federal authorities beginning with the president himselfe, t and the language for the authorization the action of federal officers they took that to heart and then to single out those violent anarchists. The letter would be entered into the record. Those that accuse the United States to be totalitarian state remember many hearings like this in germany to call the gestapo who you beating up . For the open press about what is going on talking about the press. You have a gun and a badge and you have a lot of power and to be judged and monitored. Yes sir and then if you like it or have your back so how many people have been prosecuted with the violence against the dod officers . And the exact number of cases we have 97 arrests. I will be watching really hard whether or not the people who attacked officers are prosecuted in i would join my colleagues to make sure the ig looks really hard at any excessive use of force. Most americans are probably were meant if going overboard to know about it and most americans want to make sure that those that throws anything at a Police Officer including a frozen bottle of water that they have their day in court so we will hold you accountablee prosecuting those who hurt our cops. Now if we have done nothing what would have happened in portland to the courthouse . It would not be here. I challenge anyone on the other side is a different. If we didnt intervene they would have burned that god damn thing down. Seattle were either one of you in seattle when they took over part of the town . Did we send anybody to help . We wereer not requested there was nothing federal. And mr. Floyd is allamerican. And then to occupy part of the city. So weve got a lot going on in this country. Chicago. I dont know whats happening in chicago that this is not about mr. Floyd. Kids are getting killed just outside the house. Somebody needs to do something about it. Ir h so my point is to look at all of it. Whats going on in chicago and should the federal government help . So many kids have to die every weekend before enough is enough . As to the state police in ate e portland, im glad you are there. I hope it works out. But if you can take care of it, we will. That is not totalitarian. That applies the law that exist in the United States today. The people out there that would kill you because of your race do you agree with that quick. White supremacist groups are alive and well. You believe they are on the rise . We will not live in america like this. So if you are engaging in violence i hope you go to jail i dont want any american black or white or anything in between to be afraid to live in their own, country. And that we would appreciate them i dont consider them gestapo but let them know if they get out of line they will be dealt with. Thank you mr. Chairman. Violence or vandalism neither is acceptable with constitutional rights. Peaceful demonstrators and Law Enforcement officers are entitled to do so without threat or harm. I express my condolences to the officer who loses his life or seriously injured in the duty or any peaceful demonstrator that is traumatized or killed as well and exercise of constitutional rights. Patrick underwoods passing the chairman starteded this dmeeting talking about the leftist Patrick Underwood was not killed by a leftist. He was killed by a member of an organization a right wing Extremist Organization and extremists that are engaged in many places. Tomorrow is the anniversary mr. Chairman the one Year Anniversary of the mass shooting at the walmart in el paso texas. Twentyone yearold white supremacist and i will not repeat his name, anti immigrant viewssu killed 23 and injured 23 others. That is the worst extremism from hispanic americans and to joinh. That white supremacist extremism poses a persistent threat off legal violence white supremacist are responsible for more homicides than any other domestic Extremist Group right or left fbi director and those of white supremacist and yet the Trump Administration makes the inexplicable irresponsible decision to stop tracking white supremacist as a separate category. Sending three letters to the attorney general asking what they are doing at a time we should combat the white supremacist to target religious communities of color. Todays hearing only wreinforces my concern that they are not taking adequate measures to combat white supremacist and to minimize the growing domestic terrorism threat instead of focusing the real and significant threat of terrorism motivated for right wing extremism the Trump Administration has tried to vilify protesters to conflate social Justice Movements with antigovernment extremism. You say it twice within a matter for sentences in your statement and say its not on membership and criminal violence. T that has the most significant domestic threat . I definitely agree those investigations of white supremacist groups before the civil unrest those investigations were White Supremacy involved. I know anything about that. Those targeting religious minorities andnd september 2019 while President Trump was a president to say whites the eidpresident presents one type f racially motivated extremism is one of the most potent forces do you agree this is one of the most potent forces for domesticstle terrorism . Thats why the department of Homeland Security in that area is not correct to say we have ignored it. Use site one element of attractive analysis with local partners that dhs has the primary responsibility for to communicate information to state and local authorities. Good. That is what we expect the ordinary and customary relationship that is not what happened in portland. Can you confirm any dhs personnel is under the operational control of the department of justice with doj officials . My understanding of operation and legend those that are sent to have Violent Crimes and then if we are working with dhs they will be our partner in the effort still because of the statements made about wide ranging Immigration Enforcement are you aware of any plans to use those officials assigned to operation and legend for enforcement . I am not i am sure that entire operation has been reduced violent crime. And started in kansas city. Mr. Chairman. Would you like me to address those immigration officials . Hsi agents and investigators who have Extraordinary International experience including in chicago with a have participated to make a number of arrest and thats true in other cities as well thats not to perform immigration functions because as you know gains like ms 13 span our National Borders that is their role and we are very pleased to work alongside our dod partners to make are city safe. Thank you senator durbin referencing el paso and that horrific murder there. Whether they cite the white supremacist but they could cite the clan what i would say unequivocally is what senator graham said they are evil bigoted violent monsters and should be thrown in jail i unequivocally condemn anyone engages in violence on the right or left and sadly what is missing is too many in the Democratic Party refused to condemn antifa or senator geraldo said no one has been killed from that side of the aisle i was also in dallas in 2016 and Police Officers were murdered by a radical black celives matter protest and you see them used to the degree we have never seen before. Hold my hand in front of that laser it is hot at that point in time. This is a pointer bought off of amazon we see some of the oldfashioned the rock along with the new items like this that we have never seen used in such an organized fashion against our own officers andt we have had more eye injuries and i can ever remember in any other. Time. And as i understand it is not a little pointer its a serious weapon they are using to cause permanent blindness in Law Enforcement officers. U the closer you get the tougher it is. I want to draw your attention to a whole and the shield so it quickly developed among violent participants was to cut the holes in the shield and instead of standing back to aim at the eyes of officers , they will also now bring the shield up close and bring it right up into you. So the intensity of the strike to the officers is much more significant for those of you that are engineers like me. The opposite is true and the tools they arere using a regular i am you buy on amazon that we havent seen this kind of scale ever before. Fortynine years they have never seen anything like portland. Thank you mr. Chairman. What happens when you take a laser employment into the eyes being . Manan the body has a zero. 2 second reaction. One of the challenges. There are several but if youre not looking at the person assaulting you you cannot figure out who is performing it. So you think of it practically to shield your eyes. We have had a number of officers who have days long blindness. So far they have come back but you also get flash blindness think of it as the old kodak cameras that blues by you cannot see your entire field of vision for a period ofno tim. In addition to any longterm damage. The way that multiple people Work Together that is a clearly planned exercise. And they can be bought anywhere by anyone. They can shine all night long if they want to. And it can still do harm. Thats what i find so intriguing is how in 2020 it seems doubly crazy that we use terms like this. And enforcing or so we are told that we should do based on whether or not so tell me about this pitcher right here. Is a right here is the most common laser we have seen and the things you learned. The human eye sees the green part of the spectrum more brightly than red. Ten times brighter. So there is peaceful protesting until ten or 11 00 oclock and then they 1 go away but the good that comes back is bigger and they come back b for violence. Nothing good happens after midnight your mother was right especially portland you see accelerants and gasoline poured into the courthouse while commercial grade mortar style fireworks were shot into the doors in the attempt to light it also while the side door exitswh were blocked and barricaded closed. And in the last picture they are holding a fire hose. Because the rioters not the Peaceful Protesters would continuously set fires and then also throw what amounted to handmade hand grenades there are two of those explosives coming in. Fortunately theyy both explode early and that is so close impacted the officers be you can see the potential for harm obviously from any of these devices. This was pulled off of one of the arrested protesters. Its widely available to be used and then to arrive spontaneously. People have given this some thought. With those negative tactics going back to wait for george floyd was killed in the fight that ensued in the streets of minneapolis the after action report for criminals and they see that going on other parts of the country and if you are not evil the quality of the material to say this is a high quality analysis. Thats what we are facing and evolving all the time. Does the federalth government have General Police powers . Absolutely not. How does this differ i have been critical from federal Law Enforcement agencies to engage in local police function tell me why i shouldnt have that concern here. Alw all the age officers are operating under the federal protective service authority. And that protection and two doors down another Federal Building and in between the biggest local talent at the justice center. There is three buildings and the courthouse the Federal Building and with those staging areas in the power is exercised by the federal esauthority to protect the federal facilities even going off those properties when the statute from Congress Says we can do it for the purpose to perform a function of someoneem is also Law Enforcement officer we can go arrest that person anywhere in pursuit of that particular authority but that doesnt mean we can police the streets of portland. Thats for portland and the state police to do. Apparently the orchestrated and Violent Attacks on the court houses and federal personnel you have ever sent federal personnel . The officers are always there for through june they continue to add their own anofficers as the violence escalated. Look may and june that shows the number of days of attacks on federal facilities and that was 12 those months total programs july 29, it was 29. Every single day the escalation of the facilities led the commander on the scene of fps supplemental officers because they didnt have enough in the region and given their other duties after they have added their own. Thats why peers circumstances on the ground at the request commander that region is lively with portland and seattle we had some experience with assaults on federal facilities and the mayor of portland publicly claimed Police Protection. I will ask that document be submitted without objection and entered into the record. Mr. Cuccinelli you indicated there is no after action report for criminals who engage in violence. Actually therevi is. And for those who have done harm to Law Enforcement officers and with respect to prsers i am a person who passed a law to protect the public of the danger of laser attacks from the groun ground. Was a strange thing to want to do but there it is. I think you both agree that we do hold laww enforcement personnel to a higher standard than we expect the general public to adhere to. Yes. And very often Law Enforcement personnel are engaging with people as they look back on as one of the worst times of their lives. Theyac are upse upset, emotional, perhaps intoxicated and the conduct of those officers is inappropriate conduct. Is it not . And to be prepared and trained to deal with that is part of what a good Law Enforcement officer t does. So walk me through the protesters and rioters with violence and terrorism and those were trained in the conduct of appropriate tactics and procedures. We both have seen the footage of a tall individual wearing a navy Academy Sweatshirt standing relatively immobile. Not and the aggressive or combative stance. And around him are half a dozen are more officers that are in combat. And one of them engages in a strike and its my recollection a second strike and then a third. And the individual who is struck does not react to get the strikes keep coming. Walk me through why that individual was a writer engaged in violence and terrorism and why that conduct by that officer was appropriate. Im not prepared to characterize it that way. Whats under investigation . That interaction that use of force. That is the subject of the ig investigation. Ig investigation . Yes sir. Not any other investigation . I have to defer to the us marshall. S i cannot tell whol is who they are wearing similar garb and its hard to find out. So forgive me if i dont know the difference but can you claim how misconduct . You can see mr. Davis is conduct in the clip at least was not that of a rioter or a violent terrorist conduct. Senator, a do know that is unders investigation of the ig and the internal investigation with us marshalln service. I have any more facts what happened before or during that. That will be developed in the investigation i want my comments to affect that at all. Yes. A person that is standing very still whose garb is a sweatshirt and with legitimate concern. With members of Law Enforcement can adhere to. I recognize you all are constrained as commenting on the active investigation but with a simpleim hypothetical and engaged in no violent standing there doing nothing and then any officer walked up and hit him for no reason whatsoever of that occurred he would be comfortable to say that is an abuse of powe power. To be clear that is very different from if before the clip in question and the context matters and federal Law Enforcement officers. We train them exactly the opposite. Thats why you have investigations. But the former attorneys emneral observe with Law Enforcement with the respect for Law Enforcement. And to that higher standard that was just referenced. That is all through the same time. And we have to continue to enforce the law while correcting whatever arises without stopping enforcement of the law. La thank you mr. Chairman and i know that our constituents from tennessee every single day how concerned they are. So, mr. Cuccinelli if your teams are out there how do they make the turn to protect Peaceful Protesters so how do they handle this and those that are there for the purpose for violence and injury and harm so they are properly dealt with. That is so critical to their work. I appreciate the question. It also goes to senator white housee a professional Law Enforcement officers encounter people and to deescalate and i would also note for you by one anecdote and riots marshals had to detain an individual who assaulted a lawenforcement officer who immediately had a seizure. And was in immediate medical need the cbp swat team medical team was there and immediately moved in and they cleared the crowd they had to dynamically move the crowd away to help the person who had just been assaulting their colleagues moments before. And to do that in partnership with the marshals. And then went through a series of attempts to attempt this individual with 180 heart rate and respiration was up and then identified the drug to stop the seizure and save their life. Within seconds and then attacking fellow lawenforcement officers. And that investigation would go through and it should but understand what you dont see reported are the protective steps that your professional Law Enforcement officers take every day not just as you protected Peaceful Protesters but to care for the very people that are harming them. That nimbleness and flexibility and strength is a hallmark by a large of 99 percent of officers and while we have to fix those specifics we cannot sacrifice the rule of law to do that and we do do it in tandem with the protection of First Amendment rights its a huge part of why the larger number of officers is needed so that you can maintainac peace not just simply arrest people so the protest can continue. Thats a very important point to make they are protecting people whoe were coming to express their people that speaks to the training and professionalism and that is the disruptors and the destroyers. The Doj Task Force with these Extremist Groups. And with distraction we keep hearing these attacks are very organized and with the pallets and the bricks to carry out there distraction. Every figuring out who is organizing and to put them inng charge who was putting money . Yes. That is part of thet . Task force and we will be looking into that. There is some level of organization. And with Radio Communication on the ground and jamming of Law Enforcement communication. That we are finding evidence what rioters are using in cryptic apps i know senator blackburn has offered legislation and then to go to foa magistrate and thats very important and it will be very important here. I would mention that but we have several people looking into it. Thank you for the hearing i yield back. Thank you Ranking Member into the witnesses. And expressing concerns and with Widespread National protest and expressing concern about the Racial Injustice that was exacerbated so let me be clear about something that is repeatedly covered but it is worth again to say to support violence by either protest or Law Enforcement and Ranking Members comments were heard loud and clear and senator durbin expressed clearly we need to hold accountable those who have caused any Law Enforcement and a lot of concerns expressed pointedly at the outset of this hearing about the conduct of Law Enforcement in portland and with state and local elected officials. And with the internal dhs memo and they are not specifically trained for responding to mass demonstrations that require specific training and that called for additionall training for deployment have all the played federal agents to receive appropriate training responding to demonstrations. Yes there are differences and cbp that they have all had. So for clarity the acronyms. Of course you know the Homeland Security investigations out of the house each has their own swat team. And then to have similar training to the bureau of prisons. And the mass demonstrations isen different. That the training that they get is how to contend with a dynamic basis crowd dynamics in a violent environment for a short duration but that dealing with the crowd is what they are used to doing. So tell me roughly how many hours of crowdwd control training these forces received before being deployed into portland . Im happy to get you that. Spent the pentagon raise concerns camouflage to say we want where people can tell the difference between Law Enforcement and armed forces. That wasnt chosen because it was a crowd that was cbp officers whose normal duty stations are along the border. So we have moved as quickly as we could to procure for them what you feel is a solid green like the solid blue. So to give some visual indication this is lawenforcement and not militia . That has already done they had police front and back the universal declaration of Law Enforcement and specific agencies are identified on their soldierss one dash shoulders but note their name. Has every officer identified. That can be identified and but wasge highlighted that the reports of agencies to respond and to focus there was one filmmaker was shot in the face of pepper balls another one with paint bullets and mace at pointblank range some protesters said they were retreating are giving a warning should federal officers aim impact munitions at the head or pepper spray or rubber bullets . When its clear when they are attempting to comply with their orders . You listed a wide array. If they are attempting to comply with Police Orders should they be at the subject deteof teargas . When the entire group is contended with is in compliance then i would agree withn you. One of the challenges that we face is that one or two people with differences of close proximity to one another but like mace or pepper spray is a very short range tool and is for those sorts of circumstances. Can you say the rules of engagement and you both mentioned there is an ongoing Inspector General into those tactics used in portland will use it for an interview to produce documents what they requested of you . And we look forward to cooperate with an investigation we want it cleared up as quickly as you do. Senator blumenthal. And with the office of intelligence and it is reported the office of intelligence and analysis had reports about two american journalists with operations in portland and also reports that they collected information from those protesters and that these activities are illegal . And the publication of raw material was quickly addressed by the act being secretary. We removed brian murphy from his position. I just want to make clear you would agree. Its a second part of your question im not so readily agreeable to. And to see what people themselves declare so the second part of your question. So let me ask you about a report. That earlier this year he signed up with procedures that limited the role of civil rights and Civil Liberties which can review the oia before it occurred and then to eliminate that procedure so its no longer required. Is thatth correct . And with that interaction and it is not with respect to two types of products. Brought intelligence which is what you are referring to and finished intelligence products think of it like a formal report. They do review and what my memo did and where there is a difference of opinion and with a particularar final product is published to the Intelligence Community prior to my memo that would have been appealed to me the deputy secretary. Or g the procedure . Mr. Cuccinelli the purpose was to contain it all within the ina under secretariat. The belief at that time was it is an ordinarily Senate Confirmed position. He was there for three years. He only recently left. He would have to weigh those considerations in making that decision. Senator blumenthal the House Intelligence Committee has evidently begun an investigation into a number of these issues, specifically the collection and surveillance issues that we discussed. Will you commit to cooperating with the investigation . Mr. Cuccinelli yes, senator. Senator blumenthal thank you. I want to ask about uscis funding. Thank you for answering these questions. I understand furloughs have been announced. For this fiscal year, uscis has a surplus. Is there a reason why these furloughs have to go ahead at the end of august . I want to state how strongly and passionately i feel about the great work that than men and women of the uscis do. I hope you agree in enabling people to become citizens lawfully. I go to these ceremonies all the time. I urge my colleagues to do so as well. If you are ever feeling down or depressed about america, go to a nationalization ceremony. If there is a surplus, can you commit that these employees will be kept on the job . Mr. Cuccinelli senator, we dont have what i would call a surplus. There is money in the bank, but it is running out. Is 90 v funded, it has to have, as a matter of business planning, about three months worth of operating capital at the start of the fiscal year to be carried over to be able to essentially survive and pay everyone until the end of the First Quarter of the fiscal year. We are not on a path to be able to do that, which is white uscis has w hy uscis has asked you all for Borrowing Authority to cover that gap because of the covid drop in fees. Senator blumenthal thank you for answering my questions. My time has expired. I would like to get some of the answers promised me in writing. I will be sending a letter later in the week. Thank you. Mr. Cuccinelli i couldnt urge your colleagues more about the naturalization ceremonies. They never cease to stir your patriotic soul. It is an amazing experience to go through, especially for those of us blessed to be americans our whole lives, it is a reminder for what we shouldnt take for granted. The fact that we are even talking here today about a subject like this. Thank you. Senator cruz thank you, senator blumenthal. Let me thank both of our witnesses for your testimony. This has been helpful and productive. With that, we will call fourth for call forth the second panel of the hearing. [indistinct chatter] woke him