Talks about the geopolitical rivalry between countries in the Indo Pacific Region of the world. Enjoy book tv on cspan2. A Senate Subcommittee convened a hearing to examine protecting free speech and preventing violent demonstrations. Several numbers talked about the rise in demonstrations by ansi for for and white supremacist groups. This is three hours. Cruz this subcommittee hearing is called to order. Welcome to the witnesses who are here. The First Amendments first for a reason. It guarantees not only the freedom of speech, but the right of the people peaceably to assemble. Peaceably matters a great deal in that protection. Without our First Amendment rights, rights that protect the countless ways in which people can peaceably express their social and political views, democracy wouldnt work. The right of the people peaceably to assemble and to demand changes to petition their government for grievances is in the very best tradition of america. No history of the United States, no recounting of the unending struggle to live up to our founding promises would be complete without recognition of the peaceful movements that have pushed this nation forward. Abolitionists to the suffragettes, to the countless brave and heroic souls who marched in support of the civil rights movement, peaceable assemblies have moved mountains in this country and they still can. When america saw the horrifying video of a Police Officer killing george floyd, a brutal killing that evoked for many the nations long history of Racial Discrimination and injustice, americans rightly and peaceably assembled to demand justice, justice for every american, regardless of skin color. But what began as legitimate protests against a vile act of abuse, sadly, were soon hijacked by opportunists and violent radicals. By early june, rioters had injured more than 700 Law Enforcement officers across the country and had murdered david dorn, a retired officer who served st. Louis with honor for many years. They also damaged or destroyed countless buildings and businesses. In minneapolis alone, rioters burned Affordable Housing and damaged over 400 businesses. Many of them owned by africanamericans. At a cost of well over 500 million in damages. In philadelphia, police cars were set ablaze. In seattle, rioters who damaged hundreds of buildings, were granted and allowed to set up a socalled autonomous zone by local officials who all too predictably resulted in more crime, including four shootings that cost two young people their lives. The fact is the people who took the streets, because their hearts cried out for justice, have become overshadowed by rioters and looters and those who cynically exploit the protests for their own evil ends. Those rioters arent concerned about Racial Justice. Indeed, they are willing to make the mockery of the peaceful protests to advance their violent objectives. Their actions are profoundly racist, the rioters, as they destroy minority communities, minority businesses, and minority lives across this country. This shouldnt be complicated. Peaceful protests must be protected. Riots must be stopped. No one has the right to assault another person, to firebomb a building, to throw a molotov cocktail into a police car. Thats not exercising a constitutional right. That is terrorizing your fellow citizens. More and more were seeing signs that a significant portion of this violence, of this rioting is not random, its not spontaneous. Rather, it is coordinated and inspired by leftist, anarchist groups, groups like antifa, that will, without shame, exploit a National Tragedy to attack american buildings, american homes, and american lives. This is happening in my home state in austin and in dallas, and its happening across the country. Whether in minneapolis, nevada city, pittsburgh, or toledo, to name a few. But tragically, nowhere more so than in portland, oregon. In portland, antifa and other radicals have thrown metal pipes at dhs officers and use commercial grade lasers to try to blind them, perhaps permanently. They launched mortgagerstyle withrtarstyle attacks commercial grade fireworks. They firebombed a federal courthouse. This is not peaceful protest. This violence speaks for itself. But for good measure and in graffiti on the county courthouse, they wrote, quote, until the police and i. C. E. Are abolished, we will burn this city down piece by piece. They are telling us what their demands are, to shut down and abolish the police. This violence should be universally condemned. All 100 senators ought to come together and say, dont murder your fellow citizens, dont attack Police Officers. Protect each others rights. Instead, of seeing leaders united, we are seeing too many local officials, mayors, and governors who made a cynical decision that its in their partisan interest to turned a blind eye to this violence. To turn a blind eye to the Law Enforcement officers being 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 to describe federal Law Enforcement officers doing their jobs. Its for that reason i introduced legislation called the reclaim act. The reclaim act provides that if you, as an american, if you are injured, if your property is damaged, if your home is burned to the ground, if your business is looted and destroyed during a riot, as a result of a decision of political leaders to deny you Police Protection, that you have a federal cause of action to sue the municipality or the city that has denied you Police Protection. And has willfully looked the other way whiefle your life was endangered, while your home or business was burned to the ground. Denying fair protection of Law Enforcement is a civil rights violation for any american who is denied. Just days after george floyd was killed, representative john lewis, whose passing the nation just mourned, he said, quote, rioting, looting, and burning is not the way. Organize, demonstrate, sitin, stand up, vote. Representative lewis is exactly right. We all have a right to free speech, and we should protect that right vigorously, but we should also be united in condemning Political Violence and condemning domestic terrorism and understand just what is happening on the ground, what the heroic men and women of Law Enforcement are facing right now. Its helpful to see directly whats occurring, and theres a video that should display this now. Please, show me where it says protests are supposed to be polite and peaceful . We will be able to see the to transform the jangling discourse of this nation into a beautiful symphony of brotherhood. To stand up for freedom together. So let freedom ring. A Passionate Movement for justice is finding itself swept under the feet of rampaging and destructive mobs. We will see what they do. Fire. Spreadmyth that is being only in washington, d. C. 77yearold david dorn was shot to death at the pawnshop he was protected was being looted. Dave underwood was killed. Authorities say it was a targeted attack on Law Enforcement. This is ridiculous. These people are tearing up our livelihoods sen. Cruz senator hirono. Hirono thank you, mr. Chairman. Nobody is condoning violence against anyone, by anyone. This hearing is titled, kwoit, the right of the people peaceably to assemble, protect ing speech by stopping anarchist violence, end quote. But the hearing we should be having is one called the right of the people peaceably to assemble without being beaten up by unidentifiable federal agents. 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 has led to protests across the country and indeed around the world. In response, the federal government has used violence and Excessive Force to break up these protests. We saw this in two wellknown examples in Lafayette Square in d. C. And in portland, oregon. June 1, people were peaceably protesting around Lafayette Square, by the white house, calling for an end to Racial Injustice and police brutality. Suddenly, federal agents, under the direction of attorney general barr, used chemical gas, batons, rubber bullets, riot shields, and flashbang grenades to forcibly disperse the protesters and clear the area. This was done so President Trump could get a photo op in front of st. Johns church. There was no anarchist violence in Lafayette Square. Fact, the only ones using force were federal Law Enforcement agents. Portland is another clear example where federal agents used excessive and indiscriminate force to break up people gathered to peaceably protest. On july 4, unidentified federal agents arrived in portland, outfitted as if for war, wearing camouflage and heavy gear. To justify this unnecessary deployment of federal officers, President Trump and his administration have repeatedly portrayed portland protesters as violent anarchists and members of antifa. But in the past four weeks, what we have actually seen are federal agents beating up on nonviolent protesters, tear gassing them, and shooting them with rubber bullets and other socalled less lethal munitions. We saw federal agents shoot a 26yearold nonviolent protester in the face. With one of these less lethal munitions. And as you can see in the photo here, Donovan Labella suffered skull fractures. He was in icu. He required surgery. We saw federal officers beat a 53yearold navy veteran who approached them to ask why they were not honoring their oath to the constitution. And when Christopher Davis refused to react when federal agents beat him and broke his bones, they pepper sprayed him in the face. We saw federal officers tear gas moms, dads, and veterans who stood as a wall to protect peaceful young protesters. We also saw unidentified federal forces grab Peaceful Protesters off the street and force them into unmarked advance. Vans. One protester described having his hat pulled over his face so he could not see. I am not alone in my deep concern over the federal agent use of force and violence against protesters in portland. The attorney general of oregon has sued the federal government to stop federal agents from using the kind of, quote, secret Police Tactics, where they take people off the street and force them into unmarked advance. State and local officials in oregon have demanded that federal forces leave portland because they have brought violence, not peace. And the inspectors general of the department of Homeland Security and department of justice have decided that the federal officers use of force against protesters in portland were concerning enough to open an investigation. The justice departments Inspector General has also concluded that the federal officers use of force against Peaceful Protesters near Lafayette Square was concerning enough to include in this investigation. Despite these facts, we are having a hearing on protecting Peaceful Protesters from anarchist violence, but what weve seen in portland are Peaceful Protesters in need of protection from federal officers. Lets be clear, once again. No one is condoning any violence by Law Enforcement or by the protesters. But by focusing only on anarchist violence, this subcommittee is furthering President Trumps efforts to distract us from the underlying issues that millions, millions of protesters have been calling on us to address the systemic Racial Injustice in our country. President trump is deliberately trying to undermine the massive protests for Racial Justice by dismissing them as anarchists and antifa. To perpetuate this flair tiff, this narrative, President Trump has ignored evidence that White Supremacists have high hijacked peaceful protests to invoke conflict, such as in minneapolis. He ignored studies showing that White Supremacists have killed at least 329 victims in the past 26 years. While antifascists have killed no one in politically motivated attacks. And he has ignored what some have called the Largest Movement in American History, the millions of people who have marched peacefully in the streets, following the murder of george floyd, demanding change. If this subcommittee wants to protect americans right to peacefully assemble, we should be focused on preventing federal officers from beating up protesters, tear gassing them, and shooting them in the face. Thats the hearing we should be having today. Mr. Chairman, at this time, i would like to show a video that highlights the excessive use of force by federal agents in portland. Thank you. [video clip] hundreds of videos reviewed by the times showed us although protesters were antagonistic, officers responded with disproportionate force. Whoa they blocked the streets with tear gas. Are you ok . They struck protesters with batons. And used flashbangs, pepper ls, and other leslie full less lethal munitions to clear the streets. Their actions often appeared to escalate rather than deescalate matters. In some instances, they attacked when there was no threat. On july 11, protester Jonathan Labella was at the federal courthouse when an officer appears to have fired at his head in retaliation for tossing a dispensed tear gas canister. [beep] labellas mother told local media he suffered skull fractures and needed surgery. [yelling] later that night when field medics came for wounded protester, they were aggressively cleared away. On july 18, a navy veteran was batoned and pepper sprayed in another unprovoked attack. His right hand was broken and he needed surgery. Sometimes members of the press were hit. Ow got shot in the back, obviously. This photographer, Matthew Lewis roland, told the times that a volley of 10 projectiles were fired into his back. This way, this way. In the middle of all this, protesters were detained in ways that alarmed civil rights activists and Homeland Security officials. Can your people identify themselves as Law Enforcement . Law enforcement officers were filmed driving unmarked vehicles in the area surrounded the courthouse. How are we supposed to know who you are . How are we supposed to know you are not civilians kidnapping us . Detained atster was this location nearby. What are you doing . Federal officers wouldnt identify themselves. Use your words. The patches on the right and left sides of their uniforms matched those used by members of the Tactical Unit from customs and border protection. They drove the protester away in an unmarked car. Dhs says federal officers have made 43 arrests since july 4. Sen. Cruz thank you, senator hirono. I will note at the end of that video that is narrated that describes Law Enforcement officers as unidentified while the video shows them with the words police in bright yellow all caps across their chest, so that is a curious way to describe a lawenforcement enforcement officer as unidentified. I would also note that the Ranking Member said nobody is condoning the violence and rioting. And yet nowhere in the opening remarks was even one word condemning it. Condemning the assaults. Condemning the 277 injuries that federal Law Enforcement officers have suffered at the hands of those rioters. Not a word was said about the murder of federal Law Enforcement officer Patrick Underwood. Not a word was said about the murder of retired st. Louis Police Officer david dorn, both of whom are africanamerican, and both of whom were murdered. And we are told we dont condone this. We simply wont say a negative word about this terrorism. The senators from oregon have both asked to come before this committee and given whats transpiring in portland, that seems appropriate courtesy to extend them so we will now recognize both senators from oregon, senator wyden and senator merkley, both who have asked to address the subcommittee. Thank you, mr. Chairman. Can you hear me, mr. Chairman . Sen. Cruz yes. Yes, we can. Mr. Chairman, time is short so i will get right to the question of protecting free speech. First, as the senator from oregon, and a portlander, i want to begin by asking this afternoon, who americans believe is the real threat to our Constitutional Rights. Is it the oregonians who gathered in my hometown, in overwhelmingly peaceful protests for Racial Justice since the murder of george floyd . Or is it the heavily armed secret police who snatched portlanders off the streets in unmarked vans and interrogated them without justification or charges . Is it the wall of moms, the courageous women, like my friend, sharon myron, an Emergency Room Physician and a county commissioner who put themselves in harms way to protect their neighbors . Or is it the unidentifiable federal Paramilitary Forces who, without provocation, batoned and tear gassed both moms and their fellow protesters . Is it the peacefully gathered portlanders who raised their hands in the air and sang the words, hands up, please dont shoot, to the tune of a lullaby . Or is it a duplicitous president who called portlanders oregonians professional anarchists, professional agitators, people who hate our country, and called my hometown a beehive of terrorists . These this argument that americans exercising their right to protest our anarchists, terrorists, and agitators, is bad faith nonsense. Violent conflict was down before President Trump got involved. Portlanders are standing up for justice. Ive seen black lives matter activists in portland and other cities trying mightily to prevent acts of vandalism because, as they point out eloquently, it certainly distracts from their calls for justice and equality. Mr. Chairman, the Associated Press did an analysis of 200 portland arrests, and they found that most who were charged for nonviolent acts did not fit the depiction of an anarchist. They did their analysis, mr. Chairman, on the basis of public records, court documents. I would ask unanimous consent that we could put the Associated Press analysis into the record. Sen. Cruz without objection. Why make these baseless conspiratorial accusations and send in secret police . Donald trump sent in the secret police to create images of chaos for political gain. To air in campaign ads and provide a basis for bad faith discussion. Fortunately in the days federal forces backed off, the chaos has largely stopped in portland, but the president is getting the scenes of violence for the ads that he wanted to and he has threatened further escalation in portland and elsewhere. This nonsense about leftist anarchy also papers over the murders and vandalism committed by far right domestic terrorists. Those murders have been on the rise. Far right criminals have been caught committing acts of vandalism at the black lives matter protests. This baseless talk about leftist anarchy also erases the work done by all those who stood up in peaceful protests to declare black lives matter in the wake of the murder of george floyd. Millions and millions of ,mericans, of all backgrounds participated in protests calling for an end to inequality and violence against black americans. All of this talk about leftist anarchy is a deflection in a nationwide call for justice. If i can just say in closing, portlanders did not feel protected by Donald Trumps secret police forces. I agree there is a serious danger to americans Constitutional Rights at this unique moment in history. It is caused to a great extent by the president and his enablers. Calledl protesters anarchists and sending military forces into american cities. Mr. Chairman, i think perhaps senator merkley is ready now as well. Sen. Cruz thank you, senator wyden. Senator merkley. Ley thank you for convening this. We have heard conflicting stories of portland. Scenes taken from early on after george floyd was murdered, protesters in a very angry state and there were some substantial destruction. But weeks later, that had disappeared, down to a small number of latenight folks and thats when this conversation starts to make the transition to what the federal forces have done. Heres what the scene looked like in portland when the federal troops were arriving. Thousands of people, peacefully holding flowers, dancing, chanting, arguing that we need to have a reform in america so there is equal Public Safety for all, equal justice for all. A wall of moms formed to protect Peaceful Protesters from the federal forces behind them. At about 11 00 p. M. , the federal forces stormed out of the Federal Building and attacked the peaceful demonstration. They were armed with military grade teargas, flashbangs, pepper spray, batons, and they use them all. Picture this, three officers attack 53yearold navy veteran, chris david. Two hit him with tons. Another pepper spray him. He just wanted to talk about officers about why they were arresting protesters without probable cause. Picture this, a young man stands facing the troops holding a radio over his head and 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. Picture this. Thousands of portlanders from every corner of this city, every walk of life, are assaulted. A disturbing number of them end up with injuries from federal troops and thousands are dealing with the aftereffects of militarygrade tear gas. After attacking the crowd, trumps forces grabbed protestors and threw them in unmarked vans with no specific charges or probable cause. The forces have no agency marking. If they do, its hidden. No unique identifiers. There is no way to hold anyone accountable for outrageous acts. These features, officers with no identity attacking protestors, sweeping some into unmarked vans , are the features of secret Police Tactics from around the world. I never thought an american president would bring such tactics to the streets of america, but trump has. We should pass no secret police in america act to end it if we want to protect Peaceful Assembly in the United States of america. These tactics were not about arresting anarchists. Chris david, Donovan Labella, thousands of Peaceful Protesters were not anarchists. They are citizens who love their constitution and believe in we the people republic we have the responsibility to call for justice, and call they have. They after day, week after week, these americans inspire me and they should inspire you. Have there been incidents of violence and destruction . Yes. I do not condone vandalism and i condemn anyone threatening harm to anyone else. Trumps forces did not arrest a violent view. They attacked the peaceful many. There is a world of difference in that. I encourage you to listen to firsthand witnesses to the violent tactics of trumps forces. I read a lot of them on the floor. Here is another ellen, a former one. Observes,s volunteer im standing there the whole time and trying to Pay Attention and thinking i havent heard anything. They have not told us we have to clear the street. They have not declared a riot. There was nothing. We were gassed and no one gave any warnings. After the gas came pepper bullets and you could hear it. My first thought was, what happened to my helmet . I thought i had a helmet on. It hurt so badly even through the helmet to get shot in the head. Then came the rubber bullets. They shot and broke my foot. The pain was awful. My toes, they split the bone in in my big toe, and the girl on my left, the tear gas cannister was shot directly into her head. All of us here sworn to defend the constitution should condemn the paramilitary attacks on american citizens. It is not acceptable anywhere in the world. It is unbelievable offense against civil rights here on the streets of our democratic republic. President trump first tried this strategy out in d. C. And deployed unmarked forces while attacking peaceful protestors. Across from the white house. Next come he brought the strategy to portland, and then he bragged about using the same tactics against cities with democratic mayors, baltimore, philadelphia, new york city, detroit, chicago and oakland and simultaneously launched an ad saying he is a strong law and order president. President trump is confused. Using secret Police Tactics against peaceful black lives matter protestors doesnt make him but a violent suppressor. President trump retreated, withdrawing his federal agents from portland. The protests since have been peaceful celebrations focused on the message of the b. L. M. Movement. I went and saw it myself this weekend. I spoke at a rally at a chapter of the naacp. I spoke to folks who have been there day after day and week after week. These men and women want our nation to reckon with the systemic racism that remains at the heart of so many of our institutions and which has shaped like in our country for four generations. Closing with this quote. Thurgood marshall once said, i wish i could say that racism and prejudice were only distant memories. We must dissent from the indifference. We must dissent from the apathy. We must dissent from the fear, hatred and the mistrust. We must dissent because america can do better. Colleagues, america can do better. America must do better. Senator cruz ok. We will now call forward our first panel. Our first panel consists of two government witnesses. The first is from my home state of texas ms. Erin nealy cox and , second is mr. Ken cuccinelli. Ms. Cox is the District Attorney for district of texas and is the cohead of the department of justices task force on violence violent antigovernment extremists. Prior to her appointment, she was a Senior Adviser at mckinsey and company in the Cyber Security and risk practice. Before that, she was an assistant u. S. Attorney in the office she now leads and served as the chief of staff and senior counsel in the office of legal policy in the u. S. Department of justice. Ms. Cox began her legal career with clerkships for a judge from the u. S. Court of appeals for the 5th district and judge h Barefoot Sanders for the Northern District of texas. She earned j. D. At the Southern Methodist University School of law and her bachelors from the university of texas at austin. Our second witness is mr. Ken cuccinelli, who is the senior official performing the duties of the deputy secretary of the department of Homeland Security. In that role, he oversees the functions of safeguarding the American People and our homeland. Before assuming his current position, mr. Cuccinelli served in the Virginia State senate from 20022010 and from 2010 to 2014, he served as the attorney general of virginia. Before serving the public in these positions, mr. Cuccinelli worked in private legal practice. Mr. Cuccinelli earned a j. D. Missiona. From George George Mason University and a bachelor of science from the university of virginia. I would ask each of the witnesses to please stand. And raise your right hands. Do you swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing else. You may be seated, and ms. Cox, we will start with you. Ms. Cox good afternoon, Ranking Member, and committee. Im Erin Nealy Cox and chair of generals advisory committee. Thank you for inviting me to discuss the justice departments effort to counter violent antigovernment extremism. For me, it is a topic that hits close to home. A little over a year ago, a carrying an ar15 rifle opened fire on the Federal Court House in dallas which houses the , federal judiciary and my office and many other offices. It ripped through the morning as we were arriving for work that day. Several prosecutors and others were caught in the midst of the attack and resorted to hiding behind cars and one was pushed into a doorway by an officer just as the bullets whizzed past them both. Our office will be grateful to the officers who engaged the shooter, ending the attack before innocent lives were lost. To this day, we remain raddled by the gunmans antigovernment motives. He chose his location for a reason. A courthouse is one of the essential nodes within the body politic. It is where laws are upheld and justice is metted out to target , and to target a courthouse is to target the core of our lawful society. And dallas is no stranger to assault on the rule of law. Three years prior, a gunman targeting Law Enforcement ambushed police during the black lives matter protest. Five officers were killed. Injured, were including nine officers. This was the deadliest single incident for Law Enforcement in the United States since 9 11. That day in july of 2016 is certainly something etched in our memory. Just as the bullet holes still etched in the Federal Court House from the shooter last year remind us daily that antigovernment fanaticism did not emerge from the 2020 protests. As there are peaceful protests following the tragic events in minneapolis, anarchists exploit this activity as a shield for their violent behavior. Somehow the notion of committing anlence in the name of antigovernment dogma be it , antifa or any of the other ideologies, has been imagining traction. Unlike the lawful protestors through demonstrations they undermine, these antigovernment extremists aim to tear down the rule of law in america, not improve it. In fact, by inciting violence, they are drowning out the voices of the protestors that this country want to hear. We have seen antigovernment violence making headlines all across the nation. Just a few example. In seattle during an anarchist , occupation of the capital hill area, an individual set fire to a police precinct. Thankfully protestors helped to , extinguish the blaze. In portland, an alleged anarchist reportedly attacked a u. S. Marshal and shouting as other deputies had to pull him off. Wall, they had scribbled an acronym for all cops are bastards. In oakland, a violent extremism used a peaceful protest to murder an officer stationed at the federal courthouse, firing directly at the officer and his partner before taking off. In response to this type of violence, attorney general bar r directed a u. S. Attorney for the district of new jersey and me to lead a task force to combat violent, antigovernment extremism. Working in close collaboration, we aim to prosecute. We will follow the evidence and investigating any person or group who plans to commit or commits violence in the name of anarchist ideology. Our goal is to focus on cases where an artists commit federal commite anarchists federal crimes and prevent these acts before they harm americans. Let me be clear with this final point. Adhering to renugnant eyedology is not a crime. Nor is expressing those beliefs. The right to freedom of speech is enshrined in our First Amendment. But committing violence or inciting violence to further that dogma is a criminal act and one we should take seriously. Extremist violence endanger our communities, our Law Enforcement, but as importantly, it interferes with Citizens Rights to speak freely and assemble freely. I look forward to taking your questions. Senator cruz thank you, ms. Cox. Mr. Cuccinelli. Mr. Cuccinelli members of the committee, thank you for the opportunity to testify today in the department of Homeland Securitys role in protecting against the continued assaults in the city of portland and more specifically the Federal Court House and 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 perverted the peaceful protests in the aftermath of George Floyds tragic death. As we begin, its important to be Crystal Clear about this. Rioters are not protestors and protesters are not rioters. The two does a grave disservice to the critical place for peaceful protests in our country. Let me 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 d. H. S. Did not have to expand its presence in portland because of peaceful protestors , and that is why i am sitting before you today. For more than 60 days, the situation in portland has been dashed evolved into nothing more than continuous nightly riots , and lifethreatening violence , targeting Law Enforcement and the institutions they defend under the mandate given to them by congress. These rioters have assaulted federal property, federal officers, local Law Enforcement personnel, and facilities with hammers, lasers, baseball bats, fireworks, molotov cocktails, chemicals, and other weapons. Mr. Chairman, as you well know, congress in 40 u. S. C. 1315 directs the secretary to use dhs Law Enforcement personnel in order to protect federal property and persons on that property. The federal protective service protects over 9,000 facilities every day pursuant to that law. And it is a role that has been performed at the hatfield courthouse since it opened in 1997 and around the country since the beginning of fps in 1971. 40 u. S. C. 115 is pursuant to article 1, section 8, clauses 9, 1, and 18 of the constitution,. Constitution. Contrary to what some may think, you should be pleased to know we do not have the option nor do we ever intend to abandon the mission that congress assigned to us. Some people are more interested in telling the story than in truth have made up a number of lies related to federal officers in portland. Here are some facts for the record and for anyone who still cares about the truth. All d. H. S. Law enforcement personnel in portland are trained in the conduct of appropriate tactics and procedures to conduct our missions while protecting Civil Liberties and promoting Public Safety and the safety of our officers. D. H. S. Law enforcement officers who interact with crowds are all identifiable by their Law Enforcement agency and individually. The use of unmarked vehicles by Law Enforcement is common to avoid potential attacks by criminals on a nightly basis. Violent extremists across the country have intentionally attacked marked Police Vehicles and attempted to set them on fire, including with officers in them. In closing, mr. Chairman, let me affirm to the committee and the American People that d. H. S. Will not back away from our responsibilities to protect federal property, the people using those properties, and our brave Law Enforcement officers. We remain disappointed that select federal, state and local leaders prefer to demonize Law Enforcement while kowtowing to extremists that target Law Enforcement officers for harm or even death. I would remind this committee it was a d. H. S. Law enforcement officer who was first killed in the violence following George Floyds tragic death. Pso Patrick Underwood was gunned down while protecting a Federal Building in a peaceful protest in oakland, california. Mr. Underwood was african america. His partner also suffered three Bullet Wounds and survived. As i sit here, i am unaware of the politicians who have demonized Law Enforcement around the country expressing regret of the death of pso underwood. That speaks volumes. D. H. S. Knows the difference between peaceful protesting and violence and terrorism. This country cannot survive allowing mob rule to replace the rule of law. Those hurling molotov cocktails and explosive in portland are not just attacking a federal courthouse. They are attacking the very foundation that makes the enjoyment of our natural rights possible, the rule of law itself. With that, i am happy to take questions, mr. Chairman. Thank you for both overview, your testimony, and ms. Cox. Art with you, been derivedat has from the violence we have seen . Fbi. Ox i can speak to the since may 28, over 300 domestic terrorist investigations. That does not include any potential civil rights 300ations or crime, but domestic terrorist investigations that have been open since may 28. Senator cruz mr. Cuccinelli, Speaker Pelosi and another senior House Democrat have referred to federal Law Enforcement officers working for the department of Homeland Security as storm troopers and gestapo. Are there any storm troopers or gestapo working for d. H. S. . Mr. Cuccinelli no, mr. Chairman, there are not, and it is extremely negative and hyperbolic, liable, of those individuals on people who are doing their duty as professionally as they can, not just in portland, but around the country, protecting, including those of us in this building. Its very sad to see. Im a former attorney general. I know there are a number of them on this committee. We have all worked with Law Enforcement on an intimate basis, and to see that kind of characterization of people who every day get up they are the only people in america that get up and go to work, and we ask them to put a gun on and stand between us and evil every day , and these folks do it, and they do it professionally, and that includes portland, mr. Chairman. Senator cruz what does it do for officer morale when elected democrats are calling them nazis . Mr. Cuccinelli you know, there is just something out of bounds with that. I dont know these folks get away with it. But when theyre facing an unusual threat in the fps 49 years, since 1971, they have dealt with approximately 900 protests a year on average recently, and yet, in all of those years, in all of those cities, they have 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 this is a water bottle, frozen, and they are getting thrown at our officers, the simplest things in the world, and pipes, fireworks, chemicals, molotov cocktails, and yet, you continually hear people who know what they are saying about these officers is not true. Even in the introductory video, these are unidentified and you can see who they were working for and each Agency Within the department of Homeland Security and thats true with all the officers who have been interacting with all of these crowds, so they are a little bit they understand that it is politics, but a lot of them its gone way, way too far how they too far, particularly how they go out every day and do their duty. Senator cruz all three Democratic Senators who have spoken this far and use the identical phrase secret police. Mr. Cuccinelli, do you deploy secret police . Does d. H. S. Send secret police out into the world, and is that what is happening in portland . Mr. Cuccinelli we have no troops. We have no secret police. And, senator merkley, i like the flower picture, but he said since the arrangement was made, and he did not characterize it this way with Governor Brown, to bring in state Law Enforcement and police the streets of portland, and they declared a riot. Last night, the local Police Declared a riot. Not the federal but the local police. Cuccinelli, imr. Am looking behind you. I see in bright yellow in all caps, the word police. And we are pretty spread out. How exactly is someone with giant all caps with Police Across their chest, how are they secret police . What am i missing . Mr. Cuccinelli nothing secret about it. It is the internationally recognized identification of Law Enforcement. Senator cruz by the way, they are focusing on unmarked cars. Every Law Enforcement agency of any size or scope uses unmarked vehicles. Is there any reason why Law Enforcement might want to use unmarked vehicles in an active riot . Mr. Cuccinelli well, in other active riots we have seen those marked vehicles targeted with officers in them. Senator cruz and firebombed. Literally lit on fire . Mr. Cuccinelli thats exactly right. Senator cruz senator merkley also said that President Trump withdrew the federal Law Enforcement afterwards and that afterwards, the protests have been peaceful. It, both ofderstand those statements are objectively false. Is it true the president has withdrawn federal officers from portland . Number one. And number two, is it true the protests have been peaceful . Mr. Cuccinelli no, the local Police Last Night declared a riot. Last monday, discussions finally began with Governor Brown to have the state police come in and engage and do the two things that we have been asking them to do for two months and that is engage in cooperative policing, which is always our goal, and, frankly, it exists everywhere portland, and to clear the parks across the street that have formed as a staging ground for those conducting violent assaults. Senator cruz last question, mr. Cuccinelli. In the last six months, how many officer injuries have occurred in portland . Mr. Cuccinelli latest count is 277 injuries. 277 injuries. Mr. Cuccinelli 277 injuries to 140 officers. Senator cruz that is not indicative of a peaceful protest, is it . Mr. Cuccinelli that is why i said peaceful protestors arent rioters and rioters arent peaceful protestors. Senator cruz thank you. Senator hirono . Senator hirono you mentioned in your testimony several times to antigovernment extremists and then went on to mention extremists of all persuasions. That would include White Supremacists and other rightwing groups. Would that include the Boogaloo Boys . It would include the Boogaloo Boys. The task force that im helping to read is aimed squarely at antigovernment violence, so yes, it could be racially motivated with White Supremacists or not. Senator hirono i noted in my opening there have been zero killings by some, but in contrast 329 victims were killed by White Supremacists and other white wing extremists. How much of your resources and time is spent looking at looking at White Supremacists and other rightwing organizations . Ms. Cox as i said, any group regardless of their name, if they are violent and antigovernment, we will be looking at them. If it is a white supremacist that is engaging in gang or drug activity, like we looked at in texas, that would not fall under the purview of our task force. What was that . What would not fall within your task force . Ms. Cox White Supremacy groups that are engaging in antigovernment violence. Senator hirono well, that is the thing. Excuse me. They may not be engaging in antigovernment violence but engaging in other violence such as running over people. Does that not concern you . Ms. Cox i have no objection to classification of the white supremacist groups. We prosecuted those in my district. The only point im making, we are limiting the purview of the task force to violent antigovernment groups, whether they are motivated by race or are just antiLaw Enforcement, antigovernment. Senator hirono antigovernment extremists, to be protesters, i would say that during the vietnam war, thousands and thousands if not millions were deemed antigovernment protestors. So i think that is a dangerous way to think about it. Mr. Cuccinelli, you seem not well, you did not seem to, you described what your organization did in portland was following standard Law Enforcement procedures. So i take it you would not be the dhsd when the ig, ig, looks at the appropriateness of what happened to Christopher Davis, who was beaten by a baton and pepper sprayed in his face while he was standing there and nor would you be terribly what happened to donovan la bella who was shot in the head and had to have surgery. I would think that the i. G. Would look into those kinds of force by people at dhs . You would not be concerned . Because this is all standard Law Enforcement practice . Mr. Cuccinelli we are concerned certainly with anyone at any of these events. Both of the two that you identified are being addressed by the d. O. J. Inspector general. Those do not involve d. H. S. Officers. Senator hirono you would have concerned if doj officers were doing those types of things of violence against Peaceful Protesters. You would have concern. Thats good to know. Aclu supported Court Declarations from multiple journalists, for you, mr. Cuccinelli, that federal agents in portland specifically attacked them even though they were unmistakably marked as press. One journalist described a officer shot him at the chest. Another videographer discussed he had covered conflict zones, including in syria and around the world with isis. With the federal agents in portland, have you instructed d. H. S. They must not target or use force against journalists or those engaged in press activity . Mr. Cuccinelli in portland that was ally, subject of further discussion with just those officers there. All our officers that get training that addresses that subject. But in portland, it was addressed in musters, as well. Senator hirono if something happens as a result of your investigation by targeting journalists . Mr. Cuccinelli we havent targeted journalists. That is not our intention or goal, but we investigate every single use of force. Every single one of them will be reviewed. Usator hirono will you tell what those are . Mr. Cuccinelli when we have them, yes. Senator hirono when . Mr. Coach nelly i am not prepared to give a timeline, because we are working on all of them at the same time. Investigating other tactics, i am hopeful that that investigation will cover all the various incidents that you are also investigating. Thank you, mr. Chairman. And, mr. Ruz cuccinelli, it is common use in the police that it will be a use of force, is that right . Mr. Could you nelly yes, mr. Cuccinelli yes, that is built into our procedures. Senator cruz and of course, there are no such constraints against rioters, terrorists or murderers. Also, on the brief exchange with the press, it is my understanding that some of them are identifying themselves as press. And i just want to be clear that if someone has an identification of press, and they engage in violent conduct and physically assault an officer, they are not immune from the criminal laws if they engage in a violent assault. Is that right . Mr. Cuccinelli thats correct. In portland, there was an incident between local Law Enforcement and press that led to a federal court order that was later extended circumstantially without a similar type of incident in our view to all Law Enforcement , meaning all Law Enforcement as well, and we respected that order. But upon the implementation of that order, as you said, mr. Chairman, suddenly people sprouted wearing all black block and press. Senator cruz you mean the uniforms of these rioters . Mr. Cuccinelli makes it hard to distinguish one from the other. Which is the purpose of wearing that and also to make up for quick changes, so they can change their appearance, as well, some more of them are doing that now, in addition with the press across their front or back, and you can readily watch seattle video, for instance, where they will literally stand in the middle of a gap between police and rioters and right in the middle of the line of the rioters, so they are actively performing a shield function. Now, im not saying the majority of them do this. But once the court singled them out, there is no question that a number of the violent participants in these activities started to try to take advantage of it. Cruz senator hirono . Senator hirono before we get to the next may i introduce a law. This is from the Oregon Attorney germ who submitted a statement and she explained that in portland, the federal agents, quote, use of force becomes even more chilling when taken in the context of the apparent federal mission. Based on federal comment starting with the president himself, and it almost seems like the Excessive Force was point of this exercise and the language that federal authorities used dominate the action of federal officers on the grounds and took that and no evidence they were doing to single out the anarchists. I do ask unanimous consent to enter her statement into the record. Senator cruz the letter will be entered into the record. Without objection. Senator graham . Senator graham thank you. To put this into perspective, to those who accuse the United States of being a totalitarian state, i do not buy it, because i do not remember this in germany. Calling the gestapo in and who you are beating up and why. I dont remember open press of what is going on and talking about the press. These things have been covered. I want to live in america that cops are held accountable. Do both of you agree with that . Yes, sir. Senator graham you wear a gun and badge you have a lot of power and your actions need to be judged and monitored, correct . You both agree with that . Yes. Graham senator graham you want to live in a country where they have got your back . Right . Yes, sir. Senator graham how many people have been prosecuted any prosecutions in the making for the 200 something injuries . Mr. Cuccinelli there are. The exact number, i do not know the exact number of cases. Ms. Cox yes, currently, out of the district of oregon, we have 97 arrests. Senator graham im going to be watching really hard whether or not the people who attacked our officers are prosecuted. And i will join my democratic colleagues to make sure that the ig looks really hard at any excessive use of force. I think most americans are probably where i am at. If a cop is going overboard, we want to know about it and take corrective action. But i think most americans wants to make sure that someone who throws a brick or a bottle of water or anything else at a Police Officer that they have their day in court, too. So i want to put you both on notice that we will hold you accountable for prosecuting those who hurt our cops. Now, if we have done nothing, what would have happened to the cuccinelli, in portland . Mr. Cuccinelli wouldnt be there. Senator graham i challenge anybody to say it different. If we had not intervened, they would have burned the damn thing down. Seattle. Were either of you in seattle, when they took over the town . Did we send anybody in there to help . Mr. Cuccinelli we were not requested. And there was no senator graham they worked it out in seattle after they took over part of the town. Being upset with what happened to mr. Floyd is absolutely all american. Trying to turn it into occupy a society and turn it into a socialist enclave is not. We have a lot going on in this country. I do not want to blend them in. Chicago. I dont know whats happening in chicago, but this is not about mr. Floyd. Young kids are getting killed just outside their house. Somebody needs to do something about it. So my point is that this committee, and i appreciate this, senator cruz, is going to look at all of it. Is all of it means what going on in chicago, and should the federal government help. How many kids have to die every weekend before enough is enough . As to the state police in portland, im glad you are there. I hope it works out. But if you cant take care of it, we will. That is not being totalitarian. That is applying the law that exists in the United States today. It is a federal responsibility to protect federal property. Do you agree with that, mr. Cuccinelli . Mr. Cuccinelli yes. Cox, thereham ms. Are people out there who would kill you because of your race, White Supremacists groups are alive. Do you agree with that . Ms. Cox yes. Senator graham they have existed for some time. Director wray said they are on the rise and i want you to bust their ass. We are not going to live in an america like this. If you are a white supremacist , if you are engaging in violence, i hope you get a knock on your door. I dont want any american, black, white, having to be afraid to live in their own country and be afraid to let their kids go outside and play at night, and cannot go downtown in the major city, so to both of you, thank you for your service. Pass on to those under your charge that we appreciate them. At least i dont consider them gestapo, but let them know that if they get out of line, they will be dealt with. That is what the rule is all about. Thank you for having this hearing. Senator cruz thank you, chairman. Senator durbin. Thank you, mr. Chairman. Violence or violence are not acceptable in the exercise of ones Constitutional Rights. Both peaceful demonstrators and Law Enforcement officers can exercise their authority and are entitled to do that without threat or harm. That is what i believe. For the record, i express my condolences for any law officer life or isis seriously injured in the line of duty, and i regret any peaceful demonstrator who has been killed in the lawful exercise of their Constitutional Rights. Patrick underwood, i regret his passing and his death. Thank you. Senator durbin the chairman started this meeting saying we are talking about the leftists. Patrick underwood was not killed by a leftist. He was killed by a member of an organization known as boogaloo, a right wing, extremist organization. A person has been charged with this crime. It aint just leftist. There are supremacists who 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. The 21yearold white supremacist, and i will not repeat his name, with antiimmigrant views killed 23 , people and injured 23 others. It is the worst racial extremism in American History against hispanicamericans. And classify the f. B. I. And d. H. S. Joined a bulletin and quote, white supremacist poses a threat of lethal violence. White supremacists were responsible for more homicides from 2016 than any other domestic extremist group, right or left, White Supremacists. F. B. I. Director wray told me the majority of domestic terrorism involves White Supremacists. And yet, the Trump Administration has made the , and i believe irresponsible, decision to stop tracking White Supremacists incidents as a separate category of domestic terrorism. Since may, 2019, i have sent three letters to the attorney germ and f. B. I. Director asking what they are doing with this at a time when we should be combatting the growth of white supremacist violence that targets minorities and communities of color. Todays hearing only goes to my concern, that the f. B. I. And d. O. J. Are not taking adequate measures to combat white supremacist violence and minimizing the growing domestic terrorism threat. Instead of focusing on the real threat motivated by White Supremacists, terrorists who have killed americans, the Trump Administration has tried to villify protestors and conflate protesting. Ms. Cox, you are very explicit. In fact, you say it four times in your statement. You say proactive focus on violent extremists is not on membership or particular groups or ideologies or belief but on criminal activity and violence. You say that twice. Do you believe that White Supremacists pose our most significant domestic terrorism threat . Ms. Cox i would agree, senator, that we have a number of investigations that involve white supremacist groups. In fact, before the civil unrest the majority of domestic , terrorist investigations were White Supremacy involved. Senator durbin can you explain why your department has stopped White Supremacy incidents as a separate category of domestic terrorism . Ms. Cox i do not know about that. Senator durbin well, i hope you look into it. Department of Homeland Security has recognized the particular threat by extremists that target racial and religious minorities. The september 2019 strategic framework report on violence while President Trump was the president , it said White Supremacy violence is one of the most potent forces driving domestic terrorism. Mr. Cuccinelli do you agree that supremacist violent extremism is one of the, quote, most porton most potent forces driving domestic terrorism . Mr. Cuccinelli i do. And that is why we have upped it. And it is not correct to say we have ignored it. Senator durbin what have you done in portland . Mr. Cuccinelli you cite one partnersith local which is d. H. S. Has the primary , responsibility for and communicating the information to state and local authorities that we get sometimes from others, and we have increased that effort, not reduced that effort. Senator durbin good. Mr. Cuccinelli, that is what we expect of the ordinary and customary relationship between the federal government and state and local Law Enforcement is not what happened in portland. Can i just ask one last question . Thatox, can you affirm will the dhs personnel be under the control of the department of justice and report to d. O. J. Officials . Ms. Cox my understanding is that operation legend, they are doj Law Enforcement to help reduce the Violent Crime and will be a partner with that effort. Senator durbin there is a genuine concern because of statements made by this present about some wideranging Immigration Enforcement as part of this. Were you aware of any plans to use these dhs officials assigned to operation legend that have been assigned to operation legend for Immigration Enforcement . Ms. Cox im not. That entire initiative is meant to reduce Violent Crime. Senator durbin started in kansas city for that very reason. Did it not . Ms. Cox yes. Senator cruz thank you, senator durbin. Mr. Cuccinelli would you like me to address the federal officials involved in operation legend . Sure, go ahead. Senator durbin if the chairman will allow. Mr. Cuccinelli the investigators who have Extraordinary International gang experience are among the cooperating agents in operation legend, including in chicago where they have made a number of arrests. And that is true in a number of other cities, as well, but thats the engagement. It is not to perform immigration functions insofar as they gathered experience. As you know, senator, ms 13, latin kings, and others span our National Borders which brings the expertise in the picture. That is their role in operation legend, and we are very pleased to be working alongside them to help make our cities safer. Thank you,z senator durbin, and senator durbin referenced el paso and the horrific mass murder there. I was in el paso in the aftermath of that. That viewer lent virulen racist targeted hispanicamericans. I am a hispanicamerican. I consoled the families of victims who were murdered by that bigoted racist, and i would say one of the odd things, our democratic colleagues repeatedly refer to what they call right wing extremists, and they they haveloo boys, or cited or certainly can cite the klan. Unequivocally is what senator graham said. They are bigoted, violent monsters and should be thrown in jail. I unequivocally condemn anyone who engages in violence whether they are right on the left. And, sadly, what is missing is too many in the Democratic Party refuse to condemn antifa, and they refuse to condemn senator hirono has said no one was killed from that side of the aisle. I tell you, i was also in dallas in 2016, when Police Officers were murdered by a radical black lives matter protest. And this shouldnt be a political game. Dont kill people. Dont set police cars on fire. Mr. Cuccinelli, those who are engaged in rioting in portland, right now, the 277 officer injuries that have occurred, whos doing it . Mr. Cuccinelli well, as i said , rioters are not protestors and protestors are not rioters. It is the violent among them who often hide behind the peaceful and use them for a form of protection while using slingshots, using lasers. We have had more eye injuries. And i brought one with me. Availablecommercially laser that you see, and you are seeing them used now in portland to a degree that we have never seen before. If i hold my hand in front of hot by thatit is point in time. This is just a pointer you buy off of amazon and we are seeing some of the oldfashioned, a rock, oldest weapon known to man , along with new items like this that we have never seen used in an organized fashion against our officers their eyes. Moreas i said, we have had eye injuries than i can ever remember in another incident. Of all of our injuries, eyes are number one. That . R cruz how many is mr. Cuccinelli 113 out of 277. That hearing is next, and what we euphemistically say contact with an object, which is ruz i will say for the democratic members, mr. Cuccinelli showed me that commercial grade laser earlier, and it is like a laser pointer you might see at home. When mr. Cuccinelli shined it in your hand, it will burn and as i understand it, it is not a little pointer but a serious weapon that they are using to potentially cause permanent blindness in Law Enforcement officers. Is that right . Mr. Cuccinelli thats the attempt. And they close you get, the hotter it is. This is a shield, what i want to draw your attention to is the hole in the shield. A tactic that quickly developed among the violent participants in these activities was to cut the holes in the shields and instead of standing back, in the back of a crowd, and aiming at the eyes of officers, they will also now bring the shield up close and bring it right up into you, and so, the intensity of the strike to the eyes of the officers is much more significant. For those of you who are engineers like me, its a square function. So if you are twice far away, it is quarter of the energy. And the opposite is true. These are tools they are using combined with just regular items you can buy on amazon that is causing permanent damage that we have not seen on this scale before. As i said 49 years with the service, protective they have never seen anything like portland. Senator cruz senator lee. Senator lee thank you. Mr. Cuccinelli, what happens when you take a laser and point it into the eyes of a human being . Mr. Cuccinelli there is a twosecond look away reaction. There are several challenges, but one of the challenges is if you are not looking at the person assaulting you with the laser, you cant figure out who is performing the assault. So you think of it practically. You are trying to shield your eye and do your job. We have had a number of officers who had days long blindness. So far, they have all kind of come back, if you will. But you also get what is called flash blindness. Think of it as the old kodak cameras, where you get that blue spot, and you cannot entirely see in your entire field of vision for a period of time. Senator lee in addition to longterm or shortterm damage, that it might do, it make it more dangerous for the officer , and the officer recoils, to step away. Mr. Cuccinelli that is a clearly planned exercise. Senator lee and to be clear, a device like this one, which can be bought by anyone, doesnt run out of its supply, at least not in a single protest and shine if they wantt long to, and it can still do its harm. What i find so intriguing about all of this, even in 2020, as crazy as this year is, seems doubly crazy we are using terms like this and coonflating terms like peaceful protests and anarchist violence, as if they are the same thing, enforcing laws against one group of people and not another, or so we are told we should do, based on their ideological points. Tell me about this picture right here. Mr. Cuccinelli what youve got is the most common laser is the green, and the things you learn doing these jobs. Your eye, the human eye, sees the green part of the spectrum more than red, Something Like 10 times brighter. And also, all of this is happening at night. There is peaceful protesting. This is sort of the portland formula. There is peaceful protesting until 10 00 or 11 00. And then they go away, and then it may be them come back, but the group that comes back is much bigger, and they come back for violence. Senator lee my mom told me nothing good happens after midnight. So she was right. Mr. Cuccinelli your mother was right, especially about portland. We had accelerants powered into the courthouse while commercial grade mortarstyle fireworks were being shot into the doors in an attempt to light it, also while the side doors, the exits of the building, were being blocked, were being barricaded closed, so that was going on, as well. The last picture you see here, a little dark to see, they are holding a fire hose that they hooked up to the courthouse. Now these are our c. B. P. , officers because the rioters , not the Peaceful Protesters, would continuously set fires and throw a ton of trash over the fence and light it on fire and also throw what amounted to homemade grenades. There is also a picture this is a snap out of that video where you see two of those explosives coming in. They both explode early and dont get so close that they impact the officers. But you can see rather obviously the potential for harm with many of these devices. And this gun here was pulled off of one of the arrested protesters. Senator lee wide wildly thisable, equipment like is used in a novel way. ,i suspect this is the thing you dont expect to arrive spontaneously. People have given this some thought. Mr. Could jelly no, they have given it a great deal of thought, and, frankly, there has been some evolution of the negative tactics over time. If you look back out of minneapolis, go back to where george floyd was killed by that Police Officer, and then the fight that ensued in the streets of minneapolis, beyond just protesting, many of those violent participants got together and wrote up their lessons learned, sort of an afteraction report for criminals. And they have published this, and you see the same thing going on in other parts of the country send you that long and extensive list, and if you werent evil, you would read the work and say this is a high quality analysis. That is evolving all of the time. Mr. Lee does the federal government have General Police powers . Mr. Cuccinelli no. Absolutely not. Mr. Lee how does this differ from that . Critical of Law Enforcement agencies stepping in. Tell me why i shouldnt have that concern here. Mr. Cuccinelli all of the d. H. S. Officers are crossdesignated as federal protective service officers. They are all operating out of the federal protective Service Authority to protect the courthouse. The marshals have the inside of the courthouse and protect it dutifully. F. B. S. Protects the outside. Theres also two doors down, if you will, another Federal Building, and in between is the biggest local target for violence, the mulnoma justice center. So theres three buildings. Courthouse. Local justice center. Federal building. And across the street from all three are parks, which have performed the function of staging areas for rioters, for criminals, and the powers being exercised by the federal authorities are to protect the federal facilities. That is it. Even when we go off those properties, which the statute from Congress Says we can do, it is for the purpose of performing that function. So if someone assaults a Law Enforcement officer at the courthouse, we can go arrest that person anywhere in pursuit of that particular authority. But that doesnt mean we can police the streets of portland and hand out tickets for speeding or doing other things , and that is for portland and the state police to do. Mr. Lee for these apparently violent, repeated attacks on federal courthouses and other federal personnel and facilities, would you have ever sent federal personnel into that zone . Mr. Cuccinelli of course the f. B. S. Officers are always there. But i assume you mean added more . Through june, f. P. S. Continued to add their own officers as the violence escalated. And if you look in may and june, we have a graphic compilation i can send to each of you that shows the number of days of attacks on federal facilities. And in may and june, that total was 12 for both months. Total. In july, as of july 29, it was 29. So every single day. The escalation of the targeting of federal facilities led the commander on the scene of the federal protective service to request supplemental department of Homeland Security officers , because they didnt have enough in the region and given their other duties any longer, after they had already added their own. Thats why, pure circumstances on the ground, at the request of the local commander, who has always been the regional commander there, and that region is a lively one with portland and seattle in the same region. They have some experience here. This has happened not to this degree, but assaults on federal facilities happened two years ago, and the mayor of portland publicly disclaimed Police Protection for that facility. And so, we have mr. Lee thank you. Thank you, mr. Cuccinelli. Ill ask that that document be submitted to the committee and, without objection, it will be entered into the record. Senator whitehouse. Mr. Whitehouse thank you, chairman. Mr. Cuccinelli, you indicated that there is no sort of afteraction report for criminals who engage in violence. I think actually there is and its what ms. Cox does. And i wish both of you well in bringing to justice people who have done harm to Law Enforcement officers. With respect to lasers, i actually am the person who wrote and passed a law to protect pilots from the dangers of laser attacks from the ground, which had begun to pop up as a strange thing to want to do. But there it is. I think you both agree that we do hold our Law Enforcement personnel to a far higher standard than we expect the general public to adhere to. Is that correct . Mr. Cuccinelli certainly is a professional matter, yes. Ms. Cox yes, it is. Mr. Whitehouse and very often , Law Enforcement personnel are engaging with people during what they would probably look back on and see as one of the worst times of their lives, when they are upset when they are , emotional, when they are perhaps intoxicated. And so the conduct Law Enforcement officers customarily must face is often inappropriate conduct, is it not . Ms. Cox it is. Mr. Cuccinelli thats correct. Mr. Whitehouse and being prepared and trained to deal with that is part of what a good Law Enforcement officer does. Is that also correct . Ms. Cox certainly. Mr. Cuccinelli yes. Mr. Whitehouse ok. So walk me through, in the light , mr. Cuccinelli, of your testimony that there are protesters, and there are rioters. There is peaceful protesting and there is violence and terrorism. And that the federal officers you supervised were trained in your words in the conduct of appropriate tactics and procedures. You and i have both seen the footage, i assume youve seen it a good deal more than i have, given your professional responsibilities, of a tall individual wearing a gray navy or maybe Naval Academy sweat shirt who is in the clip that ive seen standing relatively immobile. His hands are down by his sides. He is not in any sort of an aggressive or combative stance. And he is one. And around him are perhaps half a dozen, maybe more, off the screen, officers, essentially in combat gear, and one of them engages in a strike with his baton, and if my recollection of the film is correct, a second strike and then a third. And the individual who is being the individual who was being struck does not react, and yet the strikes keep coming. Walk me through why that standing individual was a writer engaged rioter engaged in violence and terrorism and why that conduct by the officer was appropriate. Mr. Cuccinelli i am not prepared to characterize him that way. That is under investigation. Senator whitehouse what is under investigation . Mr. Cuccinelli that use of force. That is the subject of an ig investigation. Senator whitehouse an ig investigation . But not any other investigation . Mr. Cuccinelli this is a u. S. Marshal, so i have not interviewed those folks. Senator whitehouse i cant tell very well who is who, because they wear similar garb and it is hard to find out without being very close who they report to or what the uniform is, so forgive me if i dont know the difference. Ms. Cox, can you explain how that is conduct he will concede mr. Davids conduct in that clip is not that of a rioter and not violent terrorist conduct. Ms. Cox i know that incident in particular is under investigation by the ig, as well as an internal investigation with the u. S. Marshal service. I dont have any more facts about what was happening before or during that. Those facts will be developed in the investigation. I do want my comments to affect that dont want my comments to affect that at all. Senator whitehouse it looked like someone who was as harmless as he could be and was alone compared to officers, who has no weapon compared to pepper spray, mace, as well as batons, and takes a pretty damned well hard beating. I think it is episodes like that that cause legitimate concern, particularly in light of the allimportant standard that we know, as people who spend time in lawenforcement, members of Law Enforcement have to adhere to. Thank you. I recognize yall are constrained in terms of commenting on an active investigation. I will ask a simple hypothetical. If the only facts were as senator whitehouse suggested, an individual were standing engaged in no violence and any federal officer walked up and hit him three times for no reason whatsoever if that is what occurred, you would be quite comfortable saying that is an abuse of power to beat someone with a baton for no reason . To be clear, that is very different from, if before the clip in question, the individual violence. An act of the context of these investigations always matter, but if the only facts were as senator whitehouse said, someone were beaten for no reason, you would be comfortable saying federal Law Enforcement officers are not allowed to be people for no reason. Mr. Cuccinelli we train them for exactly the opposite. Ms. Cox i would agree federal officers are not allowed to beat people. Senator cruz that is why you have investigations. Perhaps there is conduct not captured on the internet. Mr. Cuccinelli mr. Chairman, if i may, a good half of this committee of former attorneys general have served in one relationship with another with lawenforcement. I understand there to be a great deal of respect for life was meant. For lawenforcement. Any of them to be perfect while holding them to the higher standard senator whitehouse just referenced. That is all true all at the same time. We have to continue to enforce the law while correcting whatever mistakes do arise without stopping enforcement of the law. Stopping enforcement of the law here would end up without a courthouse in portland. Blackburn thank you all for being here and for giving us the opportunity to have this hearing. I really appreciate it. I know that our constituents i hear from tennesseeans every single day about how concerned they are. Let me follow on where we are right now. Mr. Cuccinelli, lets talk about this. While your teams are out there stopping rioters, how do they make that turn and protect the Peaceful Protesters . Because they have to do each at the same time. So how do they work . How do they handle this . How do they try to segment the crowd so that people who are peaceful are protected, and rioters who are there for the purpose of violence and injury and harm and destruction, so that they are properly dealt with. Mr. Cuccinelli senator, that balance is so critical to their work. I appreciate the question. It goes also to senator whitehouses question two of them that professional Law Enforcement officers encounter people in tents situations tense situations. All of our officers are trained in deescalation techniques. I would note by one anecdote. In the middle of these riots, i believe marshalls detained an individual who assaulted a Law Enforcement officer. That person immediately had a seizure. In immediate medical need. Cbpby present where the medical team, immediately moved. To bortac team had dynamically move the crown away to be able to help the person who had just been assaulting their colleagues moments before. They did that in partnership with the marshalls and went through a series of attempts to treat this digital. Had 180 heart rate, respiration was way up, finally identified the drug to be a minister to save that person be administered to save the persons life. Within seconds of that same person having been attacking their fellow Law Enforcement officers. Yes, what senator whitehouse referred to happened. And that investigation will go through, and it showed. Understand you dont see reported all of the protective professional Law Enforcement officers take every day, not just as you suggested to protect Peaceful Protesters, but to actually care for the very people who are harming them. Ability, that flexibility and strength is really a hallmark, by in large, of 99 plus of our officers. Why we have to fix the mistakes as they arise, we cannot sacrifice the rule of law to do that. With theit in tandem protection of First Amendment rights. That is a huge part of why the larger number of officers is needed so that you can maintain peace, not simply arrest people. So that those protests can continue. Senator blackburn i think that is an important point to make, they are protecting people coming peaceably to express their opinion and assemble. At the same time they are having to deal with these rioters who are there to destroy property, to harm people. I think that speaks to the training and the professionalism, that when they put that uniform on, they dont know if it will be all peaceful protests or if they will be the destroyers that show up that they will have to deal with. We thank these men and women for their commitment. Ms. Cox, the Doj Task Force that is looking at these extremist groups and i want to drill down specifically to these that are on the streets, carrying out destruction. We keep hearing these attacks are very organized, they come with the lasers and bats and their and they carry out destruction. The work you all are doing, already figuring out who is organizing this, who is in charge, who is funding it, who it . Utting money behind ms. Cox yes, we will be looking into that. It is obvious to anyone that looks at it there is some level of organization. We are seeing some radiocommunication on the ground and some jamming of Law Enforcement communication. One thing that makes it incredibly hard is we are finding evidence that some of these rioters are using encrypted apps. I know senator blackburn offered legislation to deal with end to end encryption when Law Enforcement has probable cause and goes to a magistrate to get access to those communications. It is important in Child Exploitation cases and drug cases and will be important here. We have several people looking into it. Senator blackburn thank you so much. Mr. Chairman, thank you for the hearing and i yield back. Senator cruz thank you, senator blackburn. Senator coons. Senator coons thank you to our witnesses. I joined many of my colleagues in expressing concerns about the intersection between important Widespread National protests against the brutal killing of george floyd, expressing concern about Racial Injustice and the ways in which the injection of federal Law Enforcement into portland may have exacerbated rather than reduced incidence of violence incidents of violence. Let me repeat something that is worth covering again. There is no one here condoning or supporting violence by either protesters or Law Enforcement if unlawful and unnecessary. Memberope that ranking hironos comments were heard loud and clear. I think senator durbin expressed clearly, and i will join him in that, we need to hold accountable perpetrators of violence. Those who have caused any harm to Law Enforcement, our Law Enforcement officers have a difficult and demanding job. You are right, mr. Cuccinelli, virtually all of us have worked alongside Law Enforcement. We also have to have policing resources deployed in a transparent, professional, and appropriate way. There are a lot of concerns expressed pointedly by both u. S. Senators from the state of oregon at the outset of this hearing about the conduct of federal Law Enforcement in portland and the connection with state and local elected officials. Let me briefly ask a few questions about that. Mr. Cuccinelli, an internal dhs memo reportedly warned that cbp agents and others deployed to portland were not specifically demonstrations, something that requires specific training. That internal memo called for additional training for deployments. Have all deployed federal agents received appropriate training in dealing with demonstrations . Mr. Cuccinelli yes. There are differences between how fps is trained and cbp. But they have all had clarity, can for you detail what those acronyms are for . Mr. Cuccinelli i. C. E. Of course you know. They have the removal officers sided to the house and the Homeland Security side of the house. Ero handles prisons. We have prisons there, so they train. They will have similar training to bureau prisons. Anator coons can i suggest mass demonstration of Peaceful Protesters is different from a riot in a prison . Mr. Cuccinelli absolutely. The training they get is how to contend with, on a dynamic basis, crowd dynamics in a violent environment, how to move the crowd for a short duration, whereas fps has training about defending a facility, which is what they are used to doing. Senator coons can you tell me roughly how many hours of crowd control training these different federal forces received before being deployed into portland . Mr. Cuccinelli that i dont know off the top of my head, but i would be happy to get you that. Senator coons the pentagon raised concerns about dhs use dhs use of military camouflage in portland, saying they want a system where people can tell the difference. What purpose did it serve for dhs to use military camouflage in a crowd control setting . Mr. Cuccinelli that wasnt chosen because there was a crowd control setting, that was cbp officers whose normal duty stations are along the border and they came with what they had. We have moved as quickly as we could to procure for them what you think of as the solid green cbp uniform, much like you see the solid blue for fps. Senator coons is it partly to help with some visual education visual indication . Mr. Cuccinelli that is already done. They have on the back the declaration of Law Enforcement. The specific agencies are identified along their shoulders, but not their name, because they are being doxxed. Senator coons is every officer identified such that they can be tied to a specific Law Enforcement agency . Mr. Cuccinelli not only a Law Enforcement agency, but that individual can be identified to a batch number displayed for the public badge number displayed for the public to see. Senator coons both senators reported aggressive tactics used to respond to protesters in portland. There was one shot in the face with pepper balls, a woman was maced at point blank range. Some protesters report they were retreating or given no warning. Should federal officers aim impact munitions at the head or or,e or pepper spray excuse me, rubber bullets when it is clear protesters are attempting to comply with their orders . Mr. Cuccinelli you have listed a wide array of devices senator coons if protesters are attempting to comply with police orders, should they nonetheless be subject of teargas . Mr. Cuccinelli when the entire group that is being contended with is in compliance, i would agree with you. One of the challenges that we face is when one, two more complying,or are not when you have differences in close proximity to one another. Something like mace, for instance, or pepper spray is a short ranged tool for those circumstances. Senator coons could you make the rules of engagement that dhs is using available to the committee . You mentioned there is an ongoing Inspector General investigation into the tactics used in portland. Will you commit to sitting for an interview and producing relevant documents if the Inspector Generals office requests it . Mr. Cuccinelli we look forward to cooperating with that investigation. We want that cleared up as im sure you do. Senator cruz thank you, senator coons. Senator blumenthal. Senator blumenthal cap you for thankhere today and you for being here today and for your service. Mr. Cuccinelli, i would like to ask about the office of intelligence and analysis, specifically i am sure you are aware last month it was reported the office of intelligence and analysis distributed intelligence reports about two american journalists who published documents about dhs operations in portland. Oiare have been reports that collected information from the Electronic Communications of protesters in portland. Would you agree with me that these kinds of activities are inappropriate, may be illegal under the first and Fourth Amendment . Mr. Cuccinelli we certainly do not collect on journalists. And the information of journalists along with their raw identifiers was quickly acted upon by the secretary. Senator blumenthal i just want to make clear you would agree these activities are inappropriate. Mr. Cuccinelli it is the second part of your question i am not so readily agreeable to. We do look at open source material to see what people themselves declare they intend to do. To the extent the second part of your question would cover that, i would disagree with you. However, as it relates to journalists, i certainly do, as does the secretary. Senator blumenthal let me ask you about a report that appeared in politico on sunday that you signed off on a change in dhs procedures that in effect limited the role of the office of civil rights and Civil Liberties, which in effect reviewed any distribution of material by the oia before it occurred. You evidently eliminated that review procedure so that it is no longer required, is that correct . Mr. Cuccinelli no. I did sign a memo addressing the interaction between crcl and ina , but it is not with respect to all of their products. There are two types of products, raw intelligence, which is the thing you were referring to in your earlier question, and what we would call finished intelligence products where think of it like a formal report. Reveal. Cl does t my memo did was change when there is a difference of ainion about whether particular final product is appropriate to continue forward and be published to the intelligence community. Prior to my memo, that would have been appealed to me, the deputy secretary. I took myself out of that loop as left the undersecretary fo the final decisionmaker. In the four months before signing that memo, i never had one come up to me. Senator blumenthal what was the purpose of removing or changing 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] senator cruz the hearing will reconvene. We have five witnesses on the second panel, three in person and two testifying remotely. The first is an independent journalist and photographer who has provided americans a window into the protests that have wracked the Pacific Northwest more broadly in the past several years. He is the editor at large at the postmillennial. His written work has been published in the wall street journal, real clear politics and fox news. Millions online have viewed his videos covering antifa and related protests. Mr. Ngo is a graduate of Portland State university. Thesecond witness is director and Senior Analyst for Homeland Security and counterterrorism at the center for Security Policy. In that role, he researches and analyzes domestic threats with an emphasis on doctrines that feel terrorism. Fuel terrorism. His writing has appeared in the federalist, fox news. Com, and the claremont review of books. He was a lincoln fellow at the claremont institute. Our next witness is for sir jonathan turley, a columnist and schapiro chair for Public Interest law at the George Washington University Law school. Professor turley is nationally recognized for his scholarship in a diverse range of legal areas and has published dozens of academic articles in the nations leading law journals. Professor turley has ligated several highprofile disputes throughout his career. He earned his jd from the Northwestern Pritzker School of law and his ba from the university of chicago. Our next witness is a fellow with the Brennan Center for justices liberty and security program. A former special agent with the federal bureau of investigation, his work focuses on lawenforcement oversight and reform. Prior to joining the Brennan Center, he served as the policy council for the american Civil Liberties unions washington legislative office. Ur final witness currently works as the president and ceo of the urban league of portland. Immediately prior to her current position, she served in the office of the governor of oregon and office of the u. S. Trade representatives. She is also a former staff u. S. Were presented of Sheila Jackson lee representative Sheila Jackson lee. I would ask the witnesses in person to stand and be sworn in. Raise your right hand, please. Do you swear the testimony you are about to give for the committee will be the truth, the whole truth, and nothing but the truth so help you god . And now the rules provide that each of the Long Distance witnesses must separately sworn and. Sworn in. Do you swear the testimony you are about to give will be the truth, the whole truth, and nothing but the truth so help you god . I do. Senator cruz do you swear the testimony you are about to give before the committee will be the truth, the whole truth, and nothing but the truth so help you god . I do. Senator cruz we will start with the prepared testimony. Go, you are recognized. Please make sure you have turned your microphone on, which is this which on the is the switch on the base. Mr. Ngo thank you chairman cruz and members of the committee. Antifa is not a myth. I have been reporting on its activities since 2016, its threats to my family and me have proved all too real. As any good journalist knows, the most important stories are those not being told. This story is not being told. The American Public knows little insurrectionolent Group Medical Ideology Group and its radical ideology. Its followers regard the aporting of my threat as threat to their mission. First they tried to discredit me, falsely bringing me as a white supremacist. I have been to be gay and son of a the emmys refugee, of vietnamese refugee, so i find that surprising. They threatened to kill me. They are most succeeded last year. I was being so badly that i was hospitalized for a hemorrhage. I still suffer from the effects of that injury. To this day, no one has been arrested. I am apprehensive about speaking to congress today, given that i am a target. But i am more afraid of the consequences of remaining silent. Unless we take action, what is happening in portland today will soon be happening in cities across the country. What we have witnessed for more than two months in portland are almost daily violent protests and riots led by antifa. Even when they arent starting fires, using explosives and trying to maim officers, they leave threatening messages outside the courthouse. Even after federal agencies agreed to pull back their visible presence starting july 30, antifa militants attacked the Portland Police building on multiple occasions. Unfortunately, too many in the media have chosen to ignore or downplay this extremism masquerading as Racial Justice. E violence hash been organized and led by the local chapter of the youth liberation front, a shadowy Antifa Organization with secret membership. The youth liberation front has cells across the u. S. , organized on sites like twitter. They openly advocate for uprising in portland and elsewhere uprisings in portland and elsewhere. They called for national calls to action. Their followers obliged. We witnessed weekend street violence in seattle, oakland, austin, atlanta, among other cities. There are multiple shootings, dozens of officer injuries, and even a homicide. I have worked undercover for months in portland and other cities and have seen with my own eyes how hundreds of socalled testers Work Together protesters Work Together to carry out acts of criminality. Both violent and nonviolent dispense playable. Participants play a role. Antifa depend on masked Peaceful Protesters to act as human shields. Those privy to the organizational workings are divided into units, one for street medics, one for vandals and so on. They chat on encrypted applications because they are externally difficult for Law Enforcement to monitor. Antifa has mastered the art of making its violence appear innocuous. For a simple, protesters that look like water balloons can be filled with chemicals, slingshots can be used to propel rocks and ball bearings. Powerful handheld lasers can cause serious damage to the eyes. Antifa and its allies have made rioteing an art form in portlan. They have access to a rich stream of cash flowing from sites like gofundme. Antiprotester in portland is instantly bailed out. Any protester in portland is instantly bailed out. Antifas goal is not only to abolish the criminal justice system, but to burn down the republic. Look at their graffiti messages. Portland is a canary in the coal mine for america. Look to my city to see what happens when a group like antifa is left unchecked. Thank you. Senator cruz thank you, mr. Ngo. Professor turley. Professor turley it is an honor toappear before you today discuss the growing threat of free speech. The protests in the aftermath of the killing of george floyd have theed to focus attention on transcendent issue of Racial Discrimination. I think we all agree we cannot let this moment pass from the National Dialogue on Racial Justice. That dialogue however is increasingly turning into a diatribe. Streets,mpuses, on our even in our media. We are losing the opportunity to reach consensus because of rising violence and intolerance for opposing views. If we are to come together as a nation, we have to be able to speak to one another freely and without fear. I welcome this hearing because i fear that we are at a crossroads in this country on free speech. We are witnessing unprecedented erosion of this defining right in our democracy. The protests around this country involve a wide array of groups on the political spectrum, from both the farright and farleft. I discussed that in my written testimony. However antifa is the most successful antiSpeech Movement of this generation, using physical threats and intimidation to silence those with dissenting views. Achieving what antifa calls no platforming, denying those with opposing views the ability to be hard. The alleged antifa ringleader who led efforts to topple the statues in washington dc proclaimed the movement is winning. He is right. They are winning. They are winning because universities are now effectively blocking conservatives in opposing speakers. They are winning because the media and politicians downplay such violence. They are winning because local authorities are ordering police to standdown or prosecutors to drop charges. They are winning because free speech is being treated as a threatening factor in our schools and society. In my written testimony, i explore ways for congress to reinforce free speech through a mix of measures of federal enforcement to federal funding. It is by no means an easy task, because government enforcement itself can chill free speech. However threats against free speech have now reached a Critical Mass in our schools and streets. We can either act or we can remain passive pedestrians to what inevitably comes next. The house judiciary chairman jerry nadler said accounts of antifa violence in places like portland are a myth. Antifa is no myth. The decentralized organization and fluid communications used by antifa give superficial support to such denials. Antifa trains members to remain anonymous. It is all here in the antifa handbook, which explains the strategy of anonymity by mass to allow the offensive side of tactics to flourish. Antifa was expressly founded as a movement at war with free speech. That is also clearly stated in this handbook. The signature of the group is a selfrighteous, rage fueled violence that parallels fascistic groups they claim to oppose. The antifa handbook said fascism is not to be debated, it is to be destroyed. Fascism is a term that morphs into a wide variety of targets, from capitalism to patriarchy to police. Antifa, their strong resentment to groups that emerged in earlier periods, like the red scare. Simply replacing anticommunism with antifascism does not materially change the antifree speech purpose of these movements. The greatest threat to free speech in this country remains the original threat, silence. Silence kills free speech. It is the silence of professors who watch as their colleagues are threatened, harassed or fired for voicing dissenting views. It is the silence of students as they watch their fellow students attacked for voicing their own beliefs. It is the silence of reporters who watch as their colleagues are fired for writing opposing views. Most importantly, it is the silence of politicians who refused to protect the exercise of free speech. During the red scare , the attorney general said this about dissenters. May god have mercy on them, for they need not expect none from an outraged people and avenging government. The avenging elements in our society are now found in groups like antifa. A growing number of writers and others who are embracing orthodoxy over diversity of thought. Antifa pain related groups thrive and related groups thrive through intimidation. All that is required for free speech to die in america is for america to be silent. Thank you for allowing me to speak today. Senator cruz thank you. Our next witness will be via video. Chairman cruz, members of the subcommittee, thank you for inviting me to testify. We are all concerned about violence. Framing the problem as an issue of anarchist violence only spreads misinformation that puts Law Enforcement officers and the communities at greater risk. It distracts from the antidiscrimination issue that millions of black lives matter protesters continue to come into the streets to support. Protests are disruptive by nature. Their purpose is to draw attention to overlooked issues. The labor presented of john lewis called it getting into late representative john lewis called it getting into good trouble, that refusing to comply with unjust orders is an honorable method. Forthose responsible defending law and order, this presents a challenge. The First Amendment rights are essential to a vibrant democracy, but because Law Enforcement officers are defenders of establishment power, they have a natural tendency to view protests against Government Policies and particularly against Police Practices as security threats. They often mistake civil disobedience for anarchy and bring discriminant levels of force to restore their ideas of order. Studies of civil disturbances in the 1960s and 1970s show aggressive Law Enforcement tactics were used in instigating and spreading violence. Officialsnforcement become confrontational with protests, it starts a cycle of escalating violence. Skip holding illdefined scapegoating illdefined enemies, whether we call them antifa, violent anarchists, isnt the solution. Policymakers should instead embrace research for policing tactics and reject the ongoing violence. Violenceincidences of capturing video since the killing of george floyd show police using tear gas, pepper spray, batons and less lethal munitions indiscriminately, often targeting nonviolent protesters as well as journalists, legal observers, bystanders, and elected officials. More than 60 have suffered serious head injuries from a Law Enforcements improper use of socalled leslie the munitions less lethal munitions. The vast majority of the millions of people who participated in the black lives matter protests have not engaged in acts posing death. Farright militants have made dozens of appearances, some claiming to support Law Enforcement and others to defend protesters from the police. There are also people with no political agenda, mostly peaceful, but some not who come to the protest. A small number have engaged in serious violence. It is important Law Enforcement identify and address their crimes. After beating violent acts attributing violent acts to a movement spreads unwanted fear. Disinformation about antifa spread by white supremacist trolls has diverted Law Enforcement resources and encouraged army to vigilante groups to search streets for enemies. Media analyses of protest arrests do not support the allegations that antifascists are playing a significant role in protest violence. The Trump Administration amplified this misinformation, blaming antifa and for tuning to designate it as a domestic terrorist organization. Antifa is not an organization and there are no u. S. Homicides resulting from antifascist action from 25 years. Misinformation in Law Enforcement intelligence doesnt just divert resources, it potentially blinds them to real threats. Two Police Officers have been killed and several injured by actors trying to instigate a civil war. Law enforcement should focus on these threats, not civil disobedience. We have an effective blueprint for reducing violence at protests. Policies requiring police to abandon the escalating force model and use force only when necessary to stop people from engaging in activities that threaten bodily harm. Thanks again for inviting me and i look forward to your questions. Senator cruz thank you. Remotely, ms. Ss johnson. Can you hear me well enough . Senator cruz yes, thank you. I appreciate you for inviting me to testify. I was also a former staffer for harry reid. American,egonian, an and a lawyer. My mother and father were born in this country, as were my greatgrandparents. My family were kidnapped africans, forced to work for no compensation. Later my family members were steelworkers, Law Enforcement officers, military veterans, and artists. We all share something in common beyond our family ties. None of us have yet to enjoy the full rights due to american citizens under the u. S. Constitution. In our fight for civil rights, we have been ignored and targeted by federal agencies. This is nothing new. Nevertheless, we persevere in spite of it all, because we are indeed americans. Now we take to the streets to declare that our lives matter. We have been met by dangerous forces sent from washington dc to silence the movement for black lives. It is difficult to see this government respond so inappropriately with extensive force at a time when those resources should be spent to build justice in our community and staunch the deadly covid19 pandemic. In recent years in portland, White Supremacists marched in our city. Would be bused in nazis, one of which is promoted by todays witnesses for the majority. We have been told to avoid downtown because of those White Supremacists in our community. In spite of portlands discussed, digust, our local police assisted them, even though they were armed with weapons as they rallied new the Federal Building in downtown portland. Local police regularly chat with them via text message. Is it any supplies the same police would declare those protesters and supporters as rioters . They are not on the side of black portlanders. They do not stand for the justice we seek. Federal officials did not lift a finger to deter white supremacist crowds. Delegations were not concerned about dangerous men rallying at the Federal Building. Even after one of those White Supremacists attacked black women and woman and two black girls and attempt to murder a third man. I do not recall this body Holding Hearings to listen to the harm those progressives caused regressives caused. Here we are today. Now the federal government is involved because the Current Administration has taken the side of the status quo and continued disenfranchisement of african americans. Following the Police Murder of george floyd, breonna taylor, and jason washington, people in my community dare to stand up for black lives. We gather to insist the time is now for america to live up to its promise to us all. That black lives matter must be a bold and unexpected statement for those in the beltway. Either that or they like to create political theater. That is why they sent federal police to oregon. After weeks of demonstrations that had nothing to do with the federal government, but were focused on local issues in arkham unity, the feds inserted in our local community, the feds inserted themselves. Officials who took an oath to defend this country demonstrated to oregon and the world that when there is a political and social movement they do not approve, some politicians may deploy Border Patrol and other feds to shut it down. It is fascist behavior the likes of which this country has fought against. I am an antiracist and an antifascist. All americans should be. Officials and Police Showed us something else. The federal forces slandered. Federal police went too far for days, thinking they could drive the people of oregon into their homes out of fear. Instead thousands gathered to speak and demand and to sing that black lives matter. Do you know about portland or a portland local organizer . He was using his phone when he was hit in the head by a paint projectile. He was standing 50 yards away from the Federal Building when he was shot. I will briefly tell you about a woman shot by federal police. She felt the munition smash into her forcehead. She said i was inspired to use my voice and my body for the clear message that black lives are worth fighting for. She said when she was hit, no announcement came from the feds. They were completely silent as far as she could tell. It is time for all of us to get into good trouble, necessary trouble. I am answering the call, as are many of oregonians across this country. Until our constitution is made real, it is up to all of us in this country. I look forward to answering your questions. Senator cruz thank you. It is a great honor to testify on the constitution. The federal government has a fundamental responsibilit to protect responsibility to protect the rights of its citizens. I hope my testimony will correct fundamental as understandings regarding the movement known as antifa, which seeks to deprive americans of these rights. Antifa is a movement whose goal is to use intimidation to terrorize american citizens, to disengage them from the political process. While they do this under the cover of antifascism, the reality is antifa defined the entire defines the entire american political system as fascism. Antifa developed out of the communist Guerrilla Movement in the 1970s, such as germanys red army faction. As a result, it possesses operational experience of radical leftwing organizing and clinical violence. Law enforcement has largely failed to understand the nature of this threat, seeking a hierarchical organization. Some analysts have concluded against all evidence that antifa does not exist in any meaningful sense. The reality is antifa demonstrates in a nonhierarchical structure. The most basic structure of antifa is the affinity group, described as the essential Building Block of anarchist organization. It is a small cell of individuals who agree to come together to participate in direct actions including sabotage and premeditated assault. Affinity groups form clusters. A large cluster may organize actions. Antifa chapters form at the city level, enjoying regional enjo in Regional Networks as well as national and international networks. Antifa website describe in detail how to organize affinity groups and chapters, how to vet potential members and securely communicate. Such websites play a key role in spreading propaganda, distributing new tactics and procedures and raising calls to action. One such simple, the antifa al. Site distributes a manu particularly noteworthy, then manual describes antifa chapters as obligations to support regional antifa networks, who in turn make greater Resources Available to chapters. This support extends internationally with Many American antifa groups linked to the International Antifa Defense Fund. While overall dollar amounts are low, the International Antifa Defense Fund represents clear evidence of organizational activity across National Borders. Antifa depends on the democratic socialist of america and the National Lawyers guild and in coordination with other protest organizations. It is not uncommon for antifa to require outside groups to sign memorandums of understanding to ensure allies a great not to interfere agree not to interfere with criminal activity. In terms of financing, terrorism is a lowcost form of warfare. Costntire 9 11 plot 500,000. Methodsses a variety of to fund raise. The International Antifa Defense Fund raised so far more than 55,000. While some of these Crowdfunding Companies are content neutral, others are explicitly ideological and only facilitate antifa and similar projects. Antifa chapters also raise funds through admission fees, cash donations, and by selling merchandise at anarchist book fairs. Many of their needs are provided free of charge by their organizations which provide armed and unarmed training for antifa members at no cost. Other organizations such as riseup. Net provide chapters with free access to Communications Tools and computer applications. Far from being nonexistent, atifa possesses as elaborate structure as any terrorist group. Disorganizeds too should not be an excuse for Law Enforcement to allow antifa to overthrow the constitution. Like their predecessors in the rate army faction, antifa will escalate its behavior unless it is checked. Rioting techniques will continue to grow in capability and sophistication. There will be more autonomous zones for increased areas of time. More americans of all political persuasions will be terrorized. Senator cruz thank you to each of the witnesses for your testimony. Mr. Ngo, let me start with you. Is antifa violent, and what specific acts of violence have you personally witnessed . Mr. Ngo yes, they are violent. What i witnessed is what happened to me on the 29th of june, 2019. Ostensibly antiracist test that was organized protest that was organized in downtown portland. It involved rose city antifa, the local chapter of the democratic socialists of america. I came with my gopro to record. I was beaten by a mob. People who used brass knuckles hidden under gloves punching me repeatedly in the front, the top and back of my head. When i thought they were done, that was the half of it. Next came the milkshakes and liquids hurled at my face. Milkshakes can sound kind of cute as a protest, but when they are thrown at force in your face, you cant see where to go. My first one of experiences with their violence. I have seen numerous times senator cruz is it right that you received significant injuries from that . Mr. Ngo yes, a brain bleed from that. Senator cruz please continue. Mr. Ngo there were seven other people hospitalized. There was one conviction. And other weapons. Since 2016 going on in response to the surprise andtion of donald trump, politicians have been nurturing and allowing extremism to go on. Thats why its in the predicament that its in now, with over two months of violent protests and i see all these headlines talking about how things are peaceful now because the federal authorities are less visible, thats inaccurate. Its a falsehood. Yesterday and the day before, you know, attacks happens instead of the federal court downtown, they tried new tactic and attacked the southeast precinct in southeast portland. This problem is not going away. Hopefully my testimony here to Congress Shows i dont come with a partisan message. If you read their literature theyre clear for calling for the abolishment of the u. S. Mr. Cruz professor turley you testified that antifa is profoundly antispeech and violent. Can you expand on that . If you go through their antifa handbook and look at the literature, they reject the premise of what they call a Classical Liberal view of free speech. Specifically they object to statements like, i may disagree with what you say but i would give my life to defend it. They reject that. They believe that free speech itself is a tool of oppression. And that has been the message on campuses. What i thought was disturbing about the statements that antifa is a myth is that many of us on campus have been dealing with antifa for years. And antifa is winning. There is a tremendous movement, an antifree Speech Movement in the United States. My testimony doesnt really go to these protests. I think that both the far right and far left are doing bad things in these protests. Antifa members have been arrested in these protests. Antifa groups like rose city antifa have been leading some of these efforts. But my greater concern and the one i would hope that members would look at is this antifre Speech Movement that antifa is part of. Ive been teaching for 30 years. I have never seen the level of fear and intimidation on campuses that we see today. Faculty are afraid to speak out about issues. We cant have a dialogue about the important issues occurring today because theres a fear that you might be accused of being reactionary or racist. Weve had law professors who have been physically attacked, have required Police Protection. Thats the environment that were developing. And for people that think that antifa and groups like it can be allies, they dont know antifa. Those of us who have been teaching on campuses can tell you about these groups. And the alarm that i have is because im watching my profession, the teaching profession, die. With free speech. Administrators are not protecting Academic Freedom why should they protect free speech . Were see, many of these speakers are being prevented from speaking on campus. The message is clear to faculty and to students. Theres a new orthodoxy that you should not confront and certainly shouldnt disagree with. I go through those details in my testimony. Mr. Cruz i very much agree with you that we ought to be united in condemning violence whatever ideological stance it comes from, right wing, left wing, no wing at all. If youre committing violence against fellow americans, that ought to be condemned, you ought to be arrested and prosecuted and go to jail. I think its striking that in the entire course of this hearing, seven Democratic Senators spoke in this hearing. Not a single democratic senator condemned antifa. Not a one of them condemned antifas violence and terrorism. Do you think it is harmful that the sitting attorney general of minnesota is a democrat. Posed with the book you just held up in your testimony, the antifa handbook, gleefully modeling it. Do you think its helpful for elected democrats to be holding out a violent, antispeeching orny sigse like antifa and acting as apologists for it . Is that good for our democracy . Mr. Turley i criticized mr. Ellison for that tweet. There are some democratic politicians that have not only failed to denounce antifa but in that case seemed to give it a shout out. In that case, mr. Ellison said they would put the fear in the heart of donald trump. But what he doesnt see is that antifa is putting fear in the heart of many people other than donald trump. If you go to campuses today youll find more advocates for limiting speech than protecting it. Theyre winning. When you see pictures like mr. Ellisons picture with antifa, its disturbing. Because antifa is not coming after him. Theyre not even coming after democrats. Theyre coming after republicans, conservatives, and those of us in the free speech community. Theyre coming after us. But dont think well be the last ones. Thats not how this works. Mr. Cruz thank you, professor turley. Senator hirono. I dont see how anyone can sit here with a straight face and say democrats , as thou denouncing violence of every stripe is the purview of republicans only. I dont see how anyone can sit here and accuse a group of that because i would say we all should be denouncing extremists of every stripe. In my view, particularly from what i heard today, that theres more harm being done by White Supremacists, not necessarily against government but people who represent minority groups. Mr. Chairman, you can obviously invite whoever you want to this hearing but i would like to record my concern regarding the presence of the centers for Security Policy at this hearing. This center for Security Policy is an organization that has been spreading antimuslim conspiracy theories. For example, the founder, frank gaffney, who has repeatedly demonized muslims, has falsely claimed, theres mounting evidence that the president , hes talking about president obama, not only identifies with muslim bus may still be one himself. He has spread a Conspiracy Theory that Muslim Brotherhood has infiltrated the american political sphere. Which got him actually banned in 2011 from the annual conservative Political Action conference. Csp has been criticized by republicans and democrats alike and organizations that monitor extremist groups including the Antidefamation League has criticized c. S. B. And the Southern Poverty Law Center designated them as a hate group. I would like to register my concern that they are represented here. I have a question for mr. German. The oregon governor, kate brown, the attorney general ellen rosenblum, and other local officials demanded that federal agents leave portland, arguing they have escalated violence in the city. Oregon Governor Kate Brown said the federal officers here brought violence and strife to our community. Mr. German, you talked about how aggressive riot control tactics against protesters incite greater violence in response. Would you say the tactics federal agents used in portland are ones that deescalate protests or provoke violence . Thank you for the question. Yes, its obvious that those sorts of aggressive tactics increase protest violence. And this is something that has been studied for decades. So its well known that even rioting and riot control clothing can instigate action within a crowd. Its very important to look at the research and develop our tactics for reducing Police Violence based on objective research and not adopt tactics that were discredited decades ago. Senator hirono i dont know if you heard mr. Cuccinelli testify that all the agents, the people from d. H. S. , for example, get adequate training regarding crowd control and deescalating the situation. Is that what you saw going on in portland . Mr. German thats not what i saw. To be clear, im not in portland. But there are ubiquitous videos out there and i follow a lot of local reporters. And what we saw are these escalating by force tactics that was the model used in the 1960s that was discredited after a number of president ial commissions looked at this issue and tried to find ways to reduce protest violence. Senator hirono i think what was distressing for those of us who saw many of those videos is the indiscriminate use of tear gas or other methods. They were not singling out those protesters or those people who were rioting. There was kind of a blanket, indiscriminate use of these kinds of tactics, which is why the idea of dhs and department of justice are investigating what happened not only at Lafayette Square but also in portland. Mr. German, you have also talked about how White Supremacists and far right militant groups use exploit protests to stoke conflict and violence. You said White Supremacists infiltrated recent protests to cause violence that would be blamed on black lives matter or antifa. Despite this evidence, the Trump Administration has continued to focus its blame on antifa and anarchists. Can you put in contest the Trump Administrations messaging strategy blaming antifa and anarchists and ignoring violence by White Supremacists . Mr. German i think its dangerous to politicize Law Enforcement. Law enforcement has a very important job, to protect the communities they serve. They need to be protected when theyre engaged in that work. Unfortunately, when we politicize intelligence, which is what weve seen here, where many intelligence reports that have been released indicate a sensationalized vision of what antifa is and the threat it poses that has distracted Law Enforcement from more serious threats that result in deadly violence. Senator hirono thank you. My time is up. Thank you. Senator cruz thank you. The senator attacked the group you work for. If you would like to respond. We are National Security think tank in operation since 1988. We do a wide variety of work on National Security topics including nuclear deterrence, missile defense, biodefense, and geopolitical challenge, and work on terrorism, terrorist ideologies and Homeland Security. Were particularly proud of our work in trying to understand the ideologies behind jihadist terrorism. Were proud of the work that we have done with american muslims , including those who are senior fellows at our organization who seek to oppose jihadist elements in their communities. So we reject this this claim from organizations that are engaging in behavior which is essentially the same that antifa engages in, which is to say anyone that offers an analysis that disagrees with them must ipso facto be a member of an unacceptable organization or hate group or what have you. Thats divisive. It ruins the ability to engage in analysis that is useful to the country. Senator cruz thank you. Senator whitehouse. Senator whitehouse thank you. Special agent german. Mr. German former special agent, sir. Senator whitehouse former special agent german. I wanted to ask you, to the extent you can, briefly go over your work with regard to White Supremacists and militia organizations while you were with the fbi just background, time what you spent, what sort of role you had, things that are public that you can disclose. Mr. German thanks for the question. I joined the fbi as a special agent in 1988 and in 1992 i was assigned in los angeles, where there were disturbances resulting from the police of rodneynning king, and the fbi had intelligence that white supremacist groups were engaging in illegal firearms transactions and trafficking in other weapons in order to take advantage of those protests. So the fbi asked me to go undercover in white supremacist groups that were trafficking in illegal arms. We ended up solving a number of bombings and arresting people before their more violent conspiracies could be achieved. In 1996, i went undercover again in far right antigovernment militia groups in the Pacific Northwest engaging in the same kind of trafficking in illegal weapons and conspiring to engage in acts of violence and again achieve successful results through prosecutions. Senator whitehouse adding those two assignments together, how many months did you spend under cover within those organizations . Mr. German the first case was about 14 months, the second case was about seven or eight months. Senator whitehouse during which time you effectively joined the group as somebody who they fellow thats how you got information. Mr. German yes, i presented myself as somebody willing to be recruited into their organizations and they brought me in and allowed me to engage in their criminal conspiracies and that was my first introduction to antifascist actions and i think thats what we have to understand. This term is much broader in many ways than what weve discussed here, that antifascism is an important part of what the u. S. Government has been involved in as well. Senator whitehouse these assignments were at some risk to your personal safety . Mr. German yes, these groups were heavily armed and very cognizant of the fact that Law Enforcement was interested in their criminal activities. Senator whitehouse from what you know, is it still a Law Enforcement concern and should it be a Law Enforcement concern to have these White Supremacists and militia groups running around and engaged in violent acts and conspiracies . Mr. German i know that there are fbi special agents and other Law Enforcement agents who are focused on these groups and do the best they can. Unfortunately as a matter of policy, far right violence is deprioritized by the fbi and the justice department. Only more recently at the beginning of this year, fbi director chris wray finally said they were raising the prioritization of white supremacist groups. But we still see Law Enforcement engaging with these groups in ways that are dangerous and from a former Law Enforcement officers perspective, my concern is for their own safety. Theres a long history of these groups targeting people in Law Enforcement. Unfortunately thats what we saw in oakland and Santa Cruz County , where a member of a far right boogaloo group, or members, engaged in deadly violence against Police Officers. Senator whitehouse in the cases in which you were engaged, what were the primary motives and methods of these criminal groups . Mr. German the primary motives were to harm people who they thought were their enemies and whether those were people of color or political enemies, and their methods were to accumulate, amass weaponry they could use to try to trigger a broader war, either a race war or a civil war that they would they believed they would come out on top of. Senator whitehouse with a certain amount of collateral criminal activity to get money to pay the bills . Mr. German absolutely. These groups engage in any time of a clandestine criminal organization engages in criminality. The criminality that we should be looking at these groups based on criminality rather than ideology. Senator whitehouse my time is up. Thank you for your service. Mr. Cruz mr. German, let me thank you also for your work going undercover with those wite white supremacist groups. I emphatically agree that White Supremacists are ignorant, bigotted morons and those who are violent should be criminally prosecuted and locked up as long as humanly possible. I should note im cuban american, White Supremacists hate me too. But at the same time its fairly striking that elected democrats want to ignore the violence of antifa. They want to ignore the violence on the left and they just scream white supremacist, white supremacist, rather than condemn violence from wherever it is coming. The 277 injuries of federal Law Enforcement officers in portland are coming from the left. And not a single democrat on this committee acknowledges that. David dorn. Africanamerican Police Officer. Murdered, retired Police Officer in st. Louis. Who is black. Murdered. Not a single one of the seven Democratic Senators who spoke at this hearing mentioned his name. Patrick underwood. Another officer. Senator durbin is the only democratic senator who pensioned mentioned his name. Another black officer murdered. You see democrats who repeat the slogan black lives matter but apparently those black lives arent worth discussing. The black lives of Police Officers murdered by terrorists. I would note as well when it comes to black lives matter, as a proposition the statement black lives matter is unquestionably true. It is a truism. It is indisputable. Full stop. Black lives matter, matter enormously. Every human being is a precious gift from god. That being said, and quite rightly, the overwhelming majority of americans agree with the proposition that black lives matter. It should be 100 of americans agree with the proposition that black lives matter. That is different, i would note, than the specific organization that has taken up the name black lives matter. And i think it is important to draw a distinction between the statement black lives matter, which is indisputably right and the organization that denominated black lives matter. That organization was founded in 2013. It was founded by three selfdescribed radical marxists. The three founders of it were alicia garza, opal tennetti, and patrice concullers. In some of the facts behind this organization are important for people to know. Cullers said she and garza are, quote, trained marksists. Marxists. He said, quote, i read, i study, now, mao, marx and lenin to my knowledge of books. Mao and lenin murdered millions, were among the worst tyrants humanity has ever known. The black lives matter group, their founders have explicitly praised marxist angela davis. Who is angela davis . They said she was a mentor. She was communist party vicepresident ial nominee in 1980 and 1984. Shes explicitly a communist. She was affiliated with the black panther party. One of the three founders of the black lives Matter Organization said angela davis is a mentor of mine. Not only that, the founders praised domestic terrorist asada shakur. Thats a convicted cop killer, murdered a Police Officer. She is right now today on the fbis most wanted list and is likely a fugitive in cuba. And by the way, it isnt just a passing craze. Praise. Ms. Cullers wrote a memoir, when they call you a terrorist a black lives matter memoir, with a foreword by communist angela davis. Thats not me calling her a communist, she was the Vice President ial nominee of the communist party, shes explicitly a communist. And an opening paragraph from shakur, the cop killer on the fbis most wanted list. Not only that, in terms of fund, funding, the organization blm is financially sponsored by the thousand currents, an Organization Vice chaired by citizen rosenberg. Who is rosenberg . A member of the leftist, violence organization, the may 19 communist organization, involved in multiple politically motivated bombings. What does the Organization Black Lives Matter support . You go to the website, they tell you. Theyre not hiding it. Their top priority is defunding the Police Across the United States of america. Its not defending equal justice for everyone. That, everyone supports. It is abolishing and Defunding Police departments in every community in this country. The group blm has a long record of antisemitism and antiisrael attacks , including arguing that israel is a, quote, apartheid state that is committing genocide, an d by the way, the blm founders who revere angela davis, angela davis record, profoundly antisemitic and antiisrael. Indeed she was asked, would she be willing to speak up on behalf of jewish prisoners of conscience in the soviet union . She was a big apologist for the soviet union. She responded when she visited moscow, shes meeting with the soviet leaders in moscow and her response was, instead of speaking up for the jewish prisoners of conscience, she would urge that they be kept in prison because, quote, they are all zionist fascists and opponents of socialism. What else does the lm blm the Organization Support . On its website it has called for a quote, boycott of white capitalism. In 2017 they called on people not to spend any money with white corporations. And not only that, the website says that one of their objectives is dismantling the, quote, patriarchal practices and disrupting the westernprescribed nuclear family. Thats what they say their objectives are. The reason that matters is right now Corporate America is desperate to demonstrate their virtue as we see racial dissension. So black lives matter, the group, raises money on act blue, the fundraising mechanism for virtually every elected democrat in congress. Among the donors to blm the organization, according to public reports, include the , which has given 50 to 100,000. Doordash which has given 500,000. Amazon which has given an unidentified portion of 10 million. Gatorade which has given an unidentified portion of 500,000. Nabisco, which has given an unidentified portion of 500,000. Deckers which has given an unidentified portion of 500,000. Microsoft which has given 250,000. Dropbox which has given 500,000. And fitbit which the amount given is not identified. Microsoft, the largest individual shareholder is bill gates. More than ironic that theyre funding an organization thats calling for boycotting all white corporations. Microsoft is literally funding an organization calling for microsoft to be defunded. Jeff bezos, of amazon, hes white too, and hes funding an organization that is calling for the boycotting of amazon. This is dangerous. And its worth understanding that when Corporate America floods millions of dollars into explicitly marxist terrorist organizations that glorify cop killers, that glorify violence, that the violence and terrorism that flows from that should not be surprising. Without objection, im going to enter into the record an article from the Washington Examiner dated july 23, 2020, the title of which is who is black lives matter . And i would encourage anyone who wants to understand who this organization is to read this article. On the proposition, the value proposition, do black lives matter . Absolutely yes. And our nation was founded on the proposition that all men are created equal regardless of race or skin color. But the organization that has seized that name is very different, and if they succeeded with their stated number one objective of defunding and abolishing every police department, many, many more black lives would be lost because more africanamericans would be murdered without the Police Officers that bravely risked their lives to defend those communities. Senator hirono. Senator hirono sometimes i dont think you listen. So how many times have i had to say that we all should be denouncing violent extremists of every stripe . By the way, you know, republican s are constantly using, you brought it up yourself, the deaths of these black Police Officers, Patrick Underwood and david dorn, for making political points. And the fact that it was right wing extremists who killed officer underwood, that seems to be lost in this argument. And now there are all these attacks about black lives matter and what theyre saying. How many of us even think that Defunding Police departments is should be taken literally . I certainly dont. We have this pesky thing called freedom of speech. I say that the people who support black lives matter and calling for various boycotts is freedom of speech. That is what this hearing title is, protecting speech. Andhould all join hands tever word youa want to use about violent extremism of all stripes. I think we can all agree on that. To constantly accused democrats of not caring about that is i can only say you are not listening. I hope this is the end of this hearing and that we dont have to listen to any more of your rhetorical speeches. Thank you very much. I am leaving. Senator cruz i appreciate the as always kind enough words of senator hirono. I would also note that throughout her remarks she still did not say a negative word about antifa, nor has any democrat here. They instead engage in a political game you are welcome to Say Something negative about antifa right now. Senator hirono i think i covered my point well. You were not listening. Senator cruz she declined to speak. That is the position of the Democratic Party. Of the seven Democratic Senators who spoke, not one of
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