The Department of Homeland Security has compiled “intelligence reports” on journalists who published leaked documents from the department while covering the protests in Portland.
The Office of Intelligence and Analysis within the department circulated reports on a journalist for the New York Times, Mike Baker, and Benjamin Wittes, the editor in chief of the blog Lawfare, both of whom had published leaked information about the department. The circulated “intelligence reports” were obtained by the Washington Post.
This type of report is typically used to share information between agencies, state governments, and foreign governments. The documents are unclassified, but they are usually not produced for individuals participating in constitutionally protected activities, such as reporting.
A department official said that the “intelligence reports” complied with the law and established department rules.
“The Open Source Intelligence Reports were produced under pre-established classified intelligence reporting requirements that are developed through a rigorous process to include legal and Intelligence oversight guidelines,” a representative for the department said.
John Sandweg, a former acting general counsel for the department, said it was “incredibly dumb” to make such reports on the two journalists.
“This has no operational value whatsoever,” he said. “This will just damage the intelligence office’s reputation.”
Wittes said he is considering his legal options.
“It’s not the sharing of my tweet that’s disturbing. It’s the construction of it as an intelligence report on a U.S. person that’s disturbing,” he said, later adding, “I’m considering my legal options and will have more to say about this at a later date.”
