Today, America First Legal (AFL) achieved victory in its lawsuit on behalf of former Ambassador Ric Grenell against the Biden Administration’s so-called “Homeland Intelligence Experts Group.” Conceding defeat, the Biden Administration has agreed to disband this illegal Group and provide its records to AFL.
DHS formed the “Homeland Intelligence Experts Group” in September 2023 to “provide advice and perspectives on intelligence and national security efforts.” However, it was not intended to provide unbiased, expert advice to advance the Department of Homeland Security’s mission. Instead, it was a deeply partisan group designed to provide top cover for the Department’s radical agenda under Secretary Mayorkas.
As AFL previously shared when announcing the lawsuit, members included:
- John Brennan and James Clapper are two of the leaders in the “Letter of 51” who used their “intelligence credentials” to mislead the American public on the veracity of the Hunter Biden laptop story ahead of the 2020 election. They stated that it had “all the classic earmarks of a Russian information operation,” despite the FBI having validated its authenticity the prior year.
- Francis Taylor, a former Obama Administration official who has made at least 650 political contributions, totaling over $32,000, all to the Democrat Party or Democrat candidates for office.
- Asha George, Rajesh De, Caryn Wagner, and Elisa Massimino, who have made a combined 179 political contributions totaling $60,000 given exclusively to Democrat candidates for political office. In fact, of the combined political contributions of those named to the group, over 98% went to Democrats. Just 1% went to Republican candidates for office.
Immediately after DHS formed the Group in September 2023, Senators Rand Paul (R-KY), Rick Scott (R-FL), Ron Johnson (R-WI), and Roger Marshall (R-KS) sent a letter to Secretary Mayorkas demanding “DHS immediately rescind the appointments of these known purveyors of disinformation to the Homeland Intelligence Experts Group.”
Senator Josh Hawley (R-MO) also sent a letter demanding Secretary Mayorkas terminate the group “led by at least three individuals who helped suppress the Hunter Biden laptop story preceding the 2020 U.S. presidential election.” In the House of Representatives, Representative August Pfluger (R-TX) introduced H.R. 5729 to prohibit the use of federal funds in the Homeland Intelligence Experts Group or any other group established to carry out equivalent activities, following a letter sent by Representatives Mark E. Green, M.D. (R-TN) and Pfluger in their capacities as Chairmen of the House Committee on Homeland Security and the House Subcommittee on Counterterrorism, Law Enforcement, and Intelligence, respectively.
In November 2023, representing former Ambassador and Acting Director of National Intelligence Richard Grenell and itself, AFL–in partnership with co-counsel Christopher Mills–sued the Department of Homeland Security (DHS) and Secretary Alejandro Mayorkas. AFL alleged that the group comprised of partisan actors violated the Federal Advisory Committee Act for various reasons–including its lack of balance, the Biden Administration’s inappropriate influence over it, and its lack of public notice and participation, among other things.
In avoiding further litigation in this case, DHS agreed to (1) disband the “Homeland Intelligence Experts Group,” and (2) provide AFL with access to its records. Accordingly, DHS and AFL agreed to dismiss the case.
This is the second illegal FACA that the Biden Administration has agreed to disband following a lawsuit filed by AFL. In December 2022, the Department of Education disbanded its illegal Parents Council following legal action brought by AFL on behalf of its clients, Parents Defending Education and Fight for Schools and Families.
Statement from Stephen Miller, President of America First Legal:
“Thanks to the courage of Ric Grenell in standing up to the Deep State, we have just achieved an unqualified legal victory over Mayorkas and Biden. As a result of our lawsuit in federal court, DHS is surrendering in total to our demands: they are closing down their new partisan intelligence board featuring Clapper and Brennan — which would have been used to promote censored, unethical spying, and gross civil rights invasions of political enemies — and they are surrendering their documents, handing them over to our possession. We won. We beat Biden and DHS.” said Stephen Miller.
Statement from Former Ambassador and Acting Director of National Intelligence, Ric Grenell:
“The partisanship and corruption coming out of the Biden Administration must be challenged in court, not just through public complaining. Stephen Miller’s America First Legal is doing just that – taking the Biden Administration to court when they manipulate the law for their personal political gain. Thank God Stephen created this organization. DHS just surrendered because they knew the America First Legal team was right, and Biden’s team broke the law.” said Ric Grenell.
Read the joint dismissal notice here.
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