The following podcast contains advertising.

To access an ad-free version of the LawFair podcast,

become a material supporter of LawFair at patreon.com slash law fair.

That's patreon.com slash law fair.

Also, check out LawFair's other podcast offerings,

rational security, chatter, law fair no bull, and the aftermath.

There's no law enforcement authority in virtually any homeland security sub agency that extends to state law.

And so, you know, what I think is the move here that is both ominous and unjustified is the move to treat both relatively minor federal crimes

and perhaps even some state offenses as the kinds of threats to homeland security that all of these statutory authorities then trigger various responses to,

in a context in which, you know, there's no suggestion outside of maybe right-wing media that local authorities are unwilling or unable to enforce the relevant federal statutes.

I'm David Priss and this is the LawFair podcast July 21st, 2020.

Yesterday, LawFair published an article revealing and analyzing a document from the Department of Homeland Security offering legal guidance to analysts in its office of intelligence and analysis,

regarding the appropriate intelligence activities to mitigate the threat to monuments, memorials, and statues, among other things.

To discuss this new information and its implications, we assembled in the virtual jungle studio not only the two authors of that article,

LawFair's editor-in-chief Benjamin Widis and University of Texas law professor Steve Vladik, but also Carrie Cordero, senior fellow in General Counsel at the Center for New American Security,

who has researched and written extensively on DHS authorities and policies.

And Paul Rosenzweig, senior fellow for National Security and Cybersecurity at the R Street Institute and himself a former Deputy Assistant Secretary for Policy at DHS.

It's the LawFair podcast July 21st, the expanded intelligence activities of the Department of Homeland Security.

Ben, start us off. Today, LawFair posted an article DHS authorizes domestic surveillance to protect statues and monuments.

What is this all about? What information came forward and what does it indicate?

Well, yesterday evening, I received a copy of a guidance document, which was sent to the DHS office of intelligence analysis, which purports to give legal guidance regarding collection retention and distribution of intelligence in connection with the protests that are going on.

The specific context appears to be Portland, although it is not 100% clear from the document that that's what generated it.

...