The Biden administration has agreed to wind down the Homeland Intelligence Experts Group after facing a lawsuit from a conservative legal nonprofit arguing that it was in violation of federal law. The group, announced by DHS Secretary Alejandro Mayorkas in September, was made up of figures from the private sector who provided perspectives on the government’s intelligence and national security efforts. Critics claimed the board was not neutral but instead partisan, pointing to figures like former Director of National Intelligence James Clapper and former CIA Director John Brennan who they deemed objectionable due to their involvement in questioning the veracity of the Hunter Biden laptop story. The lawsuit, filed by America First Legal, alleged that the group’s bias violated the Federal Advisory Committee Act, citing a lack of balance, public notice, and inappropriate influence by the Biden administration.
America First Legal found that of all political contributions made by the individuals named to the group, only 1% went to Republicans while 98% went to Democrats. Multiple Republican lawmakers had sent a letter to Mayorkas demanding the withdrawal of appointments for those they deemed “purveyors of disinformation.” America First Legal, representing itself and former acting Director of National Intelligence Richard Grenell, filed the lawsuit against DHS in November. In response to the lawsuit, DHS agreed to wind down the group, stating that it did not violate the FACA but agreed to disband it, and provide meeting agendas and minutes with identifying information redacted. AFL agreed to dismiss the lawsuit, while DHS reserved the right to create an advisory committee under FACA provisions. Conservative plaintiffs hailed the agreement as a victory, with Stephen Miller calling it a win over Mayorkas and Biden and asserting that they had “beat Biden and DHS.”
Acknowledging the agreement as a win, Stephen Miller, President of America First Legal and former senior Trump White House advisor, stated that the group’s closure, featuring figures like Clapper and Brennan, would have been used to promote censorship, unethical spying, and civil rights invasions of political enemies. Richard Grenell stated that DHS “surrendered” because they had broken the law, according to the America First Legal team. Despite the victory, DHS did not immediately respond to a request for comment on the matter. The joint notice and stipulation of dismissal outlined that the Experts Group would be wound down within 30 days of the order and would not hold future meetings. The Department also agreed not to reconstitute the group in a way that was inconsistent with the FACA or the Homeland Security Act of 2002.
The Experts Group closure follows months of criticism and controversy surrounding its composition and potential violations of federal law. With just 1% of political contributions going to Republicans and 98% going to Democrats among those named to the group, concerns were raised about its partisanship. The lawsuit by America First Legal alleged a lack of balance, public notice, and inappropriate influence by the Biden administration, in violation of the Federal Advisory Committee Act. The agreement to wind down the group was seen as a victory by conservative plaintiffs, who regarded the closure as a win against Mayorkas and Biden. Despite DHS maintaining that the establishment and operation of the group did not violate the FACA, they agreed to shut it down and provide relevant documents to the plaintiffs.
