ICYMI Video: Whistleblower Confirms Trump ICE Official Lied About Secret Memo Authorizing Federal Agents to Enter Homes Without a Judicial Warrant

[WASHINGTON, DC] - In case you missed it, U.S. Senator Richard Blumenthal (D-CT), Ranking Member of the Permanent Subcommittee on Investigations (PSI), yesterday held a public forum to receive public testimony from Ryan Schwank, a whistleblower who spoke publicly for the first time about his experience as an instructor for the incoming "surge" of new Immigration and Customs Enforcement (ICE) recruits at the Federal Law Enforcement Training Center ("FLETC") in Glynco, Georgia. At the forum, Schwank confirmed to Blumenthal that a policy memo permitting ICE officers to circumvent the privacy protections in the Constitution's Fourth Amendment and enter Americans' homes without a judicial warrant was kept secret-contradicting ICE Acting Director Todd Lyons's testimony that the memo was widely distributed to ICE personnel.

When asked by Blumenthal if he was taught or told to train ICE officers in accordance with the memo, Schwank confirmed, "Yes. On the very first day I arrived at Glynco to teach, I was told that we were to instruct cadets to follow the instructions in this memo, but that we would not write down any of those instructions, that we would not keep a record, that we taught it to them."

When asked by Blumenthal if he was instructed not to reveal the memo, Schwank confirmed, "Yes, I was told not to discuss this memo. In fact, when it was shown to me, I was told not to take notes on it, that I was not allowed to write down any part of it. And for the record, as an attorney for ICE and someone who routinely receives memos and memoranda issued by the agency, this had never crossed my desk before I arrived at the academy."

Earlier this month, Blumenthal pressed Lyons about the memo at a hearing in the Senate Homeland Security and Governmental Affairs Committee.

In response to questions from Blumenthal about why the memo was kept secret, Lyons said, "Sir, I didn't keep it a secret. If sending an email to a workforce of 30,000 people is keeping something secret, it is a bad secret."

Lyons also made a commitment to Blumenthal that he would "work with your committee or your staff" to provide Blumenthal a copy of the email. ICE has yet to provide a copy of the email despite Blumenthal's request.

A video of Blumenthal's exchange with Schwank at yesterday's forum is available here. The full transcript is available below.

U.S. Senator Richard Blumenthal (D-CT): Thank you, Congressman Garcia. I'm going to hold up two posters. One of them you've just seen is what happened at your home. The other is of a memo. Mr. Schwank, I think you'll recognize this memo. It is a memo written by Acting Director Lyons. We've seen it before at this hearing. It says, in effect, ICE officers should violate the Fourth Amendment. Were you taught or told that you should train ICE agents in accordance with this memo?

Ryan Schwank: Thank you, Senator. Yes. On the very first day I arrived at Glynco to teach, I was told that we were to instruct cadets to follow the instructions in this memo, but that we would not write down any of those instructions, that we would not keep a record, that we taught it to them.

Blumenthal: That's a critical point, because I asked Acting Director Lyons whether this memo was distributed, and he said, in fact, that it was with an email that so far they have failed to produce. What you're saying is that you were told not to reveal it. Correct?

Schwank: Thank you, Senator. Yes, I was told not to discuss this memo. In fact, when it was shown to me, I was told not to take notes on it, that I was not allowed to write down any part of it. And for the record, as an attorney for ICE and someone who routinely receives memos and memoranda issued by the agency, this had never crossed my desk before I arrived at the academy.

Blumenthal: So in effect, you were told, as an instructor on the law that you were to train ICE agents how to break the law. I think every American should be absolutely horrified by that fact. And you were not alone. This memorandum was the basis for training ICE agents generally-hundreds, thousands of them, during this fiscal year.

Let me ask you about topics that there were practical exams on, and I'm going to show you another chart which, in effect, and you've seen it, It's difficult to decipher in this form, but it depicts the topics of exams, that were given practical exams and coursework. You've testified as to the reduction, is it a fact that there was an elimination, not just a reduction in hours of training by almost half, but also on critical substance matters, topics that should have been trained?

Schwank: Thank you, Senator, that is accurate. What you're looking at on those two charts, the shorter one is the amount of testing that's given now in practical exams, the longer one are the practical exams that were given by ICE in its training program before the current surge training course. Those exams that you see there, the longer list, every single one of those was designed to test whether or not cadets could apply in the real world the things they were learning in the academy, vital lessons on things like how to use their firearm safely, how to encounter an individual they intended to detain, much like Miss Gibson Brown's husband. Classes that teach them how to do their job safely and lawfully were removed from testing, and what testing was left was reduced or essentially neutered by the way it was given-tests that were designed and written to be closed book where cadets were tested on what they could remember. Because again, go back to, I said this earlier, officers have a split second to decide something. So everything we do is oriented to giving them that split second to act, and they have to know everything for it. We took away the ability to test whether they could.

Blumenthal: But what those ICE officers did to Miss Gibson Brown, what they did to countless people in Minneapolis, what they are continuing to do across the country was not the result of split-level decisions. It was the result of a conscious, purposeful, deliberate policy, carefully taught and trained. And in fact, the reduction in training, for example, on pistol use, on use of force, on other vital topics was regrettable, but the effects were truly shocking. Let me ask you, because just in the time that we've released these documents, DHS has come forth with a statement. I'm going to quote it, "Under these new improvements, candidates still learn the same elements and meet the same high standards ICE has always required. No subject matter has been cut." Is that statement accurate, Mr. Schwank?

Schwank: Senator, that statement is not accurate. Not even the slightest sense.

Blumenthal: It is untrue. Would you agree?

Schwank: Sir, I would call it a lie.

Blumenthal: Congressman Garcia, if you would call on someone from your side.

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