American Oversight Profile picture
Nov 5, 2021 14 tweets 5 min read Read on X
We recently added many new records to our extensive timeline of the Trump administration’s deliberately cruel family-separation policy.

For #FOIAFriday, we’re drawing attention to the role of former Dept. of Homeland Security Sec. Kirstjen Nielsen.
americanoversight.org/a-timeline-of-…
While Nielsen previously tried to distance herself from the family-separation policy, documents we uncovered through FOIA show her involvement.
On March 3, 2017, Reuters reported that the administration was considering a family-separation proposal. An unidentified person emailed the story to the DHS budget director: “I would be truly grateful if you could tell me this isn’t being seriously considered.”
On March 5, an Appropriations Committee staffer emailed then-CBP Commissioner McAleenan that the committee wanted to be informed before the policy is adopted. McAleenan forwarded the exchange to then-DHS Chief of Staff Nielsen, who asked, “[W]hat is inside story?”
On Dec. 6, 2017, Nielsen was sworn in as DHS secretary. On Dec 11, the ICE chief of staff reported that ICE was asked to take the lead on drafting decision memos for Nielsen on family separation.
On December 27, 2017, then-Chief of Staff Chad Wolf gave Nielsen a list of topics to discuss on a plane ride with White House Chief of Staff John Kelly, including “Border Surge Policy Options – Separate Families.”
In March 2018, Wolf emailed Nielsen: “Ma’am, FYSA – we’re receiving a number of press inquiries regarding an asylum seeking Congolese woman and her child who have been separated." Nielsen replied that this was "one of the stories I asked about last week."
In April 2018, ICE General Counsel John Mitnick emailed Nielsen, Wolf, and others informing them that the HHS-DHS memorandum of agreement was signed. The MOA was about the Unaccompanied Alien Children program.
In May 2018, the Trump administration officially implemented the “zero tolerance” family-separation policy. Then-AG Sessions said, “If you are smuggling a child, then we will prosecute you. And that child may be separated from you as required by law.”
cnbc.com/2018/05/07/tou…
Later that month, Nielsen issued a memo directing “all DHS law enforcement officers at the border to refer all illegal border crossers to DOJ for criminal prosecution to the extent practicable.”
In June, CNN reported that DHS had separated 2,000 children from their parents at the southern border. That same month, Nielsen claimed on Twitter: “We do not have a policy of separating families at the border. Period.”
In August 2018, Nielsen forwarded an exchange with Kelly, Deputy AG Rod Rosenstein & others to top DHS officials. She appears to ask for their thoughts on “what is recommendation on how to mitigate.”
In a hearing before the House Judiciary Committee in December 2018, Secretary Nielsen claimed that the administration had no family-separation policy.
Documents we have obtained provide evidence of a pattern of miscommunication and disorganization within DHS at the same time officials were issuing misleading public statements about the administration’s policies. Explore our full investigation here:
americanoversight.org/investigation/…

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More from @weareoversight

Apr 25
We obtained emails between top Trump administration DHS officials and Ginni Thomas, a conservative activist and wife of the Supreme Court justice.

The emails show Thomas sharing election conspiracies in the days before the 2020 election.
americanoversight.org/document/dhs-c…
Screenshot of an email sent by Ginni Thomas. In part, the email reads: "[Redacted] asked me for links we have all been sharing about the coming insurrection, chaos, and violence. It is not random. It appears very organized if you have the eyes to see and read and hear."
On Oct. 28, 2020 — less than a week before the election — Ginni Thomas sent more than a dozen links to a Google Group called “20024.” “[Redacted] asked me for links we have all been sharing about the coming insurrection, chaos, and violence,” she wrote. Screenshot of an email sent by Ginni Thomas.
“It is not random. It appears very organized if you have the eyes to see and read and hear,” she continued. Thomas asked recipients to add more links and to organize the articles.

An individual (name redacted) created a Google document that organized the various links. Screenshot of an email.
Read 5 tweets
Apr 19
The “constitutional sheriffs” movement is a fringe theory that holds that sheriffs have more law enforcement power in their home counties than any other government body or individual. The movement has brought its work to the election denial space.
theguardian.com/us-news/2024/a…
“Nothing is more dangerous to our democracy than a movement based on election lies promoted by radical law enforcement officials who falsely believe they are the ultimate authority, including on matters of election administration,” our Chioma Chukwu told the Guardian.
We’ve been investigating “constitutional sheriffs,” obtaining the schedule and list of participating fellows at the Claremont Institute’s Sheriffs Fellowship — a November 2022 gathering of some of the most controversial sheriffs in the country.
americanoversight.org/investigation/…
Read 4 tweets
Mar 12
It’s #SunshineWeek, a week that celebrates & promotes access to information and open government nationwide.

Today, we’re highlighting the power of #FOIA with a thread about its past, present, and future. We’re highlighting the power of #FOIA with a thread about its past, present, and future.
President Lyndon B. Johnson signed FOIA into law on July 4, 1966. Records show LBJ personally removed strong language supporting open government from the press statement. He only agreed to sign it after DOJ suggested he include a signing statement.
nsarchive.gwu.edu/briefing-book/…
President Lyndon B. Johnson signed FOIA into law on July 4, 1966. Records show LBJ personally removed strong language supporting open government from the press statement. He only agreed to sign it after DOJ suggested he include a signing statement.
In his signing statement, LBJ praised the importance of openness for democracy and said the legislation affirmed American principles. But he also wrote that he felt some documents shouldn’t be available to the public.
nsarchive2.gwu.edu//nsa/foia/FOIA…
Read 13 tweets
Jan 10
Yesterday, D.C. Circuit heard oral arguments on presidential immunity in Trump’s election interference case.

Judges questioned both sides about our amicus brief arguing the D.C. Circuit lacks jurisdiction to hear Trump’s appeal on his immunity claims. Here’s what that’s about:
In Trump’s federal election interference case, U.S. District Court Judge Tanya Chutkan ruled that Trump is not entitled to immunity from criminal prosecution. Trump appealed the ruling, hoping to delay the trial set for March.
Late last month, we filed an amicus brief that argues that the Court of Appeals for the D.C. Circuit lacks jurisdiction to hear Trump’s immunity appeal until after he is tried by a jury, convicted, and sentenced.
americanoversight.org/american-overs…
Read 7 tweets
Jan 4
As we approach the anniversary of Jan. 6, 2021, former President Trump faces criminal charges for attempting to subvert the election. An amicus brief we filed in this case could thwart his effort to delay his trial until after this year’s election.
latimes.com/opinion/story/…
In the election interference case, U.S. District Court Judge Tanya Chutkan ruled that Trump is not entitled to immunity from criminal prosecution. Trump appealed that ruling, hoping to delay the trial set for March.
Last week, we filed an amicus brief arguing that the D.C. Circuit lacks jurisdiction to hear Trump’s appeal on his immunity claims until after he is tried by a jury, convicted, and sentenced.
americanoversight.org/american-overs…
Read 4 tweets
Dec 15, 2023
For more than a year, we’ve been investigating how the election denial movement led several states to leave ERIC, a nonpartisan organization that helps maintain up-to-date voting lists.

Here’s what our investigation uncovered. #FoiaFriday
americanoversight.org/american-overs…
The same people who tried to overturn the 2020 election worked behind the scenes to influence the ERIC exodus by promoting false claims and conspiracy theories — priming states for post-election chaos that could be used to deny election results in 2024.
americanoversight.org/the-right-wing…
The records we obtained also show that states have scrambled to find viable replacements — none of which provide ERIC’s security, reliability, or effectiveness.
Read 6 tweets

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