What is DHS?

Over the past 18 months, Feinberg observes that the most indefensible law enforcement and national-security actions have been carried out by DHS rather than by older, more established agencies, which he says is not a coincidence.

“I don't think it's a coincidence that the overwhelming what I will call indefensible law enforcement or national security actions over the past 18 months or so have been largely done by DHS and not by some of the older, more staid organizations.”

The FBI has no use-of-force continuum, only a deadly force policy, while DHS agencies do have a continuum, creating a structural gap in how the two institutions can respond to varying threat levels.

“The FBI famously does not have a use of force continuum. We have a deadly force policy. like we don't have a lot of options. If our life is in danger, we can draw our weapon and, you know, shoot somebody. If somebody's just being annoying, we have less than lethal techniques, but you know, it's not always clear what you can do. DHS, on the other hand, depending on what agency you're in within the department, does have a use of force continuum.”

National Guard personnel receive far less Fourth Amendment training than FBI agents (21 weeks) or DHS agents (47 days).

“Whatever training the National Guard is getting, I feel quite confident they didn't get the 21 weeks of training on the Fourth Amendment and its various nuances that I got in the FBI or the DHS agents are apparently getting in 47 days now.”

The US presidential memo authorizing private companies to conduct offensive cyber operations makes those companies government agents under DOJ and DHS oversight, not vigilante actors, contrary to how the policy is often characterized.

“I don't think this is this memo or this program is focused on sort of vigilante justice of you can do whatever you want as long as you're preventing a cyber attack in the US.”