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"Sunlight remains the best disinfectant for falsehoods," said one open government advocate.
A memo released Monday by the Trump administration in response to a Freedom of Information Act request confirmed that U.S. intelligence agencies never agreed with President Donald Trump's claim in March that Venezuelan President Nicolás Maduro controls the criminal gang Tren de Aragua—an assertion that was used to justify sending hundreds of migrants to a notorious Salvadoran prison.
The document said that "while Venezuela's permissive environment enables TDA to operate, the Maduro regime probably does not have a policy of cooperating with TDA and is not directing TDA movement to and operations in the United States."
Trump's claim about Maduro's connection to the group had been called into question by The New York Times in March, after Trump invoked the Alien Enemies Act for only the fourth time in U.S. history. The law empowers the federal government to summarily expel citizens of a country that is at war with or invading the United States.
The Times reported at the time, based on interviews with officials, that the intelligence community's findings about Tren de Aragua were "starkly at odds" with Trump's claims. The anonymous officials said the gang was not taking orders from Maduro's government.
That reporting prompted the U.S. Justice Department to open a criminal investigation into the "selective leak of inaccurate" information to the Times, with the Trump administration criticizing the Times for its "misleading" report.
Attorney General Pam Bondi also said in an April memo that the department would roll back press freedom protections in leak investigations after The Washington Postreported on the memo that was declassified Monday. The Post reported on the document from the Office of the Director of National Intelligence in mid-April when it was still classified.
"The declassification proves that the material should have been public from the start—not used as an excuse to suppress sharing information with the press," Lauren Harper, the Daniel Ellsberg chair on government secrecy at the Freedom of the Press Foundation, told the Times. The group filed the FOIA request for the memo, dated April 7, to be released.
A declassified ODNI memo disclosed in response to a @Freedom.Press FOIA request confirms a @nytimes.com report from March: U.S. intel agencies rejected the claim Trump made to justify deporting Venezuelans to a prison in El Salvador. www.nytimes.com/2025/05/05/u...
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— Alexander Howard (@digiphile.bsky.social) May 5, 2025 at 10:27 PM
The memo noted that the FBI partially dissented with the intelligence community's findings about Tren de Aragua.
Analysts at the FBI agreed with the agencies' overall assessment but believed "some Venezuelan government officials facilitate [Tren de Aragua] members' migration from Venezuela to the United States and use members as proxies in Chile, Colombia, Ecuador, Peru, and the United States to advance what they see as the Maduro regime's goal of destabilizing governments and undermining public safety in these countries."
"Most" of the intelligence community "judges that intelligence indicating that regime leaders are directing or enabling [Tren de Aragua] migration to the United States is not credible," the memo reads.
Intelligence agencies also noted in the memo that detainees accused of being members of the gang could have been motivated "to make false allegations about their ties to the Venezuelan regime in an effort to deflect responsibility for their crimes and to lessen any punishment by providing exculpatory or otherwise 'valuable' information to U.S. prosecutors."
Analysts said they had not collected information about communications or funding exchanges between Venezuelan officials and leaders of Tren de Aragua.
"So you mean kidnapping folks off the streets and sending them to a foreign gulag was not justified by our own intelligence?" said the Arkansas Justice Project. "They just made shit up to dog whistle their base. The AEA argument was never legitimate and they knew it all along."
After the memo was released, Director of National Intelligence Tulsi Gabbard said it was "outrageous that as President Trump and his administration work hard every day to make America safe by deporting these violent criminals, some in the media remain intent on twisting and manipulating intelligence assessments to undermine the president's agenda to keep the American people safe."
Courts, including the U.S. Supreme Court, have blocked the Trump administration from sending more migrants to El Salvador under the Alien Enemies Act, and the ACLU last month asked a federal judge to facilitate the return of all Venezuelans sent to the country's Terrorism Confinement Center to ensure they have due process via immigration hearings.
But judges hearing cases regarding Trump's mass deportations under the Alien Enemies Act have not yet questioned the administration's debunked claims about Tren de Aragua and the Maduro government.
Writer and open government advocate Alexander B. Howard said the release of the memo proves that "sunlight remains the best disinfectant for falsehoods."
"And we are bringing this case to make sure that they can't just put national security at risk for their own convenience and then destroy all the evidence afterwards," said the head of the group that filed the lawsuit.
As the Trump administration faces a metastasizing controversy over reports of U.S. Secretary of Defense Pete Hegseth's use of the commercial messaging app Signal, including to discuss U.S. strikes in Yemen, the legal group National Security Counselors on Friday sued on behalf of a journalist to secure three months worth of conversations that took place on the encrypted platform.
According to The Hill, which was first report the news of the lawsuit, the complaint requests Hegseth's Signal messages and the messages from other top Trump officials.
The plaintiff in the lawsuit is journalist Jeffrey Stein, the founding editor of the outlet SpyTalk. Stein sought the three months worth of chat records via Freedom of Information Act request and is now taking legal action to obtain them, according to the complaint, which was filed in federal court.
News about my Signalgate iceberg lawsuit for @spytalker.bsky.social: it's OUT!
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— National Security Counselors 🕵 (@nationalsecuritylaw.org) April 25, 2025 at 12:35 PM
"The heads of at least five of the most powerful agencies in the national security community were freely texting over an app that was not approved for sensitive communications and setting it to automatically delete everything they said," Kel McClanahan, executive director of National Security Counselors, told The Hill. "Since then we've learned that we were right to be worried, thanks to the news about Hegseth's Signal chat with his wife and personal lawyer about bombing plans."
In what's now become known as "Signalgate," The Atlanticrevealed last month that its editor in chief Jeffrey Goldberg had been accidentally included in a Signal group chat with top administration officials where they discussed forthcoming U.S. strikes on Houthi targets in Yemen. The Atlantic later published messages from the chat.
Members of the chat, dubbed "Houthi PC small group," included Hegseth; National Security Adviser Mike Waltz; Vice President JD Vance; CIA Director John Ratcliffe; Secretary of State Marco Rubio; Treasury Secretary Scott Bessent; and Director of National Intelligence Tulsi Gabbard.
The defendants listed in the lawsuit from the National Security Counselors are the Department of Defense, the State Department, the Treasury Department, the CIA, and the Office of the Director of National Intelligence.
The New York Timesreported last week that Hegseth had shared information about impending U.S. strikes in Yemen in another Signal group chat included his wife, brother, and personal lawyer on March 15. The outlet cited four unnamed sources with knowledge of the matter.
In response to the Times' reporting, a spokesperson for the Pentagon wrote on April 20: The the newspaper "relied only on the words of people who were fired this week and appear to have a motive to sabotage the secretary and the president's agenda. There was no classified information in any Signal chat, no matter how many ways they try to write the story."
The Times responded a day later saying that it stood by the reporting, that the Pentagon had not denied the existence of the chat, and that the story did not characterize the information in the chat as classified.
In yet another twist, The Associated Pressreported Thursday, citing two unnamed sources familiar with the situation, that Hegseth had an internet connection set up in his office at the Pentagon that bypassed government security protocols—also known as a "dirty" line—in order to use Signal on a personal computer.
The AP reported that the advantage of this kind of a line is that a user would be essentially "masked" and not show up as an IP address assigned to the Defense Department, but it would also leave that user vulnerable to hacking.
Speaking of the lawsuit filed by National Security Counselors, McClanahan toldThe Hill that "this administration has proven again and again that it is allergic to accountability and transparency."
"And we are bringing this case to make sure that they can't just put national security at risk for their own convenience and then destroy all the evidence afterwards," he added.
"This expansion is a disastrous waste of billions of taxpayer dollars that will only line the coffers of the private prison industry," said one ACLU attorney.
The ACLU on Friday revealed new details about the Trump administration's plans to expand Immigration and Customs Enforcement detention centers in 10 states across the nation, with private prison corporations—whose share prices soared after the election of President Donald Trump—seeking to run at least a half dozen proposed ICE facilities.
The documents, obtained via a Freedom of Information Act request, "signal a massive expansion of ICE detention capacity—including at facilities notorious for misconduct and abuse—which echo reports earlier this week that the Trump administration has sought proposals for up to $45 billion to expand immigrant detention," ACLU said.
"The discovery also comes on the heels of a 'strategic sourcing vehicle' released by ICE earlier this month, which called for government contractors to submit proposals for immigration detention and related services," the group added.
The more than 250 pages of documents obtained by the ACLU "include information regarding facility capacity, history of facility use, available local transport, proximity to local hospitals, immigration courts, and transport, as well as access to local consulates and pro bono legal services."
"Specifically, the documents reveal that Geo Group, Inc. (GEO) and CoreCivic submitted proposals for a variety of facilities not currently in use by ICE," ACLU said.
These include:
GEO, CoreCivic, and Management Training Corporation (MTC) "also sought to renew contracts at current ICE detention facilities" in California, Nevada, New Mexico, Texas, and Washington, according to the files.
"The documents received provide important details regarding what we have long feared—a massive expansion of ICE detention facilities nationwide in an effort to further the Trump administration's dystopian plans to deport our immigrant neighbors and loved ones," said Eunice Cho, senior staff attorney at the ACLU's National Prison Project.
"This expansion is a disastrous waste of billions of taxpayer dollars that will only line the coffers of the private prison industry," Cho added.
Indeed, GEO shares have nearly doubled in value since Trump's election, while CoreCivic stock is up 57% over the same period.
Unlike state prisons or country and local jails, which are accountable to oversight agencies, privately operated ICE detention centers are not subject to state regulation or inspection. And although Department of Homeland Security detainees are not convicted criminals and ICE detention centers are not technically prisons, the facilities are plagued by a history of abuse, often sexual in nature, and sometimes deadly.
During Trump's first term, groups including the ACLU sounded the alarm on the record number of detainee deaths in ICE custody, and scandals—including the separation of children from their parents or guardians and forced sterilization of numerous women at an ICE facility in Georgia—sparked widespread outrage and calls for reform from immigrant rights defenders.
However, abuses continued into the administration of former President Joe Biden, including "medical neglect, preventable deaths, punitive use of solitary confinement, lack of due process, obstructed access to legal counsel, and discriminatory and racist treatment," according to a 2024 report published by the National Immigrant Justice Center. Biden also broke a campaign promise to stop holding federal prisoners and immigration detainees in private prisons.
Since Trump took office in January after being elected on a promise to carry out the largest deportation campaign in U.S. history, fresh reports of ICE detainee abuse and poor detention conditions have been reported. These include
alleged denial of medical care, insufficient access to feminine hygiene products, and rotten food at the South Louisiana ICE Processing Center in Basile, Louisiana, where Tufts University Ph.D. student and Palestine defender Rümeysa Öztürk is being held without charge.