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A decision by US House Intelligence Committee (HPSCI) chair Mike Turner to sound the alarm over space-based Russian military research was far more extraordinary than previously reported.
A WIRED review of an internal messaging system used by the United States Congress shows that HPSCI rarely sends members invites to review classified documents and has not—in at least 15 years—alarmed lawmakers by announcing an “urgent” threat against the United States.
The Dear Colleague system is widely used by congressional committees and lawmakers individually to circulate internal memos, invites, and other announcements. This week, WIRED obtained all messages sent House-wide by HPSCI since 2009. Copies of Dear Colleague messages sent since then are backed up by the system. The source of the messages was granted anonymity because their disclosure was not authorized.
The messages reveal that only on a handful of occasions has HPSCI sent letters informing members of classified documents available for review. Of those, none had previously demanded “urgent” attention.
The urgency with which Turner and other HPSCI members characterized the disclosure—only later revealed to concern Russian military research—has been downplayed by fellow lawmakers and Biden administration officials. As a result, criticism has fallen on Turner over the announcement, which generated a slew of provocative headlines and gave life to vague concerns by US officials over the protection of classified sources and methods.
A Washington Post headline that remains visible to users on Google wildly declares: “U.S. officials say Russia has deployed a nuclear weapon in space.” Covering the story for CNN, national security reporter Jim Sciutto was far more tempered, telling TV viewers: “This is something that Russia is experimenting with, looking into designing. This is not a clear and present danger.”
Democratic representative Seth Moulton, who serves on the Armed Services Committee, lambasted Turner during the same CNN segment, labeling him an “intelligence leaker.” Moulton added that two years had passed since he’d first been briefed on the Russian research. “I haven’t had a problem keeping it a secret,” he said.
WIRED reported on Friday that sources on Capitol Hill had begun accusing Turner and his Democratic counterpart on HPSCI, Jim Himes, of issuing the disclosure to influence a vote happening simultaneously to reauthorize a controversial surveillance program, Section 702 of the Foreign Intelligence Surveillance Act (FISA). Turner and Himes, after both signing the “Dear Colleague” message the night before, failed to appear at a Rules Committee hearing on Wednesday just as news of the Russian threat went viral.
House speaker Mike Johnson abruptly canceled the vote shortly after, under what sources describe as intense pressure from Turner.
HSCPI spokesperson Jeff Naft—who did not respond to an inquiry prior to WIRED’s story on Friday—later refuted the allegation, calling the implication of ties between the surveillance vote and the Russian intel “way off base.”
The spokesperson said it was a screenshot of HPSCI’s Dear Colleague letter—posted by reporters online less than a day after it was sent—that forced Turner to issue a press release about the supposed Russian threat.
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Turner’s press release notably went further than HPSCI’s letter, pressing US president Joe Biden to personally “declassify all information” concerning the threat. The next day, Turner issued a second statement declaring he’d worked closely “with the Biden administration” before notifying Congress. Naft, the HPSCI spokesperson, clarified by email that Turner had worked with the Office of the Director of National Intelligence on the language describing the threat contained in the Dear Colleague letter. (Naft stressed Turner had “NEVER” stated he’d cooperated with the White House.)
Turner’s second statement added that HPSCI had voted 23–1 to make the disclosure. According to the committee’s own rules, a vote is not required to bring classified material to the attention of the chairmen and ranking members of other committees; only House-wide alerts require a vote. It is unclear which HPSCI member voted against the disclosure, as no official roll call was taken.
A senior congressional source tells WIRED the Dear Colleague letter was always destined to cause panic. It is widely understood that the letters are not a secure form of communication and are often disclosed to reporters and others working off the Hill.
Only four times in the past decade and a half, according to WIRED’s review of the system, has HPSCI used a Dear Colleague letter to draw attention to classified material—outside of routine budgetary concerns.
The first such message is dated March 2009 and pertains to two classified Central Intelligence Agency (CIA) reports. The subject of the reports is undeclared. A second letter was issued by HPSCI and signed by former congressperson Devin Nunes on January 10, 2017, informing members of a classified report on “Russian activities and intentions in the recent US election.”
Neither letter is marked urgent.
A third letter informing members about the option to review classified material is dated February 24, 2010; however, it makes clear the material was made available at the request of the intelligence community (IC). It is one of numerous letters in which HPSCI is seen lobbying on the spy agencies’ behalf—in this case, to support a renewal of the 9/11-era USA PATRIOT Act, today defunct due to a lack of support in Congress.
A plurality of HPSCI’s Dear Colleague letters are aimed at whipping support for bills that reauthorize or advance US spy powers. Others urge lawmakers to vote against legislation that would enhance Americans’ privacy protections. One such letter reads simply: “Don’t Handcuff the FBI and Intelligence Community.”
Six other letters are invitations to classified briefings held by intelligence agencies. HPSCI routinely acts as a mediator between the agencies and members of Congress, arranging briefings and other events on the intelligence community’s behalf.
HPSCI sent an additional three Dear Colleagues letters the morning after its “urgent” warning about Russia went out: Each asked members to support various amendments to a FISA bill during an upcoming vote that HPSCI’s chair was, simultaneously, working to get called off.
Sources told WIRED that Johnson’s decision to delay the vote on FISA came amid a sudden threat by Turner to kill the bill the moment it got to the floor. Turner was motivated to stop the bill’s progress at any cost, they said, due to the growing odds of a rival committee passing amendments of their own—to dramatically curtail the FBI’s domestic surveillance abilities.
Updated 2/22/2024, 3:55 pm EST: Clarified the procedural requirements for bringing classified information to the attention of members of the House of Representatives.
