Report finds little-known security unit in Commerce abused power and investigated employees of Chinese or Southeast Asian ancestry for years
The ITMS abused its power and opened âfrivolous investigationsâ on employees âwithout evidence suggesting wrongdoing for the purpose of exaggerating the unitâs ability to uncover security threats within the civil service,â according to the report published Tuesday.
The unit was created during the George W. Bush administration to provide security services to the secretary of Commerce, according to the report. It began regularly conducting criminal investigations related to threats against the secretary and departmental assets. Eventually the unit started using âcounterintelligence tools to gather information about both foreign visitors and U.S. citizens,â according to the report, and it did this until early in the Biden administration âdespite not having authorization to perform law enforcement activities.â
The unit had âpoor management and weak oversightâ and âdeficient policies and procedures outlining the unitâs investigative capabilitiesâ that led to some of the instances of misconduct and abuses of power, according to the report.
In one example cited in the report, the ITMS investigated an award-winning Chinese-born scientist employed at the department on accusations of espionage and providing false statements. According to the report, the unit interrogated her for hours and referred the matter to the FBI, which then drafted a criminal referral to federal prosecutors. After she was arrested, officials dropped all of the charges.
The report also said in some cases, the investigations resulted in âcovertâ warrantless searches involving âidentity-concealing tactics,â such as the use of facemasks, latex gloves and shoe coverings. The report found the unit also confiscated work phones and computers and picked the locks of offices and personal storage containers. According to the report, âfederal prosecutors regularly dismissed criminal referrals from the ITMS based on identifiable flaws in methods the unit relied upon to obtain evidence.â
One unnamed former senior Commerce Department official cited in the report said they believed this unitâs abuse of power was a result of tense relations between the United States and Chinese governments. The official said they believed that the ITMS did this to counter any attempt at espionage from within the Commerce Department.
The official said the unitâs targeting of Chinese-Americans was a âfine line between extra scrutiny and xenophobia, and one that ITMS regularly crossed,â according to the report.
George Lee, the unitâs longtime director, is cited throughout the report. CNN has reached out to Lee for comment. The New York Times reported he has been placed on leave.
The Department of Commerce did not immediately respond to CNNâs request for comment on the report and Leeâs employment status.
âIt is my duty to ensure that we hold agencies accountable, especially when whistleblowers come forward with information suggesting chronic abuses of power,â Wicker said in a statement with the report. âCongress has a defined role in performing oversight, and I intend to make sure that the federal agencies operate within the proper bounds.â
Wicker launched the investigation in February after the whistleblowers reported abnormal activities involving âabuse of authority, mismanagement and reprisal againstâ the employees in the department, according to the Senate committee.
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