2. The complaint makes a compelling case that former DHS Secretary Kirstjen Nielsen repeatedly and deliberately lied to Congress to exaggerate the threat at the border.

Murphy said that the secretary purposely tried to blur the distinction between "Known or Suspected Terrorists" (KSTs) and other categories of migrants, thereby misleadingly suggesting the border posed a greater threat of terrorism than it actually does. Even after he explained these distinctions to Nielsen, Murphy said, she consistently misled Congress about the matter:

Prior to Secretary Nielsen's testimony before the House Judiciary Committee on December 20, 2018, Mr. Murphy attended a preparation session that went over the information within the proposed testimony. During that session, Mr. Murphy sought to clarify for Secretary Nielsen the distinction between a KST and a Special Interest Alien ("SIA"). An SIA is a term of art created by U.S. Customs and Border Protection meant to describe a category of migrants who come from countries where there is a significant terrorism threat but regarding whom there is no individualized basis for suspecting the person is themselves a terrorist. An SIA does not constitute a KST.

Notwithstanding the clarification provided by Mr. Murphy, he has a good faith belief that the testimony Secretary Nielsen subsequently provided on December 20, 2018, regarding KSTs constituted a knowing and deliberate submission of false material information. This assessment formed the basis of the anonymous OIG complaint Mr. Murphy submitted on November 2, 2018. On January 9, 2019, without consulting with Messrs. Glawe or Murphy, DHS issued a document - apparently crafted by Messrs. Wolf and Taylor, and Ms. Marquadt - entitled "Myth/Fact: Known and Suspected Terrorists/Special Interest Aliens". The document contained erroneous information regarding the number of KSTs and SIAs encountered along the southwest border.

On March 5, 2019, Mr. Murphy participated in another preparation session with Secretary Nielsen, this time in advance of her testimony before the House Committee on Homeland Security. Messrs. Wolf and Taylor were also present. During the session, Mr. Murphy provided Secretary Nielsen with documentation reflecting that the number of documented KSTs crossing the southwest border only consisted of no more than three individuals, not 3,755 individuals as she had previously attested to in her testimony on December 20, 2018. 3 Mr. Wolf and Mr. Taylor responded by saying Secretary Nielsen should claim the details were classified, state any KST crossing was one too many and deflect away from addressing the significant discrepancy in the data. Mr. Murphy advised Secretary Nielsen that he did not believe that was appropriate, and noted that the few "known" KSTs who were apprehended were derivative contacts, in so much as they merely had a name or phone number of a person who was known to be in contact with a terrorist. At that point, Mr. Murphy was removed from the meeting by Mr. Wolf. He then informed Messrs. Glawe and Hanna what transpired that evening.

It is Mr. Murphy's good faith belief that the testimony Secretary Nielsen delivered on March 6, 2019, regarding KSTs again constituted a knowing and deliberate submission of false material information. Mr. Murphy outlined that assessment in his anonymous May 13, 2019, OIG complaint.

3. Acting Deputy Secretary of Homeland Security Ken Cuccinelli illegally tried to distort intelligence reports he viewed as too favorable to asylum seekers, claiming they were concocted by the "Deep State," the complaint said. 

In December 2019, Mr. Murphy attended a meeting with Messrs. Cuccinelli and Glawe to discuss intelligence reports regarding conditions in Guatemala, Honduras, and El Salvador. The intelligence reports were designed to help asylum officers render better determinations regarding their legal standards. Mr. Murphy's team at DHS I&A completed the intelligence reports and he presented them to Mr. Cuccinelli in the meeting. Mr. Murphy defended the work in the reports, but Mr. Cuccinelli stated he wanted changes to the information outlining high levels of corruption, violence, and poor economic conditions in the three respective countries. Mr. Cuccinelli expressed frustration with the intelligence reports, and he accused unknown "deep state intelligence analysts" of compiling the intelligence information to undermine President Donald J. Trump's ("President Trump") policy objectives with respect to asylum. Notwithstanding Mr. Murphy's response that the intelligence reports' assessments were consistent with past assessments made for several years, Mr. Cuccinelli ordered Messrs. Murphy and Glawe to identify the names of the "deep state" individuals who compiled the intelligence reports and to either fire or reassign them immediately.

After the meeting, Mr. Murphy informed Mr. Glawe that Mr. Cuccinelli's instructions were illegal, as well as constituted an abuse of authority and improper administration of an intelligence program.