DHS warned its independent watchdog that Noem can kill its investigations, senator says
The Department of Homeland Security’s general counsel has warned the agency’s independent watchdog that DHS Secretary Kristi Noem claims she has the authority to unilaterally end their investigations, according to a new letter sent by Illinois Democratic Sen. Tammy Duckworth to Noem.
The DHS Office of Inspector General states that its mission is to “provide objective, independent oversight of DHS programs and operations and to promote excellence, integrity, and accountability within DHS.”
In a meeting with DHS Inspector General Joseph Cuffari, Duckworth learned that the DHS general counsel had repeatedly communicated with the DHS OIG to “remind them” that Noem has the authority to terminate her department’s investigations, according to the letter obtained by NBC News.
Duckworth says she also learned that the IG’s office was also asked on Jan. 29 to disclose “every ongoing audit, inspection and criminal investigation,” which the lawmaker said is “extremely unusual, perhaps even unprecedented.”
She wrote: “I am concerned that your Office of the Secretary’s repeated tacit threats to the DHS OIG have already succeeded in weakening the operational independence of the DHS OIG – as evidenced by the unusual lack of activity and engagement by the DHS OIG in the days following the fatal shooting of U.S. citizen Alex Pretti by Border Patrol agents. »
Former Interior Department Inspector General Mark Greenblatt pointed out that the GI Act of 1978 allows the secretary to prohibit an inspector general from “conducting or completing an audit or investigation” if he or she believes doing so could harm national security.
“In my experience, this provision has never been invoked by any agency of the federal government,” said Greenblatt, who was appointed by President Donald Trump during his first administration and then fired by him at the start of his second administration. Greenblatt is also the former chairman of the Board of Inspectors General.
The law states that if a secretary terminates an investigation, it must be reported to Congress within 30 days. The notice to Congress must include the rationale and indicate whether or not the IG supported the decision.
Inspectors general regularly brief agency leaders about ongoing audits and many of them are made public, according to Greenblatt, but he said informing the cabinet secretary about ongoing criminal investigations is “not normal.”
“The FBI doesn’t tell everyone in advance what it’s investigating,” he said.
As part of its ongoing public work, the IG posted on its website Thursday that it is reviewing the agency’s immigration efforts to see if they follow federal law, adhere to DHS policy and protect civil rights. This includes examining ICE recruitment and training, safeguards to prevent the apprehension of U.S. citizens, conditions in ICE detention centers and the use of Border Patrol agents in cities like Los Angeles, Chicago and Minneapolis.
DHS Deputy Secretary Tricia McLaughlin pointed out that the federal law granting Noem this power to stop IG investigations has been in place for decades.
“Senator Duckworth argues that a Senate-confirmed cabinet secretary should not use an existing section of federal law because she does not believe it should exist,” McLaughlin said in a statement. “If Senator Duckworth and his Democratic colleagues do not like the law that Congress has already passed, they – as members of Congress – have full constitutional authority under Article I to change the law and allay their own concerns.”
