Internal DHS watchdog: Noem is obstructing our work
The Department of Homeland Security's (DHS) internal watchdog, the Office of Inspector General (OIG), has accused South Dakota Governor Kristi Noem of obstructing their work. According to the OIG, Noem's actions violate the law and 'longstanding principles of comity' between internal watchdogs and the agencies they oversee.
In a particularly striking case, the OIG claims that DHS set conditions on their access to information demanded as part of a criminal investigation. These conditions would have required the watchdog to reveal details of the investigation to individuals who do not have a need to know, and who may be related to the allegation(s) or individual(s) under investigation. The letter did not specify the agency OIG was assisting or disclose details of the criminal investigation.
The inspector general also said that Noem recently asked the watchdog to provide a list of all pending OIG matters, including criminal investigations, 'so that she may consider whether any audits, inspections, or investigations should be terminated.' DHS did not respond to a request for comment about the letter, which was sent as bipartisan frustrations with Noem on Capitol Hill are bubbling to the surface.
The letter, shared with POLITICO, was referenced in a Senate Judiciary Committee hearing where Noem was testifying. Sen. Thom Tillis (R-N.C.), who has called on Noem to resign, mentioned it in his questioning, then addressed the letter in a speech on the Senate floor. 'Do you have any idea how bad it has to be for someone embedded in a department to publish a letter about the obstruction of the secretary of that department?' Tillis said.
The Wall Street Journal first reported the letter. Beyond the criminal investigation, the OIG claims that ICE revoked their access to the Enforcement Integrated Database, which they had used for 10 years to conduct audits and inspections. DHS also revoked OIG's access to a database that tracks which employees and contractors can access classified information, which the watchdog said they need for investigations involving national security and other sensitive matters.
In addition, TSA is not providing OIG access to the Secure Flight System database, leaving the inspector general's team unable to verify data. The watchdog has also faced resistance when seeking access to a Border Patrol database that tracks arrests, detentions, and releases. OIG argues that making case-by-case requests adds delays to their audits and probes of potential wrongdoing and that the lack of access hinders their ability to verify data and run analytics.
Cuffari attached a letter sent to him from DHS General Counsel James Perchival, in which Perchival accused the OIG of 'bad faith and bordering on a material misrepresentation' if the complaints about access were sent to Congress. He also accused the watchdog of engaging in 'fishing trips' in investigating possible misconduct. Cuffari said in his letter to lawmakers that OIG is not seeking unfettered access to data, saying it would be inefficient and illegal to 'rummage through DHS records with no clear purpose.'
This controversy raises important questions about the balance of power between internal watchdogs and the agencies they oversee. It also highlights the challenges faced by the OIG in carrying out their duties. As the situation unfolds, it will be crucial to see how Noem responds to these accusations and whether the DHS will cooperate with the OIG's requests for access to information and data.
