Noem denies blocking investigations, as inspector general says he’s been 'systematically obstructed'
Noem denies blocking investigations, as inspector general says he’s been ‘systematically obstructed’
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Rep. Jayapal presses Noem on US citizens illegally detained by ICE
Rep. Jayapal presses Noem on US citizens illegally detained by ICE
Homeland Security Secretary Kristi Noem denied that she was blocking 11 different inspector general investigations of her department, including in a criminal matter, even as she blasted the inspector general for wanting “unfettered access to every single thing in the department.”
Inspector General Joseph Cuffari sent a letter to lawmakers Monday accusing Department of Homeland Security (DHS) leadership of having “systematically obstructed” his work, including on a criminal investigation.
Noem denied Wednesday that she had blocked Cuffari’s work — but she cited the need to provide details about it — a broad claim that received pushback.
“The IG has been told repeatedly in writing, verbally, on the phone, that he can have access to anything at the Department of Homeland Security. He can. He doesn’t need my permission to come and brief members of Congress on the Hill. He just needs to provide a scoping memo, which is what every single IG gets from every single department and agency — all intelligence agencies require a scoping memo,” Noem said during a Wednesday appearance before the House Judiciary Committee.
“He just hasn’t done that. He wants unfettered access to every single thing in the department. And that’s not the process, and that’s not [something] any other IG has demanded.”
The comment comes after DHS previously confirmed Noem’s office took the unusual step of asking for a list of Cuffari’s ongoing investigations.
While inspectors general do provide scoping memos for audits and evaluations, which are publicly posted and outline the subject matter of a review, they are not typically provided for investigations, which can be conducted without a public alert given their sensitive nature.
In responding to a request for additional information on Noem’s comments, DHS said that the department does require a scoping memo “when an OIG wants to gain access to classified databases.”
But Cuffari’s letter to Congress said a number of his investigations are being stalled — including those dealing with immigration matters and relying on databases to which they’ve long had access, as well as in a criminal investigation his office is a part of.
“While all of the matters listed are important, the Department’s obstruction is particularly egregious in a specific pending criminal investigation,” Cuffari wrote in the letter.
“The Department proposed conditions on OIG’s access that OIG cannot accept, because those conditions would require OIG to reveal details of the investigation to individuals who do not have a need to know, and who may be related somehow to the allegation(s) or individual(s) under investigation,” he wrote, adding the move would “risk compromising the investigation and … any potential prosecution.”
Cuffari’s list does appear to touch on some matters that could involve classified information, but others seek access to databases involving immigration enforcement.
“Access to classified information requires a need to know, and not all the information on our classified servers is even owned by DHS. Much of it is owned by other intelligence agencies. There must be a scoping agreement,” DHS said in its statement to The Hill.
“The OIG has REFUSED to provide a scoping memo for his investigation. We stand ready to give the IG access as soon as he works with us on scope. If he won’t, we cannot give him access. We have told him this repeatedly in every meeting, the ball rests fully in the OIG’s court.”
However, Noem’s broad claims that inspectors general must provide scoping memos for their work was countered by experts who said they are not required in all instances.
Mark Greenblatt, who recently served as inspector general for the Department of the Interior, said while DHS may be able to restrict access to classified information, turning over scoping memos for an investigation could undermine the work of IGs.
“I served as an IG for five years, and I never considered providing the department any scoping memos for any investigations and I have never heard of any other IG doing so for any investigations. IGs provide advance notice of audits, evaluations, and some inspections, but I have never heard of any such process for investigations,” he told The Hill.
“Requiring that the IG provide such notice would undermine their independence, which is crucial to their role in protecting the American people from waste, fraud, and abuse.”
Rep. Joe Neguse (D-Colo.), the lawmaker who asked a question that prompted Noem’s response, called it “inaccurate.”
“It was a baseless response by the secretary. The inspector general’s letter makes crystal clear that they are being obstructed at every turn. And of course, it’s no surprise. We know why, given the widespread allegations of corruption and fraud that are happening under her tenure. So I think that answer was inaccurate,” he told The Hill.
Cuffari’s office on Wednesday pushed back on DHS, saying it had a right to access the information requested for their various investigations.
“OIG has a right of access to all records, information, and other materials available to the Department of Homeland Security that relate to the Department’s programs and operations,” a DHS OIG spokesperson said in a statement citing statute.
“We do not share further internal details of work planning outside of OIG — nor do we disclose the details of criminal investigations – to preserve the objectivity, independence, and integrity of our work.”
There has been tension between Noem and Cuffari’s office for some time.
In a meeting with Sen. Tammy Duckworth (D-Ill.), the senator said Cuffari told her Noem’s office had requested a list of all his ongoing work, noting a provision of the Inspectors General Act that allows Cabinet officials to quash investigations for national security reasons, so long as Congress is informed. It’s not clear that section of the law has ever been invoked.
DHS then confirmed to Duckworth that it has asked for the list.
DHS general counsel James Percival argued that DHS was enforcing the law in making the request but said that neither he nor Noem sought to halt any investigations.
“Rather, I requested on her behalf a list of all investigations to ensure she can evaluate whether it might ever be appropriate to exercise that power,” he wrote in a letter obtained by The Hill.
In Cuffari’s latest letter to Congress, he addressed Pecival specifically.
“OIG has not requested ‘continuous, unlimited, and real time access to all information systems of the Department at any time.’…It is inappropriate for Mr. Percival to suggest that OIG is inclined to go on ‘fishing expeditions,’” the inspector general wrote.
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