Internal DHS watchdog: Noem is obstructing our work
The Department of Homeland Security's (DHS) internal watchdog, Charles Cuffari, has accused South Dakota Governor Kristi Noem of obstructing their work, violating both the law and the 'longstanding principles of comity' between watchdogs and the agencies they oversee. In a particularly striking case, Cuffari revealed that DHS set conditions on the Office of Inspector General's (OIG) 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 may be related to the allegations or individuals under investigation.
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.
Cuffari says in the letter that ICE revoked the inspector general's access to its Enforcement Integrated Database, which the inspector general 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 it needs for investigations involving national security and other sensitive matters. Additionally, TSA is not providing OIG access to the Secure Flight System database, and the watchdog has 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 from DHS General Counsel James Perchival, who accused the OIG of 'bad faith and bordering on a material misrepresentation' if the complaints about access were sent to Congress, and accused the watchdog of engaging in 'fishing trips' in investigating possible misconduct. Cuffari's letter to lawmakers clarifies that OIG is not seeking unfettered access to data, but rather efficient and legal access to relevant records.
