Executive Summary
- Senator Duckworth alleges DHS legal counsel warned the Inspector General that Secretary Noem can halt investigations.
- The IG’s office was reportedly asked to disclose all active audits and criminal investigations.
- DHS officials defend the action, citing provisions within the Inspector General Act of 1978.
- Former oversight officials note that while the legal authority exists, it is historically unused.
Illinois Democratic Senator Tammy Duckworth has accused the Department of Homeland Security’s leadership of warning the agency’s independent inspector general that Secretary Kristi Noem possesses the authority to unilaterally terminate investigations, according to a letter obtained by news outlets.
In correspondence directed to Secretary Noem, Senator Duckworth detailed a recent meeting with DHS Inspector General Joseph Cuffari. During this meeting, Duckworth alleges she was informed that the DHS general counsel had communicated with the Office of Inspector General (OIG) on multiple occasions to assert that the Secretary holds the power to halt inquiries conducted by the watchdog.
The letter further states that on January 29, the OIG was requested to disclose a comprehensive list of "every active audit, inspection and criminal investigation." Senator Duckworth described this request as "extremely unusual, perhaps even unprecedented," expressing concern that such actions effectively threaten the operational independence of the oversight body. She cited a perceived lack of OIG engagement following the recent fatal shooting of U.S. citizen Alex Pretti by Border Patrol agents as evidence of this potential chilling effect.
Former Interior Department Inspector General Mark Greenblatt noted that the Inspector General Act of 1978 does contain a provision allowing a secretary to prohibit an audit or investigation if it poses a threat to national security. However, Greenblatt, who was nominated by President Donald Trump during his first administration, stated, "In my experience that provision has never been invoked by any agency across the federal government." Under the statute, any such intervention must be reported to Congress within 30 days, including the rationale and the IG’s position on the decision.
In response to the allegations, DHS Assistant Secretary Tricia McLaughlin emphasized the legality of the Secretary’s authority. "Senator Duckworth is arguing that a Senate-confirmed cabinet secretary shouldn’t use an existing section of federal law because she doesn’t think it should exist," McLaughlin said in a statement. She added that if lawmakers disagree with the statute, they possess the constitutional authority to amend it.
Oversight and Structural Integrity
The invocation of the 1978 Inspector General Act’s national security provision represents a significant stress test for the mechanisms of federal oversight. While the legal framework strictly provides the Secretary with the authority to intervene in specific instances involving national security, the broad assertion of this power—combined with requests for comprehensive lists of active investigations—raises critical questions regarding the functional independence of the Inspector General. This development suggests a potential shift in the traditional boundaries between agency leadership and internal watchdogs, which could necessitate heightened congressional scrutiny to ensure that statutory checks and balances remain effective within the Department of Homeland Security.
