DHS warned its independent watchdog that Noem can kill its investigations, senator says

The Department of Homeland Security’s general counsel warned the agency’s independent watchdog that DHS Secretary Kristi Noem asserts that she has the power to unilaterally kill their investigations, according to a new letter sent by Illinois Democratic Sen. Tammy Duckworth to Noem.

The DHS inspector general’s office 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 DHS general counsel communicated multiple times with DHS OIG to “remind them” that Noem has the power to kill investigations by his department, according to the letter obtained by NBC News.

Duckworth says she also learned the IG’s office was also asked on Jan. 29 to disclose “every active audit, inspection and criminal investigation,” which the lawmaker writes is “extremely unusual, perhaps even unprecedented.”

She wrote, “I fear that repeated tacit threats from your Office of the Secretary to DHS OIG may have already succeeded in weakening DHS OIG’s operational independence- as evidenced by DHS OIG’s unusual lack of activity and engagement in the days that followed the fatal shooting of U.S. citizen Alex Pretti by Border Patrol agents.”

Former Interior Department Inspector General Mark Greenblatt pointed out the IG Act of 1978 allows for the secretary to prohibit an inspector general from “carrying out or completing any audit or investigation” if they feel doing so would harm national security.

“In my experience that provision has never been invoked by any agency across the federal government,” said Greenblatt, who was nominated by President Donald Trump in his first administration and then later fired by him at the beginning of his second administration. Greenblatt is also the former chair of the council of inspectors general.

The statute says that if a secretary shuts down an investigation it must be reported to Congress within 30 days. The notice to Congress must include the rationale and whether or not the IG supported the decision.

Inspectors general routinely notify agency leadership of ongoing audits and many are made public, according to Greenblatt, but he said that notifying the cabinet secretary of ongoing criminal investigations is “not normal.”

“The FBI doesn’t tell everyone what they are investigating in advance,” he said.

As part of its ongoing public work the IG posted to its website Thursday that it’s reviewing the agency’s immigration enforcement efforts to see if they follow federal law, adhere to DHS policy and protect civil rights. That includes looking at ICE hiring and training, safeguards to prevent the arrest of U.S. citizens, conditions at ICE detention facilities, and the use of Border Patrol agents in cities like Los Angeles, Chicago and Minneapolis.

DHS Assistant Secretary Tricia McLaughlin pointed out that the federal law providing Noem with that power to end IG investigations has been in place for decades.

“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. “If Senator Duckworth and her fellow Democrats do not like the law that Congress already passed, they — as members of Congress — have full Constitutional authority under Article I to change the law and assuage their own concerns.”