Democrat senator erupts in anger when Noem chooses to uphold the law

Sen. Tammy Duckworth Criticizes DHS Secretary

Senator Tammy Duckworth, a Democrat from Illinois, has expressed her discontent with Department of Homeland Security (DHS) Secretary Kristi Noem over an attempt to enact a law that Duckworth disagrees with.

The tension arose when the DHS sought a list of current investigations from the Office of Inspector General (OIG), with Duckworth accusing the agency of unlawfully withholding such details.

In late January, Duckworth held a meeting with DHS Inspector General Joseph Cafari, urging him to initiate an investigation into the “horrific public execution of Alex Preti” and the recurrent violence associated with DHS agents during Trump’s administration.

“It’s unfortunate that you’re trying to gain political leverage instead of addressing the misconduct of your inspector general,” Duckworth remarked.

She raised concerns that the OIG might have denied her request due to what she termed “repeated implicit threats” from DHS aimed at obstructing investigations, referencing 5 U.S.C. 417. This law allows the DHS Secretary the authority to terminate investigations that could jeopardize national security.

Duckworth noted, “We found that Kristi Noem has continually reminded the OIG that she can unilaterally halt any inquiry. Why would she do that? It feels like a threat.”

If Noem decides to invoke the OIG Investigation Termination Act, the OIG would be required to report its reasoning to Congress within 30 days, including whether any oversight agencies were in agreement.

In a related matter, Duckworth mentioned in a letter to DHS last Friday that enforcing such a statute is ambiguous and has never been applied before in the DHS history, arguing that it contradicts the intent of the Inspector General Act of 1978.

The DHS responded, with Secretary Noem’s legal counsel, James Percival, asserting that it is not appropriate for a Senate-confirmed Cabinet secretary to choose which laws to enforce based on personal belief. He emphasized, “It’s baffling that you would ask me to decide which laws to uphold.” Percival denied that Noem was attempting to stop investigations, claiming the request was simply to assess what was underway.

He further accused the OIG of misconduct for failing to provide the requested information to past secretaries, which he believes hindered their ability to properly execute the law.

Duckworth deemed Percival’s response to be “strange and concerning,” stating that it was troubling to see the DHS allegedly undermining an independent agency tasked with investigating potential misconduct by DHS employees.