A controversial legal opinion from the Department of Justice has inspectors general across multiple agencies concerned that their independence has been eroded.
The Department of Homeland Security’s Office of Inspector General released a statement on Monday, showing solidarity with DOJ Inspector General Michael Horowtiz, following a recent decision by the Justice Department’s Office of Legal Counsel (OLC) to withhold certain documents from internal watchdogs.
“OLC’s memorandum includes troubling language suggesting that other provisions of law may justify agencies withholding other information needed to conduct vigorous and independent oversight,” DHS Inspector General John Roth said.
The memorandum he referred to, which was released last week, stipulated that certain grand jury records, wiretap evidence, and credit information, can be shielded from view of the Justice Department’s IG, Michael Horowtiz—despite federal law that grants government inspectors with “access to all records.”
Reacting to the decision, Horowtiz said the legal opinion “undermines IG independence and creates the conflict of putting the agency that is being overseen in the position of deciding whether the IG will have access to records needed to conduct oversight.”
He added that this “inherent conflict is not what Congress intended.”
DHS IG Roth said on Monday that his office “fully supports” the statement made by Horowitz.
The OLC memo was issued after years of wrangling between the DOJ and its IG over the latter’s access to records. Horowitz has said since 2010 that the restrictions have impeded his office’s investigations into cases of whistleblower retaliation and waste, fraud, abuse.
Although Congress passed a measure this year to clarify the IG’s unfettered access to records, the OLC memo, which is not legally binding, instructs the department to neglect the transparency requirements.
Horowitz said he intends to go back to Capitol Hill to “promptly remedy the serious situation.”
