Following Alarming Testimony, Oversight Committee Democrats Call for Investigation into DHS Inspector General Cuffari

Washington, D.C. (June 12, 2023)—Today, Rep. Jamie Raskin, Ranking Member of the Committee on Oversight and Accountability; Rep. Robert Garcia, Ranking Member of the Subcommittee on National Security, the Border, and Foreign Affairs; Rep. Gerald E. Connolly, Ranking Member of the Subcommittee on Cybersecurity, Information Technology, and Government Innovation; and Kweisi Mfume, Ranking Member of the Subcommittee on Government Operations and the Federal Workforce, sent a letter to Dr. Colleen Shogan, Archivist of the United States, urging Dr. Shogan to immediately conduct an investigation into Joseph V. Cuffari, Inspector General of the Department of Homeland Security (DHS), after his alarming admission during the House Committee on Oversight and Accountability's June 6, 2023, subcommittee hearing that he may have repeatedly violated federal law by deleting text messages on his government issued cell phone.

"We are deeply troubled by Mr. Cuffari's flagrant disregard for the Federal Records Act, and we ask that you immediately conduct an investigation into his potential unlawful destruction of federal records and report your findings to our Committee," wrote the Members.

Mr. Cuffari testified that he regularly deletes text messages from his government-issued cell phone. Mr. Cuffari also testified to the Committee that he was unaware if the deleted text messages were backed up for record-keeping purposes. Under the Federal Records Act, federal agencies are required to notify the Archivist of any unlawful destruction of records, including text messages and other electronic records. According to the National Archives and Records Administration (NARA), the DHS Office of Inspector General has not notified NARA of any cases involving deleted records.

"It is also a violation of federal law to willfully remove or destroy federal records. It is unclear if Inspector General Cuffari followed federal law by copying or forwarding electronic messages to official accounts prior to deletion. However, Inspector General Cuffari stated he made the decision to delete messages unilaterally based on his own personal consideration of the messages," the Members continued.

During his testimony, Mr. Cuffari also raised additional suspicion about a second violation of federal records law concerning the improper use of a government-issued cell phone. Mr. Cuffari told the Committee that he "[does not] use [his] government cell phone to conduct official business." If Mr. Cuffari were using non-official electronic messaging accounts to conduct official business, he may have violated federal records law prohibiting executive branch employees like the Inspector General from using such accounts to conduct business without forwarding a copy to an official account within 20 days. Mr. Cuffari's response to the Committee raises urgent questions on his adherence to this law.

The Committee has learned about a whistleblower complaint made to the NARA Office of Inspector General in March 2023 regarding Mr. Cuffari's deletion of federal records. Members of the Committee are now requesting that NARA immediately investigate Mr. Cuffari's destruction of federal records, as well as any other senior officials at the DHS Office of Inspector General.

"We, therefore, request that NARA undertake a review to determine what, if any, federal records were destroyed by Inspector General Cuffari and whether any other senior officials at the DHS OIG also destroyed federal records. NARA should also consult with the Department of Justice, as appropriate, if evidence confirms that Inspector General Cuffari or other senior officials failed to notify NARA about their unlawful destruction of federal records, in violation of the law. We request that you provide a briefing to our Committee on the findings of your review no later than 30 days after its conclusion," wrote the Members.

Click here to read today's letter.

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