Justice Department IG Michael Horowitz, who serves as head of the council of IGs, has issued an unusual public protest of a decision by the department restricting access by IG offices government-wide to grand jury, wiretap, and credit information.
The decision by Justice’s Office of Legal Counsel “undermines the OIG’s independence, which is a hallmark of the Inspector General system and is essential to carrying out the OIG’s oversight responsibilities under the Inspector General Act. The OLC’s opinion restricts the OIG’s ability to independently access all records in the Justice Department’s possession that are necessary for our audits, reviews, and investigations, and is contrary to the principles and express language set forth in the Inspector General Act,” the statement said.
The decision found the law is not sufficiently clear to support OIG access to those records, even though an appropriations law explicitly provides that the department may not use appropriated funds to withhold records from the OIG for reasons other than for specific reasons contained in the Inspector General Act, it said.
“As a result of the OLC’s opinion, the OIG will now need to obtain Justice Department permission in order to get access to important information in the Department’s files – putting the agency over which the OIG conducts oversight in the position of deciding whether to give the OIG access to the information necessary to conduct that oversight. The conflict with the principles enshrined in the Inspector General Act could not be clearer and, as a result, the OIG’s work will be adversely impacted,” it said.
Horowitz said his office will ask Congress to enact legislation assuring access to information it deems necessary for its work. Agency IGs have raised a series of complaints over the last year about management denying them access to information they seek for their audits and investigations.
