Watchdogs say Homeland Security office has delayed probes

Two of the government's top investigators told lawmakers Tuesday that the Homeland Security Department has delayed and complicated their investigations, specifically because of problems they have had with the department's office of general counsel, which is run by Vice President Dick Cheney's son-in-law.

"[Homeland Security] has been one of our persistent access challenges," Government Accountability Office Comptroller General David Walker told the House Homeland Security Appropriations Subcommittee.

Walker said the problem is "systemic" and not the fault of any single individual. But he complained that GAO has had to go through the office of General Counsel Philip Perry. Perry is married to Elizabeth Cheney, a former State Department official who is one of the vice president's two daughters. Walker said it is his understanding that people from Perry's office have to review documents GAO seeks before they are released and selectively sit in on interviews with department employees.

"When you have more lawyers in a meeting than program people, you know you got a problem. Something needs to be done about this," Walker said. "There needs to be an understanding that if the general counsel's office is going to get involved, it's clearly got to be the exception rather than the rule," he added. "Right now the system is structured to delay, delay, delay ... We haven't had a situation where they refuse information but it might take months to get it."

Homeland Security Inspector General Richard Skinner said his investigations have also been hindered. "We're experiencing the same problem," said Skinner, who added his office is "oftentimes" told who they can interview and that it sometimes takes weeks to get documents.

Skinner said he prepared a document last summer to inform all department employees of the IG's responsibilities and authorities and encouraging them to cooperate with investigations. "That letter has been sitting up in counsel's office at DHS since I believe June or July of '06," Skinner said.

Coincidentally, Skinner and Walker testified on the same day Perry was expected to step down as general counsel. Homeland Security Secretary Michael Chertoff announced Jan. 23 that Perry was resigning, without saying where he is heading. Perry is leaving to rejoin the Latham and Watkins law firm, where he served as a partner in the litigation group before entering government service.

A department spokesman called suggestions that Perry has blocked access to information "baseless," adding, "The department goes to great lengths to facilitate information sharing with the IG and GAO." The spokesman also said, "I'm confident that the IG and GAO appreciate that there can be instances when it makes sense to have department counsel involved, especially when it relates to how sensitive information is treated."

Tuesday's testimony left House Homeland Security Appropriations Subcommittee Chairman David Price, D-N.C., and ranking member Harold Rogers, R-Ky., searching for solutions. "You can be assured that we hear you loud and clear," Price said.

Rogers added that the panel has experienced similar problems in getting information from the department, prompting appropriators to withhold Homeland Security funds in the past. "I thought withholding funds was the answer, but that doesn't seem to work," Rogers said. "Mr. Chairman, the power of the purse has not worked, so far."