Archives ignites investigation of DHS inspector general following deleted texts

The National Archives and Records Administration (NARA) on Thursday kicked off an investigation into Department of Homeland Security (DHS) Inspector General Joseph Cuffari, bypassing the DHS watchdog by asking another agency official to examine his recordkeeping practices.

The move comes after Cuffari told lawmakers during a hearing he routinely deletes text messages from his government-issued phone because he did not consider them to be official records — a possible violation of recordkeeping laws.

“NARA requests that DHS provide NARA with the required report documenting IG Cuffari’s practices with respect to the management of electronic messages, and in particular all messages that meet the definition of a federal record,” the agency wrote in a letter to DHS Chief Information Officer Eric Hysen.

Requests to review potential violations of public records laws are often referred to inspectors general, but the NARA inquiry to another official within DHS comes after Democrats on the House Oversight Committee asked the Archives to intervene in the matter.

Cuffari has also faced calls to resign by two Democrats who argued is it “troubling, to say the least, that you have been routinely destroying or deleting official government records in violation of a law that your office is supposed to enforce.”

Cuffari answered “yes” earlier this month when Rep. Glenn Ivey (D-Md.) asked him during an appearance before the House Oversight and Accountability Committee whether he deletes text messages from his phone.

“It’s my normal practice to delete text messages,” Cuffari said, answering, “Correct,” when Ivey asked whether he does this on an ongoing basis.

The two then sparred over whether those phone records should be retained.

“I don’t use my government cellphone to conduct official business,” Cuffari said, though he pushed back when Ivey asked if the messages he deleted were related to personal business.

“I did not consider those to be federal records, and therefore, I deleted them,” Cuffari said. “It’s a clearly defined statute that places requirements on what a federal record actually is.”

Oversight Democrats’ request to NARA likewise asked for any necessary coordination with the Department of Justice.

The letter to Hysen asked for specific details about what DHS can determine about the messages.

“If the Department determines that federal records were deleted without proper disposition authority, your final report must include a complete description of the records affected [and] a statement of the exact circumstances surrounding the deletion of messages,” Archives wrote.

Cuffari is now under investigation by the Council of Inspectors General on Integrity and Efficiency, but congressional scrutiny of his performance began long before, reaching a peak last summer when lawmakers became aware he failed to notify them of missing Secret Service text messages relating to the Jan. 6, 2021, attack on the Capitol.

The texts were apparently lost in a software transition, but lawmakers pointed to a law requiring either agency of congressional notification within seven days if an inspector general believes records have been destroyed.

A bipartisan group of Senate lawmakers has also pushed Cuffari about allegations he suppressed a report about sexual harassment at DHS. 

Cuffari’s office did not respond to a request for comment.