The purchase of several aircraft by the Department of Homeland Security during the final days of former Secretary Kristi Noem’s tenure is tied to an “ongoing criminal law enforcement investigation,” the department’s Privacy Office told The Washington Sun.
The acknowledgement, made as part of the department’s denial of an Oct. 14 Freedom of Information Act request, added that “DHS can neither confirm nor deny the existence of records responsive to this portion of the request. Confirming or denying the existence of such records could reasonably be expected to interfere with ongoing or prospective enforcement proceedings.”
The FBI and White House both referred a request for comment to DHS, which did not immediately return a request for comment. The Department of Justice did not immediately return a request for comment.
Earlier this month, Noem came under renewed scrutiny after The New York Times reported that DHS purchased five airplanes from a political donor, Daedalus Aviation Corporation, at a “substantial markup.”
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President Donald Trump announced Noem’s firing on March 5 following a number of controversies that dogged her tenure at the department. Trump replaced her with then-Sen. Markwayne Mullin.
Noem took to social media after the Times story: “I write to formally request the retraction entirely or explicit correction of the article titled ‘Kristi Noem’s Agency Gave Her Donor a Lucrative Contract Just Before She Left.’”
She also disputed the characterization of Daedalus as a political donor. Daedalus’ chair is William Walters, who gave $10,000 to the American Resolve political action committee, a super PAC that exists to help Noem.
The planes bought at the end of her tenure were bought above market value, according to the Times.
The Sun’s FOIA request asks for several sets of government records, including the agency’s acquisition decision memo for the seven Boeing 737-700 aircraft and one Gulfstream G650 acquired in or around December 2025, complete with seller, price, tail numbers and source of funds.
Also requested: purchase agreements, bills of sale, reimbursement records, flight data documents and policy documents or memos governing the use of the aircraft by senior officials.
At least some of the requested records appear to exist, as they are referenced by name in an agency filing posted to a government contracting site.
The Times similarly requested documents related to the planes’ purchases but said DHS declined its request, indicating that releasing the documents would “compromise national security or create other security risks.”
The Sun is appealing the denial of its FOIA request.
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