The Department of Homeland Security (DHS) announced its rejection of House Democrats’ call for acting DHS Secretary Chad Wolf to appear before a security oversight panel following the release of a whistleblower complaint.

On Friday, Assistant DHS Secretary Beth Spivey responded to House Democrats’ subpoena in a letter addressed to Homeland Security Committee Chairman Bennie Thompson (D-Miss.).

The subpoena came after the whistleblower allegations that “top political appointees in DHS repeatedly instructed career officials to modify intelligence assessments to suit President Donald Trump’s agenda by downplaying Russia’s efforts to interfere in US elections and the threat posed by White supremacists,” as CNN reports.

Despite Democratic leaders’ argument that Wolf’s appearance is necessary, Spivey insisted the “arguments in your letter are without merit ” as she reiterated that the government agency offered for senior official Ken Cuccinelli to testify instead.

“I had written to you on September 8, 2020 that it would be contrary to standard practice for the Acting Secretary, as the President’s selection (and announced at the time as the President’s future nominee) to be Secretary of Homeland Security, to testify before the Committee on Homeland Security on a subject matter unrelated to his nomination while that nomination was pending,” Spivey wrote.

She went on to not that President Donald Trump just officially nominated Wolf on September 10. Spivey also noted that as “acting” DHS secretary, it is not customary for someone in Wolf’s position to testify until after he is officially confirmed.

The letter added, “From that moment onward, the Acting Secretary became unavailable to testify before Congress on matters unrelated to his nomination and will regain the ability to do so when the Senate completes the confirmation process.”

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“This Presidential nomination obviates any concern that the Acting Secretary’s declining to testify at the Worldwide Threats hearing was premature, conjectural or speculative,” the letter adds.

Spivey also reiterated that Wolf has a right to “abstain from testifying” as she described some of the issues House Democrats have raised concerns about as “unrelated” to the nomination.

“Second, the right of a President’s nominee to abstain from testifying on matters unrelated to his or her nomination while such a nomination is pending is an unwritten rule honored by Chairmen from both sides of the aisle for many decades,” the letter reads.

Thompson fired back with critical remarks in response to the DHS’s letter and Wolf’s refusal to testify.

“Nineteen years after the attacks of 9/11, we continue to face grave threats to the homeland. From the coronavirus pandemic to the rise of right-wing extremism to ongoing election interference, there are urgent threats requiring our attention,” the Mississippi Democratic lawmaker said.

He added, “Mr. Wolf’s refusal to testify – thereby evading congressional oversight at this critical time – is especially troubling given the serious matters facing the Department and the Nation.”