Border Patrol chief's hearing begins with tiff over Dem’s allegations that spurred Noem letter

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The Senate Finance Committee hearing to consider Rodney Scott’s nomination to be commissioner of Customs and Border Protection began with fireworks from the panel’s top Democrat.

Scott was lambasted by Sen. Ron Wyden of Oregon over a controversy involving a person who died in CBP custody in 2010. The criticisms prompted a Tuesday letter from Homeland Security Secretary Kristi Noem.

"The Commissioner of U.S. Customs and Border Protection is like the point guard for everything the U.S. government does at our borders," Wyden said at the start of the hearing on Wednesday. 

"A person who holds this job should have deep experience with both customs and with protecting our borders, along with unimpeachable judgment. Today’s hearing is to determine whether Rodney Scott possesses that experience, along with the strength of character to be trusted with one of the most important jobs in the federal government," he said, claiming Scott "falls short."

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CBP nominee Rodney Scott, left, and Sen. Ron Wyden (Getty)

The Democrat then delved into details of the detention and death of Anastasio Hernandez Rojas, who was allegedly beaten while in CBP custody in 2010 when Scott was a top official in the San Diego office.

Wyden claimed Scott’s office "taped over the only video copy" of the man’s death and tampered with evidence, citing court documents.

He then referenced a letter he sent to Noem seeking documents on the Rojas incident.

That request spurred Noem to write a scathing response to the Oregon Democrat, calling out "the minority’s uninformed account of Mr. Scott’s alleged role in the 2010 investigation of the death of Mr. Anastasio Hernandez Rojas [which] was infuriating and offensive to read."

"This response seeks to correct the record and clarify that Mr. Scott is a dedicated and honorable public servant," she said, adding, "Your account alludes to the Committee’s erroneous impression that Mr. Scott was present at the unfortunate series of events leading to Mr. Hernandez Rojas’ death, or that Mr. Scott presided over CBP’s investigation into Mr. Hernandez Rojas’ death." 

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Homeland Security Secretary Kristi Noem visits the Mariposa Port of Entry, March 15, 2025, in Nogales, Arizona. (AP Photo/Alex Brandon)

"Contrary to what your letter describes, Mr. Scott did not impede any investigation, nor did he take steps to conceal facts from investigators."

"Mr. Scott’s twenty-nine years of service at the U.S. Border Patrol provides him with the hands-on experience to oversee one of the world’s largest – and most important – law enforcement agencies. 

"President Trump rightfully prioritizes border security and recognizes the need for effective leadership at CBP. Mr. Scott is highly qualified for the job at hand, and the President made an excellent choice in nominating him for this position." 

Senate Finance Committee Chairman Mike Crapo, R-Idaho, later offered Scott an opportunity to respond to Wyden.

Scott said he was not involved in the detention of Rojas, nor was he in the vicinity when it happened. 

Asked about a controversial subpoena in the case, he said it was for information gathering and to seek medical records for Rojas since he died in federal custody.

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Sen. Mike Crapo gestures during a press conference. (Getty)

"Absolutely not," Scott later answered when asked if he interfered in that investigation at all.

"Secretary… Noem responded to the request and cited official investigations and statutes to note that Mr. Scott’s ministerial work following the death – including authorizing a subpoena to request medical records that were provided to the San Diego police department – was in accordance with his duties, the law and professional standards," Crapo said in criticizing the allegations.