Following DHS Oversight Hearing With Secretary Noem, Durbin Calls Out Her Lying Under Oath

Following DHS Oversight Hearing With Secretary Noem, Durbin Calls Out Her Lying Under Oath

During a Senate Judiciary Committee executive business meeting, Durbin also raised serious concerns about the nominees, including the ATF nominee, who were voted on today

WASHINGTON - U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, delivered an opening statement during today's Senate Judiciary Committee executive business meeting condemning the U.S. Department of Homeland Security (DHS) Secretary Kristi Noem for lying under oath during Tuesday's oversight hearing. Secretary Noem lied about DHS following court orders, denied that DHS has detained U.S. citizens, and lied about Corey Lewandowski's role at DHS.

Durbin also spoke about the nominees who were considered today including Robert Cekada, to be Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Anna St. John, to the U.S. District Court for the Eastern District of Louisiana; and Andrew Davis, to the U.S. District Court for the Western District of Texas.

Key Quotes:

"I have served on this Committee for more than 25 years… and I've never been through a hearing like our DHS oversight hearing with Secretary Noem [on] Tuesday. The Secretary took an oath to tell the truth. But instead, she repeatedly failed to do so."

"When I asked her if [DHS] follows court orders, Secretary Noem responded, 'We follow court orders when they are given to us.' This is demonstrably false. Even the Trump DOJ admitted in [a] sworn declaration that ICE has violated over 50 court orders in the state of New Jersey alone."

"Secretary Noem also denied that DHS has detained U.S. citizens. Americans around the country, including in my home state of Illinois, know this is false. One of my constituents, U.S. citizen Dayanne Figeroa, was detained for hours after federal agents rammed her car and forced her to the ground. During 'Operation Midway Blitz,' my staff documented the arrest and detention of at least 40 U.S. citizens in my state of Illinois alone."

"Secretary Noem also lied about the role of her de facto chief of staff, Corey Lewandowski. When asked directly whether Mr. Lewandowski has any role in approving DHS contracts, she denied it with an unequivocal 'no.' [But] DHS records show Mr. Lewandowski personally approved a multimillion-dollar contract last year-and that he routinely signs off on large awards before they reach the Secretary's desk."

"Mr. Chairman, the Secretary's testimony was not just evasive or troubling, she repeatedly made false statements under oath. This should concern every member of this Committee-Republican and Democrat alike. This Committee has an obligation to hold the Secretary accountable. I look forward to discussing this with you and other members of the Committee [about] what our recourse is."

"Let me say on a more personal note: several questions were repeatedly asked of her… really got to the heart of who she is. The question of common decency. To call victims in Minnesota who died and a victim in Illinois who barely survived five shots from [Border Patrol] agents. She refused to say 'I'm sorry, I said the wrong thing.' She claimed they were domestic terrorists. There was no evidence of that. None. Imagine those families just having lost a daughter or a son, mourning their loss, and have a member of the President's cabinet announce on public television… that their deceased child was a domestic terrorist. I know that the phrase 'I'm sorry, I should have done a better job' is just unacceptable in this Administration."

"We also cannot ignore that Secretary Noem has seriously weakened our capacity to prevent cybersecurity and terrorist attacks… Homeland Security Investigations and the FBI had a dedicated team of agents dedicated to investigating Iran's efforts to evade international sanctions, sell oil on the black market, and fund their military and outside allies. Those investigations are now stalled, as agents are too busy with immigration enforcement."

"Last spring, the FBI was forced to recall dozens of agents who specialized in counterterrorism, counterintelligence, and cybersecurity from immigration duty because of possible Iranian retaliation after the strikes against its nuclear sites."

"Last week, FBI Director Patel attempted to distract from his Olympics trip by firing at least a dozen personnel who worked on counterintelligence matters… we're in the midst of the sixth day of a war and the counterintelligence agents in these agencies have been fired for political reasons."

"As a result of the President's misguided priorities-and the incompetent leadership of individuals like Secretary Noem and Director Patel-America is less safe in an increasingly dangerous world."

Video of Durbin's opening statement is available here.

Audio of Durbin's opening statement is available here.

Footage of Durbin's opening statement is available here for TV Stations.

Durbin then spoke about the nominees considered in Committee today. He first voiced his concerns over Robert Cekada, nominated to be Director of ATF.

"While Mr. Cekada is a career professional who is committed to fighting crime, and I'm glad we had a chance to sit down together, his hearing testimony does not assure me that he would stand up [to the] Trump Administration to ensure this very controversial agency is not weaponized against the American people."

Durbin then shared his deep concerns about Andrew Davis, nominated to the U.S. District Court for the Western District of Texas. Durbin shared his concerns that Mr. Davis would not be able to put aside his partisan advocacy if he is confirmed to the bench.

"Mr. Davis has repeatedly argued that the qui tam provision of the False Claims Act, or FCA-a law the Chairman has championed for many years-violates the Constitution. Whistleblowers who bring qui tam actions play an important role in holding accountable those who defraud the federal government. Of $6.8 billion in FCA settlements and judgments last year, qui tam actions comprised $5.3 billion of that amount."

[Mr. Davis] defended racist commentary from conservative pundit and former Republican official Bill Bennett, who said 'I do know that it's true that if you wanted to reduce crime, you could, if that were your sole purpose, you could abort every black baby in this country, and your crime rate would go down.' Mr. Davis defended this statement as 'essentially accurate.'"

"Mr. Davis's failure to disavow his article is just plain unacceptable. How can people of color have faith that Mr. Davis will treat them fairly in his courtroom if he is confirmed?"

Durbin then spoke on Anna St. John, nominated to the U.S. District Court for the Eastern District of Louisiana. Durbin raised concerns about Ms. St. John's partisan ideology and serious questions about her ability to impartially administer justice if she is confirmed.

"Her practice largely consists of challenging class-action settlements-and she has also made time to file amicus briefs in politically charged cases… Ms. St. John's public commentary is also troubling. She has criticized what she calls 'woke ideology.' She has challenged First Amendment protections guaranteed by [the Supreme Court more than 60 years ago in] New York Times v. Sullivan."

"In November 2021, Ms. St. John testified against bipartisan legislation ending forced arbitration in cases of workplace sexual assault and harassment. The legislation enjoyed broad support among lawmakers from both parties, yet Ms. St. John argued in defense of forcing sexual assault victims into closed-door arbitration proceedings and claimed that ending forced arbitration 'turns these women into unwilling pawns.'"

"The issue was brought before the Committee at the urging of former Fox News host Gretchen Carlson, one of the leading advocates for legislation following her harassment by Roger Ailes. She is speaking out publicly [against] Ms. St. John's nomination."

"Listen to what Gretchen Carlson said, 'While women around the country bravely shared the urgency of eradicating forced arbitration, St. John used her power and influence to gaslight these women and the public. She downplayed their stories and minimized their pain.'"

"I remember when Grethen Carlson was in this room. So many of us went up to her afterward and praised her for her courage to speak out for the harassment she [experienced] in her own personal life… We voted unanimously for that bill-Democrats and Republicans. Now we have a nominee who is opposed to it and says it is wrong. I'm going to vote no."

Video of Durbin's statements about Mr. Cekada, Mr. Davis, and Ms. St. John are available here.

Audio of Durbin's statements about Mr. Cekada, Mr. Davis, and Ms. St. John are available here.

Footage of Durbin's statements about Mr. Cekada, Mr. Davis, and Ms. St. John are available here for TV Stations.

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