Wyden Demands Details of Rodney Scott’s Involvement In Alleged Cover-up and Obstruction of Investigations into Death of CBP Detainee
Scott Nominated to Serve as Commissioner of Customs and Border Protection With Authority Over 60,000 Employees and Millions of Border Crossings Every Month
Washington, D.C. – Senate Finance Committee Ranking Member Ron Wyden, D-Ore., sought detailed records related to Rodney Scott’s involvement in the alleged obstruction of investigations into the death of a detainee in U.S. Customs and Border Protection (CBP) custody. Scott is nominated to serve as CBP commissioner. His nomination will come before the Finance Committee in coming weeks.
The senators sought records and other information relating to Scott’s actions following the 2010 death of Anastasio Hernández Roja in CBP custody, when Scott was Acting Deputy Chief Patrol Agent in the San Diego Sector for U.S. Border Patrol. Hernández Roja was beaten and repeatedly tased by CBP agents, according to court documents, and later died of those injuries. His death was ruled a homicide by two separate autopsies. Scott oversaw an internal investigation of the death and allegedly signed an unlawful administrative subpoena to obtain evidence that was described as “improper if not criminal” by James Wong, the deputy assistant commissioner of CBP Internal Affairs at the time of the incident.
The records are necessary to determine whether Scott can be trusted with responsibility over thousands of border searches every day, given his reported role in the alleged cover-up of Mr. Hernandez Roja’s death, Wyden wrote.
“As his nomination comes before the Senate Finance Committee, we have serious concerns about the gross failures of integrity and leadership he has shown,” Wyden wrote. “His actions suggest that he does not have the discretion required to lead CBP, an agency with which Americans interact every day at border ports of entry and airports in the course of regular travel. In the hands of someone who has allegedly repeatedly abused his position of power, the vast security apparatus for which CBP is responsible could be wielded for harm.”
Rather than immediately referring the incident to the San Diego Police Department, FBI, or Department of Homeland Security Office of the Inspector General, the San Diego CBP office began its own investigation, ultimately taping over the only video copy of Hernandez Roja’s death and tampering with physical evidence, according to court documents. Scott personally signed a subpoena to obtain Hernandez Roja’s medical records, which CBP then refused to release to the San Diego Police Department.
In order to fully assess Scott’s responsibility for the cover-up of this death in custody, the senators requested investigation reports, CBP subpoena policies, and other records relating to Scott’s involvement in the death of Hernandez Roja and subsequent obstruction.
The full letter is available here.
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