Sen. Markwayne Mullin’s confirmation hearing to lead the Department of Homeland Security got off to a combative start Wednesday, with the committee’s own Republican chairman openly questioning whether the nominee is fit to lead an agency responsible for setting the use-of-force standard for more than 250,000 federal employees. The hearing is the first of two scheduled this week before the Senate Homeland Security and Governmental Affairs Committee. DHS is currently in its 33rd day of a partial shutdown.
The Paul-Mullin Confrontation
Sen. Rand Paul, who chairs the committee and whose vote Mullin needs to advance his nomination, opened the hearing by reading a list of Mullin’s past conduct into the record. Paul recounted being attacked from behind by his neighbor in 2017, suffering six broken ribs, a damaged lung and a recovery he described as feeling like “1,000 knives.” He said Mullin had publicly stated he understood why the attack happened and called Paul a “freaking snake,” then falsely claimed he had already told Paul to his face that he understood the assault. Paul also played video of Mullin threatening to physically fight Teamsters president Sean O’Brien during a 2023 Senate hearing, before committee chair Bernie Sanders intervened. “Explain how a man who has no regrets about brawling in a Senate committee can set a proper example for over 250,000 men and women who work at the Department of Homeland Security,” Paul said. (CBS News, NBC News)
Mullin did not apologize. He confirmed he did say he understood why the attack happened, telling Paul directly: “I said I could understand, because of the behavior you were having, that I can understand why your neighbor did what he did.” He told Paul “we just don’t get along” and said he could set their differences aside. He also accused Paul of fighting Republicans more than working with them and challenged him to “let me earn your respect.” Paul concluded the exchange by saying for the record: “No apology. No regrets.” Paul also blocked Republican Sen. Katie Britt from introducing Mullin at the start of the hearing, a procedurally unusual move that drew public criticism from Britt. (CBS News, Axios)
Democrats Press on Minneapolis and Military Claims
Sen. Gary Peters, the committee’s top Democrat, opened by questioning whether Mullin had the qualifications and temperament for one of the most demanding jobs in the federal government. He pressed Mullin on his earlier statement calling Alex Pretti, a federal employee and ICU nurse killed by DHS agents in Minneapolis, a “deranged individual.” Mullin acknowledged he spoke too fast. “Those words probably should have been retracted. I shouldn’t have said that, and as secretary I wouldn’t,” he said. “There’s sometimes I’m going to make a mistake and I own it. That one, I went out there too fast.” (CNBC, NPR)
Peters also challenged Mullin’s claim to have experienced war firsthand, given that Mullin has never served in the military. Mullin had told Fox News that anyone who had “smelled war” and “felt it in your nostrils” would know how ugly it is. When pressed for specifics, Mullin cited a classified 2015 training trip he took as a House member to an undisclosed location, saying he could not publicly discuss the details. “Where did you smell war, sir?” Peters asked. Mullin did not directly answer. (CNBC)
Sen. Richard Blumenthal asked whether Mullin would commit to ending ICE’s practice of entering homes without judicial warrants. Mullin did not provide a direct commitment. Sen. Gary Peters also cited administration cuts to counterterrorism programs and gutting of the Cybersecurity and Infrastructure Security Agency as major concerns, calling for a qualified, steady leader at DHS given current threats. (CBS News)
The Path to Confirmation
Republicans hold an 8-7 majority on the committee. If Paul votes against Mullin, the nomination would fail at the committee level unless a Democrat crosses over. Democratic Sen. John Fetterman of Pennsylvania said he would keep an open mind and that his experience with Mullin had been one of “consistent kindness and professionalism.” Republican Sen. Thom Tillis called Mullin “a great guy and a great choice.” The Teamsters’ Sean O’Brien, whom Mullin once threatened to fight, issued a statement of support, saying “if anyone is willing to stand their butt up to protect America, it’s Markwayne Mullin.” Republicans control 53 Senate seats and Mullin needs 50 for confirmation. Early expectations are that he will ultimately be confirmed. (NPR, NBC News, CBS News)
Why This Matters to You
DHS is the third-largest federal department, overseeing 250,000 employees across ICE, CBP, the Coast Guard, FEMA, TSA and the Cybersecurity and Infrastructure Security Agency. It is also currently in its 33rd day of a partial shutdown, with 100,000 employees working without pay. The person confirmed to lead this agency will be responsible for immigration enforcement, counterterrorism, disaster response and aviation security, all simultaneously and all in crisis right now.
The confirmation process raised specific and unresolved questions about temperament, accountability and transparency. Mullin did not apologize for his comments about Paul’s assault. He did not detail his claimed combat experience. He did not commit to stopping warrantless home entries by ICE. For voters, these are not procedural details. They are direct indicators of how a DHS secretary will operate in practice. It is worth thinking about: Should a nominee’s past conduct, including encouraging or excusing violence, be a disqualifying factor for leading a law enforcement agency? With the DHS shutdown now in its fifth week and spring break travel already affected, does the Senate have an obligation to resolve the funding crisis before or alongside the confirmation process? And with Paul’s opposition potentially holding the nomination hostage, is the committee process functioning as intended oversight or as a personal dispute between two senators?
-Elijah Iraheta, Editor in Chief, ASC News
