DHS head Noem claims she doesn't know about Marimar Martinez, Chicago woman shot 5 times by federal agent

Marimar Martinez, the Chicago woman who survived being shot five times by Border Patrol agents last year, stood just five rows behind Homeland Security Secretary Kristi Noem as she was pushed by U.S. Sen. Richard Blumenthal to acknowledge the shooting was "wrong" during a testy Senate Judiciary Committee hearing Tuesday.

With Blumenthal describing the October shooting that left Martinez with nerve damage to her right hand, the Connecticut Democrat asked Noem whether Martinez's shooting was "wrong" and also highlighted — via large posters — images of text messages which showed Border Patrol agent Charles Exum bragging about the shooting and allegedly writing, “I fired 5 rounds and she had 7 holes. Put that in your book boys.”

Despite comprehensive coverage of Martinez's shooting and charges of impeding law enforcement that were later dropped against her, Noem repeatedly claimed she didn't know about the case.

"Sir, I don't know the situation or the case," Noem said. "I'll look into it to ensure that all the procedures were followed properly."

Noem also would not provide details on whether Exum, the agent who shot Martinez, is still on the job, "carrying a gun." A U.S. Customs and Border Protection spokesperson last month told the Chicago Sun-Times Exum “was placed on administrative leave.” The spokesperson did not respond to a follow-up email asking when the leave began, or if it’s still in effect. Noem said she didn't know the details, but "will find out and get that information to you."

"I think Americans would find it absolutely terrifying that that agent is still on the job, carrying a gun," Blumenthal said. "And the fact that you can't tell me that you will take him off."

Noem's testimony in Washington before Congress comes as DHS funding remains halted during a partial government shutdown — with Congress at an impasse over immigration policies. Despite the shutdown, senators largely focused on ICE enforcement in major cities and the fatal shootings of Alex Pretti and Renee Good by federal agents in Minnesota.

Martinez released a statement Tuesday saying Noem's claims of not knowing her case comes as "the evidence we released in my case demonstrates otherwise." She said the text messages prove Exum had Noem's support after the shooting — and she wants Noem to investigate Exum "for his attempted execution."

"Frankly, I think it is even worse if Secretary Noem does not know about the facts of my case," Martinez said. "She is the leader of DHS and one of her agents attempted to kill me, a U.S. citizen on the streets of Chicago. It was reported in every national news outlet for months. Does she not read the newspaper? Is she not briefed on shootings of U.S. citizens by border patrol agents? For the leader of DHS to not know about the shooting of a U.S. citizen, in our own country, by one of her agents is more alarming than her agency's refusal to investigate these unlawful actions."

Sen. Dick Durbin also asked Noem about the killings of Pretti and Good in Minneapolis, as well as Martinez's shooting in Chicago. In each case, DHS labeled the victims "domestic terrorists."

"We have ample video evidence and eyewitness testimony proving you are wrong. Your statements caused immeasurable pain to these families," Durbin told Noem. "Let me give you an opportunity to do the right thing. Do you retract these statements identifying these individuals domestic terrorists?"

Noem called the shootings "tragic situations" and said "we always offer our condolences to those families." The DHS head said she was "relying on reports from the ground and from agents that are there and working to be transparent."

Durbin asked Noem how dubbing them "domestic terrorists at the scene was somehow going to calm the situation."

"We are working in those situations where there's a tragic loss of life and that there is something that our agents are involved in, that we continue to deliver information," Noem said.

"Is it so hard to say you were wrong?" Durbin interjected.

"...I absolutely strive to provide factual information and we'll continue to do that," Noem said.

"And when you fail, do you admit it publicly?" Durbin asked. Noem replied, "Absolutely. We always know that there's room for improvement."

Noem was also repeatedly asked about Trump ally and former adviser Steve Bannon voicing support for Trump's push to nationalize elections, including deploying ICE officials to polling sites.

"There are no plans to have ICE officers at our polling locations," Noem said.