Kristi Noem may soon face criminal charges: Ex-federal prosecutor

Former assistant U.S. Attorney for the District of Columbia Glenn Kirschner argues in a new video that officials in President Donald Trump's administration are on shaky ground regarding potential perjury charges.

U.S. District Judge James Boasberg, who is the chief judge in the District of Columbia, on Tuesday set an evidentiary hearing to determine which (if any) Trump officials intentionally defied his order to turn around planes carrying Venezuelan migrants against in violation of constitutional due process rights. Boasberg ordered two Department of Justice (DOJ) officials to testify in a case examining whether Department of Homeland Security (DHS) Secretary Kristi Noem should face criminal charges for allegedly violating a March 2025 order halting the removal of the migrants.

At the center of the escalating court fight is a fundamental test of presidential power and judicial authority and whether Homeland Security Secretary Kristi Noem defied a federal judge’s order to stop the removals.

Defiance may be emblematic of Trump officials, said Kirschner. At his U.S. Appeals Court nomination hearing, Trump DOJ official Emil Bove denied having any knowledge of telling federal prosecutors to defy court orders, claiming to senators, “I don’t recall” when asked if he told colleagues that they might have to consider telling the courts “f—— you" regarding judicial decisions.

But according to Kirschner, “I don’t recall” is not a perjury-proof answer.

“This has always stuck in my craw in the Trump era,” said Kirschner. “If I’m put on the stand, either in Congress — and it doesn’t even have to be under oath in Congress or in a grand jury or in a trial — and I am asked the following question, ‘Mr. Kirschner, what is your middle name’ and my answer is ‘uh, I don’t recall,’ but my middle name is relevant, it is material, it is of consequence to the issue being litigated, I’ve just committed the crime of perjury, or in Congress, the 1001 violation named after the Federal Criminal Statute 18 U.S. Code § 1001.”

“So, no. ‘I do not recall’ is not a perjury-proof answer if you do recall, and I am quite sure Emil Bove recalls what he said in that room full of lawyers.”

Kirschner's guest, Adam Klasfeld, from “All Rise News,” added that DOJ whistleblower Erez Reuveni, who claims Bove urged officials to ignore judges' orders, possesses a trove of documents proving the incident exists, regardless of how hard Bove attempts to dodge the issue.

“Why didn’t he just deny it [during his hearing]?” Klasfeld asked. “Was there tape? Was there a piece of evidence? And we found with a flood of evidence from Reuveni notes, his emails from the time, documented his conversation with about Bove’s legal advice. So, I wouldn’t be surprised if all that comes up on the stand.”

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