Federal Judge Threatens KRISTI NOEM WITH POSSIBLE PRISON?!?

Is Kristi Noem and others in the Department of Justice one step closer to having a criminal prosecution referral from a federal judge? His name is Chief Judge Boasberg, and as expected, he was not happy with Kristi Noem's sworn declaration and that of Todd Blanch or anybody else, as he's trying to figure out whether the Trump administration willfully, in contempt, violated his orders to ground the planes to El Salvador back in March. If they thought telling the judge to effectively go pound sand, we're not going to tell you what really happened, and to mix and match in the affidavit all sorts of information that's not true about the planes,

and that was going to be the end of it? No. We got a new order from the judge in my hands. We've got a new declaration from Emil Bovey. Yes, Emil Bovey, now on the Third Circuit Court of Appeals, but once in the Department of Justice, he had to file a declaration also. But wait till you hear what the judge is requiring and who he wants in his courtroom to testify before him. I think you're going to be shocked and amazed. You're here on Legal AF. It is Tuesday morning. I'm Michael Popok. Let's get to the hot off the presses. James Bozberg, Chief Judge of the

District of Columbia's order. How did I get here before I read you the order? If you recall, in March, on an emergency application by the American Civil Liberties Union, Judge Boasberg grounded the planes. He ordered at his afternoon hearing that the planes stop flying to the Secop prison in El Salvador containing 200 Venezuelans, Donald Trump was trying to remove one of the alien enemies act. And then people started lying to him. Drew Ensign started lying to him based on my reporting.

He's a lawyer for the Department of Justice. And others lied to him about the planes. Later that evening, he issued a written temporary restraining order. But his order from the bench in the afternoon, that is an order of the court. And those planes continued to fly regardless of it. He instructed Drew Ensign, the lawyer for the Department of Justice, to inform the rest of the

Department of Justice that they had to ground the planes. And yet the planes kept on flying. We never understood why, until a whistleblower who got fired named Erez Ruveni came clean and said that he had a meeting on the very same day with Emil Bovey, the now Third Circuit Court of Appeals

judge, and Emil Bovey said, keep flying the planes and tell judges to go F off. Yes, it's all there in black and white in 30 pages of a whistleblower report by Erez Ruvetti and now Judge Bozberg wants to hear from the whistleblower. And that's the new order you're on.

Legal AF, take a minute, hit the free subscribe button. Erez Ruvetti, you may recall, was on 60 Minutes and had this to say about what Emil Bovey told him in a shocking fashion when he was one of the lawyers for the Immigration Litigation Division of the Department of Justice.

Let's play the clip.

At the beginning of the second Trump administration, you were promoted again.

That's right. Very soon into the administration,

I was selected to be the acting deputy director of the immigration section, overseeing about 100 attorneys in every case that arose in the federal district courts. to a fateful meeting with Emil Bovey, President Trump's newly appointed number three at the Justice Department, who was once Trump's criminal defense attorney.

And we were told at this meeting that over the weekend, the President of the United States would be signing a proclamation invoking something called the Alien Enemies Act. This is a wartime law from 1798 invoked three times in the nation's history

during the War of 1812, World War I, and World War II.

The Alien Enemies Act allows rapid expulsion from the U.S. of the citizens of enemy nations during a war. But without a declared war, Trump used it against more than 100 Venezuelans that the government said were terrorists. They were to be denied their right to be heard by a judge.

Ruvaini says Bovey expected a challenge.

Bovey emphasized, those planes need to take off no matter what. And then after a pause, he also told all in attendance, and if some court should issue an order preventing that, we may have to consider telling that court,

"[Bleeped out word].

And when you heard that, you thought what?

Felt like a bomb had gone off. Here is the number three official using expletives to tell career attorneys that we may just have to consider disregarding federal court orders.

And you may recall that Emil Bovey, during his confirmation hearing to become an appellate judge, was asked point blank by Adam Schiff if he told the lawyers to tell the judges to go F off. Here's the clip.

In the complaint it says, Bovevet stated that DOJ would need to consider telling the courts fuck you and ignoring any such court order. Did you say anything of that kind in the meeting?

Senator, I have no recollection of saying anything of that kind to the extent I usually

recall, Mr. Bovet, if you said or suggested during a meeting with Justice Department lawyers that maybe they should consider telling the court, fuck you? It seems to me that would be something you'd remember, unless that's the kind of thing you say frequently.

Well, I've certainly said things encouraging litigators at the department to fight hard for valid positions that we have to take in defense of our clients.

And have you frequently suggested that they say fuck you and ignore court orders? Is that also something you frequently do such you might not remember doing it on this occasion?

No, and as I explained I've never directed...

So did you or did you not make those comments during that meeting?

Which comments, Senator?

You really need me to repeat it? Did you suggest, as Mr. Ruveni wrote, that DOJ would need to consider telling the courts fuck you and ignore any such court order?

I did not suggest that there would be any need to consider ignoring court orders. At the point of that meeting, there were no court orders to discuss.

Well, did you suggest telling the courts, fuck you in any manner?

I don't recall.

You just don't remember that.

Now, we always wondered why the planes kept flying until Erez Raveni came clean in a whistleblower. Erez Raveni has a lot of credibility, served four administrations, he's a lawyer for the Department of Justice for over 15 years, very trusted. I think he's a Republican. Now, after on December 5th,

Kristi Noem and Todd Blanche and Joe Mazzara, who's the acting general counsel, our legal advisor for the Homeland Security, they filed declarations. The judge says, you want to start with declarations, sworn statements under oath, let me see them. And they said effectively, I made the decision, I, Kristi Noe, made the decision to fly the planes, but it was based

on legal advice. But there was a lot of strange language in those affidavits and declarations. I have them up on Legal AF Substack. You can read them as a paid member. And I said the judge was not gonna be happy with this, and he was gonna be ordering a live hearing. And now we've got the order, ordering a live hearing. Let me read it to you, and we'll post it up on Legal AF Substack for our paid subscribers.

Here, it's very short, I'll read you the whole thing. In response to the court's order of November 28th, the government has submitted cursory, cursory meaning scant, meaning skeletal, declarations from Secretary Christie Nome and attorneys then at the Department of Justice who advised her. Nome avers that she made, quote,

the decision to continue the transfer of custody of the Alien Enemies Act detainees who had been removed from the United States before this court issued its temporary restraining order in the evening of March 15th. See, that's a trap the judge has laid

because he entered his temporary restraining order in the afternoon. As this declaration does not provide enough information for the court to determine whether her decision was a willful violation, the court can't determine probable cause

that her action constituted criminal contempt and therefore wait for it a referral for prosecution consequently would be premature but he's still gonna do it. Now who would he refer it to? Because the Department of Justice is in the hands of Donald Trump. You know he's gonna refer to an outside independent special prosecutor appointed by the court which is allowed especially if the Department of Justice

has it in its best interest not to pursue this prosecution. So here's what he ordered. He ordered that plaintiffs, plaintiffs, the ACLU, shall attempt to secure the presence of Erez Raveni, the whistleblower, for testimony in the court on December 15th, 2025 at 930 in the morning.

Now let's talk about that for a minute. They're gonna be able to get them. Erez Raveni now works for Democracy Forward. They used to, Democracy Forward used to be involved with this particular case of JGG. I think there's gonna be, I don't know this for a fact,

I think there's gonna be a phone call between Lee Gelert of the ACLU and the head of Democracy Forward. Can we get Erez Ravetti in court? I think the answer to that's going to be yes, sir, yes, ma'am, and a subpoena will be issued for that. But he also wants Drew Ensign for testimony the next day at 2 p.m. and both sides can cross-examine. Dru Ensign's, I think, in a load of trouble because according to the whistleblower, Dru Ensign told him, effectively lied to the court,

Dru Ensign lied to the court when Erez Raveni overheard the hearing and the statements that were being made where Dru Ensign said, I don't know anything about the plates, Judge, don't know where they are. Don't know if they're being loaded. That that was a lie. A lie in our world as being lawyers means you have been untruthful to the tribunal. You violated your oath to be candid to the tribunal. Yeah, it's called perjury or supporting perjury. It's a problem, including losing your law license. So we've got that going. And I always said there was a reason Drew Ensign stopped being assigned to the case,

but he's being dragged back in. I believe he's the lawyer that Judge Boasberg once said in his courtroom, you only have your reputation. And I encourage you not to ruin it by not being truthful to this court.

That Drew Ensign, come on down. You're now going to be testifying before Judge Bozberg. Now, Emil Bove, very interestingly, also filed an affidavit, which I don't think the judge is going to be happy with. Although for now, I'm not sure he's going to pull Bove in. Bove, who'd been the criminal defense lawyer for Donald Trump, then he was the hatchet man inside the Department of Justice for all the beginning of the administration until he got elevated to sort of hide him away on the Third Circuit Court of Appeals in Philadelphia.

He said, on March 15th, I was serving as the DOJ's Principal Associate Deputy Attorney General. I left that role in August. DOJ has not authorized me to disclose privileged information. Beginning during the morning of March 15th and throughout the weekend, I monitored developments related to this case. So he must have heard about the afternoon temporary restraining order. On the evening, I was aware of statements made by the court during proceedings that day, the court's minute entries and the public filings.

Again, trying to be a little bit vague, a little bit double talk here about the earlier oral temporary restraining order versus the one in writing. Based on my evaluations of those materials, I contributed privileged legal advice

to the director of Homeland Security regarding the transfer of aliens. And that's it. So here's what I think Judge Boasberg is gonna do. He's gonna hear from Emil Bovey. You already heard from Emil Bovey. Could you imagine what a few hours of his testimony is gonna sound like? I think his whistleblower statement, which I also have a copy of up in the Legal AF sub stack testimony is going to sound like. I think his whistleblower statement, which I also have a copy of up in the Legal AF sub stack is going to come in. And then he's going to

cross examine true and sign about statements made about the order, what he told his bosses in the Department of Justice and when I don't think he's going to tangle with trying to bring in the lawyer, the judge Bove off the Third Circuit, which is technically above him in rank, although not in his circuit. He's in the DC circuit, but it would be odd to see a current sitting Third Circuit Court of Appeals judge being cross-examined

by a trial judge. But, you know, that's what Trump was trying to do when hiding Emil Bovey over in the Third Circuit, hoping this thing would go away and he'd be insulated. You know, he did the same thing with the 200 Venezuelans. You may be wondering, Popak, what happened to the 200 Venezuelans? Are they being tortured in El Salvador. Well, they were tortured in El Salvador, but then they were exchanged,

prisoner exchanged, with Venezuela, a country we're allegedly at war with. We sent 200 enemy combatants back to Venezuela, again, to get them away from federal jurisdiction. But the ACLU is in contact with them and still represents them in this matter. We'll continue to follow it. Next big events, December 15th in, yeah, next big event's gonna be, sorry, December 15th and December 16th with the testimony. And again, in case anybody was forgetting

what this is all about, the judge says a referral for prosecution is premature, not out of the question. We'll follow it all here on Legal AF. Help us continue to grow this pro-democracy channel and get us to 1 million subscribers.

We gotta be big for 2026 to help you. So just take a minute, no outside investors, hit the free subscribe button. Till my last report, my next report, one of my reports. I'm Michael Popock. I'm Michael Popock,

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