Department of Homeland Security Secretary Kristi Noem could be subpoenaed after she joined a blundering ICE raid in which two U.S. citizens were wrongly detained, according to a former prosecutor.
Noem—dubbed ICE Barbie for her love of dolling up in military gear for photo-ops—was present when the Americans were detained by her masked goons Tuesday as part of her ongoing “Operation Midway Blitz” in the Chicago area.
The embarrassing episode—which took place on Mexican Independence Day—prompted a former federal prosecutor to warn that Noem could be compelled to testify.
Joyce Vance—the former U.S. attorney in Alabama during the Obama administration and now an NBC and MSNBC legal analyst—argued in her Civil Discourse newsletter that Noem’s presence in an active operation potentially makes her a witness, opening the door to defense and civil lawyers seeking her testimony.
She wrote that Noem’s on-scene involvement was “dangerous” and apparently done for “a photo op.”
“Noem, too, should be concerned about the security risk her presence creates,” Vance wrote. “Furthermore, if Noem accompanied agents to the scene, as the reporting indicates, she made herself a witness. If I’m a criminal defense lawyer for one of the men or a plaintiff’s lawyer in a civil suit, I’m cutting the subpoena for her testimony pronto.”
“This is why smart prosecutors know better than to go along when a search warrant is executed, let alone an attorney general or a Cabinet secretary,” Vance added. “But Noem likes her photo ops.”
In typical fashion, Noem has leaned into the cameras throughout Operation Midway Blitz.
Noem boasted that she was “on the ground in Chicago” Tuesday as agents arrested what the department called “the worst of the worst.”
Coverage of the operation in Elgin, Illinois, noted that two U.S. citizens were cuffed and later released. Noem posted footage herself on X.
However, one of those detained was Texas-born Joe Botello.
“I’m just blessed that I’m still alive,” the 37-year-old told the Chicago Tribune, describing how armed and masked agents had smashed down his door and handcuffed him and his friends.
“I’ve been hearing it and seeing it through social media. But it never crossed my mind that it was going to happen here at the house… where I live.”
CBS News reported that a second U.S. citizen was also arrested during the raid. After showing their IDs, they were both released.
In a statement to the Daily Beast, a DHS spokesperson denied any “arrest” of U.S. citizens in the operation, insisting the men were held only “for their and officers’ safety… [which] is standard protocol.”
Noem’s own video did not acknowledge the mistake.
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