Democrats seek criminal referral against ousted DHS secretary Kristi Noem over alleged false testimony
Congressional Democrats have formally asked the Department of Justice to pursue criminal charges against former Homeland Security Secretary Kristi Noem, alleging she made false statements during sworn testimony before Congress earlier this month.
Rep. Jamie Raskin of Maryland and Sen. Dick Durbin of Illinois, the ranking Democrats on the House and Senate Judiciary Committees, sent a letter to the DOJ on Monday accusing Noem of perjury in four distinct areas of her testimony, while DHS and the Trump administration have forcefully denied the allegations, setting the stage for a significant legal and political dispute.
The issue has sparked considerable debate, with critics arguing that no government official should be above the law when testifying before Congress, while supporters of Noem contend the referral is a politically motivated maneuver by Democrats. The accusations come at a particularly notable time, as President Donald Trump had already removed Noem from her post earlier this month amid bipartisan criticism of her leadership at DHS.
What Democrats Allege Noem Told Congress
According to the letter, Raskin and Durbin identified four categories of statements where Noem may have committed perjury during back-to-back hearings before both Judiciary Committees. "A number of her statements appear to violate criminal statutes prohibiting perjury and knowingly making false statements to Congress," the letter stated. The lawmakers pointed to her answers on topics ranging from court order compliance to immigration enforcement practices.
Specifically, the Democrats scrutinized Noem's testimony regarding whether DHS follows court orders, the role of political operative Corey Lewandowski in DHS contracts, whether immigration enforcement actions had resulted in the detention of U.S. citizens, and the contracting process behind a $220 million advertising campaign that prominently featured Noem herself. Raskin and Durbin wrote that Noem had spent "months" avoiding their committees' requests to appear for routine oversight before she finally testified.
"After months of evading our Committees' requests to testify in routine oversight hearings, Secretary Noem made a series of demonstrably false statements in a brazen attempt to undermine critical congressional oversight of the Department of Homeland Security," the two lawmakers wrote in their referral letter.
The Controversial $220 Million Ad Campaign
Perhaps the most scrutinized area of Noem's testimony involved the massive advertising campaign and its contracting process. During her appearance before the Senate Judiciary Committee on Tuesday, March 3, 2026, Noem told the panel that the contract had gone through a competitive bidding process and that "career officials at the Department chose who would do those advertising commercials."
However, Sen. John Kennedy, a Louisiana Republican who serves on the Appropriations Committee, challenged that account during the hearing. "It's something we have to defend. I'm on the Appropriations Committee. I mean, my research shows that you did not bid them out," Kennedy said. He also argued it was "hard to believe" that President Trump would have approved the campaign.
Kennedy further alleged that the group receiving the largest share of the contract funds had direct connections to former DHS spokesperson Tricia McLaughlin and her husband, Benjamin Yoho, who reportedly runs the company in question. Trump himself contradicted Noem's claim about his knowledge of the ad campaign in a subsequent interview with Reuters, adding another layer of doubt to her sworn statements.
Responses From Those Accused and the Administration
Yoho pushed back against the allegations in a letter sent to Senate Democrats on Friday, denying that he had leveraged his wife's government position to obtain contracts. "This statement is factually incorrect, and I respectfully request that you have your colleague correct the official record and issue an apology," Yoho wrote. Durbin and Raskin, however, maintained that regardless of whether Noem was truthful about the president's awareness of the campaign, she "flatly misrepresented" that the contract went through competitive bidding.
DHS also came to Noem's defense. A spokesperson told Fox News Digital that "any claim that Secretary Noem committed perjury is categorically FALSE." Making false statements to Congress is classified as a felony under federal law, carrying a potential sentence of up to five years in prison and a maximum fine of $250,000.
The Democrats themselves acknowledged the political reality of their referral. "While we have low expectations that you will pursue this matter given your partisan weaponization of the Department of Justice, we note that the statute of limitations for perjury and for knowingly and willfully making false statements to Congress is five years," they wrote, signaling that a future administration could still act on the referral.
Noem's Ouster and What Comes Next for DHS
Trump announced earlier this month that Noem would no longer lead DHS, following mounting criticism from both Republicans and Democrats over her handling of the department and implementation of the president's immigration enforcement agenda. Rather than a simple dismissal, Trump said Noem would transition into a role as special envoy to the Shield of the Americas, a military coalition established by the administration. The president nominated Sen. Markwayne Mullin, a Republican from Oklahoma, to succeed her, with a confirmation hearing expected this week.
Lessons to Learn
1. Congressional oversight exists as a fundamental check on executive power, and sworn testimony before lawmakers carries serious legal consequences. Citizens should understand that perjury before Congress is a felony, reinforcing the principle that accountability applies at every level of government.
2. Transparency in government contracting protects taxpayer money. The dispute over the $220 million ad campaign illustrates how public scrutiny of no-bid or questionable contracts can reveal potential conflicts of interest. Staying informed about how public funds are spent helps communities hold officials accountable.
3. Political disputes can complicate the pursuit of justice, but that does not diminish the importance of documenting potential wrongdoing through proper legal channels.
Why This Story Matters
This story matters because it tests the boundaries of accountability for high-ranking government officials who testify under oath before Congress. The bipartisan nature of the skepticism — with Republican Sen. Kennedy joining Democrats in questioning Noem's testimony — underscores that the integrity of congressional oversight transcends partisan lines. Whether or not charges are ever pursued, this case will serve as a reference point for how future administrations and lawmakers handle allegations of false statements by cabinet-level officials.
In summary, congressional Democrats Raskin and Durbin have formally asked the DOJ to investigate former DHS Secretary Kristi Noem for allegedly lying under oath during hearings earlier this month, pointing to four areas of her testimony — including questions about court orders, immigration enforcement, Corey Lewandowski's involvement in contracts, and a $220 million ad campaign — while DHS has denied the perjury claims, Benjamin Yoho has disputed allegations of improper contracting, President Trump has contradicted Noem's account of his knowledge of the ad campaign, and Noem herself has been reassigned to a special envoy role as Sen. Markwayne Mullin prepares for confirmation hearings to lead DHS this week.
