NASHVILLE, Tenn. (RTW News) — A federal judge in Tennessee on Monday issued a serious warning to top Trump administration officials about the potential for sanctions if they continue to make inflammatory remarks concerning Kilmar Abrego Garcia, whose upcoming trial could be compromised by such statements.
U.S. District Judge Waverly Crenshaw filed a stern order directing local prosecutors in Nashville to share his opinion with all staff at the Justice Department and the Department of Homeland Security, including high-ranking officials like Attorney General Pam Bondi and DHS Secretary Kristi Noem.
Government employees have made troubling extrajudicial statements, many of which are exaggerated if not entirely inaccurate, Judge Crenshaw noted.
The judge enumerated several examples of prohibited comments outlined in the local rules for the U.S. District Court of Middle Tennessee, which include statements that could influence the character, credibility, or reputation of a party involved in the case, as well as any opinion regarding the accused's guilt or innocence.
Employees of DOJ and DHS who ignore the directive to refrain from making statements that are likely to materially prejudice this criminal prosecution may face sanctions, Crenshaw's order warned.
Earlier in 2023, Garcia experienced a mistaken deportation to El Salvador, where he was imprisoned despite a clean criminal record, sparking widespread public criticism of President Trump’s immigration policies. Amid mounting pressure and a court order, the Trump administration ultimately facilitated his return to the U.S. in June, albeit only after issuing an arrest warrant in Tennessee for human smuggling.
Garcia has pleaded not guilty to the smuggling charges and is requesting that Judge Crenshaw dismiss them.
In the meantime, officials from the Trump administration have persisted in a public relations campaign against Garcia, alleging he is affiliated with the MS-13 gang and suggesting he was implicated in murder. The judge's comments in his opinion underscore the potential damage such statements could do to Garcia's right to a fair trial.
Garcia, an American citizen's spouse and father, has resided in Maryland for several years after immigrating illegally as a teenager. In 2019, he was granted protection against deportation, having presented a well-founded fear of violence from gangs that threatened his family.
Since his return, ICE has initiated plans to deport him to several African nations, with Liberia being the most recent destination mentioned.
