As reported last week, MS-13 gang member and wife beater Kilmar Abrego Garcia subpoenaed Deputy Attorney General Todd Blanche and other DOJ officials to testify at the hearing on his motion to dismiss his case.
Earlier this month, a federal judge set a hearing on whether the child-trafficking case against MS-13 gang member Kilmar Abrego Garcia was due to “vindictive prosecution.”
US District Judge Waverly Crenshaw, an Obama appointee, set a hearing based on public statements made by Pam Bondi, Todd Blanche, Kristi Noem, and others.
Judge Crenshaw on Monday said US Attorney General Pam Bondi and DHS Chief Kristi Noem violated the court rules with public comments on the Abrego Garcia case and stopped just short of issuing a gag order.
Crenshaw ordered the DOJ and DHS to warn employees against making statements against Abrego Garcia.
“Government employees have made extrajudicial statements that are troubling, especially where many of them are exaggerated if not simply inaccurate. These statements made allegations regarding Abrego’s ‘character or reputation’ and expressed government officials’ views on Abrego’s ‘guilt or innocence,’” Crenshaw wrote.
“Employees of DOJ and DHS are hereby on notice that they are prohibited from making any “extrajudicial statement (other than a quotation from or reference to public records) that the [individual] knows or reasonably should know will be disseminated by public communication that will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter, including especially that will interfere with a fair trial,”” the judge wrote.
Kilmar Abrego Garcia recently requested internal executive branch communications and accused the DOJ of “stonewalling” his discovery request.
The US Government responded to Abrego Garcia last week and said internal executive branch materials are “protected by executive privilege and therefore presumptively shielded from disclosure.”
On Monday, in a separate order, Judge Crenshaw ordered the DOJ to provide privileged government communications for in camera review.
“For these reasons, the Court will require the Government to produce discovery relevant to its motivation for charging Abrego for in camera review. The Court will then decide what, if anything, should be disclosed to Mr. Abrego,” Judge Crenshaw wrote.
Kilmar Abrego Garcia is an El Salvadoran national who was illegally residing in Maryland. In 2019, an immigration judge ordered Abrego Garcia, an alleged member of the dangerous MS-13 gang, removed from the US.
After a months-long court battle over his deportation, Kilmar Abrego Garcia was transported back to the United States from El Salvador to face criminal charges.
A federal grand jury in Tennessee recently indicted Kilmar Abrego Garcia for “transporting undocumented migrants within the United States.”
He was charged with one count of conspiracy to transport aliens and one count of unlawful transportation of undocumented aliens.
Abrego Garcia was ordered to be deported and may be relocated to Africa as soon as October 31.
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