10
Loading video...
By Mandy Taheri and Gabe Whisnant
0
Share
Newsweek is a Trust Project member
See more of our trusted coverage when you search.Prefer Newsweek on Googleto see more of our trusted coverage when you search.
The judge overseeing Kilmar Abrego Garcia's criminal case has ordered the Trump administration to adhere to court rules prohibiting public statements that could influence or prejudice a Tennessee jury.
Newsweek has reached out to the U.S. Attorney's Office in Nashville and Abrego Garcia's legal team for comment via email on Thursday.
Why It Matters
Abrego Garcia remains in federal custody in Nashville, Tennessee, awaiting trial on human smuggling charges. He has garnered significant attention after being deported by the Trump administration to El Salvador in March, despite a 2019 court order barring his removal. The administration has insisted the Maryland resident is a member of the MS-13 criminal gang, which he and his family have denied.
Read More on Politics
Following a Supreme Court mandate, Abrego Garcia was returned to the U.S. in June and subsequently indicted by a grand jury. He has pleaded not guilty to human trafficking.
Both legal teams have raised concerns that federal immigration agents may detain Abrego Garcia if he were to be released from jail, which they argue would prevent his criminal proceedings from moving forward.
The criminal case will go before a jury, and the defendants filed a motion to seeking to ensure jurors are not influenced by government commentary.
...
What To Know
On Thursday, U.S. District Judge Waverly D. Crenshaw, wrote that "all counsel are expected to comply with the Local Rules of this Court," according to the court docket reviewed by Newsweek.
Specifically, the order requires "compliance with local criminal rule 2.01."
What Is Local Criminal Rule 2.01?
Titled, "Release of information concerning criminal proceedings" rule 2.01 outlines various limitations on information and commentary attorneys can say regarding criminal trials in an effort to protect defendant's right to a fair trial.
Regarding extrajudicial statements, it states that involved attorneys: "must not make an extrajudicial statement (other than a quotation from or reference to public records) that the lawyer knows or reasonably should know will be disseminated by public communication, and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter, including especially that will interfere with a fair trial."
The rules note that comments may have "material prejudicial effect," particularly pointing to character attacks, credibility, reputation, and more.
The Trump administration has used words like "gangbanger," "monster," "illegal predator," "barbarian" and others to describe Abrego Garcia, the defense wrote in their July 2 motion requesting compliance with rule 2.01. They called this part of "a public disparagement campaign" against Abrego Garcia.
Abrego Garcia was among the 230 migrants who were deported to El Salvador's notorious supervision Terrorism Confinement Center, known as CECOT, in March this year. His deportation occurred due to what the Department of Homeland Security (DHS) later admitted was an "administrative error."
What People Are Saying
Department of Homeland Security assistant secretary Tricia McLaughlin previously told Newsweek: "Kilmar Abrego Garcia is a dangerous criminal illegal alien. We have said it for months and it remains true to this day: he will never go free on American soil."
Ama Frimpong, legal director of immigration advocacy group CASA and part of Kilmar Abrego Garcia's legal team, previously told Newsweek: "Every judge at every level who has reviewed Kilmar's case over the last few months has ruled in his favor, from orders requiring his return to the U.S. to decisions requiring his release from criminal custody. The fact that ICE could still detain or deport Kilmar after his release from criminal custody undermines the courts, and is a real threat to the very ideas of due process, liberty, and justice. ICE must immediately abandon this cruel and inhumane political stunt that has continued to cause so much trauma and pain to Kilmar and his family. Enough is enough."
White House press secretary Karoline Leavitt previously told Newsweek in a statement: "The Justice Department's Grand Jury Indictment against Abrego Garcia proves the unhinged Democratic Party was wrong, and their stenographers in the Fake News Media were once again played like fools. Abrego Garcia was never an innocent 'Maryland Man'— Abrego Garcia is an illegal alien terrorist, gang member, and human trafficker who has spent his entire life abusing innocent people, especially women and the most vulnerable. Abrego Garcia will now return to the United States to answer for his crimes and meet the full force of American justice."
Abrego Garcia's attorneys, rejecting the prosecution's assertions that he was a danger, at his arraignment hearing where he pleaded not guilty, per The Associated Press: "If Mr. Abrego Garcia is so dangerous, this violent MS-13 guy, why did they wait almost three years to indict him on this? Why wait until literally after the Supreme Court told them they denied him due process and they had to bring him back before they investigate him?"
What Happens Next?
Update 7/3/25, 1:30 p.m. ET: This article has been updated with additional information.
Update 7/3/25, 12:37 p.m. ET: This article has been updated with additional information.
View 0 Comments
Submit Correction
View Editorial & AI Guidelines