A federal judge on Thursday instructed Justice Department lawyers to avoid making public remarks that could prejudice the jury in the criminal case against Kilmar Abrego Garcia, a Salvadoran national indicted last month on human smuggling charges.
U.S. District Judge Waverly Crenshaw issued the warning in a brief notice, reminding attorneys that they are expected to follow court rules limiting what can be publicly disclosed about criminal proceedings. “All counsel are expected to comply with the Local Rules of this Court,” Crenshaw wrote in a notice on the docket, referencing guidelines that prohibit statements that could influence public opinion or affect the fairness of the trial.
DOJ spokesman Chad Gilmartin has previously commented directly on the case, such as with a statement saying the “defendant has been charged with horrific crimes, including trafficking children, and will not walk free in our country again.”
The Trump administration has repeatedly said Abrego Garcia is a member of MS-13, which has been designated as a foreign terrorist organization by the federal government. A judge in 2019 found there was sufficient evidence to support the claim that Abrego Garcia was a member of MS-13, and a separate judge later upheld that finding.
Abrego Garcia remains in federal custody in Nashville, Tennessee, and is set to appear in court on July 16 for a hearing on his detention and case schedule.
His prosecution has drawn national scrutiny after Immigration and Customs Enforcement deported him to El Salvador from Maryland in March. This was despite a federal immigration judge’s limited 2019 order blocking his removal specifically to his country of origin, citing the defendant’s fears of rival gangs at the time.
Crenshaw’s notice comes one day after new court filings revealed Abrego Garcia allegedly suffered physical and psychological abuse during his time in El Salvador’s Centro de Confinamiento del Terrorismo prison following his March deportation, according to his defense lawyers. His counsel described him as being beaten, sleep-deprived, and confined to overcrowded, windowless cells in the CECOT facility. He said he lost over 30 pounds in two weeks and was told by guards he would be placed with gang members who would “tear” him apart.
Abrego Garcia was returned to the United States in June, weeks after a Supreme Court order found that the government should make efforts to “facilitate” his return. Upon his return, a federal grand jury indicted him on human smuggling charges tied to a 2022 traffic stop in Tennessee.
His separate civil lawsuit in Maryland has added more complexity and confusion to his case. While his lawyers there have pursued efforts for his relocation to Maryland pending his future criminal trial, his counsel has cited concerns that a Tennessee federal magistrate judge’s order allowing his pretrial release could allow a window for the Department of Homeland Security to try and deport him to a country other than El Salvador.
Now, his defense lawyers in Tennessee have convinced a federal court to allow Abrego Garcia to remain in jail due to the deportation concern, backtracking their previous efforts to see him released pending the trial.
JUDGE SAYS ABREGO GARCIA WILL REMAIN JAILED, CITING DEPORTATION CONCERNS
The DOJ has said it intends to proceed with the trial before taking further action on Abrego Garcia’s immigration status.
The Washington Examiner contacted lawyers for Abrego Garcia and the U.S. Attorney’s Office in Tennessee.
