The federal judge in Tennessee overseeing Kilmar Abrego Garcia’s criminal case told the Trump administration on Thursday that officials must moderate their public comments about him to ensure he received a fair trial.
The order from US District Judge Waverly Crenshaw comes a week after attorneys for Abrego Garcia, who was mistakenly deported to El Salvador earlier this year and brought back to the US in June to face human smuggling charges, complained to the judge about “inflammatory” comments Homeland Security Secretary Kristi Noem and others made about him earlier this month.
“To ensure that Abrego receives a fair trial, all counsel are subject to” rules prohibiting extrajudicial statements that could interfere with a criminal defendant having a fair trial, Crenshaw, an appointee of former President Barack Obama, wrote in the brief order.
“All counsel and those working with counsel shall ensure that any proper public communications include that the Indictment only contains allegations,” the judge added. “Our Constitution requires that Abrego is presumed innocent unless and until proven guilty beyond a reasonable doubt by a jury.”
Earlier this month, as Crenshaw was considering whether to let Abrego Garcia remain free while his case unfolds, Noem attacked Abrego Garcia during a press conference in Nashville. She referred to him as a “monster” and made other disparaging remarks about him.
“I hope this judge does the right thing and brings this man to justice for the crimes that he has committed, and this judge needs to apply the law equally to every single person that shows up in his courtroom,” Noem said at the time.
Abrego Garcia’s attorneys said those comments and others from a spokeswoman for the department had the potential “to taint the jury pool” and put Abrego Garcia and his family in danger.
“The Court’s intervention is required to protect Mr. Abrego’s right to a fair trial, his safety, and the integrity of these proceedings,” the lawyers wrote in court filings.
Crenshaw and a federal magistrate judge in Tennessee have concluded that prosecutors have not put forward enough evidence to support their request that Abrego Garcia remain behind bars while his trial unfolds.
But he’ll remain in criminal custody for several more weeks after the magistrate judge agreed to an unopposed request from his lawyers that was meant to ensure he wouldn’t be hastily deported again.
For more CNN news and newsletters create an account at CNN.com
