A source told The Tennessee Star on Friday that Ben Schrader, the former U.S. Department of Justice (DOJ) prosecutor who reportedly resigned over his opposition to the federal human smuggling case brought against Kilmar Abrego Garcia, is among the candidates under consideration for a magistrate judge position by the U.S. District Court for the Middle District of Tennessee.
Schrader’s interest in a magistrate judge position comes following the announcement earlier this year that Magistrate Judge Alistair Newbern will retire on January 2, 2026, prompting the court to issue a call for applications in July.
According to the Tennessee Bar Association, those interested were instructed to apply by no later than August 15.
Information about applicants is withheld as part of the court’s policy. The Star contacted Schrader to confirm he submitted an application for the magistrate judge position, but did not receive an immediate reply.
Schrader (pictured above) resigned from his role as the Chief of the Criminal Division earlier this year, and after Abrego Garcia was indicted in June, it was reported he left over concerns that the charges were brought “for political reasons.”
Though not confirmed by Schrader, the criminal defense attorneys representing Abrego Garcia recently went further, claiming in a court filing that the former DOJ prosecutor specifically, “resigned rather than bring this vindictive prosecution himself.”
Seemingly issued in July, the court’s public notice for the magistrate judge position notably appears to contradict the Trump administration’s efforts to curtail Diversity, Equity, and Inclusion (DEI) at the federal level, specifically the administration’s work to prohibit federal hiring practices which seek to intentionally change the demographic makeup of employees.
“The essential function of courts is to dispense justice,” the court’s public notice stated. “An important component of this function is the creation and maintenance of diversity in the court system.”
After stating that the dispensation of justice requires diversity, the public notice added, “A community’s belief that a court dispenses justice is heightened when the court reflects the community’s racial, ethnic, and gender diversity.”
However, the public notice later states, “An affirmative effort will be made to give due consideration to all qualified applicants without regard to race, color, age (40 and over), gender, religion, national origin, or disability.”
Those who apply for the magistrate judge position are first screened by a panel of nine judges, who recommend five candidates. Following FBI background checks and IRS tax checks, a final candidate is then selected for an eight-year term. Magistrate judges earn about $230,000 annually.
This news emerges weeks after Dr. Carol Swain suggested Magistrate Judge Barbara Holmes should be replaced after the federal magistrate agreed to release the transgender individual accused of making death threats against U.S. Senator Marsha Blackburn (R-TN).
Holmes was the same magistrate judge who agreed to release Abrego Garcia from federal custody. The alleged human smuggler surrendered to immigration authorities days later in Maryland.
Originally deported by the Trump administration earlier this year, Abrego Garcia was returned to Tennessee in June, when U.S. Attorney General Pam Bondi unsealed the indictment accusing him of spending nearly a decade embroiled in a human smuggling ring.
The case stems from the Tennessee Highway Patrol (THP) traffic stop of Abrego Garcia in November 2022, when a federal immigration document shows troopers suspected human trafficking, but a THP spokesman told The Star that the troopers were nonetheless instructed to release Abrego Garcia by the “Biden-era FBI.”
Abrego Garcia has pleaded not guilty to the charges. His case is scheduled to reach trial in January 2026.
– – –
Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Photo “Ben Schrader” by Ben Schrader.
