U.S. District Court Judge Waverly Crenshaw was asked on Tuesday to issue a ruling which would clarify that U.S. Department of Homeland Security (DHS) Secretary Kristi Noem, as well as the agency she leads, are subject to a local court rule they say precludes government officials associated with the Abrego Garcia investigation from making disparaging remarks about the alleged human smuggler.
Abrego Garica’s attorneys claim that Noem violated Local Rule 2.01, which prohibits any “lawyer who is participating or has participated in the investigation or litigation of a matter,” from making “an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by public communication,” which could taint a potential jury, and jeopardize the defendant’s ability to receive a fair trial.
It asks Noem to be considered subject to this rule due to her position as the head of DHS, as though she is not an attorney, the cabinet secretary made remarks about Abrego Garcia during her recent press conference in Nashville, when she visited to offer details about some of the 196 illegal immigrants detained in Metro Nashville during a May enforcement operation.
“We all remember the story of Kilmar Abrego Garcia, the MS-13 member,” said Noem, referencing allegations of gang membership the illegal immigrant from El Salvador has denied.
Noem stated of Abrego Garcia, “He was a human trafficker, a domestic abuser, a criminal illegal alien, a national of El Salvador, and a member of MS-13.”
Accusing members of the press of falsely depicting Abrego Garcia “as an innocent Maryland man,” Noem claimed the El Salvadoran actually boasts, “decades long ties to a gang that has been convicted of human trafficking.”
She then turned to the criminal indictment that accuses Abrego Garcia of spending nearly a decade embroiled in a human smuggling ring.
“The grand jury’s indictment describes a monster,” said Noem. “Abrego was a full-time human trafficker, who had brutally abused women under his control, and even solicited individuals for child pornography.”
Prosecutors have interviewed a witness who reportedly knew Abrego Garcia when she was 15, and claimed she had a “sexualized relationship” with the alleged human smuggler.
According to the witness, Abrego Garcia requested she send sexually inappropriate photographs using the social media platform, Snapchat, which features disappearing messages.
In addition to requesting Crenshaw to deem Noem and her agency subject to the court’s rules, Abrego Garcia’s filing requests the U.S. Department of Justice (DOJ), “promptly notify all officials at DHS that are involved in the investigation of this case, and all officials in their supervisory chain, of the requirement to comply” with the rule.
When previously asked to enforce this rule, Crenshaw issued a one-sentence order on July 3, which stated, “All counsel are expected to comply with the Local Rules of this Court.”
The decision comes as Abrego Garcia remains in DOJ custody while awaiting a decision by Crenshaw as to whether he should be released from custody pending trial, though his lawyers submitted an unopposed motion requesting their client remain in custody for another 30 days, citing their concern he would be detained by U.S. Immigration and Customs Enforcement (ICE), then deported again, following his release.
Abrego Garcia is subject to a 2019 final deportation order, which specified he was withheld from deportation to Guatemala. However, he has successfully obtained judgments stating ICE was prohibited from deporting him to El Salvador, rendering his March deportation wrongful.
The Tennessee Star was the first outlet to report that Abrego Garcia was stopped by the Tennessee Highway Patrol (THP) in November 2022, when the “Biden-era FBI” instructed troopers to release him. DHS has since confirmed troopers suspected Abrego Garcia of human trafficking during the stop.
Abrego Garcia has pleaded not guilty to the human trafficking indictment. His trial is scheduled for January 27, 2026.
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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 “Krisit Noem” by Kristi Noem.
Another Marxist tyrant in a robe protecting a foreign national gang member engaged in human trafficking. When are these so-called judges going to be arrested?