U.S. District Court Judge Waverly Crenshaw, the Obama-appointed judge overseeing the federal human smuggling case against Kilmar Abrego Garcia, last week ordered the Department of Justice (DOJ) and Abrego Garcia’s attorneys to submit updates on their handling of his July order prohibiting counsel from making extrajudicial statements about the defendant without acknowledging that he is innocent until proven guilty.
Those reports must be submitted to the court by Friday, but Crenshaw additionally said the prosecutors must respond to the August request by Abrego Garcia’s attorneys to issue an order prohibiting U.S. Department of Homeland Security (DHS) Secretary Kristi Noem and Attorney General Pam Bondi from making extrajudicial comments about Abrego Garcia by October 10.
While the judge previously said it was unclear whether the local court rules in Tennessee could be applied to federal agencies operating under the executive branch of government, Abrego Garcia’s attorneys argued in August that Crenshaw had the authority to order “the law enforcement agency responsible for the case – here, DHS – to cease making prejudicial extrajudicial statements to ensure the defendant receives a fair trial.”
The defense attorneys later wrote, “the Court can permissibly order the United States Attorney General—the official ultimately responsible for the prosecution of this case—to stop making prejudicial extrajudicial statements.”
Crenshaw’s latest order comes after nearly a month of inaction on the request by Abrego Garcia, and also came with a requirement for the prosecutors and defense attorneys to, “meet and confer on an agreed order to resolve the motion,” prior to the October 10 deadline.
The criminal case against Abrego Garcia stems from his November 2022 stop by the Tennessee Highway Patrol (THP), which The Tennessee Star first reported in April. Despite a DHS document showing troopers suspected human trafficking, the THP told The Star that Abrego Garcia was released at the instruction of the “Biden-era FBI.”
Abrego Garcia pleaded not guilty to the charges in the indictment in June, and his case is currently scheduled to reach trial in January 2026.
Briefly released from federal custody in August, Abrego Garcia is currently in federal custody at a U.S. Immigration and Customs Enforcement (ICE) processing center in Pennsylvania.
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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 “Judge Waverly Crenshaw” by Nashville School of Law.
This case shows how politics can really complicate the justice system. I think the judge is right to make sure the trial stays fair and not influenced by outside statements.
Why is it taking so long to send this guy to the back side of the moon where he belongs?
Why is this judge protecting an illegal gang-banger and human trafficker?