U.S. District Court Judge Waverly Crenshaw on Thursday declared it unclear whether his court has the authority to prohibit Department of Homeland Security (DHS) Secretary Kristi Noem from commenting on Kilmar Abrego Garcia, who remains jailed in Tennessee while awaiting trial for human smuggling charges, but cautioned attorneys involved with the case to refrain from making statements that could jeopardize the illegal immigrant’s ability to receive a fair trial.
The Thursday ruling from Crenshaw came after Abrego Garcia’s defense attorneys, part of a New York-based law firm that has represented clients ranging from former President Joe Biden to the former advice columnist who twice sued President Donald Trump, asked the judge to restrict Noem and other federal officials from commenting on the case.
Days before their request, Noem visited Nashville International Airport for a press conference, when she described Abrego Garcia as a member of the Central American gang, Mara Salvatrucha (MS-13), though he has denied such an affiliation. The secretary additionally described Abrego Garcia as “a human trafficker, a domestic abuser,” and “a criminal illegal alien.”
“The grand jury’s indictment describes a monster,” said Noem in Nashville. “Abrego was a full-time human trafficker who had brutally abused women under his control and even solicited individuals for child pornography.”
According to Abrego Garcia’s attorneys, the remarks by Noem ran afoul of Local Rule 2.01, which prohibits attorneys involved in a court case from making statements that could prejudice a jury, prompting Crenshaw to question whether a rule designed for attorneys involved in federal cases in Nashville could apply to a cabinet secretary.
“To the extent the Motions seek clarification that Local Rule 2.01 applies both to the Department of Justice and Department of Homeland Security, it is not clear on the record before the Court whether that is true of the latter,” wrote Crenshaw.
The judge nonetheless advised that compliance with the rule, “is not discretionary for all attorneys and their firms or agencies,” and instructed prosecutors to “ensure that any proper public communications include that the Indictment only contains allegations,” to make sure Abrego Garcia “receives a fair trial.”
Local Rule 2.01 was the subject of recent legal action by Nashville-based civil rights attorney Daniel Horwitz, who was blocked by a federal judge from commenting on his client’s case against a private prison company, citing the rule. A higher court sided with the attorney in May.
Horwitz represented The Tennessee Star Editor-in-Chief Michael Patrick Leahy in a matter related to his release of the Covenant School killer’s manifesto last year.
The Star was the first news organization to report that Abrego Garcia was stopped by Tennessee Highway Patrol (THP) in November 2022, and a THP spokesman later told The Star that troopers released Abrego Garcia at the instruction of the “Biden-era FBI.” A DHS document confirmed troopers suspected Abrego Garcia during the stop.
Previously deported in March, Abrego Garcia was returned to Tennessee in June, where he pleaded not guilty to the human smuggling charges. His trial is currently scheduled for January 2026, but a series of decisions by three federal judges may result in his deportation prior to trial.
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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 “Secretary Kristi Noem” by Secretary Kristi Noem.
