A legal filing submitted by the criminal defense attorneys for Kilmar Abrego Garcia on Thursday night asked U.S. District Court Judge Waverly Crenshaw to issue an order prohibiting Attorney General Pam Bondi, DHS Secretary Kristi Noem, and other Trump administration officials from making “extrajudicial comments” about the case against the alleged human smuggler.
The motion specifically requested Crenshaw to prohibit the prosecutors, as well as “everyone in their supervisory chain,” plus Bondi and Noem, from making extrajudicial comments that pose a substantial likelihood of materially prejudicing this proceeding.”
If Crenshaw is unwilling to issue such an order, Abrego Garcia requested through his attorneys, “that the Court order the government to describe promptly the steps it has taken to comply with its prior order requiring that “all counsel,” comply Local Criminal Rules 2.01(a)(1) and (a)(4), as well as Tennessee Rule of Professional Conduct 3.8(f).
Local Rule 2.01(a)(1) forbids attorneys who participate in litigation or investigation from making an “extrajudicial statement,” other than quotes or references from public records, if they “reasonably should know” such remarks “will be disseminated by public communication, and will have substantial likelihood of materially prejudicing an adjudicative proceeding,” especially if it could interfere with a defendant’s right to receive a fair trial.
The second portion of the cited rule, 2.01(a)(4), extends these provisions, “to the law firm and government agencies or offices, and the partners and employees of such firms, government agencies or offices, with which the lawyer is associated.”
Federal prosecutors in Tennessee ultimately answer to the attorney general, in this case Bondi; however, it is unclear what association the prosecutors in the case may have with Noem or other executive branch officials cited by Abrego Garcia’s attorneys.
Tennessee Rule of Professional Conduct 3.8(f) similarly prohibits a “prosecutor in a criminal case” from, “making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused,” while also instructing prosecutors to, “exercise reasonable care to prevent employees of the prosecutor’s office from making an extrajudicial statement that the prosecutor would be prohibited from making,” under Tennessee’s rules for prosecutors.
Neither Bondi nor Noem is an employee within the prosecutors’ office in Middle Tennessee, making it unclear whether this portion applies to the cabinet members.
When previously asked to issue a similar ruling last month, Crenshaw stated in an order that it was “not clear” whether the local rules would apply to those accused of making inappropriate comments about the case.
“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 in his August ruling.
He nonetheless stated that the rule was not optional for prosecutors and their agencies, and advised against making statements that could jeopardize Abrego Garcia’s ability to receive a fair trial.
The criminal indictment against Abrego Garcia was unsealed in June, when he was returned to Tennessee from El Salvador.
It stems from the November 2022 traffic stop of Abrego Garcia by Tennessee Highway Patrol (THP), which was first reported by The Tennessee Star. A spokesman for THP later told The Star that Abrego Garcia was released at the instruction of the “Biden-era FBI,” and a DHS document showed troopers suspected human trafficking.
Abrego Garcia has pleaded not guilty to the human smuggling charges. His case is scheduled to reach trial in January 2026.
A legal filing submitted by the criminal defense attorneys for Kilmar Abrego Garcia on Thursday night asked U.S. District Court Judge Waverly Crenshaw to issue an order prohibiting Attorney General Pam Bondi, DHS Secretary Kristi Noem, and other Trump administration officials from making “extrajudicial comments” about the case against the alleged human smuggler.
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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 “Pam Bondi” by DOJ.
The illegal alien Garcia has received due process. His guilt or innocence is a moot point. All of the conditions for his deportation have been met so deport him already! And to Hell with his defense lawyers and the leftist judges who’ve tried to stop his deportation!