NASHVILLE, Tenn. (WTVF) — Attorneys for Kilmar Abrego Garcia have accused U.S. Department of Homeland Security Secretary Kristi Noem of violating court rules in her Nashville press conference.
Noem was flanked by federal agents on Friday, where she hailed ICE efforts to arrest some of whom she referred to as the “worst of the worst."
Focus soon shifted from mass deportation efforts and attacks on Nashville Mayor Freddie O’Connell to Abrego Garcia’s human smuggling case in Tennessee.
“I am grateful that this man is being brought to justice. He has a lifetime of trafficking individuals and of taking advantage of minors, soliciting pornography from them, nude photos from them, abusing his wife, abusing other illegals, aliens that were in this country, and women that were under his care while he was trafficking them. He’s a horrible human being and a monster, and he should never be released free. . . . I hope this judge does the right thing and brings this man to justice for the crimes that he has committed. The evidence is overwhelming. This judge needs to make sure that he applies the law equally to every single person that shows up in his courtroom,” Noem said.
Attorneys for the man who was once wrongfully deported to El Salvador say Noem’s comments, “are precisely of the type that are most likely to prejudice Mr. Abrego’s right to a fair trial. Secretary Noem assailed Mr. Abrego’s character and reputation, including with verbal insults and allegations that are irrelevant to the offenses charged in the indictment and almost certainly inadmissible at trial.”
According to the filing, attorneys requested that the government issue a retraction on Monday but have not heard back from the Trump administration.
The filing now requests that U.S. District Judge Waverly Crenshaw clarify the requirements of "Local Criminal Rule 2.01" with DHS and make it clear that none of those involved in the investigation make extrajudicial claims against Abrego Garcia.
Local Criminal Rule 2.01 prohibits making extrajudicial statements that could be disseminated by public communication where it’s likely they could also prejudice a court proceeding.
Abrego Garcia’s attorneys say Noem went out of her way to come to Nashville and make remarks to the local press, “that are not just highly likely to taint the jury pool; they appear calculated to maximize the prejudice to Mr. Abrego.”
“She also presumed that Mr. Abrego is guilty, without regard to the judicial process or the presumption of innocence, and repeated the government’s refrain that Mr. Abrego should ‘never be released free,’” the motion read.
Attorneys say the local rules apply not just to attorneys in this case, but also to government agencies and offices with which the government is associated.
This is not the first time officials in the Trump administration have openly made remarks about Abrego Garcia while he awaits trial.
Abrego Garcia pleaded not guilty to two human smuggling charges stemming from a 2022 traffic stop where Tennessee Highway Patrol spotted him driving an SUV with nine other Hispanic men.
Prosecutors accuse Abrego Garcia of being part of a conspiracy, “to bring undocumented aliens to the United States from countries such as Guatemala, El Salvador, Honduras, Ecuador, and elsewhere, ultimately passing through Mexico before they cross into Texas.”
The Trump administration had previously deported Abrego Garcia in March to an El Salvador prison, despite a 2019 court order that barred him from being deported to the country where he feared for his life. Attorneys argued that this was done without sufficient due process, and later, a Supreme Court order requested that the Trump administration facilitate Abrego Garcia’s return.
Abrego Garcia walked off a plane and right into U.S. Marshal’s custody in Tennessee, where he’s been since June.
Abrego Garcia, however, remains in custody after attorneys convinced Holmes that keeping him in jail would prevent the Trump administration from prematurely deporting Abrego Garcia before trial.
Judge Crenshaw is reviewing arguments over whether to revoke Abrego Garcia’s release order, but defense attorneys say they’ve since learned that there are plans to deport Abrego Garcia as soon as he’s released on bail.
They’ve requested a 30-day stay on issuing a new release order if Crenshaw rules in their favor.
Crenshaw says we can expect a decision later this week. Meanwhile, U.S. District Judge Paula Xinis of Maryland also anticipates a ruling soon in Abrego Garcia’s case, where he’s suing the Trump administration over his wrongful deportation.