A federal judge in Tennessee has issued a formal warning to Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem, threatening them with potential sanctions for making prejudicial statements about Kilmar Abrego Garcia’s criminal case. The judge, U.S. District Judge Waverly Crenshaw, emphasized that DOJ and DHS employees must comply with the requirement to refrain from making any comments that could materially prejudice the prosecution of Abrego Garcia, a Salvadoran national now facing federal charges of human smuggling and conspiracy.
In a memorandum opinion, Crenshaw outlined the consequences of failing to adhere to these guidelines, stating, “DOJ and DHS employees who fail to comply with the requirement to refrain from making any statement that ‘will have a substantial likelihood of materially prejudicing’ this criminal prosecution may be subject to sanctions.” The decision follows concerns that statements by Bondi and Noem have influenced public perception and possibly compromised the fairness of the trial.
Abrego Garcia was deported earlier this year from the United States before being returned to face charges in the Middle District of Tennessee. He is accused of participating in a human smuggling operation, with Bondi describing him as a full-time smuggler who made over 100 trips transporting women, children, and MS-13 gang-affiliated individuals. The judge’s ruling comes as part of a broader legal challenge over the alleged bias in the case, with Abrego Garcia requesting the court to limit extra-judicial comments to ensure an impartial jury.
Crenshaw’s opinion noted that media attention on Abrego Garcia began as early as March 2025, when the U.S. government sent him to El Salvador, months before his indictment in Tennessee. The judge highlighted that government officials had made misleading or exaggerated statements about Abrego’s character and alleged guilt, including claims by Noem that he was a “MS-13 gang member, human trafficker, serial domestic abuser, and child predator.” Bondi had previously stated that Abrego was a smuggler who made over 100 trips across the U.S. during his job, rather than as a contractor.
The judge also addressed the involvement of Trump Cabinet members, who have raised concerns about the nature of the prosecution, alleging that it may be vindictive. While the judge did not issue a gag order, he called out the violation of a court rule restricting government officials from making public statements about an ongoing case. The ruling has sparked calls for transparency, as the Justice Department and Homeland Security have not yet commented on the allegations.