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Tag: Gag Order

  • Abrego Garcia’s lawyers seek gag order on Trump administration officials after perp walk video – WTOP News

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    Attorneys for Kilmar Abrego Garcia have asked a federal judge to order Trump administration officials to stop making negative comments about him that they say could jeopardize his right to a fair trial.

    Attorneys for Kilmar Abrego Garcia, the Salvadoran national who was erroneously deported to El Salvador earlier this year, have asked a federal judge to order Trump administration officials to stop making negative comments about him that they say could jeopardize his right to a fair trial on human smuggling charges in Tennessee.

    In a Thursday filing, Abrego Garcia’s lawyers said top U.S. government officials from the White House, Department of Justice and Department of Homeland Security “have attacked Mr. Abrego in the media in numerous highly prejudicial, inflammatory, and false statements.”

    His lawyers said officials have “expressed the opinion that he is guilty of the crimes charged and far worse.”

    The Maryland construction worker, 30, was detained Monday in Baltimore by U.S. Immigration and Customs Enforcement after leaving a Tennessee jail last Friday, Aug. 22. Administration officials have said he’s part of the dangerous MS-13 gang, and plan to deport him to the African country of Uganda.

    Abrego Garcia’s attorneys have denied allegations that he is part of the gang. In the filing, they referenced statements from officials that label him as someone who’s committed various crimes, even though he hasn’t been convicted of any crimes.

    The charges in Tennessee are connected to a 2022 traffic stop, during which officers said he was pulled over for speeding. Abrego Garcia had $1,400 in cash on him and nine passengers in the SUV. Officers had a conversation about their suspicions of smuggling, but he was allowed to drive away with only a warning.

    The indictment alleges from 2016 to 2025 Abrego Garcia was involved in a conspiracy to transport migrants who were already in the country. Abrego Garcia has pleaded not guilty.

    This past Monday, shortly after Abrego Garcia was taken into custody, the Department of Homeland Security, on its official X account, posted video of him, handcuffed and shackled, being walked toward an elevator in the Baltimore field office by an ICE agent.

    Homeland Security Secretary Kristi Noem issued a statement announcing Abrego Garcia’s ICE arrest: “President Trump is not going to allow this illegal alien, who is an MS-13 gang member, human trafficker, serial domestic abuser, and child predator, to terrorize American citizens any longer.”

    The unproven allegations in the DHS statement are included in the charging documents in the U.S.’s Tennessee case against Abrego Garcia. Government officials have acknowledged the in-depth investigation, and eventual indictment against Abrego Garcia began after he had already filed a federal lawsuit in Maryland, challenging his deportation to El Salvador.

    During broadcast and published interviews since Abrego Garcia was taken into ICE custody Monday, government officials have described him as “a gang member and designated terrorist,” as well as a “wife beater, pedophile, human trafficker.”

    Noem’s comments included, “He’s a horrible individual who needs to be held accountable for his crimes.”

    This is the third request to the judge to stem extrajudicial comments from U.S. officials from any agency who could play a role in Abrego Garcia’s prosecution.

    “If the government is allowed to continue this way, it will taint any conceivable jury pool by exposing the entire country to irrelevant, prejudicial, and false claims against Mr. Abrego,” Abrego Garcia’s lawyers wrote.

    After being taken into ICE custody earlier this week, Abrego Garcia’s attorneys said he is seeking asylum in the U.S.

    Maryland District Court Judge Paula Xinis, who is overseeing a suit challenging Abrego Garcia’s detention and deportation, has ruled the government cannot remove him from the continental U.S. before an evidentiary hearing for the lawsuit on Oct. 6.

    She also ordered that he be kept within 200 miles of her court in Greenbelt to ensure he can access his lawyers. He’s being held at a detention facility in Farmville, Virginia, which is west of Richmond, according to ICE’s website.

    In a statement emailed to The Associated Press, the Department of Homeland Security said the media has peddled a sob story about Abrego Garcia that has “completely fallen apart.”

    The Associated Press contributed to this report.

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    Neal Augenstein

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  • Donald Trump may have just broken his gag order

    Donald Trump may have just broken his gag order

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    Donald Trump may have violated his gag order imposed against him in his federal election case after he attacked former U.S. Attorney General Bill Barr as a “coward.”

    Speaking at the Young Republican Club’s 111th annual gala in New York on Saturday night, Trump promised he would not rehire Barr back as attorney general if reelected president, while also criticizing him for refusing to support the former president’s election fraud claims.

    “I make this commitment to you tonight. We will not have Bill Barr as our attorney general, is that OK?” Trump said. “He was a coward. He was afraid of being impeached.”

    Barr resigned as attorney general in December 2020 after Trump continued to falsely say the election he lost to President Joe Biden was “stolen” due to unproven widespread voter fraud, even after Barr publicly stated that the Department of Justice had found no evidence to back up the claims.

    Donald Trump speaks at the New York Young Republican Club Gala on December 9, 2023, in New York City. The former president is accused of violating his federal gag order during his speech at the event.
    Michael M. Santiago/Getty Images

    There are now suggestions that Barr could be called upon as a witness in Special Counsel Jack Smith‘s election interference case against Trump, where the former president has pleaded not guilty to four charges.

    Federal prosecutors are hoping to show to a jury that Trump was well aware he lost the 2020 race fairly, but continued to push false election fraud claims which ultimately resulted in the January 6 attack at the Capitol.

    If Barr is a potential witness in the federal trial, then Trump’s comments may have violated the gag order imposed by Judge Tanya Chutkan, which was largely upheld by an appeals court on Friday.

    The slightly narrowed gag order allows Trump to personally attack Smith ahead of his March 2024 trial, but is prohibited from “making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding.”

    Allison Gill, who posts on X, formerly Twitter, using the account for the Mueller, She Wrote podcast, was one of those who suggested Trump violated his gag order with his comments on Barr.

    “Tonight in a speech, Trump called Bill Barr a coward. The D.C. circuit court of appeals had already reinstated the gag order preventing him from attacking foreseeable witnesses in the D.C. case,” she wrote. “Bill Barr is a foreseeable witness. Trump has violated the gag order.”

    Ben Meiselas, co-founder of the liberal news website Meidas Touch, also suggested Trump likely violated his gag order during his speech.

    Trump’s legal team has been contacted for comment via email. Smith’s office declined to comment when contacted by Newsweek.

    Trump, the frontrunner in the GOP presidential primary, has frequently accused the gag order of being a violation of his First Amendment right amid his latest White House campaign.

    “An Appeals Court has just largely upheld the Gag Order against me in the ridiculous J6 Case, where the Unselect January 6th Committee deleted and destroyed almost all Documents and Evidence, saying that I can be barred from talking and, in effect, telling the truth,” Trump wrote on Truth Social.

    “In other words, people can speak violently and viciously against me, or attack me in any form, but I am not allowed to respond, in kind. What is becoming of our First Amendment, what is becoming of our Country? We will appeal this decision!”

    ‘I Want To Be a Dictator for One Day’

    Elsewhere during his speech at the Young Republican Club’s gala, Trump repeated his remarks that he wants to be dictator “for one day” if he is reelected president to implement some of his policies.

    Trump was heavily criticized after he told Fox NewsSean Hannity during a recent town hall that he would not abuse his power as president “except for day one,” because he wants to “close the border and I want to drill, drill, drill,” in reference to his vow to expand oil drilling in the U.S.

    When Hannity responded with, with “that’s not retribution,” Trump adds: “I love this guy, he says, ‘you’re not going to be a dictator are you?’ I said no, no, no, other than day one. We’re closing the border and we’re drilling, drilling, drilling. After that, I’m not a dictator.”

    During his Saturday speech, Trump repeated his claim that he wants to be dictator “one day” if he reenters the White House.

    “[Peter] Baker today in The New York Times, he said that I want to be a dictator. I didn’t say that, I said I want to be a dictator for one day,” Trump said.

    “And you know why I wanted to be a dictator? Because I want a wall, right? I want a wall and I want to drill, drill, drill.”