The Department of Homeland Security’s complaint about being under a gag order on Saturday in its case against Kilmar Abrego Garcia, a Maryland man who the Trump administration illegally deported to a notorious prison in El Salvador earlier this year, likely violated the court order.
Tricia McLaughlin, the Assistant Secretary for Public Affairs at the DHS, said that Abrego Garcia being able to make viral TikTok posts was unfair in a rant on X: “American justice ceases to function when its arbiters silence law enforcement and give megaphones to those who oppose our legal system.”
But this “gag order” isn’t specific to Abrego Garcia’s case. As a Saturday court filing states, local criminal rule in the Middle District of Tennessee already blocks DOJ and DHS employees from making extrajudicial remarks that will ‘have a substantial likelihood of materially prejudicing” a defendant’s right to a fair trial. In other words, it is not politically motivated.
McLaughlin’s post boosted another post calling Abrego Garcia an “MS-13 terrorist.” The Trump administration has accused Abrego Garcia of being a member of MS-13, which a federal judge has ruled as unfounded.
in order to represent yourself, the judge has to determine that you are competent to represent yourself. a few questions (“do you understand the charges?” “do you understand the severity of the charges [i.e., do you know the maximum sentence you can get]?”) answered correctly generally establishes competence. I’m guessing defendant was either found incompetent or spoiled the jury pool via sovcit bullshittery and they had to get another (which the sovcit thought meant they were acquitted), hence the yelling.
All sounds plausible to me!