Here in the United States, as a matter of federal criminal procedure, prosecutors are prevented from making false statements, or even misleading statements about people who are accused, outside of the courtroom. The idea here is the weight of the government should not be allowed to try to taint the jury pool or subvert and/or prevent the constitutionally required fair trial by a jury of the accused's peers -- by enflaming local passions in the press.
There is a specific Tennessee law that prevents that sort of prosecutorial misconduct, on pain of criminal proceedings against the involved prosecutor.
This past Monday, Kristi Noem flew all the way from DC to Nashville to hold a press conference, excluded Representative Justin Jones (D., Nashville), now a friend of mine, from that press availability -- and made manifold false claims to the press on TV right in front of the Abrego jury pool in Nashville. This was not the first time she and her Noemites did this -- but it was the first time she personally appeared inside Nashville for an agitprop session.
Make no mistake: Noem herself is committing crimes in Tennessee -- because she well-knows her "Abrego case" (such as it is) is dead in the water. Here's all that in an overnight defense motion before the able USDC Judge Crenshaw:
. . .These comments made by a sitting cabinet secretary (and one of the Nation's highest ranking law enforcement officials) in this District, mere miles from the courthouse where Mr. Abrego's case is pending 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. See M.D. Tenn. L. Crim. R. 2.01(a)(2)(B)(), (viii). 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." See id. 2.01(a)(2)(B)(vi), (vii). Especially given that Secretary Noem went out of her way to come to this District and make these remarks to the local press, these statements are not just highly likely to taint the jury pool; they appear calculated to maximize the prejudice to Mr. Abrego. In light of the significant potential prejudice, on July 21, the defense requested that the government issue a retraction. . . .
As the Court is aware, since Mr. Abrego was illegally renditioned to El Salvador, the government has waged a public disparagement campaign against him that has only intensified since he was indicted in this District. See ECF 69 at 3-6. On July 2, 2025, Mr. Abrego requested that the Court order that the parties comply with Local Criminal Rule 2.01, which prohibits making "an extrajudicial statement. . . that. . . will be disseminated by public communication, and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter," M.D. Tenn. L. Crim. R. 2.01(a)(1). See ECF 69.The Rule applies to both lawyers and the "government agencies or offices. . . and employees of such. . . government agencies or offices, with which the lawyer is associated." Id. 2.01(a)(4). On July 3, the Court granted Mr. Abrego's motion. See ECF 73.
That same day, to ensure compliance with the Court's order, defense counsel requested in writing that the government confirm that it would send the order to personnel in their supervisory chains and any government agencies or offices involved in the case, as defined in Local Criminal Rule 2.01(a)(4). On July 9, defense counsel sent a second written request for the same confirmation. The government has not yet responded to either of defense counsel's queries. . . .
Do read it all -- but I won't reprint her criminally slanderous lies.
Onward now -- to survey the Iron Man '25 water course… here with my running shoes in the dirt, in Boise… grin. Out.
नमस्ते
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