DOJ Possibly Facing Contempt Charges After Admitting DHS Press Release Was False

from the lawless-government dept

Let’s hope the word “possibly” can be stricken from this headline in the near future. And while contempt charges don’t mean much to an administration that is openly contemptuous of anything that hints at checks or balances, it would, at the very least, encourage other judges to stop treating the Trump DOJ like it’s worthy of anything less than contempt.

If nothing else, federal judge Melissa DuBose has at least forced the government to publicly admit it’s been lying to her.

A federal judge said Monday that the Trump administration had put her security at risk by posting a “patently false” allegation that she knowingly released an ICE detainee with an international warrant for murder.

Justice Department attorney Kevin Bolan profusely apologized to Rhode Island-based U.S. District Judge Melissa DuBose for the press release posted last week by the Department of Homeland Security, which Bolan acknowledged “simply was not true.”

Let’s go live (because — for whatever reason — the press release is still “live”) to the DHS website posting, which leads off with this headline because it’s operated by unserious people who have chosen to serve an autocratic megalomaniac rather than the nation itself:

Activist Biden Judge Releases Violent Criminal Illegal Alien Wanted for Murder

A judge ordering the release of an arrestee on bail is rarely reason for a public statement by a federal agency. Normally, they’ve got better stuff to do that engage in personal attacks on judges who have done nothing more than interpreted the law and ruled accordingly.

Every alleged crime is noted in bold type in the press release, which also includes this statement from the DHS (emphasis in the original):

“Bryan Rafael Gomez is a criminal illegal alien from the Dominican Republic with an international warrant for homicide,” said Acting Assistant Secretary Lauren Bis. “An activist judge appointed by Joe Biden released this wanted murderer back into American communities. This is yet another example of an activist judge trying to thwart President Trump’s mandate from the American people to remove criminal illegal aliens from our communities. Under President Trump and Secretary Mullin, DHS will continue to fight for the removal of criminal illegal aliens who have no right to be in our country.”

Even if you choose to ignore the headline and the politically motivated attacks on the judge, you’re still left with something that isn’t normally the way the federal government does business. After all, judges are part of a co-equal branch, and there’s little to be gained by pretending normal court stuff is “activism.”

There’s even less to be gained when it’s discovered that the government’s lawyers didn’t bother to apprise the judge of this homicide warrant the DHS is now using to attack the judiciary. And what’s left of the DOJ appears to have realized this belatedly. There’s a lot of contrition in this short filing that Assistant US Attorney Charles Calenda (who oversees the affected jurisdiction) hopes will defuse the judge’s righteous anger.

Signed by Assistant US Attorney Kevin Bolan, the response to Judge DuBose’s order to show cause blames ICE for misleading the judge, even though it was Bolan who ultimately did the misleading:

Before the response was filed, I had been informed by ICE about the Petitioner’s pending arrest warrant issued on January 24, 2023, from a court in the Dominican Republic and that I could not disclose that information. I was not aware that ICE had previously disclosed that same information on April 16, 2026. In failing to disclose the information regarding Petitioner’s criminal history, I relied on ICE’s representation that I was not permitted to disclose that information and understood that a legitimate law enforcement reason prevented disclosure. Judge DuBose, therefore, lacked that information about the Petitioner’s criminal background when she granted the petition.

I sincerely apologize to Judge DuBose, personally, and to the entire Court for the consequences of this lack of disclosure.

Sure, contrition is welcomed. But it’s not quite as welcome when (1) ICE had already disclosed this fact, (2) the DHS continues to post an unwarranted attack on this “activist judge,” and (3) nobody in the government appears willing to act honestly until a court forces them to do it.

The DOJ may have some plausible deniability, but that relies on everyone assuming this administration is so disjointed some fingers may not even know what other fingers are doing, which is something that needs to be addressed before we get to larger questions vis-à-vis right hands and left hands knowing what each other are up to.

And while the DOJ may have some legitimate complaints about being both understaffed and overwhelmed by immigration cases, the problem lies with Donald Trump and his cabinet full of bigoted middle managers. The administration is still hoping to eject nearly a half-million more people by the end of the year. Meanwhile, the DOJ continues to bleed talent thanks to loyalty purges and prosecutors walking off the job because they can’t stomach what they’re being commanded to do.

The solution is contempt charges. It’s not a perfect solution, but it’s a start. Judge DuBose says she’s looking at both the DOJ and DHS. If any entity should bear the brunt of this, it’s the DHS, which continues to post misleading invective targeting this judge, as well as being instrumental in the burial of information the judge should have had access to while making a release determination.

And while I understand that contempt charges just mean taxpayers will continue to bail out an administration unworthy of its tax dollars, it will at least contribute to the steady drip of adverse rulings. When enough of those pile up, it becomes a flood this administration won’t be able to contain.

Filed Under: contempt, dhs, doj, kevin bolan, mass deportation, rhode island, rule of law, trump administration