A Rhode Island federal judge’s clash with the Trump Administration over the court-ordered release of an immigration detainee accused of murder shows no signs of letting up.
The U.S. District Court has now appointed Niki Kuckes, a law professor at Roger Williams University, to investigate Assistant U.S. Attorney Kevin M. Bolan for possible misconduct charges under the court’s local rules.
Bolan hid the fact that a detainee in ICE custody, Bryan Rafael Gómez, was wanted for murder in the Dominican Republic, even though Bolan knew U.S. District Judge Melissa DuBose was considering Gómez’s release pending trial.
Unaware of that foreign arrest warrant, DuBose ordered Gomez released on bail April 28.
Immediately afterward, the Department of Homeland Security attacked her, claiming “an activist judge appointed by Joe Biden released a violent criminal illegal alien who is wanted for murder in the Dominican Republic.”
The attack was still live on the D.H.S. website as of Friday, despite a request earlier in the week from the Rhode Island U.S. Attorney’s Office to take it down.
Bolan has since admitted in court that his client, the Department of Homeland Security, told him to hide the Dominican murder charge from Judge DuBose.
“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,” Bolan said in an affidavit.
Bolan also claimed he was unaware ICE had previously issued a press release naming Gómez among five fugitives in their custody who are wanted for murder in their home countries.
On Monday, May 4, Judge DuBose ordered Gómez to be taken into custody and referred Bolan for possible misconduct charges. Possible punishments for Bolan range from a reprimand to fines and disbarment.
Gómez promised to turn himself in to the Boston ICE field office last Tuesday evening, according to court documents filed by his lawyer. But, according to the filing, he was still a no-show as of Friday.
According to Gómez’s lawyer, the suspect says he is innocent of both the murder charge and the Massachusetts assault charge that resulted in his initial arrest.
