A federal judge in Rhode Island is pushing back hard against what appears to be a smear campaign mounted against her by the Trump Administration.
Judge Melissa DuBose cited lawyer Kevin M. Bolan’s “lack of candor” about the criminal record of an immigration detainee last month, when DuBose was considering the detainee’s release. Bolan, who heads the civil division of the Rhode Island U.S. Attorney’s Office, now faces possible misconduct charges.
The immigrant, Bryan Rafael Gomez, was turned over to U.S. Immigration and Customs Enforcement after his arrest on April 4 on assault and battery charges in Worcester, Mass.
Judge DuBose ordered his release on April 28. Immediately afterward, the Department of Homeland Security accused the judge of releasing “a violent criminal illegal alien who is wanted for murder in the Dominican Republic.”
A statement still posted on the D.H.S. website attacks Judge DuBose, saying, “An activist judge appointed by Joe Biden released this wanted murderer back into American communities.”
Judge DuBose called the Homeland Security statement “dangerous,” noting that other judges have faced violent threats after similar attacks by the Trump Administration.
It turns out D.H.S. instructed Bolan not to disclose that Gomez faced a foreign murder allegation prior to Judge DuBose’s decision to order his release, according to court filings.
“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 a court filing.
The Rhode Island U.S. Attorney’s Office has asked the Department of Homeland Security to take the accusatory webpage down, according to Bolan.
“Judge DuBose did not have knowledge at the time of her ruling that Gomez was wanted by authorities in the Dominican Republic,” said a statement attributed to First Assistant United States Attorney Charles C. Calenda.
Bolan now faces a misconduct investigation under the court’s local rules. Possible sanctions include reprimands, fines, or disbarment. The judge suggested Monday that D.H.S. could face sanctions too.
Judge DuBose has now ordered that Gomez be taken back into custody. Gomez’s lawyer disputes both the assault and battery charges and the Dominican murder allegation.
