Attorneys for Kilmar Abrego Garcia filed a reply memorandum urging U.S. District Judge Waverly Crenshaw to sanction the Trump administration for alleged violations of a court gag order by DHS officials Gregory Bovino and Tricia McLaughlin. The dispute centers on extrajudicial statements made publicly despite the October 27, 2025, order prohibiting DOJ and DHS employees from comments likely to prejudice Abrego Garcia’s fair trial rights.​
Gag Order Background
Judge Crenshaw enforced a local rule in late October 2025 barring DOJ and DHS personnel from extrajudicial statements with a substantial likelihood of materially prejudicing the case. The order followed Abrego Garcia’s August request targeting officials like Attorney General Pam Bondi and DHS Secretary Kristi Noem. It explicitly applies to agency employees, putting them on notice.​
Bovino’s Statements
Chief Border Patrol Agent Gregory Bovino appeared on Fox News and Newsmax in mid-December 2025, making remarks about Abrego Garcia—though not naming him explicitly—that defense attorneys called inflammatory and prejudicial, such as calls for immediate deportation. The DOJ defended these as necessary responses to Abrego Garcia’s own December 12 press conference and argued no editorial control over news chyrons, while challenging the order on First Amendment grounds.​
DOJ’s Defense
The government claimed Bovino’s comments protected U.S. interests from the defendant’s actions and fell under local rule exceptions for responding to prejudicial conduct by the defense. DOJ asserted the rule does not apply to Bovino and dismissed sanctions as an overreach. Defense countered that Abrego Garcia’s generalized statements about injustices did not violate the rule, and the proper remedy was a motion, not public comments.​
New Alleged Violation
Abrego Garcia’s lawyers accused DHS Assistant Secretary Tricia McLaughlin of another breach in a December 27, 2025, X post labeling him an “MS-13 terrorist” released by a “rogue judge” and making TikToks while DHS faced a gag order. They seek court-ordered discovery on whether DOJ informed Bovino and McLaughlin of the order and authorized their statements. No ruling on sanctions has been issued as of early January 2026.
