A statue of the Scales of Justice casts a shadow on a U.S. courthouse in Alexandria, Virginia. On Tuesday, a federal judge scolded ICE officials for an “unfounded public attack” on another judge. File Photo by Mike Theiler/UPI | License Photo
Rhode Island’s top federal judge rebuked Immigration and Customs Enforcement officials Tuesday, blaming the agency for “an unfounded public attack” on another judge that “put her in personal danger” and undermined faith in federal courts.
The situation started when Kevin Bolan, a lawyer in the Rhode Island U.S. attorney’s office, withheld information about a migrant in a court brief, CNN reported.
Bolan represented federal governmental agency heads, including the director of ICE, in a case in which the migrant, Bryan Rafael Gomez, sought release from ICE custody. The lawyer did not mention in a brief he filed that Gomez was wanted in connection with a homicide in the Dominican Republic.
In late April, District Judge Melissa DuBose ruled in favor of Gomez’s release pending a bond hearing. ICE officials then issued a press release suggesting that she knew about the arrest warrant and was “an activist Biden judge” who purposefully set free “a violent criminal illegal alien.”
Chief Judge John McConnell appointed a special counsel to investigate alleged misconduct by Bolan. On Tuesday, that special counsel found that Bolan made a serious ethical violation but should not face formal disciplinary proceedings.
In a cautionary letter, McConnell told Bolan that his conduct “failed to live up to the duty of candor this Court expects of all lawyers” and that DuBose made the appropriate decision with the information she had, leading to the ICE attack on her.
“This false public statement by ICE put her in personal danger and undermined public faith in the federal courts,” McConnell wrote. “To add to the harm, (Gomez) thereafter failed to report as ordered. While you had no involvement in the ICE news release, the role you played in the chain of events was a critical link in a sequence that led to a serious failure ofjustice.”
The investigation found that Bolan did not act in bad faith or for personal gain, and McConnell noted in his letter that the attorney has apologized to DuBose. He also noted that Bolan said his decision to withhold the information was in response to ICE guidance.
DuBose has asked ICE to remove the false press release from its website, CNN reported, but the release remains as of Tuesday evening.
