The chief federal judge for Rhode Island on Tuesday formally rebuked Immigration and Customs Enforcement officials for what he described as an unfounded public attack on a colleague that endangered her and eroded trust in the courts.
The dispute began in late April, when U.S. District Judge Melissa DuBose ruled in favor of releasing Bryan Rafael Gomez from ICE custody pending a bond hearing. DuBose made the ruling without knowing that Gomez was wanted in connection with a homicide in the Dominican Republic. The information had been withheld by Kevin Bolan, a lawyer in the Rhode Island U.S. attorney’s office who represented federal agency heads including the ICE director in the case. Bolan did not mention the arrest warrant in the brief he filed.
ICE officials then issued a press release that characterized DuBose as “an activist Biden judge” who “purposefully set free a violent criminal illegal alien,” according to the letter.
McConnell appointed a special counsel to investigate Bolan’s conduct. On Tuesday, the special counsel concluded that Bolan committed a “serious ethical violation” but should not face formal disciplinary proceedings, McConnell wrote in a cautionary letter to the attorney.
“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 of justice.”
McConnell noted that the investigation found Bolan did not act in bad faith or for personal gain. Bolan has apologized to DuBose and told the court that his decision to withhold the homicide information was in response to ICE guidance, according to the letter. McConnell added that the explanation “does not excuse” the conduct, which he said “failed to live up to the duty of candor this Court expects of all lawyers.” McConnell also said DuBose made “the appropriate decision” with the information she had at the time.
DuBose has asked ICE to remove the false press release from its website, according to CNN, but the release remained on the agency’s site as of Tuesday evening.