A federal judge in Rhode Island referred a Justice Department lawyer for investigation into possible misconduct after he withheld details about a detainee’s overseas arrest warrant.
Kevin Bolan, who serves as the civil division chief of the U.S. Attorney’s Office for the District of Rhode Island, revealed he failed to disclose full case details to U.S. District Judge Melissa DuBose. The case pertains to an immigrant from the Dominican Republic who was arrested and subsequently released by the judge.
Bolan apologized for the omission, but DuBose ordered an investigation into the matter.
“It’s the candor and the lack of candor to this court that has to be addressed,” the Biden-nominated judge said in court on Tuesday. “And it has to be fully investigated, so we don’t have anything like this happen again.”
DuBose granted the release of Bryan Rafael Gomez, who was wanted for homicide by his native country. The criminal arrest was issued by an administrative body in Santo Domingo in January 2023. The Department of Homeland Security alleges that Gomez is an illegal immigrant.
The DHS attacked the judge for releasing the detainee from custody in a Thursday press release, calling her an “activist judge appointed by Joe Biden.” Bolan said the U.S. attorney’s office in Rhode Island requested the statement to be retracted. If the DOJ request is not honored, DuBose indicated she would use her authority to compel the DHS to take down the press release from its website.
DuBose did not know about the international charge because the DOJ lawyer did not inform her of the overseas warrant. Bolan said the DHS instructed him not to tell her about it before she issued the order granting Gomez’s release on April 28.
In a court filing, Bolan said he was aware of the homicide charge from the Dominican Republic but decided against sharing that detail with the judge after discussing the issue with the DHS. The lawyer cited an unspecified “legitimate law enforcement reason” that prevented him from disclosing it.
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The immigrant was arrested in Massachusetts on assault and bribery charges in early April. He was subsequently released on $500 bail and detained by Immigration and Customs Enforcement.
On Tuesday, DuBose ordered Gomez to appear at a bond hearing within seven days. The federal government asked her to reconsider her previous release order, arguing the detainee poses a public safety risk.
