Main: Acting Attorney General Todd Blanche speaks during a news conference regarding developments in the Trump Administration”s anti-fraud efforts, at the Justice Department in Washington, Tuesday, April 7, 2026 (AP Photo/J. Scott Applewhite). Left inset: U.S. District Judge Melissa DuBose (U.S. District Court).
After yet another court demanded to know why the DOJ shouldn’t be held in contempt, the Trump administration had little choice but to offer a straightforward apology to a Rhode Island jurist the Homeland Security Department wildly branded as an “Activist Biden Judge” who put Americans at risk.
In a one-page explanation on Friday, Assistant U.S. Attorney Kevin Bolan said he apologized “sincerely” to U.S. District Judge Melissa DuBose for the “consequences” of a “lack of disclosure” on his part as to a 2023 foreign homicide warrant against Bryan Rafael Gomez, the petitioner in a habeas corpus case.
According to the government lawyer, he was following ICE’s advice that he wasn’t allowed to “disclose that information,” not knowing that ICE “had previously disclosed that same information on April 16, 2026” — though not to the judge, who went on to order Gomez’s release while unaware of that serious warrant.
“In failing to disclose the information regarding Petitioner’s criminal history, 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. Judge DuBose, therefore, lacked that information about the Petitioner’s criminal background when she granted the petition,” Bolan clarified. “I sincerely apologize to Judge DuBose, personally, and to the entire Court for the consequences of this lack of disclosure.”
Notably, Acting Attorney General Todd Blanche was among the government lawyers who submitted the apology.
The DOJ separately released a statement to correct “media accounts” that claimed that the judge knew Gomez was wanted for murder in the Dominican Republic when she ordered his release last week.
“Yesterday, a report appeared in both local and national media pertaining to U.S. District Judge Melissa DuBose of the District of Rhode Island and her decision to release Bryan Rafael Gomez in connection with a habeas petition seeking his release. Those media accounts erroneously state that Judge DuBose made the decision to release him with knowledge that authorities in the Dominican Republic had issued an arrest warrant in connection with a homicide in that country,” the statement said. “As our recent filing in this matter makes clear, Judge DuBose did not have knowledge at the time of her ruling that Gomez was wanted by authorities in the Dominican Republic.”
For those asking what “media accounts” could have ever given the public the impression that DuBose had prioritized politics over public safety and the law? Look no further than a DHS press release from the day before with the headline, “Activist Biden Judge Releases Violent Criminal Illegal Alien Wanted for Murder.”
Therein, Acting Assistant Secretary Lauren Bis put her name on a statement repeating the characterization the DOJ has now rejected.
“An activist judge appointed by Joe Biden released this wanted murderer back into American communities. This is yet another example of an activist judge trying to thwart President Trump’s mandate from the American people to remove criminal illegal aliens from our communities. Under President Trump and Secretary Mullin, DHS will continue to fight for the removal of criminal illegal aliens who have no right to be in our country,” Bis said.
The press release was still online as of Monday afternoon.
