{"id":2601808,"date":"2026-05-12T16:23:00","date_gmt":"2026-05-12T20:23:00","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/dei-elevated-federal-judge-tried-to-free-an-alleged-murderer-because-shes-incompetent-at-basic-law-2\/"},"modified":"2026-05-12T16:26:08","modified_gmt":"2026-05-12T20:26:08","slug":"dei-elevated-federal-judge-tried-to-free-an-alleged-murderer-because-shes-incompetent-at-basic-law-2","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/dei-elevated-federal-judge-tried-to-free-an-alleged-murderer-because-shes-incompetent-at-basic-law-2\/","title":{"rendered":"Activist Judge Tried To Free An Alleged Murderer"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">16<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fdei-elevated-federal-judge-tried-to-free-an-alleged-murderer-because-shes-incompetent-at-basic-law-2%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2601808&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>A federal judge in Rhode Island, Melissa DuBose, reportedly ordered ICE to release a man accused of being an <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/illegal-alien-wanted-for-philadelphia-murder-two-boston-stabbings-found-after-multi-state-search\/\" title=\"Illegal Alien ... For Philadelphia ..., Two Boston Stabbings Found After Multi-State Search\">illegal alien wanted<\/a> for murder in teh Dominican Republic. DHS refused to remove a factual press release describing the order, arguing it reflected legitimate debate about a judge\u2019s ruling.<\/p>\n<p>The article claims the legal dispute centered on whether the detainee was entitled to a bond hearing before an <a href=\"https:\/\/amzn.to\/3YuVZYV\" >immigration judge versus mandatory detention<\/a>. It argues the court rather ordered the release immediately-something the author says was beyond the court\u2019s authority, which should fall to an immigration judge.<\/p>\n<p>It further alleges judicial misconduct: that the judge pursued a political campaign and intimidated DHS personnel to stop DHS\u2019s criticism. the author describes the judge engaging a court spokesman to dispute DHS statements, and later threatening contempt against DHS unless criticisms cease, culminating in the appointment of a special counsel to investigate DHS\u2019s public criticism.<\/p>\n<p>the piece argues this behavior is part of a broader pattern of politicized activism in the judiciary and calls for greater public condemnation of what it characterizes as an epidemic of such misconduct.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>Last\u00a0week, a federal judge in Rhode Island demanded that DHS take down a <a href=\"https:\/\/www.dhs.gov\/news\/2026\/04\/30\/activist-biden-judge-releases-violent-criminal-illegal-alien-wanted-murder\" target=\"_blank\" rel=\"noreferrer noopener\">press release<\/a>. The release was factually true: It warned citizens that Judge Melissa DuBose had ordered the release of an illegal alien wanted for murder in the Dominican Republic. Because the press release reflects legitimate debate regarding a judge\u2019s ruling, DHS refused to take it down. <\/p>\n<p>Over his four years in office, President Biden transformed large portions of the judiciary by appointing judges so radical that senators like Joe Manchin would not even support them. For sixteen months, DHS has suffered the consequences of that transformation.<\/p>\n<p>In Rhode Island, the dispute arose because a federal court ordered ICE to release Mr. Bryan Rafael Gomez, an illegal alien subject to an international arrest warrant for murder in the Dominican Republic. After that order came down, DHS issued a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/exclusive-daily-wire-poll-most-americans-oppose-oscars-diversity-requirements\/\" title=\"EXCLUSIVE: Daily Wire Poll: Most Americans Oppose Oscars\u2019 Diversity Requirements\">press release explaining<\/a> that a judge in Rhode Island had ordered the release of a man wanted for murder.<\/p>\n<p>While Chief Justice John Roberts <a href=\"https:\/\/www.nbcnews.com\/politics\/supreme-court\/chief-justice-john-roberts-says-justices-are-not-political-actors-rcna343958\">opined<\/a> only\u00a0last\u00a0week that judges are not political, Judge Melissa DuBose is a glaring counterexample. What followed was an incredible case of judicial misconduct involving a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/dei-elevated-federal-judge-tried-to-free-an-alleged-murderer-because-shes-incompetent-at-basic-law\/\" title=\"DEI-Elevated ... Tried To Free An Alleged ...er\">nakedly political public affairs campaign<\/a> and efforts to intimidate federal employees so they would stop criticizing a co-equal branch of government.<\/p>\n<p>Judge DuBose is apparently upset because, before she ordered this alleged murderer to be released, she was not informed that he was wanted for murder. But this situation is entirely of Judge DuBose\u2019s own making. The legal issue in this case is whether Mr. Gomez is entitled to a bond hearing before an immigration judge or subject to mandatory detention. While DHS disputes that he is entitled to a bond hearing, the court disagreed.<\/p>\n<p>But instead of ordering the government to give him that bond hearing, the court ordered him released immediately. The court had no authority to release this criminal illegal alien. That decision belonged to an immigration judge.<\/p>\n<p>In other words, the judge\u2019s reckless disregard for the law caused the problem. The fact that the court lacked the necessary information to review Mr. Gomez\u2019s custody status is the court\u2019s fault and only the court\u2019s fault. Information about whether Mr. Gomez is a public safety risk is information that ICE should present to an <em>immigration judge <\/em>\u2014 not to a federal court analyzing the narrow legal question of whether Mr. Gomez gets to see an immigration judge in the first place. And because the court lacked any plausible basis to review Mr. Gomez\u2019s custody status, it was entirely unreasonable to expect ICE to be prepared to present that information to the court.<\/p>\n<p>Rather than allow this legitimate criticism, the judge has engaged in a political public affairs battle and intimidation campaign against DHS. The first thing the court did was engage a spokesman who gave a <a href=\"https:\/\/www.yahoo.com\/news\/articles\/dominican-republic-murder-suspect-released-131921472.html?guccounter=1&#038;guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&#038;guce_referrer_sig=AQAAAKu9wVYtNTs0eR2DfNiPb3h-EmABB6r8lbjWEYj3pQNkkCh03e-G2b5y1KiNDH1sc5yi1vOM_4PmutsQku5ddRCI7x0mOB2o9w6Ge2ehlCkQWWJJcAh0UpaJXydWdBH1fiJ4cvzALi-h7S6sEIaceIl7zU4sK3cJD8FLjcYTXOgs\" target=\"_blank\" rel=\"noreferrer noopener\">statement<\/a> on behalf of the court calling DHS\u2019s statements \u201cmisleading and demonstrably false.\u201d I certainly do not think it is appropriate for courts to use spokesmen to push back on criticisms of their rulings, and I do not imagine the founders did either.<\/p>\n<p>What the court did second was even worse. The court called a government attorney into court and began threatening to hold the government in contempt unless DHS agrees to suppress our legitimate criticisms of the court\u2019s ruling. And since DHS has refused to stop (as reflected by the publication of this article), the court has now appointed a special counsel to investigate us.<\/p>\n<p>What exactly is the special counsel investigating? Apparently, it is the fact that a co-equal branch of government dares to publicly criticize Judge DuBose.<\/p>\n<p>Given the radical activists President Biden installed across the country, this case of judicial misconduct is neither surprising nor uncommon. Unfortunately, DHS faces this kind of behavior almost every day. What is surprising is that more people are not mortified by the conduct of judges like Judge DuBose. Judge DuBose\u2019s conduct is something we expect to see from UCLA students; we don\u2019t expect to see it from a federal judge. I hope more people in positions of influence will take seriously the epidemic of judicial misconduct in this country.<\/p>\n<hr>\n<p>      James Percival is general counsel for the Department of Homeland Security.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Last week, a Rhode Island judge demanded DHS remove a true press release about Judge DuBose ordering a murder suspect\u2019s release<\/p>\n","protected":false},"author":4280,"featured_media":2601809,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2026\/05\/Copy-of-Untitled-97.png","fifu_image_alt":"","footnotes":""},"categories":[33651],"tags":[14436,4733,33178,41273],"class_list":["post-2601808","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-western-journal","tag-activism","tag-court","tag-justice-system","tag-legal-drama"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2026\/05\/Copy-of-Untitled-97.png","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2601808","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/4280"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2601808"}],"version-history":[{"count":3,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2601808\/revisions"}],"predecessor-version":[{"id":2601812,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2601808\/revisions\/2601812"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2601809"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2601808"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2601808"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2601808"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}