"The rule stipulates that "non-lawyer personnel employed by a lawyer's office or subject to a lawyer's supervision" in a criminal case have a duty not to release an "opinion that a reasonable person would expect to be disseminated by means of public communication" if there is a chance that the opinion will "interfere with a fair trial or otherwise prejudice the due administration of justice." This includes any opinion as to the guilt or innocence of the accused, Garnett pointed out."
""The statements referenced in the [letter from Mangione's legal team] by two high-ranking staff members of the Department of Justice, including within the Office of the Attorney General, appear to be in direct violation of this Rule and the Court's April 25 Order," the judge continued."
U.S. District Judge Margaret M. Garnett ordered prosecutors to respond to a defense letter alleging Department of Justice employees' social media posts may have infringed a defendant's right to a fair trial. The court identified potential violations of Local Criminal Rule 23.1 and referenced its April 25, 2025 restrictions on public commentary by non-lawyer personnel. The rule bars release of opinions likely to be publicly disseminated if they could interfere with a fair trial or prejudice justice, including opinions on guilt or innocence. The judge found comments by two high-ranking DOJ staff potentially in direct violation and warned of possible sanctions for future breaches.
Read at Truthout
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