A federal judge has issued a public caution to an assistant U.S. attorney after a special counsel investigation found he failed to disclose key information in the Bryan Rafael Gomez immigration case. The ruling follows an earlier DOJ apology and a controversial DHS press release that inaccurately portrayed the judge's knowledge.
U.S. District Chief Judge John McConnell Jr. placed a cautionary letter in the public docket this week regarding Assistant U.S. Attorney Kevin Bolan. The letter followed a special counsel probe that concluded Bolan violated his duty of candor to the court.
The matter stems from an April ruling by U.S. District Judge Melissa DuBose, who ordered Gomez released in a habeas corpus proceeding. A DHS press release had claimed the judge knew of an outstanding homicide warrant for Gomez in the Dominican Republic, but court records later showed she had no such knowledge at the time. In May the Department of Justice apologized to Judge DuBose for the nondisclosure.
Bolan told the court he followed guidance from ICE not to disclose the warrant details. Special counsel Niki Kuckes determined there was sufficient evidence of a violation under Rhode Island rules of professional conduct, though investigators found no bad faith or intent to deceive.
McConnell noted the incident caused harm to the court and public trust, partly because Gomez later failed to report as ordered and remains at large. The letter serves as a formal reminder without imposing formal disciplinary charges.
