This is a clear violation of the gag order!
Tricia McLaughlin is not a private individual offering commentary, she is the Assistant Secretary for Public Affairs at the Department of Homeland Security and an official DHS spokesperson. When she posts using “we, at @DHSgov,” she is speaking in her official capacity on behalf of the federal government. Courts treat this as government speech.
A gag order prohibits parties and covered government officials from making public statements that prejudice an active case, including inflammatory allegations or characterizations of the individual. That prohibition applies not only to direct statements, but also to official amplification retweets, quote-posts, endorsements, or signal-boosting of claims the court has barred. Courts have been explicit the government cannot evade a gag order by laundering prohibited statements through third parties or by “just quoting someone else.”
By amplifying and endorsing claims labeling Kilmar Abrego Garcia in a manner the court expressly sought to prevent, McLaughlin did exactly what the gag order forbids. The fact that Garcia has been released does not end the case or dissolve the court’s authority; the proceedings remain active, and the restrictions on government speech remain in force. This conduct is not ambiguous, not incidental, and not protected, it is a direct violation of a court order and grounds for contempt.
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