Boston Herald

JUDGE V. TRUMP IN ICE CASE

- By Joe Dwinell joed@bostonhera­ld.com

Judge Shelley Joseph is gunning for ICE and former President Donald Trump in her no-holds-barred bid to stay out of jail.

In a federal court filing, prosecutor­s say Joseph “is on a fishing expedition” in demanding communicat­ions during the Trump administra­tion.

The jurist — in line for a 12% pay hike as she collects $184,000 while on suspension — faces a federal obstructio­n of justice charge after being accused of aiding an illegal immigrant’s escape from an immigraito­n agent in her Newton district courtroom in 2018.

“Joseph’s allegation that the requested communicat­ions will show political bias is misplaced,” wrote Zachary Cunha, U.S. Attorney for Rhode Island.

Cunha is prosecutin­g the case instead of Rachael Rollins, U.S. Attorney for Massachuse­tts, because her spokeswoma­n said: “She is recused from the case.”

Cunha was appointed by President Biden as was Rollins, but he has no local ties with this case involving a Bay State district court judge.

In his response, Cunha is fighting to keep Joseph from getting any communicat­ion between the Trump administra­tion and former U.S. Attorney Andrew Lelling, who was in charge in Massachuse­tts at the time of the judge’s indictment.

“Defendant Shelley Joseph has moved to compel the Government to produce evidence of ‘institutio­nal bias’ at ICE against persons who oppose the immigratio­n policies ICE is charged with enforcing,” Cunha writes. “She has not even tried to explain how evidence of alleged political bias by some ICE officials could possibly affect the credibilit­y of a witness’s testimony. The Court should reject Joseph’s request.”

The Dominican man allegedly set free by Joseph had been deported twice before and wasn’t allowed back until 2027. The appeals court added the “alien subject (A.S.)” — as they identified him — was about to be seized by immigratio­n when Joseph instructed her court officer to “tell the (ICE) officer to leave.”

“The clerk did as instructed, and also told the ICE officer that if released, A.S. would exit the courtroom into the courthouse lobby,” the court added.

But, instead, he was reportedly set free out “a rear sally-port exit.” He was later apprehende­d, but that hasn’t stopped this case.

Retired court officer Wesley MacGregor is also facing similar charges for allegedly leading the illegal immigrant through the courtroom’s lockup and exit.

Both Joseph and MacGregor are charged with conspiracy to obstruct justice, obstructio­n of justice and aiding and abetting and obstructio­n of a federal proceeding and aiding and abetting. MacGregor is also charged with perjury.

An appeal to toss the case failed placing it back in Boston federal court.

 ?? BOSTON HERALD FILE ?? SUSPENDED: District Court Judge Shelley Joseph leaves Federal Court in April 2019.
BOSTON HERALD FILE SUSPENDED: District Court Judge Shelley Joseph leaves Federal Court in April 2019.

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