NASHVILLE, Tenn. (AP) — A newly unsealed order in the criminal case against Kilmar Abrego Garcia reveals that high-level Justice Department officials pushed for his indictment, calling it a “top priority,” only after he was mistakenly deported and then ordered returned to the U.S. Abrego Garcia has pleaded not guilty in federal court in Tennessee to charges of human smuggling. He is seeking to have the case dismissed on the grounds that the prosecution is vindictive — a way for President Donald Trump’s administration to punish him for the embarrassment of his mistaken deportation. To support that argument, he has asked the government to turn over documents that reveal how the decision was made to prosecute him in 2025 for an incident that had occurred nearly three years earlier. On Dec. 3, U.S. District Judge Waverly Crenshaw filed an order under seal that compelled the government to provide some documents to Abrego Garcia and his attorneys. That order was unsealed on Tuesday and sheds new light on the case. Earlier, Crenshaw found that there was “some evidence” that the prosecution of Abrego Garcia could be vindictive. He specifically cited a statement by Deputy Attorney General Todd Blanche on a Fox News program that seemed to suggest that the Department of Justice charged Abrego Garcia because he had won his wrongful deportation case. Rob McGuire, who was the Acting U.S. Attorney for the Middle District of Tennessee until late December, argued that those statements were irrelevant because he alone made the decision to prosecute, and he has no animus against Abrego Garcia.
Justice Department's Push for Indictment Linked to Mistaken Deportation
Newly unsealed documents reveal that the Justice Department prioritized the indictment of Kilmar Abrego Garcia after his mistaken deportation, raising questions about revenge motives behind the prosecution.
New evidence has surfaced regarding the criminal case against Kilmar Abrego Garcia, who is facing charges of human smuggling. The Justice Department had labeled his indictment a 'top priority' only after García was mistakenly deported and subsequently returned to the U.S. García claims the prosecution is vindictive, alleging Trump administration motives due to the embarrassment caused by his wrongful deportation. A judge's recent unsealed order requires the government to provide documents on the prosecution's decision-making process and may influence García's argument for case dismissal.
