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Judge Dismisses Kilmar Abrego Garcia’s Federal Human Smuggling Indictment

Judge Dismisses Kilmar Abrego Garcia’s Federal Human Smuggling Indictment

“The objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution.”

U.S. District Judge Waverly Crenshaw of the Middle District of Tennessee in Nashville dismissed the federal human smuggling indictment against “Maryland father” Kilmar Abrego Garcia.

“The reopening of the closed HSI investigation is the source of the vindictiveness,” seethed Crenshaw. “[Acting Attorney General Todd] Blanche’s public statements about the investigation and [associate Deputy AG ing the Office of the Deputy AG Aakash] Singh’s involvement tie Main Justice to the reopened investigation and the indictment.”

A grand jury indicted Abrego Garcia in May 2025 on charges of unlawful transportation of illegal aliens for financial gain and conspiracy to do the same.

Crenshaw wrote:

The Court does not reach its conclusion lightly. The objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution. The Executive Branch closed its investigation on the November 2022 traffic stop. Only after Abrego succeeded in vindicating his rights did the Executive Branch reopen that investigation. What the Government labels as “new evidence” was not new as a matter of law. The prosecutor’s subjective good faith does not cure the retaliatory taint. Absent Blanche’s tainted investigation, Agent Saoud would not have called McGuire, Singh would not have brought him into the fold, and McGuire would not have sought an indictment against Abrego. The indictment then provided the Executive Branch cover to comply with Judge Xinis’ order to facilitate Abrego’s return to the United States as soon as possible.

Abrego’s motion to dismiss the indictment must be granted.

The DOJ wanted to put Abrego Garcia on trial before his deportation.

However, District Judge Paula Xinis in Maryland blocked ICE from taking Abrego Garcia into custody.

In February, during a six-hour hearing, acting U.S. Attorney Robert McGuire, the lead prosecutor, admitted the charges could appear as vindictive, but he did so because

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Comments

“The objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution.”
So?

    henrybowman in reply to MarkS. | May 22, 2026 at 4:49 pm

    My reaction exactly. Any US citizen is at risk of being indicted for a “new” old charge if he skates on a different original charge. Nobody asks if the cops or the prosecutor were being “vindictive.”

    tmiker in reply to MarkS. | May 22, 2026 at 8:48 pm

    Yea I didn’t think the judges made charging decisions. I forgot they are the end all be all with respect to everything.

    ttucker99 in reply to MarkS. | May 23, 2026 at 10:06 am

    The thing the judge ignores is when the traffic stop happened the Tennessee state police called the Biden DoJ and they said let him go because they weren’t prosecuting anything to do with smuggling illegals into the country. Had they been calling the current DoJ he would have been prosecuted then. So I don’t know that it is so much vindictive as it is they were unaware until all the crap happened around deporting him.

An Obama appointee. Of course. It’s truly a shame that we are able to discern the party in power when we read about cases like this.

“A grand jury indicted Abrego Garcia in May 2025 on charges of unlawful transportation of illegal aliens for financial gain and conspiracy to do the same.”

Putting aside considerations about ham sandwiches, there’s at least a modicum of evidence that this alien is indeed a criminal.

Is he here illegally? Kick him out. Period! God what is wrong with these people. It’s not complicated.

The video was obvious. The trafficked thank him. The judge gets to go home and sleep in his comfortable bed.

Why decent democrats keep voting and appointing these judges is beyond anything moral. Just disgusting. Funny, though, none of the voters or appointees seem to know anyone who has been abused by our now apparent illegal “legal” system,

Criminals are the Marxists street thugs to prey on citizens

appear as vindictive, but he did so because
Ummmm… is my browser acting up? That’s where the article ends. What’s up, Mary?

Fine, then just report him. As a member of MS-13 he has no place here

Sickening but not surprising. Time to get used to this BS happening all the time.

Glad to see the illegal alien system of justice being so fair to illegal aliens indicted by a grand jury for human trafficking. All the jailed J6’ers can only dream of a judicial system exuding such fairness to non-citizens. But all a lib hack-in-black need do is declare, “The Court does not reach its conclusion lightly” then proceed to feelz its way to let the party here in the U.S. without legal right proceed out into the general population.