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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