A newly unsealed order in the criminal case against Kilmar Abrego Garcia reveals that high-level officials at the Department of Justice pushed for his indictment — calling it a "top priority" — only after he was 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.
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 occurred in 2022.
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 deportation case.
Rob McGuire, who was 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.
In the newly unsealed order, Crenshaw writes, "Some of the documents suggest not only that McGuire was not a solitary decision-maker, but he in fact reported to others in DOJ and the decision to prosecute Abrego [Garcia] may have been a joint decision."
DOJ did not immediately respond to a request for comment.
The human smuggling charges stem from a 2022 traffic stop in Tennessee where Abrego Garcia was pulled over for speeding. Nine passengers were in the car, and state troopers discussed the possibility of human smuggling among themselves.
But Abrego Garcia was allowed to leave with only a warning. The case was turned over to Homeland Security Investigations, but there is no record of any effort to charge him until this past April, according to court records.
The order does not detail what is in the documents that were turned over to Abrego Garcia, but it shows that Aakash Singh, who works under Blanche in the Office of the Deputy Attorney General, contacted McGuire about Abrego Garcia's case on April 27, the same day that McGuire received a file on the case from Homeland Security Investigations.
That was over two weeks after the Supreme Court ruled in Abrego Garcia's favor on April 10.
On April 30, Singh said in an email to McGuire that the prosecution was a "top priority" for the Deputy Attorney General's Office, according to the order.
Singh and McGuire continued to communicate about the prosecution. On May 15, McGuire emailed his staff that Blanche "would like Garcia charged sooner rather than later," Crenshaw writes.
On May 18, Singh wrote to McGuire and others to hold the draft indictment until they got "clearance" to file it.
"The implication is that 'clearance' would come from the Office of the Deputy Attorney General," Crenshaw writes.
A hearing on the motion to dismiss the case on the basis of vindictive prosecution is scheduled for Jan. 28.
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