Feds abused prosecuting power against Kilmar Abrego Garcia, judge says

A federal judge has dismissed the criminal case against Kilmar Abrego Garcia, the man charged with human smuggling offenses in Tennessee after being erroneously deported to El Salvador.

Abrego's attorneys had argued that his prosecution was vindictive and asked for it to be dismissed.

"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 wrote in his opinion issued May 22.

Crenshaw wrote that the evidence before him "sadly reflects an abuse of prosecuting power."

His attorney Sean Hecker said in a texted statement that Abrego is a "victim of a politicized, vindictive White House and its lawyers at what used to be an independent Justice Department."

"We are so pleased that he is a free man. Justifiably so," Hecker said. "As this Administration continually chips away at our democracy, we remain grateful for an independent judiciary that will dispassionately apply binding precedent to the facts.”

Federal immigration authorities arrested Abrego in Maryland and deported him to his home country of El Salvador, which illegally violated an immigration judge's order. His lawyers sued, and the U.S. Supreme Court ordered his return. Upon his return, an indictment against him was unsealed in the Middle District of Tennessee.

The human smuggling charges against Abrego stemmed from a November 2022 traffic stop in Cookeville, Tennessee. He was stopped by the Tennessee Highway Patrol, who let him go without charging him.

"The Executive Branch closed its investigation on the November 2022 traffic stop," Crenshaw wrote. "Only after Abrego succeeded in vindicating his rights did the Executive Branch reopen that investigation."

Sen. Chris Van Hollen, a Maryland Democrat, issued a statement praising the ruling.

“Today, a federal judge made clear what we have long known: the Department of Justice was engaged in a vindictive prosecution against Kilmar Abrego Garcia," Van Hollen said. "As the judge stated, this was a blatant ‘abuse of prosecutorial power’ – one that should disturb all Americans. This decision is a strong repudiation of Trump’s lawless DOJ and a win for the Constitutional rights of everyone in our nation.”

Contributing: Eduardo Cuevas