Judge orders hearing over whether Abrego Garcia prosecution was ‘vindictive’

A federal judge on Friday ruled that there is "realistic likelihood" the prosecution of Kilmar Abrego Garcia, who was mistakenly deported to El Salvador earlier this year, was "vindictive."

"The Court holds that the totality of events creates a sufficient evidentiary basis to conclude that there is a 'realistic likelihood of vindictiveness' that entitles Abrego to discovery and requires an evidentiary hearing," U.S. District Judge Waverly Crenshaw in Tennessee wrote in a 16-page Friday ruling.

Crenshaw, an Obama appointee, pointed to statements made by Deputy Attorney General Todd Blanche during a Fox News appearance alleging that his comments potentially exhibited grounds for claims of “vindictiveness” in the case against Abrego Garcia.

“Deputy Attorney General Blanche’s remarkable statements could directly establish that the motivations for Abrego’s criminal charges stem from his exercise of his constitutional and statutory rights to bring suit against the Executive Official Defendants, rather than a genuine desire to prosecute him for alleged criminal misconduct,” Crenshaw added, citing Blanche's remarks stating the federal government sought to investigate Abrego Garcia after he challenged his deportation to El Salvador.

The Hill reached out to the Justice Department, and Immigration and Customs Enforcement.

Abrego Garcia's lawyers have repeatedly alleged the government was treating him unfairly and alleged he cannot receive a fair trial due to “highly prejudicial, inflammatory, and false statements” from government officials.

In addition to Blanche’s remarks, the Department of Homeland Security has shared numerous posts online alleging he’s a member of the gang MS-13, a “human trafficker, domestic abuser, and child predator” who will never be “loose on American streets.” Crenshaw cited several examples in his Friday ruling.

Abrego Garcia has denied claims of criminal activity while in the U.S. but was federally charged for human smuggling stemming from a 2022 traffic stop in Tennessee.

He successfully challenged his wrongful deportation at the Supreme Court, but the investigation into the 2022 charges was reopened days later, court filings show. He’s pleaded not guilty and rejected the government’s offer for a plea deal.

"This timeline suggests that Abrego’s prosecution may stem from retaliation by the DOJ and [Department of Homeland Security] due to Abrego’s successful challenge of his unlawful deportation in Maryland," Crenshaw wrote in the Friday order.

Abrego Garcia first sought asylum in 2019, and while a judge at the time rejected the request, he was granted what is known as withholding of removal, barring him from being deported to El Salvador due to gang threats against his family. He was deported to the notorious CECOT prison in the Central American country in March.

In late September, Abrego Garcia was transferred from Farmville Detention Center in Virginia to the Moshannon Valley Processing Center in Pennsylvania.

Amid the legal proceedings, Abrego Garcia asked an immigration court to reopen his 2019 petition for asylum.

However, he was denied asylum Wednesday by an immigration judge.