Judge Waverly Crenshaw Dismisses Human Smuggling Case Against Kilmar Abrego Garcia

A federal judge dismissed the criminal human smuggling case against Kilmar Abrego Garcia, ruling that the Justice Department failed to rebut his "presumption of vindictiveness."

U.S. District Judge Waverly Crenshaw granted Abrego Garcia's motion to dismiss after finding that the federal government did not rebut the presumption tied to the timing of a DHS agent's decision to reopen a closed investigation of a November 2022 traffic stop.

6abc Philadelphia

The charges stemmed from a 2022 traffic stop in Tennessee, where body camera footage showed Tennessee troopers discussing suspicions of human trafficking after questioning Abrego Garcia because nine people were traveling in the vehicle without luggage.

ABC News reported that Abrego Garcia was deported in March of last year to El Salvador's CECOT mega-prison despite a 2019 court order barring his deportation to that country due to fear of persecution, and he was brought back to the U.S. in June to face human smuggling charges in Tennessee.

In Friday's dismissal order, Crenshaw wrote that "Because the presumption of vindictiveness remains unrebutted, the indictment must be dismissed," and the judge said the evidence labeled as newly discovered was available earlier.

The BBC said Crenshaw concluded the case was only launched to justify the government's decision to deport the 30 year old, and she wrote, "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."

In response, a Justice Department spokesperson said, "Another activist judge has placed politics above public safety. The judge's order is wrong and dangerous, and we will appeal."

ABC News

CBS News reported that Crenshaw wrote the decision reflected "an abuse of prosecuting power" and said prosecutors failed to meet the burden to rebut the presumption.

NBC News quoted Crenshaw saying, "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," and described the investigation as "tainted."

Democratic Senator Chris Van Hollen, who visited Abrego Garcia while he was detained in El Salvador, celebrated the dismissal on X, writing, "Today, a federal judge determined what we've known all along, the Trump admin was engaged in a vindictive prosecution against Kilmar Abrego Garcia."

The dismissal leaves Abrego Garcia still fighting his deportation case in Maryland, where U.S. District Judge Paula Xinis has blocked the government from re-detaining him, according to ABC News.

“The judge granted Abrego Garcia's motion to dismiss for vindictive prosecution”

ABC7 New York

ABC News also said Abrego Garcia was scheduled to go to trial on the Tennessee charges in January after he pleaded not guilty, but the indictment was dismissed by Crenshaw on Friday.

NBC News described how Abrego Garcia had been allowed to continue driving after a warning during the November 2022 traffic stop, even though there were nine passengers in the car and officers discussed suspicions of smuggling.

The BBC said Abrego Garcia returned to the U.S. in June after the government admitted it had wrongfully sent him back to El Salvador, and it noted he was held in CECOT for months after courts ordered his return.

In the ABC News account, Abrego Garcia said in a statement released by CASA, "Justice is a big word and an even bigger promise to fulfill, and I am grateful that today, justice has taken a step forward," while the Justice Department said it would appeal the order.