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Judge Takes Vindictive-Prosecution Motion Under Advisement After DOJ, DHS Testify in Abrego Garcia Case

After unusual timing and internal communications drew scrutiny, the court will take written briefs before deciding whether to dismiss the human smuggling charges.

Overview

  • At a special hearing in Nashville, prosecutor Rob McGuire and HSI agent Rana Saoud defended the decision to charge Kilmar Abrego Garcia over a 2022 Tennessee traffic stop.
  • McGuire acknowledged the two-year gap before filing charges was “extraordinary,” maintained he made the call based on evidence, and denied being directed by headquarters.
  • Testimony showed McGuire kept senior DOJ officials apprised, with Associate Deputy AG Aakash Singh calling the case a “top priority” and asking him to wait for “clearance” before filing.
  • Saoud said she reopened the probe in 2025 after a news article alerted her to the 2022 stop, testified the case “kept getting stronger,” and agreed the matter drew attention because of who the defendant was.
  • U.S. District Judge Waverly Crenshaw—who earlier found a realistic likelihood of vindictiveness and ordered disclosures—did not rule and requested post-hearing briefs within 30 days, while separate rulings keep Abrego Garcia out of ICE custody and block deportation to El Salvador.