Judge Eyes Role of DOJ Leaders in Abrego Garcia Prosecution (1)

A federal judge has found evidence that high-level Department of Justice officials may have played a role in the government’s push for criminal charges against Kilmar Armando Abrego Garcia, a Salvadoran migrant who became a symbol of President Donald Trump’s hard-line immigration policies.

The government has previously said Robert McGuire, the acting US Attorney for Middle Tennessee, made the decision to seek a human trafficking indictment against Abrego Garcia. But US District Judge Waverly D. Crenshaw Jr. in Nashville said he had reviewed documents indicating McGuire may not have acted alone, “and the decision to prosecute Abrego may have been a joint decision, with others who may or may not have acted with an improper motivation.”

Kilmar Armando Abrego Garcia

Photographer: Graeme Sloan/Bloomberg

Crenshaw ordered several documents be turned over to Abrego Garcia, including communications from McGuire, who wrote “we want the high command looped in” on the case.

“Ultimately, I would hope to have ODAG [Office of the Deputy Attorney General] eyes on it as we move towards a decision about whether this matter is going to ultimately be charged,” McGuire wrote. “I have not received specific direction from ODAG other than I have heard anecdotally that the DAG and PDAG would like Garcia charged sooner rather than later.”

In other exchanges, Associate Deputy Attorney General Aakash Singh called the case “a top priority.”

The remarks came in an order, unsealed Tuesday, granting Abrego Garcia access to records to support his claims of a vindictive prosecution by the government.

A hearing on the matter is scheduled for Jan. 28.

Abrego Garcia became a key figure in the US crackdown on immigration after he filed a high-profile lawsuit in March challenging his accidental deportation to a notorious prison in El Salvador, part of a broader program of controversial mass deportations.

After being returned to the US, Abrego Garcia was hit with human-smuggling charges that he says are retaliation for filing that suit. He now argues that US officials are threatening to deport him again as payback for refusing to quickly plead guilty.

Earlier this month, a federal judge in Maryland ordered Abrego Garcia’s release, citing a lack of legal grounds for his detention. US District Judge Paula Xinis temporarily barred the government from re-arresting him while directing the government to disclose its plans for the Salvadoran.

The Department of Homeland Security told Xinis in a filing late Tuesday that if she lifts her order, the agency intends to detain Abrego Garcia again.

While acknowledging there is no final removal order against Abrego Garcia, the government reiterated its allegation that he is a member of terrorist organization MS-13, and his release poses a “danger to the community.” Abrego Garcia has repeatedly denied accusations of his involvement with MS-13.

The government also contends Abrego Garcia would not be entitled to a bond hearing before an immigration judge.

Attorneys for Abrego Garcia didn’t immediately respond outside regular business hours to a request for comment.

(Updates with late Tuesday court filing in 11th paragraph.)

To contact the reporter on this story:
Jimmy Jenkins in Washington at jjenkins199@bloomberg.net

To contact the editors responsible for this story:
Sara Forden at sforden@bloomberg.net

Peter Blumberg

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