The Justice Department is pushing to revive criminal charges against Kilmar Abrego Garcia, telling a federal appeals court late Monday that a judge erred in his scathing ruling that called the case against the man mistakenly deported to an El Salvador prison an “abuse of prosecuting power.”
The government is appealing the May ruling by U.S. District Judge Waverly Crenshaw that threw out charges of human smuggling against the Salvadoran national. The ruling amounted to an extraordinary rebuke of a Justice Department that under President Donald Trump has repeatedly been accused of targeting defendants for political purposes.