- Lawyers for Kilmar Abrego Garcia are attempting to have human smuggling charges against him dismissed, alleging the prosecution is vindictive.
- Abrego Garcia, who has an American wife and child, was erroneously deported to El Salvador last year despite a 2019 court order protecting him from deportation due to gang threats.
- After the US Supreme Court ordered his return to the United States, he was charged with human smuggling based on a 2022 traffic stop in Tennessee.
- U.S. District Judge Waverly Crenshaw has found evidence suggesting the prosecution "may be vindictive" and highlighted concerning statements from officials in Donald Trump's administration.
- Judge Crenshaw's review of internal documents indicated that the decision to prosecute Abrego Garcia might have been a joint decision within the Justice Department, rather than solely by First Assistant U.S. Attorney Rob McGuire.
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