The criminal prosecution against Kilmar Abrego Garcia—the Salvadoran national whose story became a flashpoint last year in the immigration debate—must be dismissed, a federal judge ruled last week, finding it had been tainted unconstitutionally by vindictiveness. The Justice Department, vowing to appeal, said in a statement that "another activist judge has placed politics above public safety."
It is an ironic accusation. Abrego Garcia may be guilty of smuggling people across the border. But the indictment against him, in connection with a 2022 traffic stop and ensuing investigation that had been closed without charges, was always about politics above public safety. It is not a mystery. The confirmation came from the Trump administration itself, in ways that extend beyond the scope of the ruling. Most revealing is that he could likely have been deported long ago.
