Prosecutor Defends Charges Against Kilmar Abrego Garcia Amid Vindictive Prosecution Claims

The lead prosecutor in the human smuggling case against Kilmar Abrego Garcia acknowledged in a Nashville hearing that the charges could be perceived as vindictive but maintained that filing them was “the right thing to do.” Acting U.S. Attorney Robert McGuire said the decision to indict stemmed from evidence linked to a 2022 Tennessee traffic stop, rejecting claims that political pressure influenced the prosecution. U.S. District Judge Waverly Crenshaw has already ruled that the case may appear vindictive, placing the burden on the government to rebut that presumption while allowing the defense to obtain additional materials.

Abrego Garcia, a Salvadoran national mistakenly deported to a maximum-security prison in El Salvador in March 2025 despite prior legal protection, was returned to the United States in June 2025 to face smuggling charges, to which he has pleaded not guilty. His attorneys argue the indictment is retaliation for a civil lawsuit he filed challenging his deportation, pointing to internal Justice Department emails labeling the case a “top priority.” Testimony from former Homeland Security Investigations official Rana Saoud indicated she learned of the 2022 incident only after the deportation and denied any pressure to pursue the case.

The charges originate from a 2022 traffic stop in Tennessee, where Abrego Garcia was pulled over for speeding while transporting nine passengers, though he was not arrested at the time. His legal team now seeks dismissal of the case, alleging a broader “retribution campaign” by senior officials following his successful court challenge that forced the government to facilitate his return from El Salvador’s CECOT prison. Prosecutors counter that the indictment reflects a legitimate belief that he committed a serious federal offense and insist the vindictive prosecution claim lacks factual support.

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