DOJ’s Criminal Case Against Kilmar Abrego Garcia Dismissed for Vindictive Prosecution

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U.S. District Court Judge Waverly Crenshaw dismissed the Department of Justice’s charges against Kilmar Abrego Garcia, the Salvadoran national who was deported to his home country’s CECOT prison last year, on Friday afternoon.

“The Court does not reach its conclusion lightly. The objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution. The Executive Branch closed its investigation on the November 2022 traffic stop,” wrote Crenshaw, who granted Garcia’s motion for dismissal based on vindictive prosecution.

“Only after Abrego succeeded in vindicating his rights did the Executive Branch reopen that investigation. What the Government labels as ‘new evidence’ was not new as a matter of law. The prosecutor’s subjective good faith does not cure the retaliatory taint. Absent Blanche’s tainted investigation, Agent Saoud would not have called McGuire, Singh would not have brought him into the fold, and McGuire would not have sought an indictment against Abrego. The indictment then provided the Executive Branch cover to comply with Judge Xinis’ order to facilitate Abrego’s return to the United States as soon as possible,” continued Crenshaw. “Abrego’s motion to dismiss the indictment must be granted.”

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