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A newly unsealed order in the criminal case against Kilmar Ábrego García reveals that high-level justice department officials pushed for his indictment, calling it a “top priority”, only after he was mistakenly deported and then ordered returned to the U.S.
Ábrego García, originally from El Salvador, has pleaded not guilty in federal court in Tennessee to charges of human smuggling. He is seeking to have the case dismissed on the grounds that the prosecution is vindictive – a way for the Trump administration to punish him for the embarrassment of his mistaken deportation.
To support that argument, he has asked the government to turn over documents that reveal how the decision was made to prosecute him in 2025 for an incident that occurred in 2022. On 3 December, US district judge Waverly Crenshaw filed an order under seal that compelled the government to provide some documents to Ábrego García and his attorneys. That order was unsealed on Tuesday and sheds new light on the case.
Earlier, Crenshaw found that there was “some evidence” that the prosecution of Ábrego García could be vindictive. He specifically cited a statement by the deputy attorney general, Todd Blanche, on a Fox News program that seemed to suggest that the Department of Justice charged Ábrego García because he had won his wrongful deportation case.
Rob McGuire, who was the acting US attorney for the middle district of Tennessee until late December, argued that those statements were irrelevant because he alone made the decision to prosecute, and he has no animus against Ábrego García.
In the newly unsealed order, Crenshaw writes: “Some of the documents suggest not only that McGuire was not a solitary decision-maker, but he in fact reported to others in [the justice department] and the decision to prosecute Abrego may have been a joint decision.”
The US attorney’s office for the middle district of Tennessee released a statement saying: “The emails cited in Judge Crenshaw’s order, specifically Mr McGuire’s email on May 15, 2025, confirm that the ultimate decision on whether to prosecute was made by career prosecutors based on the facts, evidence, and established [justice department] practice. Communications with the Deputy Attorney General’s Office about a high-profile case are both required and routine.”
The email referenced was from McGuire to his staff stating that Blanche “would like Garcia charged sooner rather than later”, according to Crenshaw’s order.
The human-smuggling charges stem from a 2022 traffic stop in Tennessee during which Ábrego García was pulled over for speeding. There were nine passengers in the car, and state troopers discussed the possibility of human smuggling among themselves. However, he was ultimately allowed to leave with only a warning. The case was turned over to Homeland Security Investigations, but there is no record of any effort to charge him until April 2025, according to court records.
The order does not give much detail on what is in the documents that were turned over to Ábrego García, but it shows that Aakash Singh, who works under Blanche in the office of the deputy attorney general, contacted McGuire about Ábrego García’s case on 27 April, the same day that McGuire received a file on the case from Homeland Security Investigations. That was several days after the US supreme court ruled in Ábrego García’s favor on 10 April.
On 30 April, Singh said in an email to McGuire that the prosecution was a “top priority” for the deputy attorney general’s office, according to the order. Singh and McGuire continued to communicate about the prosecution. On 18 May, Singh wrote to McGuire and others to hold the draft indictment until they got “clearance” to file it. “The implication is that ‘clearance’ would come from the Office of the Deputy Attorney General,” Crenshaw writes.
A hearing on the motion to dismiss the case on the basis of vindictive prosecution is scheduled for 28 January.
