Judge dismisses charges against Kilmar Abrego Garcia, calling them ‘an abuse of prosecuting power’

Summary

• A federal judge in Tennessee dismissed criminal charges against Kilmar Abrego Garcia, citing a tainted investigation.
• The judge’s opinion cited public statements Todd Blanche made on Fox News about reopening the investigation.
• The judge wrote that the evidence before the court reflected an abuse of prosecuting power by the Executive Branch.

AI-generated summary was reviewed by a CNN editor.

The criminal charges against Kilmar Abrego Garcia — the man the Trump administration deported to El Salvador last year despite a judge’s order barring his removal to the country – have been dismissed by a federal judge in Tennessee, who cited a “tainted investigation” by now-acting Attorney General Todd Blanche.

When he was transported back to the US last year, Abrego Garcia was immediately charged with two counts over allegedly transporting unlawful migrants in 2022. His attorneys fought the charges, saying they should be dismissed because they were selective and vindictive because of the administration’s public missteps in deporting Abrego Garcia.

“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,” Judge Waverly Crenshaw wrote in his opinion dismissing the counts Friday.

The judge added that the investigation into the 2022 traffic stop was closed, and “only after Abrego succeeded in vindicating his rights did the Executive Branch reopen that investigation.”

“The evidence before this Court sadly reflects an abuse of prosecuting power,” Crenshaw wrote.

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A key aspect was the role that then-Deputy Attorney General Blanche played in what the judge says was the “tainted investigation” that led to the indictment.

After officials announced Abrego Garcia’s return to the US, Blanche said on Fox News the same day that the DOJ began looking into him after a federal judge determined he was improperly deported earlier in the year.

Attorneys for Abrego Garcia fought unsuccessfully to have Blanche testify in an evidentiary hearing for the case, relying instead on public comments Blanche had made to show the Justice Department only brought the case because of the administration’s mishap.

“Blanche’s words directly confirm that the Executive Branch reopened the criminal investigation because the Judicial Branch required the Executive Branch to facilitate Abrego’s return from El Salvador,” the judge wrote in his opinion dismissing the charges Friday.

This story is breaking and will be updated.