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By Dan Gooding and Gabe Whisnant
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A newly unsealed court order shows that senior Department of Justice (DOJ) officials, including Deputy Attorney General Todd Blanche, pushed to make the prosecution of Kilmar Abrego Garcia a “top priority” only after he was mistakenly deported and then ordered returned to the United States.
U.S. District Judge Waverly Crenshaw said court records raise questions about whether the DOJ’s decision to prosecute Abrego Garcia “was tainted by improper motivation” following his successful deportation challenge.
Abrego Garcia has pleaded not guilty to federal human smuggling charges in Tennessee, arguing the case is a vindictive response by the Trump administration spurred by embarrassment over his wrongful deportation.
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Crenshaw ordered the disclosure of internal government documents after finding some evidence the prosecution may have been retaliatory. The order, made public Tuesday, suggests the decision to indict Abrego Garcia involved high-level DOJ officials rather than a single local prosecutor.
Newsweek reached out to the DOJ for comment via its contact form Tuesday afternoon.
Why It Matters
After saying an administrative error led to Abrego Garcia's deportation in March, the Trump administration then argued he was a known criminal and that his removal was justified as it sought to avoid complying with court orders to return him to the U.S. He was only returned after charges were filed in Tennessee. If documents cited by Crenshaw prove true, the federal prosecution of Abrego Garcia could be undermined.
What To Know
This latest court document relates to the human trafficking case against Abrego Garcia, which is heavily linked to his immigration case. The Salvadoran man, who has lived in the U.S. for over a decade, denies the charges against him.
Crenshaw has called on the government to hand over a series of documents related to the case, amid concerns the prosecution was only brought in response to the rushed and heavily criticized deportation without criminal charges in March.
The order, signed December 3 but only unsealed Tuesday, referred to documents already seen by the judge that included an email from Aakash Singh, a DOJ official with Blanche's office, which made clear that Abrego Garcia’s criminal prosecution was a “top priority” for the deputy attorney general.
That email was dated April 30, 2025, around a month before Abrego Garcia was indicted. A subsequent email, on May 15, said officials wanted Abrego Garcia "charged sooner rather than later."
The charges related to a 2022 traffic stop in Tennessee, in which Abrego Garcia only received a warning from authorities and was let go. He was charged three years later, in April 2025, after his deportation.
In total, Crenshaw said, his court had looked over some 3,000 documents related to the case, ordering the DOJ to give a portion to Abrego Garcia's legal team. The documents, the judge said, connect back to Blanche because they suggest Singh, who works in his office, had a leading role in the government's decision to prosecute Abrego Garcia.
The Salvadoran's trafficking trial was scheduled for early next year but canceled and replaced with a hearing over whether the prosecution was vindictive. Earlier this month, a judge in Maryland barred immigration authorities from detaining Abrego Garcia again while his case is pending.
Meanwhile, according to another court filing Tuesday, immigration officials do not plan to detain Abrego Garcia again while a judge’s order barring such action remains in effect.
The government’s filing followed concerns raised earlier this month by U.S. District Judge Paula Xinis, who questioned whether officials could be trusted to comply with court orders prohibiting Abrego Garcia’s detention or removal.
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What People Are Saying
Crenshaw, in his December 3 order: "... Some of the documents suggest not only that [Tennessee federal prosecutor Robert] McGuire was not a solitary decision-maker, but he in fact reported to others in DOJ and the decision to prosecute Abrego may have been a joint decision, with others who may or may not have acted with an improper motivation."
Abrego Garcia, through a translator earlier this month: “I stand before you a free man and I want you to remember me this way, with my head held up high. ... I come here today with so much hope and I thank God who has been with me since the start with my family. I will continue to fight and stand firm against all of the injustices this government has done upon me. Regardless of this administration, I believe this is a country of laws.”
Blanche, on October 4 after a judge in Maryland questioned Abrego Garcia’s removal and found that the government “had no right to deport him”: “The reason why he was returned, and the facilitation that brought him back here, is not a judge—it’s an arrest warrant issued by a grand jury in the Middle District of Tennessee.”
What Happens Next
Abrego Garcia has applied for asylum, with that case pending. A hearing will be held by Crenshaw in Tennessee regarding the trafficking prosecution issue on January 28.
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