Judge Probes Vindictive Prosecution of Abrego Garcia

U.S. District Judge Waverly Crenshaw Jr. found there is a “realistic likelihood” or “some evidence” that the Justice Department’s criminal prosecution of Kilmar Abrego Garcia may have been vindictive and granted discovery and an evidentiary hearing to probe the government’s motives. The ruling cited the timing of prosecutors’ reopening of a stale investigation after Abrego was wrongfully deported in March due to an acknowledged administrative error, returned to the U.S. in June, and was promptly indicted on human‑smuggling and related charges stemming from a 2022 traffic stop; he has pleaded not guilty. Crenshaw singled out public comments by senior officials — notably Deputy Attorney General Todd Blanche’s Fox News remarks and DHS social‑media statements — as probative of possible retaliation. The judge stopped short of dismissing the case but authorized discovery that could include testimony from administration officials to determine whether the charges were brought to punish Abrego for challenging his removal. The decision is an unusual rebuke of DOJ/DHS rhetoric and could lead to dismissal if prosecutors cannot show legitimate motives, though vindictive‑prosecution dismissals remain rare.