Judge Dismisses Human Smuggling Case Over Alleged Vindictiveness

A federal judge in Tennessee dismissed a criminal human smuggling case on Friday against Kilmar Abrego Garcia, ruling that the prosecution was brought vindictively by the Justice Department to punish him for successfully challenging his wrongful deportation.

U.S. District Judge Waverly Crenshaw granted the defense motion to dismiss the indictment, finding the government failed to rebut a presumption of vindictiveness. The judge wrote that the objective evidence shows the prosecution would not have been brought absent Abrego Garcia’s successful lawsuit against his removal to El Salvador.

The charges stemmed from a November 2022 traffic stop in Tennessee, where Abrego Garcia was pulled over for speeding with nine passengers in the vehicle. Body camera footage showed a calm exchange, and he was allowed to leave with a warning after officers discussed smuggling suspicions. Judge Crenshaw noted that Homeland Security had closed its investigation into that incident and only reopened it after Abrego Garcia won his deportation case.

The judge pointed to the timing of the indictment and statements by then-Deputy Attorney General Todd Blanche as evidence of a tainted process. Crenshaw...