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NASHVILLE, Tenn. (AP) — A federal judge on Friday dismissed a human smuggling case against Kilmar Abrego Garcia, finding that the Justice Department’s pursuit of criminal charges was designed to punish him for challenging his mistaken deportation to El Salvador last year.
The ruling amounted to an extraordinary rebuke of a Justice Department that under President Donald Trump has repeatedly been accused of targeting defendants for political purposes. The Trump administration touted the charges against Abrego Garcia last year at a press conference in which then-Attorney General Pam Bondi declared, “This is what American justice looks like.”
“The evidence before this court sadly reflects an abuse of prosecuting power,” U.S. District Judge Waverly Crenshaw, in Nashville, Tenn., said in his ruling granting Abrego Garcia’s motion to dismiss for “selective or vindictive prosecution.” Without Abrego Garcia’s “successful lawsuit challenging his removal to El Salvador, the government would not have brought this prosecution.”
Abrego Garcia’s deportation became an embarrassment for Trump officials when they were ordered to return him to the U.S. In his motion to dismiss, Abrego Garcia claimed that both the timing of the criminal charges and inflammatory statements about him by top Trump officials demonstrated that the prosecution was vindictive.
Despite the win in criminal court, his future in the United States is uncertain. Barred from deporting him to El Salvador, administration officials have threatened to deport him to a series of African countries, most recently Liberia.
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“Kilmar Abrego Garcia is a victim of a politicized, vindictive White House and its lawyers at what used to be an independent Justice Department,” his criminal defense attorneys said in a statement after Friday’s ruling. “We are so pleased that he is a free man.”
The Justice Department vowed to appeal, calling the judge’s order “wrong and dangerous.”
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