Judge Catches DOJ Lying, Tells It To Turn Over More Documents To Kilmar Abrego Garcia

It’s hilarious that a single Salvadoran migrant has made the Trump administration look so pitiful. During one of its first purge efforts, the administration deported Kilmar Abrego Garcia and another 100-plus migrants to El Salvador’s infamous CECOT prison.

Since then, the administration has done nothing but lose when it comes to Abrego Garcia. He not only managed to get returned to the US, but he’s successfully pushing back against the bullshit prosecution the DOJ cooked up to punish him for daring to stand up for his rights.

At this point, the DOJ is almost out of options. The Tennessee judge overseeing the attempted prosecution has not only allowed Abrego Garcia to go free on bail, but has taken setting a trial date completely off the docket until the government can provide an argument for engaging in the prosecution that isn’t just “because he pissed us off.”

The timeline of this prosecution strongly suggests the government can’t contradict Abrego Garcia’s vindictive prosecution allegations. Abrego Garcia’s first experience with US law enforcement happened in November 2022 when he was pulled over for speeding by Tennessee Highway Patrol officers. The locals referred the case to Homeland Security Investigations based on “suspicions of human trafficking.” Garcia, however, was free to go and didn’t even get a speeding ticket.

On March 12, 2025, he was arrested and interviewed by HSI. The decision was made to deport him. Although the 2022 traffic stop was discussed, Abrego Garcia still wasn’t charged with any crime beyond being in the country illegally. HSI closed its human trafficking investigation on April 1, 2025. Again, no charges were brought.

Three days after that, a Maryland court ordered Abrego Garcia returned to the US because his due process rights had been violated. More litigation ensued with the Supreme Court finally weighing in on the issue on April 10. Then this happened:

[O]n May 21, 2025, a Middle District of Tennessee grand jury presented a two-count indictment against Abrego arising from the November 30, 2022 traffic stop. An arrest warrant issued, prompting the United States to return Abrego from El Salvador. Abrego was arrested on June 6, 2025, and was brought to this District.

So far, the government has turned over 3,000 pages to the court. Abrego Garcia hasn’t seen many of these because the government claims almost everything it has provided are privileged communications. The court says that may be true in some cases, but it hardly matters because what it has seen so far undercuts the sworn statements the DOJ has previously made in this case. The government has argued (not very convincingly) that this can’t possibly be vindictive prosecution because the acting US Attorney Robert McGuire did all of this on his own without any input from the rest of the administration.

Not true!, says the court [PDF]:

The central question after Abrego established a prima facie case of vindictiveness is what information in the government’s control sheds light on its new decision to prosecute Abrego, after removing him from the United States without criminal charges. These documents show that McGuire did not act alone and to the extent McGuire had input on the decision to prosecute, he shared it with (Associate Deputy Attorney General Akash] Singh and others.

Specifically, the government’s documents may contradict its prior representations that the decision to prosecute was made locally and that there were no outside influences. For example, Singh contacted McGuire on April 27, 2025, to discuss Abrego’s case. On April 30, 2025, Singh asked McGuire what the potential charges against Abrego would be, whether the charging document would reference Abrego’s alleged MS-13 affiliation, and asked for a phone call before any charges were filed. In a separate email on April 30, 2025, Singh made clear that Abrego’s criminal prosecution was a “top priority” for the Deputy Attorney General’s office (Blanche). He then told McGuire to “sketch out a draft complaint for the 1324 charge [making it unlawful to bring in and harbor certain aliens].”

On May 15th, McGuire emailed his staff that “DAG (Blanche) and PDAG would like Garcia charged sooner rather than later.” Then, on May 16, 2025, counsel of record Jacob Warren emailed Singh and reported, “if the DAG (Blanche) does want to move forward with the indictment on Wednesday, we think it would be prudent to loop in the press office ASAP.” Finally, on May 18, 2025, Singh emailed McGuire and others, and instructed them to “close[ly] hold” the draft indictment until the group “g[o]t clearance,” to file. The implication is that “clearance” would come from the Office of the Deputy Attorney General, not just McGuire.

The upshot is this: the government can assert all the privilege it wants to, but the system of checks and balances means it can’t bypass constitutional rights just by denying criminal defendants access to anything that might support their arguments.

The Court recognizes the government’s assertion of privileges, but Abrego’s due process right to a non-vindictive prosecution outweighs the blanket evidentiary privileges asserted by the government.

For now, the government is barely managing to hang onto a case it’s probably going to end up losing. All the power of the government — especially this government which has repeatedly expressed its disdain for courts, judges, and orders it doesn’t like — is meeting an unexpectedly immovable object. And if Abrego Garcia walks away from this a free man, he’s going to make it clear that even the cadre of thugs currently inhabiting White House cabinet positions still have soft, white underbellies that can be exposed.