Special Investigations

Press Freedom Defense Fund

Who Decided to Indict Kilmar Abrego Garcia Over a Years-Old Traffic Stop?

A DOJ prosecutor insists he charged Abrego based strictly on evidence of human smuggling. A federal judge seems skeptical.

More than a year after Kilmar Abrego Garcia won at the U.S. Supreme Court — forcing the Trump administration to bring him back from El Salvador — federal officials can’t seem to decide what, exactly, they want to do with him.

On the one hand, Trump officials continue to insist that Abrego must be deported to Africa, recently settling on Liberia. At the same time, the Department of Justice has pressed forward with its prosecution of Abrego for human smuggling — a criminal case that must be resolved before the government deports him.

“You can’t have it both ways,” Maryland District Judge Paula Xinis, who first ordered Abrego’s return to the U.S. and who is still presiding over his immigration case, recently told the DOJ. “He physically needs to be in this country to be prosecuted.”

The criminal case against Abrego stems from a 2022 traffic stop in Tennessee, which, according to federal prosecutors, was proof he was enmeshed in a human smuggling plot. The case was set to go trial in Nashville this year but presiding District Judge Waverly Crenshaw of the Middle District of Tennessee canceled the trial date to consider a key question: whether Abrego is the target of a “selective and vindictive prosecution.” The answer will determine whether the case moves forward; Crenshaw is expected to rule any day.

Defense attorneys argue that the Trump DOJ brought the charges against Abrego as revenge for his successful legal challenges, which freed him from the notorious Salvadoran prison known as CECOT. “This case results from the government’s concerted effort to punish him for having the audacity to fight back, rather than accept a brutal injustice,” they wrote in their motion to dismiss the case.

Crenshaw has already found some evidence to support these allegations, writing last fall that there was a “realistic likelihood of vindictiveness” against Abrego. He pointed to numerous public statements made by top Trump officials, particularly that of then-Deputy Attorney General Todd Blanche, formerly Trump’s personal defense attorney, who told Fox News that the Justice Department began investigating Abrego after “a judge in Maryland” interfered with Trump’s decision to deport him.

Trump Won’t Stop Trying to Punish Kilmar Abrego Garcia

Still, proving their case has been a challenge for Abrego’s defense. The DOJ has refused to turn over evidence that would illuminate its decision-making — and tracing the prosecution to its roots requires untangling the Tennessee case from a previous probe originating in Baltimore. The Maryland investigation, which was linked to Abrego’s immigration case, probed Abrego’s 2022 traffic stop and stayed open for more than two and a half years, only to be closed after Abrego was shipped to El Salvador.

After Abrego prevailed at the Supreme Court, however, the Maryland investigation was suddenly reopened to great fanfare. The Department of Homeland Security sent out press releases trumpeting the “bombshell” revelations supposedly derived from the traffic stop – namely that Abrego was a human smuggler and a member of MS-13. It was in the wake of this publicity that the U.S. attorney’s office in the Middle District of Tennessee began its case, repackaging the evidence from the Baltimore investigation and indicting Abrego in May 2025.

To further probe the government’s motivations, Crenshaw ordered an evidentiary hearing, where the DOJ would be required to present “objective, on-the-record explanations for Abrego’s prosecution.” If the DOJ could not rebut his previous finding that there was a “likelihood of vindictiveness” against Abrego, he would have to throw out the case.

That hearing took place in late February, with lawyers on both sides filing post-hearing briefs earlier this month. In its 24-page filing, which contained the word “undisputed” 20 times, the DOJ insisted that it proved once and for all that Abrego’s prosecution was rooted in evidence of criminality rather than revenge. “Regardless of the tale Defendant invites this Court to believe,” wrote Associate Attorney General Stanley Woodward, “any narrative of animus has been affirmatively disproven by the Government’s undisputed evidence.”

In reality, the testimony offered by the government raised more questions than answers — while revealing that DOJ higher-ups were involved at every step leading up to Abrego’s indictment. Though Woodward cast the prosecution as one steered by law enforcement officers duty-bound to the evidence and their own moral compass, this was hard to take seriously. Donald Trump, after........

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