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Prosecution came only after error by feds

Los Angeles Times

|

December 31, 2025

A newly unsealed order in the criminal case against Kilmar Abrego Garcia reveals that high-level Justice Department officials pushed for his indictment, calling it a “top priority,” only after he was mistakenly deported and then ordered returned to the U.S.

- TRAVIS LOLLER

Prosecution came only after error by feds

KILMAR ABREGO GARCIA argues that his prosecution is vindictive.

(Stephanie Scarbrough AP)

Abrego Garcia has pleaded not guilty in federal court in Tennessee to charges of human smuggling. He is seeking to have the case dismissed on the grounds that the prosecution is vindictive — a way for President Trump's administration to punish him for the embarrassment of his mistaken deportation.

To support that argument, he has asked the government to turn over documents that reveal how the decision was made to prosecute him in 2025 for an incident that occurred in 2022.

On Dec. 3, U.S. District Judge Waverly Crenshaw filed an order under seal that compelled the government to provide some documents to Abrego Garcia and his attorneys. That order was unsealed Tuesday and sheds new light on the case.

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