VINDICTIVE PROSECUTION? Judge Dismisses Charges Against Kilmar Abrego Garcia for RIDICULOUS Reason

Added: 2026-05-26

[00:00:01]One of the broader criticisms has been the absolute absence of impeachment of federal judges for grotesque misconduct.

[00:00:08]United States federal judge of the United States District for the middle district of Tennessee. Even if you start with Judge Booseberg at the federal level, you might bring about a certain degree of conscientiousness among federal judges to not play activists from the bench. Kilmargo Garcia, we talked about it yesterday. This is the man who was deported to El Salvador, brought back because they argued that they violated a withholding order against him, which was that he couldn't be brought back to El Salvador in particular because he was so not a gang member that he would have faced risks and dangers of going back to his own home country. And so if they deported him, which there was a deportation order for him, it had to be to another country other than El Salvador. He was ordered to be brought back and then upon coming back was charged with human trafficking because of a roadside stop where he had I think seven or eight illegal aliens in his vehicle which was specially customed to be able to fit more illegals and it might not have been his vehicle. It might have been his bosses and he was charged with human trafficking. He made a motion for dismissal based on vindictive prosecution and a judge Krenshaw. Let me just bring this one up and we can see uh Judge Krenshaw's credentials. Crenshaw Jr. No relation to Dan Krenshaw for reasons which will be patently obvious right now. Waverly David Krenshaw 1956 biography Krenshaw was born December 17 1956 Nashville Tennessee received bachelor of arts degree Vanderbilt received a jurist doctor 1981 from Vanderbilt from 81 to 82 he served as a law clerk of the judges of the chancery and probate of division county Tennessee 82 to84 served as a law clerk federal judicial service on February 4 2015 Obama nominated Cshaw to serve as United States District Court Judge District Middle District of Tennessee to the seat vacated by Judge William Joseph Haynes Jr. who assumed senior status. He received a hearing before the Senate Judiciary Committee 2015. Nomination was reported out of committee yada yada yada. All right, there you go. That's that's Judge Krenshaw. And now coming back to the decision, which it's not patently absurd, but I think it's sufficiently absurd where he basically says this is vindictive prosecution. This is from the order itself. Then attorney general H.

[00:02:19]Robert H. Jackson warned his fellow prosecutors long ago of the danger of picking the person to f first and then the crime second. Quote, "Therein is the most dangerous power of the prosecutor that he will pick people he thinks he should get rather than pick cases that need to be prosecuted." That is the situation here. Can you like if this were describing uh you know what they did to Trump, you might understand what he's talking about.

[00:02:47]This is a man. They're talking about a man who is literally an illegal alien from the get-go, although he, you know, applied for asylum status, uh, you know, a as per whatever directives illegal aliens were getting when they crossed the border to frustrate the deportation.

[00:03:03]They're talking about a man who's an illegal alien to begin with, who is an alleged on affidavit wife beater who allegedly has tattoos that are gang related on his knuckles, which whether or not you think they are or not are not gang related, his own wife blacked out on an Instagram post presumably for reasons. And um they are arguing that this man is the embodiment of Lenta Baria, the wonderful communist. Show me the man, I'll find you the crime. Uh, they they couldn't have picked someone who would not fit this paradigm more.

[00:03:39]Donald Trump is the embodiment of this paradigm. Hush money, bull crap. Rico, Georgia, bull crap. Eugene Carol, bull crap. Disgorgement in New York, bull crap. Insurrection, bull crap. That is the case of find me the man, I'll find you the crime. Kilmargo Garcia moves to dismiss the indictment for vindictive and selective prosecution in violation of the fifth amendment's due process clause. His motion arises from the executive branch's response to his lawsuit challenging his wrongful removal from the United States to El Salvador.

[00:04:08]His lawsuit resulted in the judicial branch unanimously directing the executive branch to quote facilitate a braogo's return. Upon his return, where do we go? Within days of the Supreme Court ruling, the department the DHS reopened its closed investigation of November 30, 2022 traffic stop of Arbago in the middle district of Tennessee. I I I'm curious as to the nature of the closed investigation, but you got to take his word for it now because now it's a judicial fact until it gets overturned on appeal, if ever. Less than 30 days after that, the DOJ charged Argo and finally returned him to the United States to answer a two-count indictment.

[00:04:44]That indictment charges Argo with conspiring to transport aliens between 2016 and 2025 and with transporting undocumented aliens aliens during that November 2022 traffic stop. The court previously found ago Garcia made a primaasi showing of some evidence of a realistic likelihood of indictiveness.

[00:05:01]That threshold showing shifted the burden to the government to rebut the presumption of indictiveness. Finding of fact, let's get to this. The court draws its factual finding from the complete record in this case and from related litigation that includes transcripts and exhibits from four hearings. the detention hearing in June, the release hearing in June, evidentiary hearing on government's motion for revocation of the release order in July, and the evidentiary hearing on Abrago's motion to dismiss on February 26, 2026. We'll look over the the factual findings here.

[00:05:29]Tuesday, November 30, 2022. We've all seen this video, we played it, where the cops are sitting there saying, you know what's going on right now. He's trafficking humans. He's in a modified vehicle that has an extra bench in the back that he doesn't own. He's doing it for his boss. all illegals. And the cop says to the other cop on body cam, it's not evidence. I mean, it's not it's not it's not evidence adjusted in the court, you know what he's doing right now. He's trafficking these people. Tennessee Highway Patrol performs a traffic stop for speeding on a vehicle driven by Abrago. Tennessee Highway Patrol referred information about the traffic stop to the FBI and Homeland Security Baltimore. THP confirmed that the vehicle was registered to Joseé Ramon Hernandez Reyes in Texas, who was previously convicted of aiding and abetting the illegal transportation of aliens in 2019. You have to understand just how effing ludicrous this is. So, in 2022, this is under the Biden Open Border Policy Administration. They pull him over. The vehicle is owned by a man who was previously convicted of illegal trafficking and they're going to claim that the decision to bring charges against that alone should be a a non-starter. That should be a block to any claim for vindictive prosecution.

[00:06:42]Okay. Thursday, December 22nd, 2022, HSI Baltimore opens an investigation on Abrago, which is approved by special agent Heather Woodson. And then three years goes.

[00:06:56]So under Biden's administration, open borders and, you know, infiltration, they pull him over. The vehicle that he has eight or nine illegal aliens in is owned by a man who was convicted of human trafficking. Okay. Uh they look into it in December 2022. Fast forward to 2025. Attorney General Pamela Bondi issues the DOJ memorandum employs yada yada yada. It states that any DOJ attorney who because of their personal political views declines to sign a brief or appear in court refuses to advance good faith arguments on behalf of this administration or otherwise delays impedes yada yada yada will be subject to discipline and potential termination with applicable law. I want to see if there's anything any anything more that we should highlight right here. Meguire writes, "Based on the conversation Jake and I are having, I think it is reasonable to believe we could have a charging document next week. We are hammering as hard as we ca can on this effort." Singh writes, "Awesome news.

[00:07:47]Thank you guys. Keep me posted. This is about charging." Meuire emails Singh, Tennessee traffic stop to inform him that the Tennessee Department of Safety is releasing a redacted video of the November traffic stop. Singh asks detailed questions about why and how the release would proceed. Sing later emails Maguire and Warren to ask how close do we think we are to charging and can we set up a brief before this all gets lifted. Maguire responds, "I think towards the end of the week, my vision was that I would talk with you and Jake about complaint versus indictment and pass the charging documents up the chain of command before swearing them out.

[00:08:18]We're all hammering as hard as we can go on the work that we need to do to get this case tight and right. I think with some luck we should be able to by next week. Definitely planned on call. Sing responds, "Thank you, Rob. I appreciate that. Do we have Okay, fine." Sing asked Warren McGuire for a meeting to discuss documents Warren shared on May 1st.

[00:08:38]Homeland Security interviews another cooperating witness in Texas. CC2 cooperate corroborates Hernandez Rise testimony regarding Arbago's human smuggling activities. Meguire then, then criminal division for the chief office, middle district, yada yada yada.

[00:08:51]Magguire circulates a prosecution memo and draft indictment to his leadership team in the US attorney's office for the middle district of Tennessee. Schrader later writes, "I have attached to this email a memorandum recommending against charging Abrao. Please pass it along to the relevant parties." It's an amazing thing where you have Bondi saying if you're not going to do your job properly, we're going to go after you under the limits of the law. You have people in here who might be fighting against the administration in real time.

[00:09:16]You have a two and a half windy year window where the judge glosses over why it was that a brago was never charged back in the day while operating a vehicle that was owned by a man convicted of human trafficking and then lo and behold comes to the conclusion that this was malicious prosecution.

[00:09:30]Evidence of vindictiveness. A criminal defendant may challenge an indictment on two theories, presumptive or actual vindictiveness. Presumptive vindictiveness re recognizes a rebuttal presumption of vindictiveness if the defendant shows a realistic likelihood that a charge was indictive. Actual vindictiveness, on the other hand, requires quote objective evidence that a prosecutor acted in order to punish the defendant for standing on his legal rights. Whether presumptive or actual, the standard of causation is whether the conduct would not have been initiated but for the vindictiveness. So, but for the fact that this what they're calling vindictive, by the way, in this is that Abrego Garcia successfully challenged his removal order to El Salvador. So he says had he not succeeded on that claim they would have never brought these charges. That may be true but not for reasons of vindictiveness but just for reasons of pure geography. And I want people to understand this. Had he not successfully challenged his removal and the Supreme Court ordered his you know facilitated uh bringing back to America, they probably would have never brought the charges just because he would not have been in America anymore. and it would be a little bit weird to bring federal human trafficking charges for a man who has now been successfully deported to El Salvador. But the judge says no, it's vindictiveness that they brought the charges after he was ordered to be brought back because he succeeded in challenging their removal. So, and this is where you understand you are arguing from a conclusion and not towards one. where you can look at one thing and see it two different ways depending on whether or not you want to come to the conclusion of vindictiveness or just mere matterof fact. If the dude's no longer in America, you're not bringing charges for human trafficking anymore. Let's go down here. The objective standard here. HSI's reopened investigation. The timing of HSI's closed and subsequent reopened reopening of the investigation into Abrago's 22 new traffic stop is telling and forceful. What might have been telling and forceful was why they closed the investigation under the Biden administration. HSI Baltimore opened the initial investigation shortly after November 2022 on December 2022. Okay.

[00:11:36]More than two years later, agent Vani closed the case on April 1, 2025 after the executive branch removed Albrego to El Salvador, stating the government had accomplished all goals for this case.

[00:11:47]Then on April 10, the Supreme Court upheld the District of Maryland's order requiring the executive branch to facilitate Abrago's return. The next day, after clarifying its order on Remand, the District of Maryland found the executive branch had quote made no meaningful efforts to comply yada yada yada. It is also required the government file. Okay, so understand that it it's not even like they had reopened it after the Biden administration had done nothing in it and closed it. They closed it after he was going to be successfully deported, saying, "We don't need now to continue investigating human trafficking now that he has been successfully deported." Less than a week later on April 17, Agent Vani reopened HSI Baltimore's investigation into ago. The government did not call Agent Van White to explain why. I I could explain why.

[00:12:31]If the dude's coming back, you might want to reopen your investigation into human trafficking. That is curious because the government identified him as a person with knowledge of the decision to reopen the investigation into the human smuggling activities. The decision that the court had identified is central to Abrao's motion. The government instead offered me secondhand testimony to his knowledge as HSI Baltimore was getting a lot of requests for information to look into Abrago and Agent Vani needed to reopen the case.

[00:12:55]Basically, get his agents to be able to do that. No other witness testified about the reopening of the HSI. Am I am I obtuse here or is it not painfully obvious that they close it because you're no longer going to investigate and prosecute a man who's been successfully deported when he's ordered to be brought back. you reopen it because he's coming back to America and can now stand justice. That's logic, not vindictiveness. And maybe I mean I I feel I feel crazy because it feels like it's so flipping obvious that I feel like I must have missed something in terms of the obviousness of it. And I will read the chat in a second to see if I am. And so the the the the evidence of maliciousness or vindictiveness was reopening the investigation that they had closed because he had been su successfully deported until he had been ordered to be brought back. What the government has chosen not to address is as telling as what it has.

[00:13:45]That is the catch all of motivated reasoning. What you did not say is as important as what you did say and I can therefore draw all negative inferences from what you did not say. This is in the conclusions part. The government's post-hering brief mentions Blanch once in a parenthetical to Maguire's testimony. It mentions the Supreme Court's ruling once in a footnote. It mentions Singh 11 times framing him as the recipient of Meguire's updates and ignoring his close continuous and substantive substantive oversightes. The government does not mention Shrader's recommendations against charging Abrao at all. You didn't consider and you didn't mention somebody who said not to prosecute him for whatever the reason and we're going to therefore conclude that the decision to prosecute him on an investigation that was open for years and closed only after he was successfully deported is suspicious. The reopening of the closed HSI investigation is the source of the vindictiveness. That is the conclusion that serves as the premise of this entire ruling. Blanch's public statements about the investigation and Singh's involvement tie main justice to the reopened investigation. The indictment after the indictment became reality. The government ignores Meguire's testimony that Maine justice caused Abrago's return and the United States as the District of America had long required the government's rebuttal to the presumption of vindictiveness does not engage with what with that evidence. As a matter of pure logic, the government cannot rebut a presumption when it does not address the evidence supporting the presumption. The court does not reach this conclusion lightly here. Let's get down here. A prosecutor's exercise of coercive power must be impartial, even-handed, and applied without favoritism or bias. Then Attorney General Robert H. Jackson cautioned that when the prosecutor picks the same some person whom he dislikes or desires to embarrass or selects some group of unpopular persons and then looks for an offense an offense that is the greatest danger of abuse of prosecuting power. Something tells me this will not be applied not even with a similar uh vigor but at all to Donald Trump. The evidence before the court sadly reflects an abuse of prosecuting power. Court doesn't reach this conclusion lightly. The evidence here show the objective evidence here shows that absentgo successful challenging his removal to El Salvador, the government would not have brought this prosecution.

[00:15:53]Of course, the executive branch closed its investigation on November 20 on the November 2022 traffic stop. Only after his removal order was wassued only after ago succeeded in vindicating his rights to be brought back to America did they decide to reopen this investigation because he'd be back in America to stand justice for it. What the government labels as new evidence was not new as a matter of law. The prosecutor's subjective good faith does not cure that retaliatory taint. Absent Blanch's tainted investigation conclusion not an argument. Agent Sud would not have called Meguire Singh would not have brought him into the fold and Maguire would not have sought an indictment against the Brabo. The indictment then provided the executive branch cover to comply with Judge Zidi's order to facilitate Brago's return to the United States as soon as possible. If they don't appeal this and if they don't succeed on the appeal, there's a problem. But I'm gonna go look at the chat and see if I if I didn't miss anything in terms of what is fundamentally flawed logic based on that timeline, based on those facts. I don't think I've missed it. I think it's absolutely clearly patently absurd. And that is the absolute state of the activist judicial system for which not one judge a year and a half into Trump's second term has been impeached, threatened with impeachment or stood justice themselves for the grotesque miscarriages of justice that they have been responsible for. And that's what's going on with Kilmer Abrego Garcia.