A U.S. District Court Judge dismissed Department of Justice charges against Kilmar Abrego Garcia, a Salvadoran national deported to CECOT prison. The court found that objective evidence showed the government would not have brought the prosecution absent Garcia’s successful lawsuit challenging his removal to El Salvador. The executive branch closed its investigation after a November 2022 traffic stop, then reopened it only after Garcia vindicated his rights. The court ruled that evidence labeled as “new” was not new as a matter of law, and that subjective good faith did not remove the retaliatory taint. The court concluded that without the tainted investigation, subsequent actions would not have occurred, and the indictment provided cover to comply with an order to facilitate Garcia’s return to the United States.
"The objective evidence here shows that, absent Abrego's successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution. The Executive Branch closed its investigation on the November 2022 traffic stop, wrote Crenshaw, who granted Garcia's motion for dismissal based on vindictive prosecution. Only after Abrego succeeded in vindicating his rights did the Executive Branch reopen that investigation."
"What the Government labels as new evidence' was not new as a matter of law. The prosecutor's subjective good faith does not cure the retaliatory taint. Absent Blanche's tainted investigation, Agent Saoud would not have called McGuire, Singh would not have brought him into the fold, and McGuire would not have sought an indictment against Abrego."
"The indictment then provided the Executive Branch cover to comply with Judge Xinis' order to facilitate Abrego's return to the United States as soon as possible, continued Crenshaw. Abrego's motion to dismiss the indictment must be granted. Abrego Garcia was brought back to the United States last summer after the Supreme Court ordered the Trump administration to do so."
"The Department of Justice subsequently indicted him on unlawful transportation of illegal aliens for financial gain and conspiracy charges. This is a developing story."
#vindictive-prosecution #department-of-justice #deportation-and-removal #us-federal-court #immigration-enforcement
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