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On Tuesday, a team of lawyers representing Salvadoran migrant Kilmar Abrego Garcia approached a federal judge in Nashville to request the dismissal of the criminal charges levied against him. They argue that the indictment issued by the Trump administration constitutes a vindictive and selective prosecution.
The lawyers submitted a detailed 35-page filing to U.S. District Judge Waverly Crenshaw in the Middle District of Tennessee. This action comes just days before Abrego Garcia is expected to be freed from federal custody on Friday. He has faced detention since May due to human smuggling charges, following his return to the United States from El Salvador after a extensive legal struggle.
Both Judge Crenshaw and U.S. Magistrate Judge Barbara Holmes determined that Abrego Garcia qualifies for release pending trial. However, they have exercised caution. Judge Holmes agreed to postpone his release for 30 days at the behest of Abrego Garcia’s legal team, citing concerns that he might be immediately detained and deported.
Judge Crenshaw articulated his skepticism regarding the Justice Department’s case, stating in a 37-page ruling that the government has failed to provide any compelling evidence justifying his continued detention. The judge noted that there was nothing in Abrego’s history or behavior to warrant such action.
In an interesting turn, Judge Crenshaw challenged the government’s persistent insinuations that Abrego Garcia is affiliated with the MS-13 gang, labeling such claims as