DOJ asks court to reinstate criminal charges against Abrego Garcia
In May, a federal judge dismissed a criminal indictment against Abrego Garcia, who had been accused of smuggling immigrants in the U.S. illegally.
On Monday, the Justice Department petitioned a federal appeals court to reinstate the criminal charges against Kilmar Abrego Garcia, a Salvadoran individual who was wrongfully deported by the Trump administration. The request comes in response to a lower court order that had categorized the charges as vindictive in nature. In May, a federal judge in Tennessee dismissed the criminal indictment against Abrego Garcia, who was accused of smuggling immigrants into the U.S. unlawfully.
The judge determined that the Justice Department had targeted Abrego Garcia in retaliation for his attempts to contest his deportation to El Salvador the previous year.
The Justice Department refuted the claim of vindictiveness, asserting that the prosecution had multiple lawful grounds to bring charges against Abrego Garcia. The decision to pursue an indictment was made by experienced prosecutors, who based their decision on the evidence, applicable laws, and their conviction that there was sufficient proof beyond a reasonable doubt of Abrego Garcia's guilt.
According to a Justice Department statement, the court's May order represents a significant increase in the power of courts to dismiss serious criminal charges based on subjective opinions of a prosecutor's intentions.
Further details about Abrego Garcia's case emerged from CBS News' recent inquiries. He was initially charged last year with two counts of human smuggling after being pulled over in Tennessee in November 2022 during a traffic stop. During the stop, authorities discovered a significant number of people in his vehicle. Abrego Garcia has pleaded not guilty to the charges.
Additionally, he is currently embroiled in a separate federal court case in Maryland, which pertains to the Trump administration's ongoing deportation efforts targeting him. Immigration and Customs Enforcement (ICE) has indicated that they intend to deport him to Liberia, although a federal judge has temporarily halted this deportation for now.
Written by urgent.news from CBS News's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
