High-Level DOJ Pressure to Indict Kilmar Ábrego García Raises Vindictive Prosecution Concerns
A newly unsealed order reveals that high-level Department of Justice (DOJ) officials prioritized indicting Kilmar Ábrego García after he was mistakenly deported and ordered returned to the United States. The charges against García originated from a 2022 Tennessee traffic stop involving nine passengers. García received a warning, and the case was subsequently transferred to Homeland Security Investigations, with formal charges filed in 2025.
Judge Waverly Crenshaw found some evidence suggesting the prosecution could be vindictive, citing statements made by Deputy Attorney General Todd Blanche. Rob McGuire, the acting US attorney for the Middle District of Tennessee, has stated the decision to prosecute was made solely by him and was without animus. However, the unsealed order indicates that McGuire reported to others, and the decision to prosecute may have been shared within higher DOJ offices.
An email from McGuire dated May 15, 2025, expressed a preference to charge García sooner rather than later. The order also notes routine communications with the Deputy Attorney General’s Office about this high-profile case. Aakash Singh, an official working under Blanche, coordinated closely with McGuire. Singh described the prosecution as a top priority on April 30, 2025, and later sought clearance to file the indictment.
The timeline associated with the case includes a Supreme Court ruling in García’s favor on April 10, which is linked in the unsealed documents to renewed efforts to prosecute him. A hearing on the motion to dismiss the case on grounds of vindictive prosecution is scheduled for January 28.
The DOJ maintains that the ultimate decision to prosecute was made by career prosecutors based on facts and established DOJ practice, while communications with the Deputy Attorney General’s Office were routine in nature.
