Abrego Garcia's lawyers ask judge to drop vindictive prosecution hearing, dismiss criminal case
Lawyers for Kilmar Abrego Garcia have asked a federal judge in Nashville to dismiss his criminal case entirely, arguing in a new filing Thursday that the Trump administration failed to...
By Fox News · Fox News
Lawyers for Kilmar Abrego Garcia have asked a federal judge in Nashville to dismiss his criminal case entirely, arguing in a new filing Thursday that the Trump administration failed to provide the necessary discovery or to allow key witness testimony during a two-day evidentiary hearing next week. U.S. District Judge Waverly Crenshaw scheduled the upcoming hearing to weigh Abrego Garcia's request that his criminal case be dismissed on the grounds of "vindictive" and selective prosecution by the government. Crenshaw ruled earlier this month that Abrego Garcia had established a "realistic likelihood" of vindictiveness in his criminal case, which was initiated by the Justice Department while he was detained in El Salvador earlier this year. US JUDGE VOWS TO RULE 'SOON' ON ABREGO GARCIA'S FATE AFTER MARATHON HEARING Abrego Garcia's lawyers noted in Thursday’s filing that after a judge finds a "realistic likelihood" of vindictiveness in a case — as Crenshaw did earlier this month — a rebuttable presumption arises for the government, which then bears the burden of providing "objective, on-the-record explanations" to show the case was not brought for retaliatory purposes. If the government fails to do so, the indictment should be dismissed completely, his lawyers said, arguing that the Trump administration had stonewalled them by refusing to allow witnesses to testify or hand over relevant discovery information. It is unclear how, or when, Crenshaw will rule on the motion to dismiss or whether he would opt to cancel next week's hearing in light of the allegedly unclear submissions by the Trump administration. More information could be revealed Friday afternoon, after lawyers for all parties participate in a counsel-only conference set by the judge. Still, the request comes as Abrego Garcia's dueling criminal and civil cases have emerged as a major flashpoint in the Trump administration's broader immigration crackdown. Justice Department officials told another federal judg…