Emails between the U.S. Department of Justice (DOJ) and Rascoe Dean, the Nashville-based criminal defense attorney representing Kilmar Abrego Garcia, appear to reveal the alleged human smuggler was willing to accept a plea deal that would have seen him plead guilty to one count of human smuggling in exchange for dismissal of his conspiracy charge.
Submitted as exhibits to the prosecutors’ latest filing, the emails show that Acting U.S. Attorney Robert E. McGuire first raised the possibility of a plea agreement on July 13, when he suggested an agreement that would allow Abrego Garcia’s attorneys to make their own sentencing requests to the judge, in addition to those made by prosecutors, in exchange for his guilty plea.
Dean confirmed on July 18 that Abrego Garcia was, “willing to discuss a potential plea with the government,” but said that the alleged human smuggler would only agree to a deal that would see his immigration proceedings concluded with deportation.
According to the email from Dean, his client was “only interested in a plea agreement that also resolves his outstanding immigration issues,” and specifically one that would see him, “deported to a Spanish-speaking third country in North or Central America – like Mexico – where he can live freely and safely without the specter of refoulement to El Salvador.”
McGuire replied on the same day that the government was able to facilitate such an agreement.
“We will have to coordinate with the State Department to discuss options on a potential third country removal,” wrote McGuire. “I expect that will take some additional time to work through.”
In the two following emails, Dean and McGuire agreed that Abrego Garcia would remain in Tennessee, where he was confined in DOJ custody, for at least another 30 days.
McGuire next contacted Dean about the deal in a July 25 email containing the first draft of a proposed plea agreement.
“Rascoe – I’ve attached a plea agreement draft for you all to review,” wrote McGuire, noting that it contained a provision which would have seen Abrego Garcia deported to a third country. In his email, the prosecutor specifically raised the possibility of removal to Mexico and Columbia, and asked Dean if Abrego Garcia had another option in mind.
This iteration of the plea agreement would have seen Abrego Garcia plead guilty to both human smuggling and engaging in a human smuggling conspiracy. Both prosecutors and the defense attorneys would have recommended sentences to the judge, and Abrego Garcia would have been deported to an undetermined third nation upon conclusion of his sentence.
Dean replied on July 29 with a series of proposed edits, requesting that Abrego Garcia would instead plead guilty to the act of human smuggling, and that prosecutors would ask the judge to dismiss their conspiracy charge at sentencing.
He also requested that the prosecutors and Abrego Garcia present the judge with a recommended sentence of 8-14 months, and that the government obtain “diplomatic assurances” that Abrego Garcia would be able to “live safely and freely” wherever he is deported.
McGuire confirmed receipt of Dean’s proposed changes on July 30, when he suggested that a quick finalization and acceptance of the plea deal could have seen Abrego Garcia sentenced later this year. To that end, the prosecutor requested a list of nations where Abrego Garcia would prefer to be deported.
The defense attorney replied days later, “Mr. Abrego’s preferred third countries are Mexico, Costa Rica, and Panama.”
The next email included in the exhibits came from McGuire to Dean on August 22, and occurred after Abrego Garica’s attorneys filed a motion to dismiss the case for vindictive prosecution.
McGuire wrote to reveal a newly modified version of the plea deal, which was not included in the government’s exhibit.
“This plea agreement contains language about his agreed deportation to Costa Rica, one of the countries that the Defendant chose as an acceptable place for him to be deported,” wrote McGuire. “It does not contain any ‘safety valve’ language which we understand he previously objected to. He asked for certainty; this agreement provides it.”
McGuire noted that the U.S. State Department obtained a written guarantee from Costa Rica’s government, which confirmed Abrego Garcia would be granted refugee or residency in the country upon deportation, and said it reflected the conditions Abrego Garcia expressed just days earlier.
“This offer represents our best and final offer to Mr. Abrego,” wrote McGuire more than a month after entering negotiations. He told the defense attorneys the deal expired the following Monday at 8 a.m.
Though Dean replied on the same date that Abrego Garcia was considering the offer, he suggested the government had provided insufficient clarity of its intention to deport Abrego Garcia to his preferred destination.
Abrego Garcia ultimately did not accept the deal prior to the deadline, and was instead released from federal custody in Tennessee. He surrendered at an ICE facility in Maryland days later, and has remained in federal custody since.
Since his return to ICE custody, federal attorneys have alleged in a filing that Abrego Garcia has expressed fear of deportation to Costa Rica, Mexico, and Panama, in addition to 19 other nations.
Immigration authorities have since sought to deport Abrego Garcia to the African nations, Uganda and Etswani.
The criminal case against Abrego Garcia stems from his November 2022 traffic stop by Tennessee Highway Patrol (THP), which was first reported by The Tennessee Star in April. A spokesman for THP later told The Star that troopers released Abrego Garcia at the instruction of the “Biden-era FBI,” and the Trump administration released a document confirming troopers suspected human smuggling.
Abrego Garcia pleaded not guilty after being returned to the United States from El Salvador in June. His trial was scheduled for January 2026.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
I am very tired of wasting taxpayer money on this illegal criminal. Get rid of him NOW!
Wait, negotiating with a criminal? He is an illegal alien, a human smuggler and a domestic abuser. He gets what the government decides. He is without bargaining power.