U.S. District Court Judge Waverly Crenshaw on Friday granted the request by defense attorneys representing Kilmar Abrego Garcia to move an upcoming evidentiary hearing, which was originally scheduled for this week, to December 8.
Crenshaw (pictured above), an appointee of former President Barack Obama, made the decision following a 33-minute status conference on Friday, ordering a reset for the evidentiary hearing he originally called as part of Abrego Garcia’s bid to prove the case against him is being prosecuted vindictively.
Originally scheduled for November 4 and 5, the hearing will now be held on December 8 and 9. The minute entry for the hearing additionally reveals that witness lists are due, and a “final juror questionnaire” will be ready for the court, by December 1.
The judge’s decision came one day after Abrego Garcia’s attorneys, through a joint filing submitted by Sean Hecker of the New York firm, Hecker Fink, claimed that the U.S. Department of Justice (DOJ) had failed to provide sufficient communications to Crenshaw for review prior to the hearing.
Abrego Garcia’s defense attorneys additionally cited the ongoing effort to quash their subpoenas for testimony from Deputy Attorney General Todd Blanche, his attorney James McHenry, and Associate Deputy Attorney General Aakash Singh, and asked the judge to delay the hearing until their efforts were fully litigated.
Crenshaw’s decision was announced just one day after U.S. District Court Judge Paula Xinis, another Obama-appointed judge who is currently overseeing Abrego Garcia’s lawsuits against the Department of Homeland Security (DHS) in Maryland, granted the federal government permission to move the alleged human smuggler to Tennessee to attend the evidentiary hearing.
The case against Abrego Garcia stems from his November 30, 2022, stop by Tennessee Highway Patrol (THP), which The Tennessee Star reported in April. Despite a DHS document showing troopers suspected human trafficking, a THP spokesman told The Star that the “Biden-era FBI” instructed them to release Abrego Garcia.
Deported in March under contested circumstances, Abrego Garcia was returned to Tennessee in June, when U.S. Attorney General Pam Bondi unsealed the indictment accusing him of participating in a human smuggling conspiracy for nearly a decade.
Abrego Garcia has pleaded not guilty, and his trial is currently scheduled for January 2026. The DOJ recently told Xinis that DHS would prioritize his deportation over the resolution of his criminal case if she lifts the injunction blocking his removal to Liberia.
– – –
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].
Judge Crenshaw is an Obama appointee who clerked for one of the most liberal judges ever—John Nixon.
In my opinion, he cannot be impartial and will rule along party lines.