Category: Kilmar Abrego Garcia

DOJ Asks Court to End ‘Fishing Expedition’ by Abrego Garcia After Producing over 3,000 Documents to Obama-Appointed Judge

Tom Pappert
Kilmar Abrego Garcia, DOJ Todd Blanche

Prosecutors on Friday asked District Court Judge Waverly Crenshaw to end the “fishing expedition” by the criminal defense attorneys representing Kilmar Abrego Garcia, divulging that the U.S. Department of Justice (DOJ) has now submitted more than 3,000 documents to the court as the alleged human smuggler seeks to prove he is being vindictively prosecuted. 

In a supplemental motion asking Crenshaw, an appointee of former President Barack Obama, to grant an earlier request to quash Abrego Garica’s subpoena seeking the testimony of high ranking DOJ officials, Assistant U.S. Attorney Robert E. McGuire and Associate Attorney General Stanley E. Woodward wrote, “Defendant’s fishing expedition continues based on two increasingly dubious theories.”

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Ex-DOJ Lawyer Facing Bar Complaint over Abrego Garcia Whistleblower Raises Attorney-Client Privilege in Letter to Judge James Boasberg

Tom Pappert
James Boasberg

The former U.S. Department of Justice (DOJ) attorney, who is now facing a bar complaint over his alleged betrayal of attorney-client privilege during his remarks in federal court, has now raised his concerns over attorney-client privilege in a letter to U.S. District Court Judge James Boasberg.

Sent in reference to the contempt case against the Trump administration brought by Boasberg, the letter was sent by Erez Reuveni, who was fired from the DOJ after the agency said he failed to vigorously represent his client, the Department of Homeland Security (DHS), in the lawsuit brought against the Trump administration by Kilmar Abrego Garcia. 

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Obama-Appointed Judge Grants More Relief to Abrego Garcia After Filing Requests Restraining Order Against Hypothetical ICE Action

Tom Pappert
Kilmar Abrego Garcia

U.S. District Court Judge Paula Xinis granted more relief to Kilmar Abrego Garcia on Friday after Abrego Garcia’s immigration lawyers asked her to issue a ruling prohibiting further Immigration and Customs Enforcement (ICE) or Department of Homeland Security (DHS) detainment after his Thursday release.

The order by Xinis, an appointee of former President Barack Obama, confirms that it was requested by Abrego Garcia’s attorneys when, after being released from ICE custody, the agency again informed him that he is subject to a final deportation order from 2019, and informed the alleged human smuggler that his release would be subject to conditions due to his status.

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Immigration Attorney Confirms Release of Kilmar Abrego Garcia as White House Confirms Plan to Appeal

Tom Pappert
Kilmar Abrego Garcia and CASA representative Lydia Walther-Rodriguez

Immigration attorney Simon Sandoval-Moshenberg of the firm Murray Osorio, one of the two firms representing Kilmar Abrego Garcia in his immigration lawsuits against the Trump administration, on Thursday confirmed his client left U.S. Immigration and Customs Enforcement (ICE) detention in Pennsylvania.

His departure from the facility, where he has been held for months following his pretrial release in Tennessee, came just hours after an order was signed by U.S. District Court Judge Paula Xinis, an appointee of former President Barack Obama, which demanded his immediate release. Xinis argued that Abrego Garcia’s 2019 immigration case concluded without a viable final deportation order, making ICE unable to detain or deport the citizen of El Salvador who illegally entered the United States more than a decade ago.

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Immigration Court Refused to Reopen Abrego Garcia Case Weeks Before Obama-Appointed Judge Claimed No Final Order of Removal Exists

Tom Pappert
Kilmar Abrego Garcia, wife Jennifer, and CASA representative Lydia Walther-Rodriguez

U.S. District Court Judge Paula Xinis concluded in a Thursday memorandum justifying her decision to release Kilmar Abrego Garcia from U.S. Immigration and Customs Enforcement (ICE) detention that the 2019 ruling by an immigration judge does not constitute a final order of removal, citing a 2019 decision by the Fourth Circuit Court of Appeals. The appellate decision cited by Xinis, however, is materially different than the case against Abrego Garcia. 

Xinis, an appointee of former President Barack Obama, cited the circuit court’s Kouambo v. Barr, in which it was determined that no final order of removal was in place against the plaintiff, specifically because proceedings were still ongoing after the case was sent back to an immigration court with instructions for the U.S. Department of Homeland Security (DHS) to complete additional background and security checks.

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Obama-Appointed Judge Demands Immediate Release of Kilmar Abrego Garcia, Claims 2019 Final Order of Removal Invalid

Tom Pappert
Kilmar Abrego Garcia

U.S. District Court Judge Paula Xinis, an appointee of former President Barack Obama, on Thursday ordered the U.S. Department of Homeland Security (DHS) to immediately release Kilmar Abrego Garcia from Immigration and Customs Enforcement (ICE) custody, claiming that the 2019 final order of deportation issued by Immigration Judge David M. Jones is an invalid document for his removal. 

While Abrego Garcia was deemed eligible for deportation by an immigration in 2019, when Jones wrote, “Respondent, through counsel, admitted the factual allegations contained in the [Notice to Appear] and conceded eligibility,” and further that Abrego Garcia’s admissions led the court to find,” his removability to be established by clear and convincing evidence,” as required by the Immigration and Nationality Act, the Obama-appointed judge on Tuesday claimed the decision was not a deportation order Jones did not positively state that Abrego Garcia should be deported. 

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Judge Cancels Vindictive Prosecution Hearing for Abrego Garcia as Defense Stipulates to Client’s Phone Numbers Cited in Minor Solicitation Claims

Tom Pappert
KAG

U.S. District Court Judge Waverly Crenshaw, an appointee of former President Barack Obama, on Thursday canceled the evidentiary hearing where Kilmar Abrego Garcia sought to establish the human smuggling case against him was vindictive and should be dismissed, without explanation. The judge instead instructed that the court would issue a further order.

In a filing submitted by the defense attorneys later the same day, Abrego Garcia stipulated to using cell phone numbers that the U.S. Department of Justice (DOJ) previously alleged were used to solicit nude images from a 15-year-old girl whom he had previously smuggled, while continuing to deny the prosecutors’ claim about the solicitation.

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Kilmar Abrego Garcia to Appear in Court for Vindictive Prosecution Hearing in Tennessee

Tom Pappert
Kilmar Abrego Garcia

The U.S. Department of Justice (DOJ) on Wednesday asked District Court Judge Paula Xinis, the appointee of former President Barack Obama overseeing the lawsuits filed by Kilmar Abrego Garcia against the Trump administration, for her consent to transport the alleged human smuggler back to Tennessee to attend the Monday evidentiary hearing where he seeks to establish that the case against him is vindictive. 

Abrego Garcia is currently being held at a U.S. Immigration and Customs Enforcement (ICE) facility in Pennsylvania, where he was sent earlier this year in compliance with Xinis’ previous order that required he be held no more than 200 miles away from his courtroom. 

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Abrego Garcia Claims DOJ Cannot Disprove Vindictive Prosecution Without Testimony from Deputy Attorney General Todd Blanche

Tom Pappert
Kilmar Abrego Garcia

The attorneys representing Kilmar Abrego Garcia in his human smuggling case on Monday submitted a filing to U.S. District Court Judge Waverly Crenshaw, an appointee of former President Barack Obama, arguing the U.S. Department of Justice (DOJ) cannot disprove their claim that their client is being vindictively prosecuted without the testimony of senior officials including Deputy Attorney General Todd Blanche. 

The attorneys, led by Sean Hecker of the New York-based Hecker Fink, argued that Crenshaw’s decision to grant their request for a hearing to prove whether the case against Abrego Garcia represents vindictive prosecution establishes the presumption of vindictiveness, and it is now the responsibility of the DOJ to disprove their claim. 

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Kilmar Abrego Garcia Wants Audio from 2022 Traffic Stop Video Muted During Human Smuggling Trial

Tom Pappert
Kilmar Abrego Garcia

The criminal defense attorneys representing Kilmar Abrego Garcia on Monday asked U.S. District Court Judge Waverly Crenshaw, the appointee of former President Barack Obama overseeing his human smuggling case, to require prosecutors to mute the audio from the body-worn camera video recorded by Tennessee Highway Patrol (THP) during his November 30, 2022 traffic stop. 

Abrego Garica’s attorneys claimed in their filing that the audio attached to the THP video footage from the stop contains inadmissible hearsay, as well as “testimonial” statements from troopers, which they argue will violate the Abrego Garcia’s rights under the Sixth Amendment’s Confrontation Clause unless the troopers are called to testify in court. 

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Kilmar Abrego Garcia Cites Washington Post Article as Proof Costa Rica Willing to Receive Him After Deportation

Tom Pappert
KAG Costa Rica

Kilmar Abrego Garcia last week cited an article published by The Washington Post, which included a quote from a senior official in Costa Rica, as evidence the federal government was incorrect in informing U.S. District Court Judge Paula Xinis, an appointee of former President Barack Obama, that Costa Rica was no longer willing to receive the alleged human smuggler upon his deportation.

“Petitioner Kilmar Armando Abrego Garcia respectfully submits as further evidence in support of his habeas petition a Washington Post article published earlier today that confirms that Costa Rica remains willing to accept Abrego Garcia and offer him legal residency,” the attorneys wrote in their filing. “The article further reports that additional negotiations with the United States are not required.”

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DOJ Blasts ‘Profound Gamesmanship’ in Latest Attempt by Kilmar Abrego Garcia to Stop Deportation to Liberia

Tom Pappert
KAG

The U.S. Department of Justice on Wednesday condemned the latest arguments put forward by the attorneys representing Kilmar Abrego Garcia in his immigration lawsuits against the Department of Homeland Security (DHS) as “profound gamesmanship,” and for the first time called into question the terms under which Costa Rica would accept the citizen of El Salvador. 

Immigration authorities are currently seeking final authorization from U.S. District Court Judge Paula Xinis, an appointee of former President Barack Obama, to deport Abrego Garcia to Liberia, after successfully obtaining diplomatic assurances from the East African nation regarding its intended treatment of the alleged human smuggler. 

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Prosecutors Say Human Smuggling Ring Used Abrego Garcia’s MS-13 Ties to Keep Gang Members from Stiffing Drivers

Tom Pappert
Kilmar Abrego Garcia

The U.S. Department of Justice (DOJ) on Thursday submitted notice to U.S. District Court Judge Waverly Crenshaw, the appointee of former President Barack Obama who is overseeing the federal human smuggling case against Kilmar Abrego Garcia, that it intends to present evidence that the alleged human trafficker’s purported affiliation with Mara Salvatrucha (MS-13) helped facilitate a smuggling ring’s business with the Central American gang. 

Acting U.S. Attorney Robert McGuire informed the court that the prosecution will seek to prove Abrego Garcia’s alleged years-long association with MS-13 made helped his co-conspirators collect money.

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Bar Complaint Filed Against Ex-DOJ Lawyer Fired over Abrego Garcia Case for Alleged Violation of Attorney-Client Privilege

Tom Pappert
Erez Reuveni on CBS 60 Minutes

An ethics complaint was filed on Wednesday with the California Bar Association targeting Erez Reuveni, the former U.S. Department of Justice (DOJ) lawyer who was fired for failing to represent his client, the Department of Homeland Security (DHS), in the lawsuit filed against the agency by Kilmar Abrego Garcia. 

Reuveni was fired in April, when the DOJ said he failed to strongly defend the DHS in the Abrego Garcia case, with the attorney at one point telling Obama-appointed U.S. District Court Judge Paula Xinis that he was “frustrated” with his government client. 

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Judge Modifies Abrego Garcia Gag Order After Prosecutors Warned It Included Nearly 300,000 DHS Employees

Tom Pappert
Judge Crenshaw

U.S. District Court Judge Waverly Crenshaw, an appointee of former President Barack Obama, on Tuesday agreed to modify his previous court order gagging members of the Trump administration from commenting on the human smuggling case against Kilmar Abrego Garcia. His decision came after prosecutors warned the original order covered all of the nearly 300,000 employees at the U.S. Department of Homeland Security (DHS). 

The request was made earlier this month by the U.S. Department of Justice (DOJ), who told Crenshaw that the requirement for his office to notify almost 300,000 DHS employees could create unnecessary confusion. 

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DOJ Asks Judge to Lift Injunction Blocking Abrego Garcia Deportation After Marco Rubio, State Department Obtain Assurances from Liberia

Tom Pappert
KAG

The U.S. Department of Justice (DOJ) last week asked District Court Judge Paula Xinis, an appointee of former President Barack Obama, to lift her August injunction blocking the deportation of Kilmar Abrego Garica.

Among the reasons cited in its filing, the DOJ reported that U.S. Secretary of State Marco Rubio and the State Department have obtained diplomatic assurances that Abrego Garcia will be treated appropriately upon deportation to Liberia.

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DOJ Plans to Call Experts on Human Smuggling, Cell Phone Tracking to Testify in Kilmar Abrego Garcia Trial

Tom Pappert
Kilmar Abrego Garcia

The U.S. Department of Justice (DOJ) on Tuesday submitted a notice to District Court Judge Paula Xinis, an appointee of former President Barack Obama, informing the court of two experts the government plans to call to testify in the human smuggling trial of Kilmar Abrego Garcia. 

The DOJ told the court that it plans two call an expert from the FBI, who will testify about how she used cell phone records to trace the travel history of Abrego Garcia, as well as an expert from U.S. Border Patrol, who will tell the court how illegal immigrant smuggling rings typically operate. 

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Federal Judge Moves Vindictive Prosecution Hearing to December After Abrego Garcia Claims DOJ Unprepared

Tom Pappert
Federal Judge Waverly Crenshaw

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, 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. 

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Federal Judge Authorizes Transfer of Kilmar Abrego Garcia to Tennessee for Vindictive Prosecution Hearing

Tom Pappert
Kilmar Abrego Garcia

U.S. District Court Judge Paula Xinis, an appointee of former President Barack Obama, on Thursday authorized the U.S. Department of Homeland Security (DHS) to transfer Kilmar Abrego Garcia from an Immigration and Customs and Enforcement (ICE) facility in Pennsylvania to another federal facility in Tennessee, where he will be allowed to attend the evidentiary hearing called as part of his effort to prove the human smuggling case against him is being vindictively prosecuted. 

News that Abrego Garcia would be transferred to Tennessee first emerged through a filing by the U.S. Department of Justice (DOJ) attorneys representing the DHS in the civil immigration lawsuits brought by the alleged human smuggler over the government’s desire to fulfill his 2019 deportation order, who submitted an unopposed motion for Abrego Garcia to be transferred on Thursday. 

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Federal Judge Threatens Sanctions for ‘Prejudicial’ Statements About Abrego Garcia, Orders Private Review for DHS Emails

Tom Pappert
Kilmar Abrego Garcia

U.S. District Court Judge Waverly Crenshaw, an appointee of former President Barack Obama, on Monday submitted an order warning the U.S. Department of Justice (DOJ) that it could impose sanctions for prejudicial statements made by the Department of Homeland Security (DHS), members of President Donald Trump’s cabinet, or other federal officials, which could impact the likelihood Kilmar Abrego Garcia will receive a fair trial for his human smuggling charges. 

The decision came months after the criminal defense attorneys representing Abrego Garcia asked the judge to enforce a local court rule against the federal officials.

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Abrego Garcia Could Be Deported as Early as Friday, Should Obama-Appointed Judge Lift Injunction

Tom Pappert
Kilmar Abrego Garcia

A U.S. Department of Justice (DOJ) attorney reportedly confirmed in court on Monday that Kilmar Abrego Garcia could be deported as early as Friday, if Obama-appointed District Court Judge Paula Xinis lifts her August injunction blocking the Department of Homeland Security (DHS) from deporting the alleged human smuggler. 

After Abrego Garcia’s attorneys claimed that the Trump administration was preparing to deport Abrego Garcia as early as Friday, DOJ attorney Jonathan David Guynn reportedly told Xinis their claim was accurate, but clarified that DHS would simply move quickly to deport Abrego Garcia if Xinis lifts her August 25 injunction. 

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Liberia Now 24th Nation Where Kilmar Abrego Garcia Claims to Fear Persecution, Torture if Deported

Tom Pappert
Kilmar Abrego Garcia, Liberia capitol building

The immigration attorneys representing Kilmar Abrego Garcia in his immigration lawsuit against the U.S. Department of Homeland Security (DHS) on Friday notified the court that their client expressed fear of persecution or torture if deported to Liberia, making the West African nation the 24th country where Abrego Garcia has voiced such concerns. 

Liberia was publicly identified as the newest destination to deport Abrego Garcia on Friday, when the U.S. Department of Justice (DOJ) notified Obama-appointed District Court Judge Paula Xinis that the African nation’s government had agreed to accept the alleged human smuggler, and made a series of assurances regarding how it treats refugees and non-citizens. 

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Kilmar Abrego Garcia Now Destined for Deportation to Liberia, New Court Filing Reveals

Tom Pappert
KAG

The U.S. Department of Justice (DOJ) revealed in a Friday court filing that the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have identified Liberia as the latest destination where Kilmar Abrego Garcia will be deported. Additionally, the filing informed Obama-appointed District Court Judge Paula Xinis that the Trump administration has obtained diplomatic assurances regarding the African nation’s planned treatment of the alleged human smuggler. 

While federal immigration authorities previously identified other African countries that ultimately declined to accept Abrego Garcia, including Uganda and Eswatini, the filing confirms that Liberia, “has agreed to accept petitioner.” The filing also notes that Abrego Garcia has not claimed to fear persecution or torture in Liberia.

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DOJ Expects Ex-Prosecutor Who Reportedly Quit over Kilmar Abrego Garcia Case to Testify for Accused Human Smuggler

Tom Pappert
Ben Schrader, Kilmar Abrego Garcia

The U.S. Department of Justice (DOJ) revealed in a Wednesday legal filing that it anticipates Kilmar Abrego Garcia to call Ben Schrader, who reportedly quit his job as a prosecutor over objections to the human smuggling case against the citizen of El Salvador, as a witness at an upcoming evidentiary hearing where Abrego Garcia will seek to find evidence proving the government is engaged in vindictive prosecution. 

Acting U.S. Attorney Robert McGuire announced that the DOJ anticipates Abrego Garcia to call Schrader as a witness in a filing opposing new requests for discovery by Abrego Garcia, who the prosecutor said has demanded additional information about Schrader’s departure after Obama-appointed U.S. District Court Judge Waverly Crenshaw granted the defendant’s request for discovery.

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Far-Left Legal Groups Help Shelby County File Lawsuit Against Tennessee over National Guard Deployment in Memphis

Zachery Schmidt
Tennessee National Guard

Three far-left legal groups assisted Tennessee Democrats in filing a lawsuit aimed at halting the National Guard deployment in Memphis.

On Monday, Davidson County Chancellor Patricia Head Moskal denied the Democrats’ request for a temporary restraining order; however, she scheduled a court date for November 3 to determine the temporary injunction order in the lawsuit.

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‘Propaganda-Palooza:’ Leahy, Pappert Blast CBS’ 60 Minutes Segment Featuring Fired DOJ Attorney Erez Reuveni

Kaitlin Housler
Tom Pappert

The Tennessee Star’s CEO and Editor-in-Chief Michael Patrick Leahy and Lead Reporter Tom Pappert strongly condemned CBS’ “60 Minutes” segment featuring fired Department of Justice (DOJ) attorney Erez Reuveni, calling it a “propaganda palooza” piece which distorted of the facts surrounding Reuveni’s firing and the Kilmar Abrego Garcia case.

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Kilmar Abrego Garcia Asks to Poll Potential Jurors for Views on Illegal Immigrants, News Sources

Tom Pappert
Kilmar Abrego Garcia

Criminal defense attorneys representing Kilmar Abrego Garica on Friday submitted their recommended questionnaire for the potential jurors who may decide their client’s face at his trial in January 2026, revealing they seek to poll jurors about their views on illegal immigration, social media use, and news consumption habits. 

The proposed jury questionnaire submitted by the alleged human smuggler on Friday contains three questions about media consumption and social media use, beginning by quizzing potential jurors about what news publications, whether online or in print, they read regularly to receive daily news. 

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Prosecutor Wants Court to Seal Letter Detailing Reports of ‘Cooperating Defendant’ as Abrego Garcia Seeks to Strike 2022 Traffic Stop Video

Tom Pappert
Kilmar Abrego Garcia

The U.S. Department of Justice (DOJ) on Wednesday asked District Court Judge Waverly Crenshaw, an appointee of former President Barack Obama, to maintain his court’s seal on a September letter from Acting U.S. Attorney Robert E. McGuire to the criminal defense attorneys representing Kilmar Abrego Garcia, as prosecutors said it holds information about cooperating witnesses whose identities are protected.

McGuire’s submission to the court on Thursday said the DOJ would not object to the release of the body-worn camera video from the November 30, 2022 traffic stop stop of Abrego Garcia by Tennessee Highway Patrol (THP), nor would it object to the unsealing of a March report by Homeland Security Investigations (HSI) about Abrego Garcia, but did assert that the September letter should remain sealed.

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Immigration Lawyer for Kilmar Abrego Garcia Slams DHS for Lack of Plan to Deport Client to Costa Rica, Admits ‘He’s Going to be Removed’

Tom Pappert
Simon Sandoval-Moshenberg, Kilmar Abrego Garcoa

One of the Maryland immigration attorneys representing Kilmar Abrego Garcia in his civil lawsuit against the Trump administration on Friday slammed the U.S. Department of Homeland Security (DHS) after its witness, who was ordered to appear on short notice by Obama-appointed U.S. District Court Judge Paula Xinis, provided no new information about what steps were being taken to deport his client to Costa Rica.

Abrego Garcia first designated Costa Rica as his preferred destination for removal earlier this year, when the U.S. Department of Justice (DOJ) and State Department obtained diplomatic assurances from the Central American nation as part of a plea deal that Abrego Garcia later declined. 

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DOJ Offers Abrego Garcia Letter from Attorney Who Allegedly Quit in Protest, but Says Desired ‘Vindictive Prosecution’ Evidence Does Not Exist

Tom Pappert
Garcia traffic stop

Assistant U.S. Attorney Robert E. McGuire told the court in a status update submitted on Thursday that the Department of Justice (DOJ) is willing to meet several of the discovery requests by Kilmar Abrego Garcia, but wrote in the filing, submitted one day before the Friday hearing set to determine terms of discovery ahead of an upcoming evidentiary hearing, that there is no such communication from the Department of Homeland Security (DHS), or other any other federal agency, which would demonstrate his claims of vindictive prosecution.

According to McGuire, much of the materials Abrego Garcia requested were already sent, including the investigative reports which led the DOJ to seek charges against Abrego Garcia. The prosecutor argued that other materials should remain privileged, including the communications between McGuire’s office and the DOJ, DHS, and U.S. State Department.

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Federal Judge Orders DOJ to Work on Kilmar Abrego Garcia Lawsuits Despite Government Shutdown

Tom Pappert
KAG

A federal judge on Monday ordered the U.S. Department of Justice (DOJ) attorneys representing the Department of Homeland Security (DHS) in the lawsuit brought by Kilmar Abrego Garcia during the government shutdown, despite the attorneys telling the court that their continued work on the case would be illegal without funding. 

Obama-appointed U.S. District Court Judge Paula Xinis on Monday declined prosecutors’ requests to stay future deadlines, and instead ordered the DOJ to produce witnesses capable of explaining what steps, if any, the government has taken to deport Abrego Garcia to Eswatini, the landlocked African nation, for an evidentiary hearing on Friday.

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Federal Judge Orders DOJ to Answer Vindictive Prosecution Claim by Abrego Garcia, Floats Fox News Interview as Evidence of Flawed Case

Tom Pappert
Kilmar Abrego Garcia

U.S. District Court Judge Waverly Crenshaw on Friday granted Kilmar Abrego Garcia discovery and an evidentiary hearing in the alleged human smuggler’s bid to prove the Department of Justice (DOJ) case against him is vindictive, with the Obama-appointed judge citing June remarks by Assistant Attorney General Todd Blanche as potential evidence supporting Abrego Garcia’s claim.

In the judge’s Friday memorandum, which notified Abrego Garcia and federal prosecutors of his order calling a Friday status conference to determine the terms of discovery and a forthcoming evidentiary hearing, Crenshaw specifically referenced Blanche’s statements about the genesis of the case against Abrego Garcia from a June interview.

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Abrego Garcia Renews Push for Release After Judge Refuses to Reopen Case, Government Shutdown May Stall Court Deadlines

Tom Pappert
Kilmar Abrego Garcia

In legal filings submitted on Thursday through his immigration attorneys, Kilmar Abrego Garcia urged Obama-appointed U.S. District Court Judge Paula Xinis to grant his release from Immigration and Customs Enforcement (ICE) custody after his latest legal setbacks. 

The first of two filings responds to the U.S. Department of Justice (DOJ) attorneys’ request to stay all deadlines in the case due to the government shutdown, which they wrote made it illegal for them to continue working on the case, with Abrego Garcia’s attorneys arguing the lapse in government funding, “cannot suspend habeas corpus proceedings.”

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Judge Refuses to Reopen Abrego Garcia Immigration Case as Government Shutdown Freezes Civil Lawsuit Seeking Block of Deportation

Tom Pappert
Kilmar Abrego Garcia

A federal immigration judge on Wednesday declined the request by Kilmar Abrego Garcia to reopen his immigration case, based partially on claims that his March deportation and his June return to face federal human smuggling charges materially changed his immigration status. On the same day, the U.S. Department of Justice (DOJ) informed the court that the federal government shutdown would prevent its lawyers from proceeding with work on the civil lawsuit seeking to block the immigration authorities from deporting Abrego Garcia to Eswatini, the landlocked African nation.

Immigration Judge Philip P. Taylor, who was appointed during the first Trump administration, reportedly found “insufficient evidence” to reopen the case, including a lack of evidence suggesting the Trump administration sought to deport him to Uganda. 

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Commentary: Trump Is the Most Successful President in the Courts in Generations

RealClearWire
trump courtroom

As the United States Supreme Court gears up to begin its next term, it’s important to remember that President Trump is on a winning streak the likes of which we haven’t seen in generations.

In fact, while the legacy media idolize rogue judges who throw up roadblocks to President Trump’s agenda at every turn and amplify perceived losses, what they don’t want you to realize is that when the dust settles, Trump wins most of the time on the ultimate decision.

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Federal Judge Orders DOJ Response as Abrego Garcia Seeks Gag Order for Kristi Noem, Pam Bondi on Human Smuggling Case

Tom Pappert
Judge Crenshaw

U.S. District Court Judge Waverly Crenshaw, the Obama-appointed judge overseeing the federal human smuggling case against Kilmar Abrego Garcia, last week ordered the Department of Justice (DOJ) and Abrego Garcia’s attorneys to submit updates on their handling of his July order prohibiting counsel from making extrajudicial statements about the defendant without acknowledging that he is innocent until proven guilty.

Those reports must be submitted to the court by Friday, but Crenshaw additionally said the prosecutors must respond to the August request by Abrego Garcia’s attorneys to issue an order prohibiting U.S. Department of Homeland Security (DHS) Secretary Kristi Noem and Attorney General Pam Bondi from making extrajudicial comments about Abrego Garcia by October 10. 

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Immigration Lawyers for Abrego Garcia Say Illegal Immigrant Ready for ‘Immediate’ Removal to Costa Rica

Tom Pappert
KAG Costa Rica

The immigration attorneys who filed both lawsuits against the federal government by Kilmar Abrego Garcia, the citizen of El Salvador charged with human smuggling, said in a Tuesday response to a filing by government attorneys that their client is ready for an “immediate” removal to Costa Rica, if the government consents to send him to the Central American nation. 

Abrego Garcia’s attorneys stated their client’s willingness to be deported to Costa Rica while reasserting their claim that federal immigration authorities have violated the law by attempting to deport their client to nations other than Costa Rica, where Abrego Garcia has twice identified as his preferred country for removal, despite also claiming he fears persecution or torture if deported there. 

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The Tennessee Star’s Coverage of Covenant Killer, Kilmar Abrego Garcia Nominated for 2025 Dao Prize for Excellence in Investigative Journalism

Kaitlin Housler
Audrey Elizabeth Hale

The Young America’s Foundation’s (YAF) National Journalism Center and the Dao Feng and Angela Foundation have unveiled the finalists for the 2025 Dao Prize for Excellence in Investigative Journalism, with The Tennessee Star securing two spots in the Best Local Journalism category.

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New York Times Fails to Accurately Report Facts in Federal Human Smuggling Case Against Abrego Garcia

Tom Pappert
NYT building

Sunday reporting from the New York Times failed to accurately state the facts behind the federal charges accusing Kilmar Abrego Garcia of working in a human smuggling ring for nearly a decade, as the newspaper incorrectly stated the year Abrego Garcia was stopped by Tennessee Highway Patrol (THP), as well as the number of Hispanic male passengers he was allegedly smuggling. 

An archive showing the first version of its Sunday article reporting the transfer of Abrego Garcia from federal facilities in Virginia to Pennsylvania initially claimed that Abrego Garcia was stopped by THP in 2019.

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DHS Moves Kilmar Abrego Garcia to Pennsylvania, Sparks New Complaints from Criminal Defense Attorneys

Tom Pappert
Kilmar Abrego Garcia

The criminal defense attorneys representing Kilmar Abrego Garcia in his federal human smuggling case last Friday submitted a court filing announcing that, earlier that day, the U.S. Department of Homeland Security (DHS) moved their client to the Moshannon Valley Processing Center in Philipsburg, Pennsylvania, following their complaints about the difficulty reaching Abrego Garcia at a detention facility in Farmville, Virginia.

Despite being geographically closer to his attorneys at the New York-based law firm, Hecker Fink, the new filing claims that the U.S. Immigration and Customs Enforcement (ICE) facility in Pennsylvania may be more difficult for the legal team to access than the Virginia detention center.

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Court Considers Ex-DOJ Prosecutor Who Reportedly Quit over Abrego Garcia Charges as Candidate for Magistrate Judge

Tom Pappert
Ben Schrader

A source told The Tennessee Star on Friday that Ben Schrader, the former U.S. Department of Justice (DOJ) prosecutor who reportedly resigned over his opposition to the federal human smuggling case brought against Kilmar Abrego Garcia, is among the candidates under consideration for a magistrate judge position by the U.S. District Court for the Middle District of Tennessee. 

Schrader’s interest in a magistrate judge position comes following the announcement earlier this year that Magistrate Judge Alistair Newbern will retire on January 2, 2026, prompting the court to issue a call for applications in July. 

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DOJ Asks Judge to Delay Hearing for Abrego Garcia Lawsuit Until New Immigration Case Resolved

Tom Pappert
Kilmar Abrego Garcia

The U.S. Department of Justice (DOJ) on Friday asked Obama-appointed District Court Judge Paula Xinis to delay her October 6 hearing for the latest lawsuit filed by Kilmar Abrego Garcia against the Trump administration, which sought to delay the government’s previous effort to deport him to Uganda. 

Noting that Abrego Garcia recently asked for Xinis to grant discovery against the Trump administration to determine how it selected Uganda, despite the government now seeking his removal to Eswatini, a landlocked African nation, and citing their earlier admonitions that many Abrego Garcia’s claims should be adjudicated in immigration and appellate courts, the DOJ attorneys asked Xinis to delay the hearing until at least two weeks after his immigration disputes conclude. 

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DOJ Accuses ‘Unserious’ Abrego Garcia of ‘Gamesmanship’ After Costa Rica Named ‘Preferred’ Destination Despite Fear of ‘Persecution and Torture’

Tom Pappert
Kilmar Abrego Garcia

A new filing by the U.S. Department of Justice (DOJ), made public on Tuesday, accuses the immigration attorneys representing Kilmar Abrego Garcia of being “unserious” and engaging in “gamesmanship” as they make new requests of Obama-appointed U.S. District Court Judge Paula Xinis in their bid to keep the alleged human smuggler from being deported to Eswatini. 

The filing was submitted after Abrego Garcia’s attorneys have made additional requests ahead of the October 6 hearing, namely for the judge to order limited discovery in order for the immigration attorneys to understand how Uganda, then the landlocked African nation, Eswatini, were selected by the Trump administration.

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Abrego Garcia Attorneys Say Former Federal Prosecutor Resigned over Indictment of Alleged Human Smuggler

Tom Pappert
Ben Schrader

The defense attorneys representing Kilmar Abrego Garcia in his federal human smuggling case on Monday seemed to say in a Monday court filing that Ben Schrader, the former U.S. Department of Justice (DOJ) Chief of the Criminal Division for the Middle District of Tennessee, resigned because he considered the federal indictment of Abrego Garcia to be “vindictive.” 

In a filing which reiterated Abrego Garcia’s request for his case to be dropped due alleged vindictive prosecution, the attorneys claimed that Acting U.S. Attorney Robert E. McGuire, “turns a blind eye to the motivations” behind Abrego Garcia’s case.

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Prosecutors Include Jailhouse Tapes as Evidence in Human Smuggling Case Against Kilmar Abrego Garcia

Tom Pappert
Kilmar Abrego Garcia

The defense attorneys representing Kilmar Abrego Garcia last Friday submitted a filing which revealed federal prosecutors in Tennessee have submitted about 150 hours of recorded jailhouse phone conversations as evidence to be used against the citizen of El Salvador in his federal human smuggling case. 

His attorneys revealed the existence of the recordings in a status update submitted to U.S. District Court Judge Waverly Crenshaw, the appointee of former President Barack Obama who is overseeing the criminal case against Abrego Garcia.

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Abrego Garcia Wants Trump Admin to Clarify if Uganda, Eswatini Made Deportation Promises Similar to Costa Rica

Tom Pappert
Kilmar Abrego Garcia

The Maryland immigration attorneys representing Kilmar Abrego Garcia last Thursday asked for discovery against the Trump administration in its ongoing lawsuit over the attempts by federal authorities to deport the alleged human smuggler ahead of the October 6 hearing before U.S. District Court Judge Paula Xinis.

During that hearing, attorneys wrote that they will seek to determine whether the Trump administration’s efforts to deport Abrego Garcia to Uganda and Eswatini, the landlocked African country where it most recently said it would remove him  federal laws which state that illegal immigrants should be deported to a nation willing to accept them.

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