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Defense Seeks Dismissal in Abrego Garcia Case, Citing DOJ Stonewalling

Prosecutors signal they could seek emergency appellate relief if the court compels senior DOJ testimony.

Overview

  • Defense lawyers asked U.S. District Judge Waverly Crenshaw to cancel next week’s evidentiary hearing and dismiss the indictment, arguing the government withheld discovery and blocked key witnesses.
  • Judge Crenshaw previously found a realistic likelihood of vindictive prosecution and ordered rare discovery with a two-day hearing to let the government rebut the claim.
  • Subpoenas target senior Justice Department officials, including Deputy Attorney General Todd Blanche, as the government moves to quash those demands for testimony.
  • Federal prosecutors told the court they may pursue immediate appellate relief, including mandamus, if senior officials are compelled to testify.
  • A separate order by Judge Paula Xinis keeps Abrego Garcia in the U.S. for now as the government explores third-country removal options, including Liberia, while the Tennessee charges stem from a 2022 traffic stop and a trial is slated for early next year if the case proceeds.