Overview
- U.S. District Judge Waverly Crenshaw’s Dec. 3 order, unsealed Dec. 30, cites internal emails in which an ODAG official called the case a “top priority” weeks after Abrego Garcia’s wrongful deportation.
- The judge said the records suggest the acting U.S. attorney in Nashville was not the sole decision-maker and that DOJ leadership in Washington was involved in the charging process.
- Crenshaw found a reasonable likelihood of vindictive prosecution in October and ordered a subset of internal DOJ documents disclosed to the defense over privilege objections.
- The criminal trial has been postponed, and the court will take evidence in Nashville on Jan. 28 to test the government’s explanation, with dismissal possible if it fails to rebut the finding.
- Immigration authorities told a court they do not plan to re-detain Abrego Garcia while a bar on detention remains in effect; he was indicted May 21 on smuggling charges tied to a 2022 Tennessee stop and has pleaded not guilty.