NASHVILLE, Tenn. (WTVF) — A federal judge in Nashville is examining whether the Department of Justice pursued vindictive prosecution against Kilmar Abrego Garcia, charging him with human smuggling nearly three years after a traffic stop, in what Abrego Garcia's attorneys argue was retaliation for his victory in his deportation case.
Newly unsealed court documents reveal that high-level DOJ officials may have driven the decision to prosecute Abrego Garcia, contradicting previous claims that only local Nashville prosecutors made the charging decision.
The federal judge will determine whether the prosecution represents retaliation for Abrego Garcia's court victory over his wrongful deportation. On Tuesday, the judge unsealed an order from earlier this month demanding the DOJ turn over emails and records showing Justice Department officials at the highest levels were involved in the charging decision, not just local prosecutors.
The judge has already reviewed those documents and says they show top DOJ officials called the prosecution a "top priority" within days of Abrego Garcia's deportation victory.
Administration officials describe the DOJ involvement as "appropriate oversight."
A hearing is scheduled for late next month, which could result in charges against Abrego Garcia being dropped entirely.
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