May 30, 2026
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11:58Now PlayingAttorneys Brian Kabateck and Shant Karnikian break down the 32-page ruling by Judge Waverly Crenshaw dismissing all charges against Kilmar Abrego Garcia with prejudice. The opinion opens with a 1940 warning from Attorney General Robert Jackson about prosecutors who "pick people that he thinks should get, rather than pick cases that need to be prosecuted." Then Crenshaw delivers the verdict: "The evidence before this court sadly reflects an abuse of prosecuting power." The timeline tells the story. Abrego Garcia was wrongfully deported to El Salvador's CECOT mega-prison despite a 2019 court order barring his removal. He sued, won at the district court, the Fourth Circuit, and unanimously at the Supreme Court. The government was ordered to bring him back. When he returned, instead of acknowledging the error, the DOJ dusted off an uncharged 2022 traffic stop and indicted him for human smuggling. Judge Crenshaw found the government only reopened the investigation after Abrego Garcia won his deportation case. The supposedly independent local prosecutor admitted Todd Blanche called to congratulate him on the indictment. The government's rebuttal failed on every point. Crenshaw dismissed with prejudice, meaning the charges can never be refiled. Brian and Shant emphasize: this isn't an innocence finding. It's the court saying the government so thoroughly corrupted the process that it forfeited its right to prosecute.
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