Obama judge uses ‘vindictive’ ruling to release alleged MS-13 human trafficker

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Podcast host Ben Ferguson critiques the Democratic Party's alignment with the protesters' demands. NEWYou can now listen to Fox News articles! Federal District Court Judge Waverly Crenshaw Jr. (not surprisingly an Obama appointee) has dismissed the criminal indictment of the Democrats’ favorite father-of-the-year, Kilmar Armando Abrego Garcia. So, an illegal alien accused by a federal grand jury in Tennessee of being involved for almost a decade in organized human trafficking and weapons and narcotics smuggling, including transporting MS-13 gang members into the heart of America, has received a get-out-of-jail-free card from this federal judge.  Crenshaw claims that the Justice Department and Acting Attorney General Todd Blanche have not rebutted claims that they engaged in a "vindictive" prosecution of Garcia as revenge for the federal courts ordering Garcia, an illegal alien, to be returned to the U.S. after he was deported to El Salvador.But in a 32-page order in which Crenshaw goes into excruciating detail over the procedural process that occurred inside DOJ and Homeland Security over the investigation and prosecution, he has only two sentences about the criminal indictment of Garcia and the hideous, dangerous crimes Garcia is accused of committing. Before pointing out the logical fallacies in Crenshaw’s opinion, the public – and Garcia’s supporters like Maryland Democrat Sen. Chris Van Hollen – should be reminded of the details of what the grand jury concluded a year ago. MIKE DAVIS: KILMAR ABREGO GARCIA, THE DEMOCRATS' PATRON SAINT OF HUMAN TRAFFICK Kilmar Abrego Garcia waits to enter the Immigration and Customs Enforcement office in Baltimore on Dec. 12, 2025, for a mandatory check after his release from detention under a judge's order. (Stephanie Scarbrough/AP Photo) Garcia was, according to the indictment, a member of MS-13, one of the most dangerous and brutal criminal gangs in the world. He was accused of conspiring with six others to "transport and move aliens" illegally into and throughout the country starting in 2016, including "MS-13 members and associates."Garcia’s job, allegedly, was to pick up illegal aliens and gang members in Houston and move them to Maryland, and that is apparently what he was doing when he was stopped by the Tennessee State Patrol in 2022 driving a Chevy Suburban full of illegal aliens and owned by a convicted human trafficker. It was that stop that eventually led to uncovering how Garcia was making a living.KILMAR ABREGO GARCIA INDICTED ON HUMAN TRAFFICKING CHARGES, ORDERED TO APPEAR BEFORE JUDGE IN NASHVILLE The indictment accused him of making at least 100 trips over a decade, transporting six to 10 aliens per trip. Oh, and by the way, he also "occasionally and simultaneously transported firearms illegally purchased in Texas" as well as narcotics "for distribution and resale in Maryland." Video In order to maximize profits, the indictment says, the conspirators reconfigured the vehicles they were driving with aftermarket, unattached seating rows, and forced the children they were smuggling to sit or lie on the floorboards, obviously risking all of their lives in potential traffic accidents. One of the witnesses against Garcia told the grand jury he had to warn Garcia against abusing some of the female aliens because it was "bad for business."Crenshaw claims that the government’s "vindictiveness" is demonstrated by two facts:DOJ SIGNALS IT WOULD RATHER DEPORT ABREGO GARCIA THAN PROSECUTE HIMThe investigation into Garcia’s criminal activities triggered by the traffic stop was closed by Homeland Security in April 2025 when Garcia was deported, with the agent in charge saying the government "had accomplished all goals for this case," andThe criminal case was not reopened until the federal courts forced the government to bring Garcia back into the United States.Garcia was, according to the indictment, a member of MS-13, one of the most dangerous and brutal criminal gangs in the world.  It is hard to understand Crenshaw’s logic, or I should say illogic. The legal standard the judge cites based on other precedents is whether the prosecution "would not have been initiated but for vindictiveness." The judge then claims that there is no explanation for "the Government’s change in position to remove Abrego and not prosecute him to then prosecute and not remove him." That is the judge’s basis for accusing the government of failing to "rebut the presumption of vindictiveness" in the prosecution.But it seems rather obvious that there was no reason to continue with a criminal investigation and prosecution when the target had been successfully removed from the country and was, therefore, no longer a danger to the public and obviously, if the grand jury accusations are correct, no longer in a position to smuggle humans, weapons and drugs in the country.But once he was back in the U.S., Garcia again became a potential danger and, given the judicial objections to his removal on immigration-related charges, his alleged criminal activities and participation in trafficking made prosecuting him in the best interests of the public. CLICK HERE FOR MORE FOX NEWS OPINION The fact that, according to the judge, Blanche said the government reopened its criminal investigation after a Maryland judge "questioned" the deportation seems irrelevant to the legitimacy of the criminal charges against Garcia. Crenshaw claims otherwise, saying that Blanche’s "remarkable statements" establish that the "criminal charges stem from [Garcia’s] exercise of his constitutional and statutory rights." Supporters gather at a sunrise vigil in Baltimore, Md., to show their support for Kilmar Abrego Garcia, the Salvadorian migrant who was arrested by ICE again ahead of plans to re-deport him, this time to a third country, such as Uganda. (Breanne Deppisch/Fox News Digital)No, they don’t. The criminal charges stem from multiple witnesses before a federal grand jury testifying that Garcia was a member of MS-13 who conspired to bring "undocumented aliens to the United States from countries such as Guatemala, El Salvador, Honduras, Ecuador, and elsewhere," in addition to smuggling guns and drugs. CLICK HERE TO DOWNLOAD THE FOX NEWS APPWhat would have been an unforgivable dereliction of their sworn duty to protect the public would have been if, once the courts said Garcia had to be repatriated, federal prosecutors failed to reopen their investigation and proceed to prosecute him for what he was doing.  The government has said it intends to appeal the dismissal of the criminal indictment. Given the reprehensible misconduct outlined by the grand jury, that is exactly what should happen. CLICK HERE TO READ MORE FROM HANS VON SPAKOVSKY Hans von Spakovsky is a senior legal fellow in the Edwin Meese III Institute for the Rule of Law at Advancing American Freedom and former counsel to the assistant attorney general for Civil Rights at the U.S. Department of Justice. Related Topics OpinionMS-13Migrant CrimeIllegal ImmigrantsDeportationOrganized Crime Best of Opinion Get the recap of top opinion commentary and original content throughout the week. Arrives Twice a week By entering your email and clicking the Subscribe button, you agree to the Fox News Privacy Policy and Terms of Use , and agree to receive content and promotional communications from Fox News. You understand that you can opt-out at any time. Subscribe Subscribed Subscribe You've successfully subscribed to this newsletter! 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