The prosecutor earlier tried to say that because he personally did not start on the case until after Mr. Abrego-Garcia was here state-side, it could not have been "vindictive". Poppycock. He's admitted that the DAG is closely supervising his every move, and several agents have openly said the Tennessee felony case was only brought once the courts in Maryland said Abrego's kidnapping was not. . . cricket.
Perhaps most tellingly, this esteemed prosecutor (and Vandy Law Professor, at right) resigned, rather than let Noem's politics infect the charging decisions / indictment process. Here's a bit of an eight page banger just filed before USDC Judge Crenshaw, in Music City, on it all:
. . .The Executive Branch cannot whitewash a vindictive and selective prosecution by running it through a prosecutor who turns a blind eye to the motivations that launched it. And this is hardly the only time the President has sought to use DOJ to get revenge: The U.S. Attorney in the Eastern District of Virginia was forced from office for not vindictively charging New York Attorney General Letitia James.
In our case, the Chief of the Criminal Division resigned rather than bring this vindictive prosecution himself. That Mr. McGuire professes to believe that this case is a righteous one, while claiming ignorance of its origins, is no answer to our motion. It’s a dodge.
In the government’s telling, this case started on April 27, 2025, when HSI Nashville presented the case to Mr. McGuire. (Dkt. 121-1 ¶ 4). That ignores weeks of retributive government conduct punishing Mr. Abrego for challenging his unlawful deportation: officials’ statements that he is a “gangbanger,” “monster,” “predator,” “terrorist,” and “wife beater”; an Oval Office Abbott and Costello routine about how neither President Trump nor President Bukele nor Attorney General Bondi -- Mr. McGuire’s ultimate boss -- had the power to return him; and the ultimate decision, made by officials senior to Mr. McGuire before the case was presented to him, to gin up an investigation and prosecution. (Dkt. 105 at 8-12). On the facts, the government’s perspective is conveniently tunnel visioned. On the law, what Mr. McGuire may believe is irrelevant. Despite the government’s many distractions, Mr. Abrego has presented clear, unrebutted evidence of vindictiveness warranting dismissal or, at a minimum, discovery and a hearing. . . .
And, big weather is forecast for Middle Tennessee essentially all week -- stay safe and dry, one and all -- until the next (mid-October) hearing. Smile, indeed. . . .
नमस्ते
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