The Government's Response, In Nashville -- To Mr. Abrego Garcia's Charge Of Selective And Retaliatory Prosecution... Is Notable Primarily For What It Fails To Say...

Well. . . I will link but not quote. . . both the prosecutor's six page sworn statement -- and the 35 page response to motion. . . from the Noemites.

Each recites a long and winding (more or less irrelevant) narrative -- as neither of them actually grapples with the gravamen of the motion to dismiss (for selective prosecution). Specifically, while it may be true that Mr. Mcguire didn't start work on this "case" until April 27, 2025 -- that simply ignores that the federales brought it to him, pre-packaged -- after the Supremes had told Noem that she had egregiously violated Abrego's due process rights. It is no answer to say (as a paper-shuffling functionary) "I did not chase him". . . when the rest of the federal government (under Noem / Miller / Tangerine 2.0). . . did.

That is, the government utterly neglects to compare Abrego Garcia's case. . . to any other, being brought in Tennessee, putatively on a three year old, only minutes-long highway traffic stop -- where no tickets were issued, and which was dismissed by Tennessee state police, the same night it occurred.

Yet somehow, in mid-2025, this (and only this one local, rural Tennessee traffic stop!) became a federal felony, under Kristi Noem. Apparently, not one other case in Tennessee. . . has ever even remotely approached this level of vindictive prosecution, in an immigration matter -- by the prosecutors' own admission.

If this had been a run of the mill, regular immigration / gang crimes unit indictment -- the Noemites would have attached a list of dozens of largely identical cases, where -- on similar factual predicates -- it had brought the same sort of charges. It does not -- because Noem. . . cannot.

Nope, she clearly went after him (with extreme prejudice), when the world found out she had just kidnapped him from Maryland, and dumped him in a torture prison -- without ANY process -- in early Spring of 2025. That is what the law of classic selective prosecution is all about: ending these abuses.

Abrego's lawyers should win on this clearly meritorious motion. Out.

नमस्ते