Birdnow's Aviary

May 24, 2026

Dem Judge Dismisses Charges Against Abego Garcia

Timothy Birdnow

The legal reasoning employed by this Democrat judge would have made the indictment of Al Capone illegal.

Federal Judge Dismisses Criminal Charges Against Kilmar Abrego Garcia

Capone, you may remember, did not go to prison for any of his crimes but for tax evasion. It was a "malicious prosecution" as this judge would see it, because there was animus at Capone for slipping through the fingers of justice so long.

At the time nobody cared; Capone was a known murderer and criminal mastermind everyone knew the tax evasion charge was a pretext. As Capone had no traceable income they couldn't prove he evaded taxes.

This judge argues that Garcia was being maliciously prosecuted and that was grounds for dismissal:

It (the indictment) alleged that Abrego and his co-conspirators obtained financial payments from the undocumented individuals for unlawfully transporting them into and around the United States.

The indictment also alleged Abrego was "a member and associate of the transnational criminal organization ... [known as] MS-13,” which it describes as "a criminal enterprise engaged in ... acts and threats involving murder, extortion, narcotics trafficking, firearms trafficking, alien smuggling, and money laundering.”

Abrego "used his status in MS-13 to further his criminal activity” over the life of the criminal conspiracy during which he and co-conspirators "knowingly and unlawfully transported thousands of undocumented aliens ... many of whom were MS-13 members and associates,” according to the indictment.

Yet none of the evidence was heard by the judge. Why?:

U.S. District Judge Waverly Crenshaw Jr. granted Abrego Garcia’s motion to dismiss, saying "the objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution.”

Within days after the Supreme Court ordered the Trump administration to facilitate the return of Abrego from El Salvador, the U.S. Department of Homeland Security (DHS) reopened the closed investigation of a Nov. 30, 2022, traffic stop of Abrego in Tennessee. Less than a month after that, the U.S. Department of Justice (DOJ) charged Abrego and brought him back to the United States to answer the indictment, the judge said.

Senior DOJ official Todd Blanche, who is now acting U.S. attorney general, had made public statements indicating that the federal government started investigating Abrego after a judge in Maryland questioned the government’s decision to deport him. The court previously held that Blanche’s "remarkable statements could directly establish that the motivations for Abrego’s criminal charges stem from his exercise of his constitutional and statutory rights,” and that Blanche directly tied the investigation "to Abrego’s Maryland suit,” Crenshaw said.

The reopening of the concluded investigation "is the source of the vindictiveness,” he said.

Quoting a prior legal precedent, the judge said a prosecutor’s "exercise of coercive power must be impartial ... evenhanded, [and] applied without favoritism or bias.”S.

OF COURSE they began investigating Garcia after a judge ordered his return to the U.S. They had ended the investigation because the guy was no longer under American jurisdiction, you idiot!

When they realized he was going to be our problem again they acted in a responsible matter, trying to take this scumbag off our streets. That is not vindictiveness. But even if it is, so what? The man is an ILLEGAL ALIEN and doesn't enjoy the same rights and privileges as a lawful resident. He should have been immediately deported with no question or interference by a court in the first place.

This shows just how much damage Obama and Biden have done to our judiciary, how they filled the courts with activist judges who make their own laws as they please.

So now this MS-13 dirtbag (who was caught trafficking people and we have a tape of it) is now going to be walking free on American streets. He is untouchable.

Hopefully a higher court will overrule this idiot of a judge. But we can't count on it.

Posted by: Timothy Birdnow at 10:35 AM | No Comments | Add Comment
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