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The Tennessee Conservative [By Olivia Lupia] –
In the newest development in the Kilmar Abrego Garcia case, Nashville Judge Waverly Crenshaw abruptly canceled an evidentiary hearing regarding claims by the defense attorneys alleging vindictive prosecution by the U.S. Government, instead rescheduling a sealed hearing for later this week.
Abrego Garcia is an illegal alien from El Salvador who is a suspected MS-13 gang member and was indicted in Tennessee on human smuggling charges.
His lawyers have been arguing for months to have the human smuggling charges dismissed, alleging they were brought by the U.S. Government in retaliation for Garcia’s lawsuit against ICE challenging his deportation and brief stay in the Salvadoran CECOT prison.
Federal prosecutors have maintained any allegations of vindictive prosecution are false, saying they determined the defendant had committed a “serious crime that could be proved beyond a reasonable doubt.”
In an unusual scenario, federal prosecutors and the Department of Homeland Security have also appeared at odds throughout the legal battle, with ICE attempting to deport Garcia as quickly as possible while the government has argued for him to remain in custody through his trial which is not scheduled to begin until sometime in 2026.
In a very brief order last Friday, Judge Crenshaw cancelled the evidentiary hearing originally scheduled for Dec. 8 and 9, pending further orders from the court and did not offer any justifications for his decision. The cancellation comes as attorneys continue to dispute whether certain evidence will be allowed at trial.
Prosecutors have informed the court they intent to introduce evidence of allegations that Garcia exchanged inappropriate messages with a minor while his defense team argues the evidence is unrelated to the human smuggling charges and could unfairly prejudice jurors.
Crenshaw’s second order on Monday, Dec. 8 then declared the court will hold a sealed “ex parte” hearing on Wednesday, Dec. 10, meaning only one party will be present. An ex parte hearing is usually intended to prevent “irreparable harm”, with the party requesting the hearing required to convince a judge that a genuine emergency exists and that notifying the other party could trigger the damage the hearing is designed to prevent.
Generally, courts are cautious with these types of hearings as they temporarily bypass the other party’s due process rights to receive notice and be heard, so the party seeking the order must present evidence that clear and convincing proof that immediate court intervention is the only way to protect a person or asset from “imminent danger”. Frequent uses of ex parte hearings include obtaining Temporary Restraining Orders in domestic violence cases or emergency child custody orders.
While the order did not specifically mention which party will be present at the hearing, it seems a reasonable conclusion to assume it will be Abrego Garcia’s team, which continues to push for his release from immigration custody in Virginia and for all charges against him to be dropped as he faces the “imminent danger” of deportation to a third country should ICE succeed in their efforts.
The court has not yet ruled on what evidence will be admissible, and it will likely be discussed at Wednesday’s hearing.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
