Image Credit: Nashville School of Law, @WhiteHouse / X & Lee Roberts / X
The Tennessee Conservative [By Olivia Lupia] –
Nashville Judge Waverly Crenshaw cancelled the January human smuggling trial for illegal alien Kilmar Abrego Garcia, instead scheduling a hearing to determine if the U.S. Government is pursuing the case vindictively.
Abrego Garcia’s attorneys have been pushing to have the case dismissed for months, claiming the government brought the human smuggling charges in retaliation for Abrego’s lawsuit against the U.S. after he was deported to El Salvador’s CECOT prison.
Meanwhile, federal prosecutors have maintained that no “ill will actually motivated the prosecution team”, but instead “a desire to hold human smugglers accountable for their serious criminal conduct.”
In early December, Judge Crenshsaw abruptly cancelled an evidentiary hearing regarding the vindictive prosecution claims by Abrego Garcia’s defense team and instead presided over a sealed hearing with only one party present, offering no justification for his decision.
Prosecutors had reportedly planned to introduce evidence of allegations that Garcia exchanged inappropriate messages with a minor while the defense was going argue against the evidence, claiming it was unrelated to the human smuggling charges and could unfairly prejudice jurors.
A few days later, a federal judge in Maryland ordered Abrego Garcia’s release from immigration custody while awaiting his trial.
Then, just days before the new year, Crenshaw issued the order cancelling the human smuggling trial which was set to begin in Nashville on Jan. 27, 2026, in favor of another evidentiary hearing.
In his order, Judge Crenshaw wrote that he believed enough evidence of vindictive prosecution had already been presented to establish “a prima facie showing of vindictiveness”, in which “a presumption arises in the defendant’s favor.”
“The Court has already found that Abrego has made such a showing, entitling him to discovery and an evidentiary hearing on why the government is prosecuting him. Given this, the burden has shifted to the government to ‘rebut the presumption with objective, on-the-record explanations’ for charging Abrego, such as governmental discovery of previously unknown evidence or previous legal impossibility,” he wrote.
“Whether the government can produce such evidence is critical, for ‘if the government fails to present evidence sufficient to rebut the presumption, the presumption stands and the court must find that the prosecutor acted vindictively’, leading to dismissal of the charges or other appropriate remedies.”
Crenshaw stated “some evidence” has been produced that the prosecution could be vindictive based on documents that he ordered turned over by the government.
One such document contained a statement by Deputy Attorney General Todd Blanche from an appearance on a Fox News program wherein the defense attorneys claim Blanche may have suggested the Department of Justice charged Abrego Garcia because he won his wrongful deportation case.
In rebuttal, Rob McGuire, who was the Acting U.S. Attorney for the Middle District of Tennessee until late December, said those statements were irrelevant because he was singularly responsible for the decision to prosecute, and holds no animus against Abrego Garcia.
The evidentiary hearing has been scheduled for Wednesday, Jan. 28. If Abrego Garcia’s team presents evidence the judge feels the prosecutors cannot justify, his charges could be dismissed.
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.
