Judge Waverly Crenshaw Jr. ordered release of DOJ records that suggest senior Justice Department officials — not just local prosecutors — may have taken part in the decision to prosecute Kilmar Abrego Garcia after his wrongful deportation. April communications show Associate Deputy Attorney General Aakash Singh calling potential charges a 'top priority' and McGuire seeking ODAG oversight while maintaining final charging authority. The judge said the documents may undercut the government's prior claim that the decision was made locally and without outside influence.
Judge Orders Release Of Documents Suggesting Top DOJ Officials Joined Push To Prosecute Kilmar Abrego Garcia
U.S. District Judge Waverly Crenshaw Jr. has ordered the disclosure of internal Justice Department records that suggest senior DOJ officials — not just local prosecutors — may have been involved in the decision to prosecute Kilmar Abrego Garcia after his wrongful deportation to El Salvador.
Judge's Ruling and Key Documents
In an order unsealed Tuesday, Judge Crenshaw said the documents he reviewed appear to contradict the government's earlier representations that the decision to seek an indictment was made locally by Robert McGuire, the acting U.S. attorney for the Middle District of Tennessee. Instead, the records indicate McGuire communicated with high-level DOJ aides and sought to keep DOJ leadership informed as the matter progressed.
Notable Exchanges
The records include April messages between McGuire and Associate Deputy Attorney General Aakash Singh, a senior aide to Deputy Attorney General Todd Blanche. In those exchanges, Singh reportedly described potential criminal charges as a 'top priority' and McGuire said he wanted the 'high command looped in.' McGuire also wrote that he hoped the Office of the Deputy Attorney General (ODAG) would have 'eyes on it' as the decision to charge moved forward, even while asserting that the final charging decision 'will land on me.'
'Specifically, some of the documents suggest not only that McGuire was not a solitary decision-maker, but he in fact reported to others in DOJ and the decision to prosecute Abrego may have been a joint decision, with others who may or may not have acted with an improper motivation,' Judge Crenshaw wrote.
Disclosure Ordered
Crenshaw directed that several documents be turned over to Abrego Garcia's defense team because they may support his claim that the prosecution is selective and vindictive. Those documents include draft indictment handling instructions and requests to hold filings until 'clearance' was obtained — suggesting potential involvement or signoff from Blanche's office rather than purely local decision-making.
Case Background
Kilmar Abrego Garcia, a Salvadoran national who entered the United States nearly 15 years ago, was wrongfully deported to El Salvador in violation of a 2019 court order that found the country unsafe for his removal. The dispute moved quickly to the Supreme Court, which ordered his return to the U.S. The Justice Department unsealed a human smuggling indictment against Abrego Garcia soon after his return; he has pleaded not guilty.
Next Steps
The defense is pursuing dismissal of the human smuggling charges on grounds of selective and vindictive prosecution. The newly ordered disclosures could bolster that argument by showing higher-level DOJ involvement in the decision to bring charges. The U.S. attorney's office for the Middle District of Tennessee and the Justice Department declined immediate comment.
