In Nashville, U.S. District Judge Waverly Crenshaw on Wednesday ordered Abrego Garcia’s release from criminal custody pending trial, writing in a 37-page ruling that the federal government “fails to provide any evidence that there is something in Abrego’s history, or his exhibited characteristics, that warrants detention.”
He also poured cold water on the dozens of allegations made by Trump officials, including by DHS Secretary Kristi Noem in Nashville last week, that Abrego Garcia is an MS-13 gang member.
“Based on the record before it, for the court to find that Abrego is member of or in affiliation with MS13, it would have to make so many inferences from the government’s proffered evidence in its favor that such conclusion would border on fanciful,” he said.
Tag Archives: Barbara Holmes
CBS News: Kilmar Abrego Garcia asks to remain in federal custody, and Justice Dept. agrees
Kilmar Abrego Garcia, a Salvadoran man who was mistakenly deported back to his home country and then returned to the U.S. for federal prosecution, may remain in federal custody, after his lawyers and prosecutors sparred over whether he would be deported immediately upon his release while awaiting a criminal trial.
His lawyers asked that a magistrate judge’s order granting him pretrial release not be issued until July 16, when he is scheduled to appear in court again for another hearing. In a filing Friday, prosecutors agreed to the delay. The court must still approve the request.
Abrego Garcia’s lawyers said in a filing with the court that the Justice Department has been giving conflicting statements as to whether the Trump administration will move to deport him before he stands trial.
Give the poor guy his day in court!
Daily Beast: Judge Embarrasses Stephen Miller in High-Profile Court Ruling
A judge has shut down arguments pushed by the Trump administration and White House Deputy Chief of Staff Stephen Miller in a ruling surrounding the high-profile case of Kilmar Abrego Garcia.
Tennessee Magistrate Barbara Holmes ruled Sunday that Abrego Garcia is not the dangerous gang member Trump allies like Miller and Department of Homeland Security Secretary Kristi Noem have repeatedly claimed he is.
Abrego Garcia is pending trial on human smuggling charges for allegedly transporting undocumented migrants within the U.S. He has pleaded not guilty to the charges.
In March, the Trump administration admitted to mistakenly deporting Abrego Garcia to El Salvador. The Supreme Court ordered them to facilitate his return to the United States.
In her 51-page report, Holmes disputed claims made by the U.S. government that Abrego Garcia was a member of international crime gang MS-13.
https://www.thedailybeast.com/judge-embarrasses-stephen-miller-in-high-profile-court-ruling