A federal judge on Friday dismissed the criminal indictment against MS-13 gang member Kilmar Abrego Garcia.

Judge Waverly Crenshaw, an Obama appointee, granted Abrego Garcia’s motion to dismiss the human trafficking case for vindictive and selective prosecution in violation of the Fifth Amendment’s Due Process Clause.

Last October, Judge Crenshaw set a hearing on whether the child-trafficking case against MS-13 gang member Kilmar Abrego Garcia was due to “vindictive prosecution.”

Crenshaw set a hearing based on public statements made by Pam Bondi, Todd Blanche, Kristi Noem, and others.

Kilmar Abrego Garcia is an El Salvadoran national who was illegally residing in Maryland. In 2019, an immigration judge ordered Abrego Garcia, an alleged member of the dangerous MS-13 gang, removed from the US.

After a months-long court battle over his deportation, Kilmar Abrego Garcia was transported back to the United States from El Salvador to face criminal charges.

A federal grand jury in Tennessee previously indicted Kilmar Abrego Garcia for “transporting undocumented migrants within the United States.”

He was charged with one count of conspiracy to transport aliens and one count of unlawful transportation of undocumented aliens.

According to the indictment, Kilmar Abrego Garcia and co-conspirators from El Salvador, Guatemala, Mexico and the US were trafficking illegal aliens from 2016 through 2025.

Read the indictment here.

BREAKING: Fox has obtained the body cam footage that shows Kilmar Abrego Garcia being caught human trafficking in 2022.

Biden’s FBI was called, and said to simply release Abrego Garcia. Biden’s ICE was called, and never bothered to show up.

For decades, American elites… pic.twitter.com/Z4LPHRFd7Q

— Charlie Kirk (@charliekirk11) May 2, 2025

On Friday, Judge Crenshaw dismissed both counts and blasted the Trump Administration for targeting Garcia.

“In sum, the Government’s explanation gets the sequence backwards. Instead of investigating the November 2022 traffic stop to identify who was responsible for the human smuggling, Blanche started the investigation to implicate Abrego. He did so to justify the Executive Branch’s decision to remove him to El Salvador,” Judge Crenshaw wrote in a 32-page opinion reviewed by The Gateway Pundit.

“The reopening of the closed HSI investigation is the source of the vindictiveness. Blanche’s public statements about the investigation and Singh’s involvement tie Main Justice to the reopened investigation and the indictment. After the indictment became reality, the Government ignores McGuire’s testimony that Main Justice caused Abrego’s return to the United States, as the District of Maryland had long required. The Government’s rebuttal to the presumption of vindictiveness does not engage with that evidence,” the judge wrote.

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