U.S. Attorney Testifies DOJ Didn't Direct Charges Against Abrego Garcia

Hearing examines if government is being vindictive in human smuggling case

Published on Feb. 26, 2026

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The acting U.S. attorney for the Middle District of Tennessee testified that no one from the White House or the Department of Justice directed him to seek an indictment against Kilmar Abrego Garcia, a Salvadoran native facing human smuggling charges. The hearing examined whether the government is being vindictive in pursuing the case against Abrego Garcia, who was previously deported to El Salvador despite a court order barring his deportation to that country.

Why it matters

The case highlights ongoing tensions between the federal government and immigration advocates over the treatment of undocumented immigrants, particularly those with prior deportation orders. The hearing also examines the role of political pressure in criminal prosecutions involving high-profile immigration cases.

The details

Acting U.S. Attorney Robert McGuire testified that after reviewing body cam footage from a 2022 traffic stop involving Abrego Garcia, he decided to seek an indictment on human smuggling charges. McGuire said the case 'really looked like a human smuggling case' based on factors like the number of individuals in the car and Abrego Garcia's behavior. An investigator with the Department of Homeland Security also testified that she felt no pressure to bring charges.

  • Abrego Garcia was deported to El Salvador's CECOT mega-prison in March 2025, despite a 2019 court order barring his deportation to that country.
  • Abrego Garcia was brought back to the U.S. in June 2026 to face human smuggling charges, to which he pleaded not guilty.
  • The trial in the case was canceled in December 2025, and a hearing was scheduled to examine whether the government is being vindictive in pursuing charges against Abrego Garcia.

The players

Kilmar Abrego Garcia

A Salvadoran native facing human smuggling charges, who was previously deported to El Salvador despite a court order barring his deportation to that country.

Robert McGuire

The acting U.S. attorney for the Middle District of Tennessee, who testified that he decided to seek an indictment against Abrego Garcia.

Waverly Crenshaw Jr.

The federal judge overseeing the case, who canceled the trial in December 2025 and ordered a hearing on the question of vindictive prosecution.

Jennifer Vasquez Sura

Abrego Garcia's wife, who attended a prayer vigil with him before he entered an ICE field office.

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What they’re saying

“This really looked like a human smuggling case to me.”

— Robert McGuire, Acting U.S. Attorney (wphm.net)

“We're not swayed by political attention or political posturing.”

— Saoud, Investigator, Department of Homeland Security (wphm.net)

What’s next

The judge in the case will decide whether to allow Abrego Garcia to remain released on bail pending trial.

The takeaway

This case highlights the ongoing tensions between the federal government and immigration advocates over the treatment of undocumented immigrants, particularly those with prior deportation orders. The hearing examines the role of political pressure in criminal prosecutions involving high-profile immigration cases.