DOJ Discovers It CAN Actually Bring Abrego Garcia Back… To Face Sketchy, Trumped Up Criminal Charges

from the trumped-up-charges dept

The most telling detail in the Kilmar Abrego Garcia saga isn’t what the DOJ is claiming — it’s what a federal prosecutor refused to do. Ben Schrader, a 15-year veteran of the U.S. Attorney’s Office in Nashville and chief of the criminal division, abruptly resigned rather than put his name on the indictment the Trump administration cobbled together to justify their illegal deportation of a man courts had barred the US from sending to El Salvador.

That should tell you everything about the quality of this “case.” But let’s walk through exactly how the DOJ manufactured criminal charges to cover up their own constitutional violation.

After months of claiming it was “impossible” to bring Abrego Garcia back from El Salvador — where they illegally shipped him, despite a court order, due to an “administrative error” — they have now brought him back.

For months they resisted doing so, as everyone realized it would mean admitting the Trump administration’s aggressive immigration program made mistakes. So the administration pivoted: they fired the DOJ lawyer who had initially admitted that it was a mistake to deport him, and began claiming that Abrego Garcia was obviously a terrible criminal, a “leader” of the MS-13 gang, and a “human trafficker.” The US government then began searching high and low for literally anything they could use to try to justify those claims about him, so they could falsely pretend that they were correct in shipping him out of the country.

The best they can do was… finding a 2022 traffic stop.

In that stop, Abrego Garcia was driving a van with eight passengers from Texas to Maryland — construction workers, he said, being transported between job sites. The officers at the time found nothing worth charging. They didn’t even cite him for speeding.

Difficult to see that as evidence of anything horrible.

But desperate times call for desperate measures. And the Trump administration desperately needed something. So it appears the DOJ used that non-incident to secretly indict Abrego Garcia on two counts of “transporting” undocumented workers. That indictment was unsealed today, along with the announcement that Abrego Garcia was being brought back to the US to face those criminal charges.

Oh, so they could bring him back…

This proves that the administration has been lying, repeatedly, in claiming that they had no control over him and couldn’t bring him back.

Remember: Trump himself admitted multiple times that he could get Abrego Garcia back. Meanwhile, AG Pam Bondi was insisting in public that Abrego Garcia would never return to the United States.

Homeland Security Secretary Kristi Noem was even more definitive: “there is no scenario where Abrego Garcia will be in the United States again.”

Kristi Noem less than a month ago: "There is no scenario where Abrego Garcia will be in the United States again."(No matter what happens, bringing him back to the US is a climbdown for the administration)

Aaron Rupar (@atrupar.com) 2025-06-06T20:51:36.817Z

All proven false. Today, Bondi tried to claim this was different because they “presented El Salvador with an arrest warrant.” But that only proves the lie — there was never anything stopping them from making that request. They just chose not to, while claiming it was impossible.

El Salvador readily agreed to the request — exactly as everyone knew they would, despite Salvadoran President Bukele’s claims that it was “preposterous” to even think of returning him as he would have to “smuggle a terrorist” into the US.

Turns out all of that was theater.

We’ve seen this playbook trotted out multiple times: whenever someone is denied due process, we hear about how awful they are, how violent, how dangerous, as if that means they don’t deserve due process. But that’s garbage: everyone deserves due process, because without it, there’s simply no way to know for sure that they are all those things anyone is claiming.

The new criminal indictment

It’s now clear that the DOJ went on a fishing expedition to find anything they could possibly dig up to pin on Abrego Garcia. The evidence was so weak that, according to ABC News, the local DOJ prosecutor resigned rather than put his name on the filings:

The decision to pursue the indictment against Abrego Garcia led to the abrupt departure of Ben Schrader, a high-ranking federal prosecutor in Tennessee, sources briefed on Schrader’s decision told ABC News. Schrader’s resignation was prompted by concerns that the case was being pursued for political reasons, the sources said.

Schrader, who spent 15 years in the U.S. Attorney’s Office in Nashville and was most recently the chief of the criminal division, declined to comment when contacted by ABC News.

When experienced federal prosecutors walk away from cases because they believe they’re politically motivated, that tells you everything about the integrity of the charges.

But the DOJ pressed forward anyway, transforming a routine traffic stop into something much grander. In their detention motion, two years after police found nothing worth citing, the government now claims:

Over the past nine years, the defendant has played a significant role in an undocumented alien smuggling ring that has resulted in thousands of undocumented aliens being illegally transported into and throughout the United States, including members and associates of La Mara Salvatrucha (“MS-13”), a recently designated Foreign Terrorist Organization, as well as unaccompanied minor children

This represents a remarkable evolution in the government’s case. In 2022: not worth a speeding ticket. In 2025: international human trafficking kingpin.

At today’s press conference about this, Pam Bondi also appeared to accuse Abrego Garcia of being a “child-groomer” and a murderer. When reporters pointed out that the indictment says nothing about such things, she got angry, insisted he’s really bad, and then ended the press conference abruptly.

Everything is backwards

Here, the entire process has been backwards:

The Promise: Rigorous deportation processes targeting only dangerous criminals. Once deported, impossible to bring anyone back.

The Reality: They accidentally shipped someone with no criminal record to El Salvador against a court order barring him from being shipped there. Then, they were able to easily bring him back two and a half months later, as soon as they asked, but only after they scraped together a very weak looking indictment to try to turn him into a criminal.

That’s not protecting Americans from violent criminals. It’s turning people into criminals to justify a monumental fuckup and human rights violation.

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Comments on “DOJ Discovers It CAN Actually Bring Abrego Garcia Back… To Face Sketchy, Trumped Up Criminal Charges”

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Robert Freetard (profile) says:

If he's actually being charged for trafficking people to the interior from texas,

If he’s actually being charged for trafficking people to the interior from texas then there are a couple of State Governors the should be up on the same charges, PLUS misusing state funds for human trafficking.

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Arianity (profile) says:

We’ve seen this playbook trotted out multiple times: whenever someone is denied due process, we hear about how awful they are, how violent, how dangerous, as if that means they don’t deserve due process. But that’s garbage: everyone deserves due process, because without it, there’s simply no way to know for sure that they are all those things anyone is claiming.

It’s turning people into criminals to justify a monumental fuckup and human rights violation.

People are (rightfully) focusing on the due process part with how it intertwines with fascism more broadly, but it’s worth emphasizing: even if hypothetically these charges are all completely true (which, lol), it still doesn’t justify how they treated him.

Minor correction:

their illegal deportation of an American citizen.

KAG is not a U.S. citizen, although he’s lived in the U.S. for 14 years. He is Salvadoran. More importantly, he literally has a TPS (granted in 2019) legally protecting him from deportation to El Salvador due to fear of persecution. The TPS also gave him legal status to be in the U.S.

(This was actually intentional, they intentionally went after noncitizens first to avoid any claim that they would be responsible for them outside of the country)

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Uriel-238 (profile) says:

Re: Anything CECOT cannot be justified.

even if hypothetically these charges are all completely true, it still doesn’t justify how they treated him

I’m still looking for an answer of exactly for what kind of convict does CECOT exist for, considering it’s punishment greater than that which should be exacted on anyone regardless of the crime.

CECOT’s very existence is wrongdoing against all of humanity.

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Anonymous Coward says:

That's not how any of this works

Let’s suppose that the Justice Department comes into the possession of evidence that someone named Elon Zuckerberg (how unfortunate) is a human trafficker. What they do not do is abruptly deport him to another country because that pretty much puts an end to the investigation.

And the investigation needs to keep going, because, and I’m going to yell here, EVERYONE INVOLVED IN HUMAN TRAFFICKING IS PART OF A CONSPIRACY. Of course they are, it’s impossible to do this without cooperation between people acquiring, people transporting, people buying, people laundering the money, and so on. So if you find someone that you really believe is involved, then you either (a) surveil them so that you can figure out who the other people are and then arrest/charge everyone at once, or (b) you arrest the person you’ve got and see if you get them to roll on their business partners in exchange for charge/sentence reduction.

Under no circumstances do you remove the suspect from your own jurisdiction, especially in a highly public fashion that alerts everyone else involved that they should take countermeasures like destroying evidence or running or hiding.

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btr1701 (profile) says:

Please Don't Lie

Ben Schrader, a 15-year veteran of the U.S.
Attorney’s Office in Nashville and chief of the
criminal division, abruptly resigned rather than
put his name on the indictment the Trump
administration cobbled together to justify their
illegal deportation of an American citizen.

Kilmar Garcia is NOT an American citizen. He is an illegal alien Salvadoran national who illegally crossed the U.S. border in 2011. He was subsequently granted “withholding of removal” status in 2019 because he feared reprisals from a rival gang in El Salvador. (If you don’t join a gang in the first place, you will have no rival gangs to fear. And somehow our courts fall for this crap.) However, none of that in any way, shape, or form makes him an American citizen.

TechDirt has really fallen from the quality of its reporting in past years. Now we get outright lies in furtherance of its anti-police agenda.

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Stephen T. Stone (profile) says:

Re:

If you don’t join a gang in the first place, you will have no rival gangs to fear.

Can you show us the rock-solid evidence that proves Kilmar Abregio Garcia was, or currently is, part of any gang? I mean, I agree that the article saying he was an American citizen is a massive oversight that should’ve been caught in editing, but if you’re going to lie in furtherance of calling out a different lie, you’re not doing yourself any favors here.

btr1701 (profile) says:

Re: Re:

His own pleadings in the removal hearing where he was granted TPS mentioned his fear of violence from rival gangs. You can’t have a rival gang if you’re not in a gang yourself. He basically admitted to gang affiliation and our courts apparently thought that we don’t already have enough of our own gang members, that we could use a few from other countries as well, and let him stay in the U.S.

Stephen T. Stone (profile) says:

Re: Re: Re:

His own pleadings in the removal hearing where he was granted TPS mentioned his fear of violence from rival gangs.

Did he specifically say those exact words? And if he did, do you know for sure whether he was referring to gangs considered rivals to the one he was part of, or is there a chance he was referring to gangs that are rivals and considered him a member of one of those gangs even if he wasn’t? I want to see ironclad, rock-solid, incontrovertible evidence that he was part of a gang when he applied for his TPS⁠—and, if you (think you) have it, evidence that he either currently is or recently was part of a gang. Proving your claim is your burden, so get to proving it.

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Arianity (profile) says:

He was subsequently granted “withholding of removal” status in 2019 because he feared reprisals from a rival gang in El Salvador.

It wasn’t granted because of a ‘rival’ gang. If you’re going to complain about people lying, don’t lie yourself.

The evidence in this case indicates quite clearly that at least one central reason the Respondent was subject to past persecution was due to him being his mothers’ son, essentially as a member of his nuclear family. That the Respondent is his mothers’ son is the reason why he, and not another person, was threatened with death. He was threatened with death because he was Cecilia’s son and the Barrio 18 gang targeted the Respondent to get at the mother and her earnings from the pupusa business. link

(If you don’t join a gang in the first place, you will have no rival gangs to fear. And somehow our courts fall for this crap.)

No, you’d only have to fear getting shaken down and forcibly recruited. Which is why he was here in the first place, Barrio 18 was harassing the family. So much better.

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n00bdragon (profile) says:

How exactly does one “smuggle” people within the United States. Like, let’s just take the government at their word as a thought experiment here: Let’s suppose, hypothetically, that Mr. Garcia was in fact driving illegal aliens or undocumented persons or however you want to call them, he’s driving them around within the United States for monetary gain. Explain to me how this is illegal.

Is Uber liable if they take one of them from the east side to the west side of Kansas City?

Remember. He would not be smuggling people across the border of the country. There’s no immigration checkpoints being bypassed. He’s not helping people flee the law (immigration law is federal, you can’t flee it by traveling to a different state). This is all before we even get to the point of how threadbare the evidence for this. I’m really just assuming for argument’s sake that everything they allege is true. Even if they got this guy dead to rights… they have nothing. This isn’t even a crime.

Leah Abram (profile) says:

Re: Re:

Here’s the thing, though: Everyone has an accent. Trumpy has an older “Noo Yawk” accent among boomers; so does Chuck Schumer. Those of us who are millennials don’t have that accent, but we do have a different accent that is closer to standard American English. Saying you don’t have an accent is like saying you don’t have an ideology: if you think you don’t have one and other people do, it’s not them, it’s you.

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Anonymous Coward says:

In that stop, Abrego Garcia was driving a van with eight passengers from Texas to Maryland — construction workers, he said, being transported between job sites.

But desperate times call for desperate measures. And the Trump administration desperately needed something. So it appears the DOJ used that non-incident to secretly indict Abrego Garcia on two counts of “transporting” undocumented workers.

TIL: Transporting people consensually between different states is human trafficking. Best give up my job at Greyhound.

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TKnarr (profile) says:

Expect to see the DOJ request dismissal of the current case about his deportation as moot since he’s back in the US for prosecution in an unrelated case, followed by their trying to railroad him on the trafficking charges and deporting him based on that conviction.

The judge in the current case should respond by holding that the case isn’t moot until Garcia is both convicted and all appeals are exhausted without overturning the conviction.

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That One Guy (profile) says:

'... And he kicked your puppy!'

At today’s press conference about this, Pam Bondi also appeared to accuse Abrego Garcia of being a “child-groomer” and a murderer. When reporters pointed out that the indictment says nothing about such things, she got angry, insisted he’s really bad, and then ended the press conference abruptly.

Every accusation a confession, every self-given label a rejection of.

The only ones engaging in human trafficking I’m seeing are the regime, and as for child grooming I seem to recall her boss being big fans of a certain someone with a private island, not to mention republicans seem to have this aversion to outlawing child-marriage so maybe not the rock to be throwing around in glass houses there…

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