Justice Dept. Promised to Prosecute Abrego Garcia. Now It’s Not So Clear.

The Justice Department has maintained that the indictment against Kilmar Armando Abrego Garcia was an essential instrument to pursue accountability against a dangerous criminal since the Trump administration returned him from his wrongful deportation to El Salvador to face criminal charges.

The case was filed in Nashville’s Federal District Court, and the prosecutors have stated time and again that they plan to proceed with a trial as soon as feasible. When they made such statements, they were reiterating their boss, Attorney General Pam Bondi, who said during a press conference last month that Abrego Garcia had arrived in the US to face charges.

However, new information indicates that the department may not be as dedicated to the prosecution as it first appeared to be. As Ms. Bondi stated, Mr. Abrego Garcia might not be in the nation long enough to confront American justice if he were brought back from El Salvador to do so.

Attorneys for the Justice Department stated during two court sessions this week that they would proceed with the lawsuit, but only if Mr. Abrego Garcia stayed in detention pending trial. They said that if he were released on bond, they would forego a trial altogether and hand him over to immigration authorities for prompt deportation.

The Justice Department’s priorities were made clear by that action plan.

To get guilty convictions against defendants, prosecutors usually go to the trouble of calling grand juries and pursuing indictments. However, in the instance of Mr. Abrego Garcia, the government seems mainly focused on making sure that a man it has characterized as a dangerous illegal immigrant never freely enters the United States, whether through the legal system or immigration procedures.

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“You would think they would want to see it through to trial and conviction so that they could hold him accountable for his crimes if this case is as meritorious as the attorney general has stated,” Barbara McQuade, a former U.S. attorney in Detroit and professor at the University of Michigan Law School, said. It’s amazing to think that if they don’t get their way during the detention phase, they might try to deport him.

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