The US attorney who brought human smuggling charges against Kilmar Abrego Garcia was told by a top Justice Department official that prosecuting the alleged MS-13 gang member was a “top priority” after the Supreme Court ruled he was wrongfully deported, court documents unsealed Tuesday show.
In response to allegations the prosecution of Abrego Garcia has been vindictive, acting US Attorney for the Middle District of Tennessee Rob McGuire has argued that he – not the DOJ – made the decision to pursue a grand jury indictment against Abrego Garcia in the weeks leading up to his return to the US from El Salvador’s notorious CECOT prison.
“It’s a top priority,” Associate Deputy Attorney General Aakash Singh informed McGuire in an April 30 email, where they reportedly discussed bringing charges against the Maryland man over a Nov. 2022 Tennessee traffic stop.
The message was one of several between DOJ officials and Tennessee prosecutors included in District Judge Waverly Crenshaw’s Dec. 3 order demanding the Trump administration to provide documents to Abrego Garcia and his attorneys.
“Some of the documents suggest not only that McGuire was not a solitary decision-maker, but he in fact reported to others in DOJ and the decision to prosecute Abrego may have been a joint decision,” Crenshaw wrote in the order.
In a May 15 email, McGuire appeared to signal to DOJ officials that he was under the impression the department wanted Abrego Garcia indicted quickly.
“Ultimately, I would hope to have ODAG [Office of the Deputy Attorney General] eyes on it as we move towards a decision about whether this matter is going to ultimately be charged,” the prosecutor wrote.
“While ultimately, the office’s decision to charge will land on me,” McGuire continued. “I think it makes sense to get the benefit of all of your brains and talent in this process and as we consider this case.
“I have not received specific direction from ODAG other than I have heard anecdotally that the DAG and PDAG would like Garcia charged sooner rather than later.”
The US Attorney’s Office for the Middle District of Tennessee contends the back-and-forth with DOJ is “required and routine.”
“The emails cited in Judge Crenshaw’s order, specifically Mr. McGuire’s email on May 15, 2025, confirm that the ultimate decision on whether to prosecute was made by career prosecutors based on the facts, evidence, and established DOJ practice,” read a statement released by the US attorney’s office. “Communications with the Deputy Attorney General’s Office about a high-profile case are both required and routine.”
A hearing on the motion to dismiss Abrego Garcia’s case on the basis of vindictive prosecution is scheduled for Jan. 28.
Abrego Garcia’s case has drawn national attention since March, when he was deported to his home country of El Salvador in violation of a 2019 court order.
Upon his return to the US in June, Abrego Garcia was immediately taken into federal custody and detained on human smuggling charges stemming from the 2022 traffic stop.
The Trump administration claims he is a member of MS-13, which Abrego Garcia denies, and has vowed to deport him to a so-called third country.
Abrego Garcia is currently free in Maryland as legal proceedings play out. With Post wires
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