NASHVILLE, Tenn. (WKRN) — Attorneys for Kilmar Abrego Garcia were in federal court Friday morning arguing their client’s human smuggling charges should be dismissed for “vindictive” prosecution.
Abrego Garcia has been a point of national interest after he was deported to an El Salvadoran prison in March.
On Monday, a federal judge ruled there was a “realistic likelihood” of vindictive prosecution of Abrego Garcia in a 16-page ruling.
His charges stem from a 2022 traffic stop in Putnam County. Federal authorities claim between around 2016 to 2025, Abrego Garcia was involved in a human smuggling ring. He is accused of trafficking undocumented migrants to the U.S.
Friday’s hearing focused on what evidence attorneys for Abrego Garcia could process through records access.
Abrego Garcia was not in attendance in Nashville.
During the hearing, the defense said they will be filing a motion to suppress the traffic stop body-worn camera footage in this case. They will also file to prohibit any recordings from a March arrest they called “unlawful.”
They argued the March incident had no probable cause or reasonable suspicion; they also brought concerns that Abrego Garcia’s statements may have been coerced and he was not properly Mirandized.
Further, Abrego Garcia’s attorneys will be moving to strike anything that implies their client is a member of the MS-13 gang.
All of these will be compiled in a motion to dismiss the federal charges “expeditiously,” per the defense team.
The U.S. Attorney’s Office plans to bring in an expert in cellphone technology, according to U.S. Attorney Robert McGuire.
Judge Waverly Crenshaw set an evidentiary hearing for Nov. 3 in the case. All parties must submit a list of all potential witnesses and exhibits by Oct. 30.
According to Crenshaw, the deadline to submit jury questionnaires will be Oct. 17.