Lawyers for Kilmar Abrego Garcia Question Evidence in Criminal Case

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The exchanges unfolded at a hearing in Federal District Court in Nashville intended to determine whether Kilmar Armando Abrego Garcia should be freed from criminal custody as he awaits trial.

Demonstrators gathered to support Kilmar Armando Abrego Garcia this month in Maryland.Credit...Jim Watson/Agence France-Presse — Getty Images

Alan Feuer

By Alan Feuer

Reporting from federal court in Nashville

July 16, 2025, 7:10 p.m. ET

Lawyers for Kilmar Armando Abrego Garcia, the immigrant who was wrongfully expelled to El Salvador in March, poked holes on Wednesday in some of the evidence supporting the charges that were used to bring him back to face trial in the United States.

The efforts by the lawyers were largely focused on chipping away at the accounts of a group of witnesses who have come forward in recent weeks to accuse Mr. Abrego Garcia of having taken part in a nearly decadelong conspiracy to smuggle illegal immigrants as a member of the violent street gang MS-13.

Appearing in court Wednesday, the lawyers also questioned the federal agent who led the inquiry into Mr. Abrego Garcia, getting him to acknowledge on the stand that while he had personally spoken with the government’s star witness in the case, he had never looked at three previous — and less incriminating — interviews conducted by other investigators.

All of this took place at a hearing in Federal District Court in Nashville intended to determine whether Mr. Abrego Garcia should be freed from criminal custody as he awaits trial. While a federal magistrate judge has already determined that he should go free, finding that he was neither a flight risk nor a danger to the community, the district judge overseeing the case, Waverly D. Crenshaw Jr., was asked by the government to revisit that decision.

Judge Crenshaw said he planned to make his own decision next week; how he rules will greatly affect Mr. Abrego Garcia’s future.

In a remarkable admission, the Justice Department said last week that it intends to push forward with prosecuting Mr. Abrego Garcia only if the judge keeps him locked up as he awaits trial. If Mr. Abrego Garcia is released, department lawyers have suggested that the charges will likely be dropped and he will be turned over to immigration officials for immediate deportation.


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