Democrats can sure pick winners, can't they?
EXCLUSIVE: Kilmar Abrego Garcia, who was mistakenly deported to El Salvador, is on his way back to the U.S. to face criminal charges, sources tell ABC News. https://t.co/1e02UFoIyp
— ABC News (@ABC) June 6, 2025
There are two things to note about that coverage. First, by the end of this Twitchy piece, you will see that the Federal Government is saying he is actually in America, now—not merely on his way. Second, the fact he is being charged is verified by Attorney General Pam Bondi herself:
BREAKING: US Attorney General Pam Bondi reveals that Kilmar Abrego Garcia will be returning to the US under a criminal warrant after a grand jury found that he engaged in OVER 100 human smuggling trips of illegal aliens.
— Libs of TikTok (@libsoftiktok) June 6, 2025
THIS is the "Maryland man" that Democrats defend. https://t.co/OtU6weKAWu pic.twitter.com/rq1zyl3Brw
Besides the charges, we think it is interesting that we requested his return by presenting an arrest warrant. As regular readers know, García had been mistakenly deported when there was a deportation hold on him. As we wrote previously:
[I]n 2019, he was as an illegal immigrant and the first Trump administration attempted to throw him out. After living here for years, he suddenly decided that he needed asylum, not because the government of El Salvador was going to persecute him, but because allegedly these gangs would persecute him and somehow another country’s inability to control crime is our problem. So, an immigration judge put a hold on his deportation. He wasn’t supposed to be deported—although our understanding is that this was only until the judge could hold a hearing to determine if he could validly invoke an anti-torture treaty in order to stay. … But the Trump administration mistakenly sent him to El Salvador, at least according to the Supreme Court. …
So, to be clear, Abrego Garcia had no right to stay here. He just wanted us to deport him to a country other than El Salvador, because it is somehow our problem that El Salvador allegedly can’t control crime in its country, and therefore it would allegedly violate some treaty against torture to send him back to his home country.
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As indicated, it became a controversy going all the way up to the Supreme Court, and before today’s analysis, the Trump administration had been ordered to ‘facilitate’ his return but not to ‘effectuate’ it. As we wrote previously:
This author has talked about this case here, here and here, with the bottom line being that the Trump administration has been ordered to ‘facilitate’ the return of Garcia so we can give him a hearing and throw him out of the country again, but as of today, the Trump administration is not being ordered to ‘effectuate’ the release. …
The term ‘facilitate’ means essentially to help someone else to do something that they have chosen to do on their own. This term is extremely well understood in the law because facilitation of a crime can often be a crime in and of itself. But, importantly, the term ‘facilitate’ does not require Trump to lift a single finger to make the government of El Salvador actually release him—only to help them if they choose to.
So, Trump wasn’t required to even ask for García back. But then they decided to do exactly that, basically prosecuting this illegal immigrant for allegedly trafficking other illegal immigrants.
Indeed, Fox News has a copy of the indictment:
BREAKING: @FoxNews has obtained the DOJ indictment of “Maryland man” Kilmar Abrego Garcia, charging him with 8 USC 1324 (federal human trafficking), alleging he smuggled illegal aliens in the U.S. from 2016-2015 as part of MS-13. It was filed on 5/21 and was just unsealed. pic.twitter.com/pFtlTrKnDj
— Bill Melugin (@BillMelugin_) June 6, 2025
It is common practice to keep an indictment under seal until it is time to reveal it, usually after the people in the indictment are in custody. In this case, we suspect they have also scooped up as many of his co-conspirators as they can, since García was always in some government’s custody.
Here’s the indictment pages Mr. Melugin shared, enlarged:
Obviously, the indictment is longer than that, but he clearly thought these were the highlights. We will note that the government is claiming that some of the evidence is in writing. If true, that’s a very bad sign for the defense.
Jonathan Turley has some quick analysis:
The charging of Abrego Garcia will end the removal litigation (absent contempt issues) while reframing the controversy as part of a criminal prosecution. The Administration can claim that it is not yielding to orders that it has challenged as judicial overreach while bringing him…
— Jonathan Turley (@JonathanTurley) June 6, 2025
The cut off text:
The Administration can claim that it is not yielding to orders that it has challenged as judicial overreach while bringing him back to the country...
...If he is convicted, removal would be rapid after the serving of his sentence.
— Jonathan Turley (@JonathanTurley) June 6, 2025
That is correct. If convicted, he is likely to end up spending years in federal prison, and then being deported when his sentence is done ... unless he is released during a Democratic administration.
And interestingly, Margot Cleveland shows us that the DOJ has indicated that they have complied with the court order.
🚨🚨🚨BREAKING: DOJ informs court it has complied with Preliminary Injunction and asks for stay on all deadlines with motion to dismiss to be forthcoming, because Garcia is back in U.S. . . . in federal custody in Tennessee. 1/ pic.twitter.com/A9vTMD1s7M
— Margot Cleveland (@ProfMJCleveland) June 6, 2025
Honestly, we think it is a mistake to say they complied with the order because it implies that they were violating it. The better way to put it is something to the effect of ‘even though we were not required to request his return, we have done so’ and then say they have facilitated the return and thus the case is now moot (or over).
Still, we will note that according to this federal filing, García is back in America. We are sure he is overjoyed to be here. /sarcasm
Live look at everyone who wanted Kilmar Abrego Garcia back seeing their wish come true: pic.twitter.com/pLhl4sWd60
— Varad Mehta (@varadmehta) June 6, 202
Mr. Mehta offers this quick analysis:
They're going to offer him a plea bargain where he voluntarily leaves the country in exchange for the charges being dropped. Watch.
— Varad Mehta (@varadmehta) June 6, 2025
Honestly, we suspect that is completely wrong. We think the Trump Administration will want to make a big show of convicting him (if they can), including proving that he is in MS-13 (if they can). They will want to show the whole world what kind of person Democrats were defending.
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