Judge Rips Trump’s Case on Kilmar Abrego Garcia as “Impossibility”
A federal judge torched the government’s accusations against Kilmar Abrego Garcia.

A judge in Tennessee eviscerated the government’s case for keeping Kilmar Abrego Garcia detained ahead of his trial for criminal charges alleging that he transported undocumented immigrants around the country.
Magistrate Judge Barbara Holmes in Nashville said Sunday that “the government failed to prove” that Abrego Garcia had endangered any minor victim, a claim not included in the official charges but that was used to justify his ongoing detention.
In a 51-page ruling, Holmes explained that not only had the government’s evidence included “double hearsay” but that some of it also defied logic.
Holmes wrote that Special Agent Peter Joseph of ICE Homeland Security Investigations had presented “hearsay statements of cooperating witnesses” to establish that Abrego Garcia had endangered minors, including one cooperator who was “a two-time, previously-deported felon, and acknowledged ringleader of a human smuggling operation” who’d cut a deal for early release from the government. Testimony from a second cooperator was similarly unreliable because “his requested release from jail and delay of another deportation depends on providing information the government finds useful.”
The government had not been able to prove that Abrego Garcia transported immigrant minors, but both male cooperators had claimed that he had endangered his own children.
“Both male cooperators stated that, other than three or four trips total without his children, Abrego typically took his children with him during the alleged smuggling trips from Maryland to Houston and back, some 2,900 miles round-trip, as often as three or four times per week,” Holmes wrote.
“The sheer number of hours that would be required to maintain this schedule, which would consistently be more than 120 hours per week of driving time, approach physical impossibility. For that additional reason, the Court finds that the statements of the first and second male cooperators are not reliable to establish that this case ‘involves a minor victim.’
“There is no dispute the offenses of which Abrego is charged are not crimes against children and the involvement of a minor child is not an element of the charged offenses,” Holmes wrote, disputing the government’s claim that Abrego Garcia’s alleged criminal activity technically “involves minor victims.”
Holmes scheduled another hearing for Wednesday to discuss the conditions of Abrego Garcia’s release, but the government is expected to detain him upon release. The government has already filed a motion to appeal Holmes’s decision and asked her to stay her order, arguing without evidence that Abrego Garcia could be deported in the future.