Hard Landing: The Return of Kilmar Abrego Garcia

Below is my column at Fox.com on the return of Kilmar Abrego Garcia and what lies ahead in the case. Regardless of the outcome of the criminal prosecution, one thing seems virtually certain: Abrego Garcia will eventually go home . . . to El Salvador.

Here is the column:

Kilmar Abrego Garcia is coming back to the United States, but he is hardly thrilled by the prospect. He is returning not for a removal hearing, but for a trial that could result in a lengthy prison sentence, followed by immediate removal back to El Salvador. After the issuance of the federal grand jury, the United States is now the last place on Earth that Abrego Garcia wants to visit.

Abrego Garcia has been fighting to return after he was mistakenly removed to El Salvador. That immediately drew irate orders from a federal judge, and many of us argued that the Administration should have simply brought him back for what seemed an easy case for removal after a hearing.

Instead, the case dragged on for months after the Trump Administration challenged the court orders as judicial overreach and unconstitutional. The indictment issued by a federal grand jury allows the Administration to end the controversy on its terms. Rather than yielding to the challenged orders, it can bring Abrego Garcia back to stand trial.

It is an example of the old adage “one day on the cover of Time, next day doing time.” Sometimes notoriety can be your undoing.

If Abrego Garcia had been removed, little attention would likely have been drawn to his prior conduct. Indeed, as all the Democratic politicians, such as Sen. Chris Van Hollen (D-Md.), arrived in El Salvador with an army of reporters, one has to wonder if Abrego Garcia was having second thoughts about his challenge.

While news organizations like NPR described Abrego Garcia as a family man “living quietly” in Maryland, the facts proved far more damning. He was repeatedly accused of beating his wife. The court record also included allegations of his involvement in a notorious gang:

“Per the Prince George’s County Police Gang Unit, ABREGO-Garcia was validated as a member of the Mara Salvatrucha (MS13) Gang. Subject was identified as a member of the Mara Salvatrucha MS-13, “Chequeo” from the Western Clique a transnational criminal street gang. This information was provided by tested source who has provided truthful accurate information in the past. See Prince Georges County Police Department (Gang Sheet).”

MS-13 is designated as a terrorist organization.

Abrego Garcia was also suspected of human trafficking. Indeed, the description of the stop leaves one astonished that he was allowed to drive away. According to DHS:

“On Dec. 1, 2022, Abrego Garcia was stopped by the Tennessee Highway Patrol for speeding. Upon approach to the vehicle, the encountering officer noted eight other individuals in the vehicle. There was no luggage in the vehicle, leading the encountering officer to suspect this was a human trafficking incident. Additionally, all the passengers gave the same home address as the subject’s home address. During the interview, Abrego Garcia pretended to speak less English than he was capable of and attempted to put the encountering officer off-track by responding to questions with questions. When asked what relationship he had with the registered owner of the vehicle, Abrego Garcia replied that the owner of the vehicle is his boss, and that he worked in construction…

The encountering officer decided not to cite the subject for driving infractions but gave him a warning citation for driving with an expired driver’s license. Abrego Garcia’s driver’s license was a MD “Limited Term Temporary” license. The encountering officer gathered names of other occupants in the vehicle but could not read their handwriting. The officer did not pursue further information due to no citation being issued.”

The videotape mystified many with how Abrego Garcia was allowed to go along his way. Here was an undocumented immigrant stopped with an expired license in a car with eight others traveling from Texas to Maryland. He gave a false statement, and the officer suspected human trafficking but let him go.

It is alleged that the person whom Abrego Garcia described as his “boss” at a construction job was Jose Ramon Hernandez Reyes, an illegal migrant previously convicted of human smuggling. The black 2001 Chevrolet Suburban belonged to Hernandez Reyez.

Now, the indictment details a broader array of evidence. The grand jury found evidence of extensive human trafficking violations over 9 years. The indictment speaks of cooperating witnesses prepared to implicate Abrego Garcia in an international smuggling operation involving guns, narcotics, and humans that included over a 100 such transports.

“Over the course of the conspiracy the coconspirators knowingly and unlawfully transported thousands of undocumented aliens who had no authorization to be present in the United States and many of whom were MS 13 members and associates The co conspirators also worked with transnational criminal organizations in Mexico to transport undocumented aliens through Mexico and into the United States.”

Ironically, in light of this indictment, any criminal defense attorney worth his salt would have opposed deportation to the United States from El Salvador. Instead, Abrego Garcia will face a much longer possible criminal sentence. He will eventually then be deported to El Salvador regardless of the outcome of the criminal prosecution.  Abrego Garcia never had a compelling basis for remaining in the United States. He gamed the system for years, a system that seems utterly incapable of dealing with this national emergency.

He will get due process, but make no mistake about it. Abrego Garcia is coming back, but he is not coming home.

293 thoughts on “Hard Landing: The Return of Kilmar Abrego Garcia”

  1. OT

    Maybe Kash can get rid of the FBI 302 forms used to take notes during interviews and simply record interviews the way other law enforcement do.

    It’s too easy to cheat or make mistakes and create a false narrative when only one party scribbles and controls statements. I wonder how many people have been falsely accused of lying to the FBI on the strength of a dishonest or erroneous 302?

    I can’t think of any honest reason why they wouldn’t record statements the way others do.

    1. A number of years ago, I recounted the actions of an attorney when the FBI came to interview him. He put a tape recorder on and then, while they were talking, put the recorder on the desk. The FBI officer told him to turn it off and he told them on tape how willing he was to talk to them but wouldn’t do so unless they permitted him to tape the interview. They left.

  2. When are we getting an update on Musk’s nomination for a Presidential Freedom Award?

  3. In Seville all men are clean shaven.
    The Barber of Seville shaves all men who do not shave thmselves.
    Who shaves the Barber of Seville?

    1. The Barber shaves himself. You didn’t say those were the *only* men he shaves.

      Unless the barber is a woman, in which case the question is moot.

    2. The Barber of Seville shaves himself, given your facts. Nothing excludes this.

      1. ^^ the barber is a woman. There aren’t identifiers such as he indicating the barber is a man. Since the barber is trans she is Barbara of Seville and shaves herself after hours when she’s a housewife.

  4. “Kilmar Abrego Garcia initially expressed fear about returning to El Salvador due to potential gang violence, but later stated he was not afraid before his deportation. This change in his stance has raised questions about the credibility of his earlier claims.” Kilmar had a rival gang member’s Mother killed! Killmore?

    1. According to his own pleadings, entire family moved to Honduras long time ago, where they live. No “business” to extort by rival gangsters.

      1. *. There are millions of Abrego Garicas from the 3rd world and worse. El Salvador was one of the worst and with its mega prison a close eye must be kept. The US border must be militarized now. These are violent gangs.

        Garcia has never lived an ordinary life with laws and rules. He has always lied and cheated and thinking nothing of private property entered illegally or overstating with expired temporary license. It’s all he’s ever known. How to make a quick buck and doing what you gotta do. He’s not bright imagining he could take on DHS and demand via error his rights.

        He demanded with a host of others and spending other people’s money of course, causing chaos and time for DOJ to have his day in court. The record has been unsealed and he is returning for the prosecution he fondly desired. Be careful what you wish for.

        You Americans and others are so egocentric you think everyone is as you are. They aren’t.

        You don’t understand do unto others. Do unto others what you (a moral person) would have done unto you. Abrego will get exactly what he deserves because of what he did unto others. He’ll be yesterdays news.

        Your egocentrism is stunning.

  5. We exported the Message, and imported Counter-Revolution.
    Just Say’in – That’s just the way it is. It came from the Inside >Out

  6. Jonathan: You assume facts not in evidence. You say “Obrego Garcia is returning not for a removal hearing, but for a trial that could result in a lengthy prison sentence, followed by immediate removal back to El Salvador”. What you omit is that OG is now a criminal defendant entitled to the presumption of innocence. Pam Bondi’s DOJ now has the burden of proving beyond a reasonable doubt that OG was part of some plot to transport gang members from place to place within the US. Based on the few facts we know from reporting so far it’s not clear the DOJ can meet its burden.

    For purposes argument suppose DOJ can’t meet its burden and OG is found innocent? He can still be brought before an immigration judge to seek his removal. But on what basis? In 2019 an immigration judge found OG had a legitimate fear of persecution if sent back to El Salvador and ordered he not be sent back. It was this order the DJT regime violated when it put OG on that plane to CECOT without affording him of his due process rights.

    It will be interesting to see how Judge Xinis responds to the latest developments in the case. For months DOJ attorneys have told the judge the US government did not have the power to return OG. Yet he is back. When a DOJ lawyer lies to a federal judge that can serious adverse consequences for the lawyers, like criminal contempt or loss of bar licenses.

    It’s pretty clear why AG Bondi decided to bring OG back. Her DOJ attorneys were facing criminal contempt for refusing to follow Xinis’s orders. Putting a DOJ lawyer in jail would not look good in the court of public opinion. That’s why Bondi opted to criminally charge OG as a way of saving face. Bringing a politicized criminal case against OG under these circumstances can not end well for the regime. That’s probably why the Chief of the Criminal Division of the US Attorney’s Office in Nashville resigned in protest rather than prosecute this sham of an indictment!

    1. ‘Dennis,’ Do the people who are paying you to write such creative absurd (..too absurd to even be able to finish reading your postings….) whimsical fanstasy to play-challenge Prof. Turley also supply you with the stuff that keeps you high as a kite.. enough to be so entertaining…?

    2. While you have made a number or errors in your post – such as the claim Garcia was barred from being deported to El Salvador.

      George in a wonderful self own linked to the actual decision – but apparently did not read the conclusion.

      Garcia was barred from being removed to Guatemala – where his family resided at the time, because of fear that if he was returned a rival gang would cause harm to HIS FAMILY. The one that was living in GUATEMALA at the time.

      Absolutely DOJ will have a higher burdern to meet in a criminal case, and Garcia gets a presumption of innocence.
      Against that we have now a mountain of evidence.

      I suspect DOJ is looking forward to procesuting. They are now charging atleast a thousand counts of trafficking.
      They are claiming he transported minors, and terrorists from the souther border all over the US.
      That he was paid by MS-13 to do this.
      That he raped several of those he was transporting – including I beleive a 13yr old.
      It has been reported tht DOJ was able to flip several coconspirators to get LOTS of testimony AND information on Garcia.
      DHS/DOJ may even grant several of his victimums assylum to secure their damning testimony.

      Regardless, The Trump administration will politically benefit from a very public criminal trial with a long list of charges against Garcia outside of a left wing nut jurisdiction.

      Democrats will have alot of Crow to eat.
      It sucks being you.

      The traffic Stop in Tenesse a could of years ago with body cam video gives DOJ the ability to charge Garcia with Trafficking in TN.

      In a normal world this should end the case before Xinis – Jursidiction is not TN not MD
      And it is not coming back.

      You are also likely correct that Judge Xinis may be mad as a hornet.

      She order constant updates on what was occuring regarding Garcia – and it is self evident at this time that DOJ completely sand bagged her.
      It appears they did NOT inform her they were building a criminal case, and that they intended to remove Garcia and try him in Tennessee.
      it is probable had she know that she would have issued more lawless oders and required his return to MD.

      That is highly unlikely now.

      BTW Xinis has the same grounds for a contempt REFERAL as she had before. Nothing has changed – the DOJ and the rest of the executive have CLEARLY not been complying with her lawless orders.

      “For purposes argument suppose DOJ can’t meet its burden and OG is found innocent?”
      ROFL

      DOJ would not have brought him back except to conduct a very public and brutal dismembermet of left wing nut nonsense.

      “He can still be brought before an immigration judge to seek his removal. ”
      Maybe, but not necescary, There is already a removal order. One that Garcia lost the right to appeal years ago.

      “But on what basis?”
      Read the IJ court order that George self owned in posting. The basis for removal is in there.

      “In 2019 an immigration judge found OG had a legitimate fear of persecution if sent back to El Salvador and ordered he not be sent back.
      No the judge found that his FAMILY had a legitimate fear of persecution if he was sent to GUATEMALA where they resided at the time.
      Again read the actual order.

      “It was this order the DJT regime violated when it put OG on that plane to CECOT without affording him of his due process rights.”
      He had full due process. He had 3 separate hearings. He was found deportable at all 3.
      He was found to be a gang banger at all 3.
      At the LAST hearing and only the last, his deportation order was modified to prevent deporting him to GUATEMALA – to protect his family.

      While I think DOJ will enjoy many positive news cycles showing Garcia the rapist, traficker, gang banger to the world,

      DOJ could drop the criminal charges in TN tomorow, and deport him back to El Salvador tomorow.

      I doubt they will do that. But they could.
      Garcia has been returned to the US he currently is imprisoned awaiting trial in TN.
      Judge Xinis no longer has jurisdiction.

      “It will be interesting to see how Judge Xinis responds to the latest developments in the case. For months DOJ attorneys have told the judge the US government did not have the power to return OG. Yet he is back. When a DOJ lawyer lies to a federal judge that can serious adverse consequences for the lawyers, like criminal contempt or loss of bar licenses.”
      Her response MUST be simple – she MUST drop the case for lack of jurisdiction.

      Garcia has been indicted in TN and extradited to TN. She no longer has any authority over him, the federal counts in TN do.

      “It’s pretty clear why AG Bondi decided to bring OG back.”
      No it is not. I can speculate. You are speculating – badly.

      My “speculation” is that The Trump administration was afraid of the political consequences of Xinis gooing off the rails and holding DOJ in contempt.
      That would likely result in a week of bad news stories and it MIGHT swing some moderates.

      The actual legal jeophardy was ZERO.

      Louis Lerhner and AG Holder were refered to DOJ for criminal contempt.

      Did you see DOJ prosecute ?

      DOJ would ignore Xinis referal for contempt.
      Now instead of a week of bad news stories about a legally meaningless finding of contempt.
      DOJ will get several months of stories about how horrible Garcia is with the implication of why were people like you defedning him.

      “Putting a DOJ lawyer in jail would not look good in the court of public opinion.”
      No one was going to jail. But you are correct that a contempt order would have an effect on public opinion.

      But this removes Xinis from the case.
      It is likely she will kick and scream first, but she is ultimately gone.

      ” That’s why Bondi opted to criminally charge OG as a way of saving face.”
      Possibly – with the double benefit of getting the oportunity to have democrats lose face.

      ” Bringing a politicized criminal case against OG under these circumstances can not end well for the regime”
      What is “politicized” ? The question in court will be did Garcia committ the crimes charged – that is it.
      All the politics are irrelevant.

      “That’s probably why the Chief of the Criminal Division of the US Attorney’s Office in Nashville resigned in protest rather than prosecute this sham of an indictment!”
      I am sure that Bondi is working hard to give left wing nuts in DOJ plenty of oportunity to resign.

      I highly doubt he was going to prosecute regardless. My guess is this will be handled by US attorneys close to Patel and Bondi and run from main justice.
      Bondi is not going ot allow another fiasco where a left wing nut in the OJ lies to the courts leaving DOJ stuck with lots of bogus factual findings.

      1. John Say, Lin, OldManFromKS, the right annony,
        Whew! What a take down of the slow and dumb one! You really owned him! Well done!

  7. There was some discussion earlier of the ten commandments, with one commenter suggesting there were really 15. According to the most reliable historical sources, here’s what happened:

    Moses came down from Mount Sinai and told the Israelites he had some good news and some bad news. “The good news,” he continued, “is that I got him down to 10. The bad news – adultery stays.”

    1. *. Simone Biles is giving Riley Gaines a real tongue lashing over trans athletes in women’s sports. I guess trans can enter all women’s sports including gymnastics. Wimbledon should be a hoot.

      Anyway, on the Ames case, vacate and remand for extra burden of evidence. What’s next?

      Ya gotta laugh a little.

  8. President Lincoln was a great president.

    Precedent is an established rule or authority.

    President Lincoln imposed martial law.

    President Lincoln suspended habeas corpus.

    President Trump must soon impose martial law and suspend habeas corpus—as did Lincoln—to suppress the coordinated rebellion of the juristocracy, sanctuary cities, doxers, ICE rioters et al., and those who would incite the same, such as “8647.”

  9. When are we going to get an update on Musk’s nomination for the Presidential Freedom Award? Wonder if Musk has more to fear from vengeful Democrats or a vengeful TACO Don?

  10. This move by the DOJ is one of the greatest Chess moves against a tyrannical Judge (Boseberg) in the history of the DC Circus Courts existence! Van Hollen and Jeffries did an excellent job of providing the evidence!!! Not their intent!

    1. How is this a move against Boasberg ????
      Boasberg ordered that Garcia be returned in order to exercise his rights to due process in court.
      That is exactly what is happening.
      Boasberg did NOT order that AG be released from custody.

  11. The Administration needs to make an example out of that guy. There should be no plea deal; he should do a long sentence. That will discourage many other illegals who have committed crimes from burdening the judicial system, so that removal will not be bogged down and as many illegals as possible will leave or be removed from the country. It may also discourage the Dems and the Left from insisting on “due process” at the drop of a hat when it makes no difference to the ultimate outcome. The Dems broke the system. The Biden Administration was essentially carry out an illegal policy. I believe that the illegals who came in under an unlawful policy should not be allowed to take advantage of it. Otherwise, as soon as the Democrats get back in control, they will do it again.

    1. What Biden and Mayorkas did to the border is the worst crime ever committed against America. They should both be in prison for life.

        1. I believe you’re right. I recall him saying that was the main reason he decided to run again, and his 2024 campaign made border security a major focus, if not the primary focus.

      1. ALL IN JAIL , AND ALL WHO ASSISTED, AND CONCURRED WITH 20MILLION NEW DEPENDENTS FOR US TO SUPPORT,
        WHEN WILL THEY ALL BE SELF SUFFICIENT?

  12. When are the voters going to come to their senses and take back their country? This is like living in the twilight zone.

    1. *. Sorry, Bob, not going to happen. The twilight zone is Barry Sotero’s transformation. Swell isn’t it…

  13. *. Mr. Garcia will be brought back and make a plea deal. He’ll then be deported.

    None of this would have happened if immigration had not been turned into a game of tag. Instead of shouting NOT IT, it became ASYLUM.

    Apprehend and deport. Due process is show a valid passport and visa.

    Those with green cards or student visas and a myriad of others may be entitled to a hearing.

  14. Any chance that this Garcia fellow can get low bail and release to a new halfway house in Boasberg’s neighborhood?

    Failing that how about Van Hollen’s?

  15. Every American should be carrying a pistol and concealed weapon permit if required by their state

    FBI Director Kash Patel stated on Joe Rogan he was swatted yesterday

    1. End the proliferation of SWAT teams.

      Most of the time there is no legitimate need for them so they tend to be called up only to justify their expense or, worse, to score publicity or political points. They become a danger to a civil society. The insane and vicious raid on Mar a Lago is a case in point.

      Meanwhile, actual criminals are given a pat on the back and released into the community.

  16. Real genuine Conservatives used to strongly support something called a “Suppression Hearing” in court cases.

    The conservative concept was if the police chief or prosecutor obtained evidence illegally (violating the 4th Amendment, violating higher court rulings or violating local, state or federal laws). That illegally obtained evidence was thrown out by the judge, it couldn’t be used in court.

    For example:
    Hypothetically let’s say Pam Bondi or an immigration official violated U.S. Supreme Court rulings like the “Carpenter v. U.S.” Specifically the “personal mapping” clause of the “Carpenter” ruling.

    If Pam Bondi or an immigration official didn’t obtain a judicial search warrant to perform longterm surveillance – not even a physical search but the surveillance itself – a judge should throw out all of that illegal surveillance. Hypothetically speaking if Bondi violated the “Carpenter” ruling.

    If hypothetically, Bondi or an official did break the law during surveillance, that evidence must be revealed to the judge.

    1. Long term surveillance is allowed. Just certain ways of doing surveillance are prohibited by Carpenter. Your comment is too general to assert the government violated Carpenter.

      Also you just make shit up about what conservatives think about the suppression of evidence of guilt. Conservatives have long expressed reservations about the idea that if the constable blunders the criminal should go free. Suppression will be a fact of life forever most likely, but your attempt to portray conservatives as inconsistent is lame-o.

  17. Kamala Toe Joe – It’s when your Depends get all bunched up between your butt cheeks whilst the back of your Gown is open and derrière on display for all to see as you slide your tray down the breakfast line. While the other bemused nursing home Residents smile with pronounced enthusiasm before you can sit down at your usual table. All this as Nurse Ratched (Dr. Jill Biden) stands resolute with her arms crossed glaring un-amusingly at the whole scene.

    Will somebody please get me outta this Cuckoo’s Nest! They’re going to put me in a shared room with James Comey!!!

    R.I.P.: Louise Fletcher (July 22, 1934 – September 23, 2022) a.k.a. Nurse Ratched
    https://en.wikipedia.org/wiki/Louise_Fletcher

  18. Biden’s FBI Ordered TN Highway Patrol to Release ‘Maryland Man’ Recently Deported to El Salvador After He Was Detained in 2022 Traffic Stop on Suspicion of Human Trafficking

    BIDEN administartion is to BLAME as USUAL!!

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