Fed up judge deals Trump major loss in landmark case - Brian Tyler Cohen
Legal Breakdown episode 669: Trump loses yet another case on Kilmar Abrego Garcia.
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Here are the key points from the video:
- Abrego Garcia wins in court: A federal judge in Maryland (Judge Xinis) ruled that ICE may not re-detain Kilmar Abrego Garcia, a Venezuelan immigrant previously deported to El Salvador in violation of his due process rights.
- Vindictive prosecution claim: The Trump administration brought criminal charges against Abrego Garcia based on a 2021 Tennessee traffic stop that resulted in zero charges or tickets at the time widely characterized as a retaliatory move.
- Costa Rica offer withdrawn: Abrego Garcia agreed to be deported to Costa Rica, but the Trump administration rescinded the offer after he refused to plead guilty to the Tennessee charges, which the judge highlighted as evidence of vindictive conduct.
- Tennessee dismissal motion: The Maryland judge's language about vindictive conduct is expected to strengthen Abrego Garcia's motion to dismiss the Tennessee criminal case, which could mark the first Trump-era case dismissed on vindictive prosecution grounds.
- Broader legal implications: While not binding precedent, a dismissal ruling would serve as persuasive "atmospheric" precedent in future cases involving alleged Trump DOJ targeting (e.g., Comey, Letitia James, Jerome Powell).
- Courts holding firm: The hosts conclude that federal judges are broadly pushing back against the administration's actions, and Abrego Garcia's fight is framed as a broader symbol of resistance.