--- title: "US Department of Justice appeals dismissal of human smuggling charges against Abrego Garcia" publication: "MediaBias News" url: "https://mediabias.news/conflict/us-department-of-justice-appeals-dismissal-of-human-smuggling-charges-against-ab" api: "https://mediabias.news/api/v1/stories/us-department-of-justice-appeals-dismissal-of-human-smuggling-charges-against-ab" markdown: "https://mediabias.news/conflict/us-department-of-justice-appeals-dismissal-of-human-smuggling-charges-against-ab.md" audio: "https://mediabias.news/api/audio/us-department-of-justice-appeals-dismissal-of-human-smuggling-charges-against-ab" category: "Conflict & Security" area: "United States" published: "2026-08-18T10:46:35.517Z" source_reported: "2026-08-18T09:52:07.466Z" updated: "2026-08-18T10:46:35.517Z" trust_score: 78 critic_score: 75 hype_score: 15 assessment_type: "coverage-and-source-reporting-analysis" fact_check_status: "not-performed" coverage_measured: "2026-08-18T10:30:19.095008+00:00" --- # US Department of Justice appeals dismissal of human smuggling charges against Abrego Garcia *A Tennessee judge ruled the prosecution was vindictive after Abrego Garcia won his wrongful deportation case* **Scores for the source reporting** (0-100, assessing the original journalism this article was written from, not this write-up): - Trust 78 of 100, higher is better. Two full reports corroborate key facts; digests agree on central claim. - Craft 75 of 100, higher is better. Quotes from both sides and clear separation of fact/comment. - Hype 15 of 100, lower is better. Headlines are factual and proportionate to the body text. Scored by MediaBias News; method at https://mediabias.news/methodology. **The short version** - The US Department of Justice asked a federal appeals court to reinstate human smuggling charges against Kilmar Abrego Garcia on 17 August 2026. - A Tennessee judge dismissed the charges in May 2026, ruling the prosecution was vindictive and selective after Abrego Garcia won his wrongful deportation case. - The DOJ argues the prosecution was based on evidence and legal grounds, while Abrego Garcia’s defence claims it was ordered by the White House. - The case turns on whether the prosecution was retaliatory, with the appeals court now to decide whether to restore the charges. The US Department of Justice asked the US Court of Appeals for the 6th Circuit on 17 August 2026 to reinstate human smuggling charges against Kilmar Abrego Garcia. A federal judge in Tennessee dismissed the charges in May 2026, ruling the prosecution was vindictive and selective. The judge cited statements by then-Deputy Attorney General Todd Blanche as evidence the case was brought in retaliation for Abrego Garcia’s successful lawsuit challenging his wrongful deportation. Abrego Garcia, a Salvadoran national, was deported to El Salvador in March 2025 under the Trump administration, despite a court order blocking his removal. The Supreme Court later ordered his return to the US. Prosecutors charged him with human smuggling in 2026, based on a 2022 traffic stop in Tennessee where officers suspected smuggling but let him leave with a warning. The case began two and a half years after the stop. The DOJ argues the prosecution was based on evidence and legal grounds, not retaliation. In a filing, it said the decision to seek an indictment was made by career prosecutors and that the Tennessee judge’s ruling expanded judicial power to dismiss charges based on prosecutors’ motivations. Abrego Garcia’s defence team calls the prosecution vindictive and claims it was ordered by the White House after he won his Supreme Court case. ## What the coverage left out None of the right-rated digests mentioned Judge Crenshaw’s finding that the prosecution was vindictive or his citation of statements by then-Deputy Attorney General Todd Blanche. The Washington Examiner digest did not name the judge’s ruling as vindictive, instead describing it as an improper second-guessing of prosecutors. None of the centre-rated digests carried the defence team’s claim that the White House ordered the prosecution. ## Who covered it Shares of the 8 covering outlets with a published leaning rating: - Left: 13% (1) - Centre: 37% (3) - Right: 50% (4) 3 of 11 covering outlets carried no usable leaning rating and were excluded from those percentages. Coverage measured 2026-08-18T10:30:19.095008+00:00. **Coverage watch:** developing. Checked 1 time; 0 checks found a material change. Most recently checked 2026-08-18T11:00:44.564Z. ## How the sides framed it ### Left - The left-rated report, published by WPLN, led on the Trump administration’s appeal and the judge’s ruling that the prosecution was retaliatory. It quoted Judge Waverly Crenshaw’s statement that the government would not have brought the case if Abrego Garcia had not successfully challenged his deportation. The report also noted concerns that the administration might deport Abrego Garcia to a third country before his trial. ### Centre - The three centre-rated digests and the full report in Live Mint led on the DOJ’s appeal and its argument that the prosecution was based on evidence, not vindictiveness. Live Mint quoted the DOJ’s statement that the indictment was sought by career prosecutors based on proof beyond a reasonable doubt. It also carried Judge Crenshaw’s ruling that the prosecution was selective and vindictive, and quoted Abrego Garcia’s defence team calling the case politically motivated. - CBS News and Forbes digests noted the judge’s dismissal of the charges and the DOJ’s appeal. None of the centre-rated digests mentioned the defence team’s claim that the White House ordered the prosecution. ### Right - The four right-rated digests led on the DOJ’s appeal and framed the judge’s dismissal as an overreach. The Washington Examiner digest described Judge Crenshaw as an Obama-appointed judge who improperly second-guessed prosecutors. It also called the dismissal an intrusion on executive authority. Fox 17, WHAM and ussanews.com digests carried only the DOJ’s appeal and the fact the charges were dismissed, without additional context. ## Factuality profile of the covering outlets These are published factuality ratings of the outlets, not a verdict on whether this story or its claims are true. - low: 1 - mixed: 1 - high: 4 - unknown: 3 - veryHigh: 2 ## Verification scope This page compares coverage and scores the source reporting. It is not a ClaimReview verdict on whether the underlying event or claim is true. ## Original reporting this was written from - [Forbes](https://forbes.com/sites/siladityaray/2026/08/18/doj-asks-court-to-reinstate-charges-against-mistakenly-deported-man-kilmar-abrego-garcia) — DOJ Asks Court To Reinstate Charges Against Mistakenly Deported Man Kilmar Abrego Garcia - [Live Mint](https://livemint.com/news/us-news/us-doj-asks-federal-appeals-court-to-restore-human-smuggling-charges-against-kilmar-abrego-garcia-heres-why-11787030174613.html) — US DOJ asks federal appeals court to restore human smuggling charges against Kilmar Abrego Garcia: Here's why - [TownFlex](https://townflex.com/doj-fights-to-revive-smuggling-case-against-wrongfully-deported-salvadoran-man) — DOJ Fights to Revive Smuggling Case Against Wrongfully Deported Salvadoran Man - [Washington Examiner](https://washingtonexaminer.com/news/justice/4690689/trump-doj-obama-judge-abrego-garcia-case) — DOJ urges appeals court to revive Abrego Garcia human smuggling case - [CBS News](https://cbsnews.com/news/doj-asks-court-reinstate-charges-kilmar-abrego-garcia) — Justice Department asks court to reinstate criminal charges against Kilmar Abrego Garcia - [WPLN — Nashville Public Radio](https://wpln.org/post/trump-admin-wants-to-restart-prosecution-of-abrego-garcia) — Trump admin wants to restart prosecution of Abrego Garcia - [lanoticiasv.com](https://lanoticiasv.com/ee-uu-apela-y-busca-reactivar-acusacion-por-trafico-de-personas-contra-abrego-garcia) — U.S. Appeals and Seeks to Reactivate Indictment for Human Trafficking Against Abrego García - La Noticia SV - [Conservative News Daily](https://conservativenewsdaily.net/breaking-news/doj-urges-appeals-court-to-revive-abrego-garcia-human-smuggling-case) — DOJ urges appeals court to revive Abrego Garcia human smuggling case - [Fox 17](https://fox17.com/news/local/federal-prosecutors-appeal-kilmar-abrego-garcia-human-smuggling-case-sixth-circuit-nashville-tennessee-dismissed-indictment-vindictive-prosecution) — Federal prosecutors seek to revive Abrego Garcia human smuggling case - [WHAM](https://13wham.com/news/nation-world/federal-prosecutors-appeal-kilmar-abrego-garcia-human-smuggling-case-sixth-circuit-nashville-tennessee-dismissed-indictment-vindictive-prosecution) — Federal prosecutors seek to revive Abrego Garcia human smuggling case - [ussanews.com](https://ussanews.com/2026/08/17/doj-asks-appeals-court-to-reinstate-criminal-charges-against-abrego-garcia) — DOJ asks appeals court to reinstate criminal charges against Abrego Garcia ## Questions **Why did the judge dismiss the human smuggling charges against Abrego Garcia?** Judge Waverly Crenshaw dismissed the charges in May 2026, ruling the prosecution was vindictive and selective. He cited statements by then-Deputy Attorney General Todd Blanche and said the case would not have been brought if Abrego Garcia had not successfully challenged his wrongful deportation. **What does the DOJ argue in its appeal?** The DOJ argues the prosecution was based on evidence and legal grounds, not retaliation. It said the indictment was sought by career prosecutors who believed there was proof beyond a reasonable doubt. The DOJ also called the judge’s ruling an expansion of judicial power to dismiss charges based on prosecutors’ motivations. **What did Abrego Garcia’s defence team say about the prosecution?** Abrego Garcia’s defence team called the prosecution vindictive and claimed it was ordered by the White House after he won his Supreme Court case. They said the evidence showed the case was retaliatory and that the DOJ refused to call key decision-makers, including Todd Blanche, to testify. **Which outlets reported the defence team’s claim that the White House ordered the prosecution?** Live Mint and WPLN reported the defence team’s claim that the White House ordered the prosecution. None of the centre-rated or right-rated digests carried this detail. --- MediaBias News — https://mediabias.news. Reproduced from https://mediabias.news/conflict/us-department-of-justice-appeals-dismissal-of-human-smuggling-charges-against-ab. Please cite as: MediaBias News, "US Department of Justice appeals dismissal of human smuggling charges against Abrego Garcia", https://mediabias.news/conflict/us-department-of-justice-appeals-dismissal-of-human-smuggling-charges-against-ab