From the federal judge's opinion:
"The Court does not reach its conclusion lightly. The objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution. The Executive Branch closed its investigation on the November 2022 traffic stop. Only after Abrego succeeded in vindicating his rights did the Executive Branch reopen that investigation. What the Government labels as “new evidence” was not new as a matter of law. The prosecutor’s subjective good faith does not cure the retaliatory taint. Absent Blanche’s tainted investigation, Agent Saoud would not have called McGuire, Singh would not have brought him into the fold, and McGuire would not have sought an indictment against Abrego. The indictment then provided the Executive Branch cover to comply with Judge Xinis’ order to facilitate Abrego’s return to the United States as soon as possible.
Abrego’s motion to dismiss the indictment must be granted."
Retaliatory taint? Seriously? This ruling is HORSESHIT! This judge has no right to assign 'motive' on the prosecution based solely upon his unsubstantiated subjective 'opinion'. He has no evidence that the prosecution's actions were retaliatory. In fact, this type of prosecution happens all the time. There is nothing uncommon about prosecutors coming up with a second, third, or fourth charge if the first one doesn't work.
This judge is operating purely on fiat and is abusing his power as a member of the judiciary. There is zero statutory basis for his ruling - one derived solely from the mechanisms of his emotional state.
