NBC News: The questions raised by the new charges against Kilmar Abrego Garcia

POSTED BY: 6ixStringJack
UPDATED: Monday, June 9, 2025 17:17
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6IXSTRINGJACK

Sunday, June 8, 2025 10:40 PM

The potential political fallout for Democrats and why a federal prosecutor resigned days before the indictment remain unanswered.

https://www.nbcnews.com/news/us-news/kilmar-abrego-garcia-questions-rc
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The sudden return of Kilmar Abrego Garcia to the United States on Friday to face federal charges of smuggling migrants across the country was a messaging triumph for the Trump administration.

The news deflected public attention from a series of unanimous court rulings — including a Supreme Court decision — that President Donald Trump did not have the power to unilaterally detain and deport individuals to foreign prisons without a review by a judge.

And the allegations against Abrego Garcia are damning. A federal grand jury found that the 29-year-old was an MS-13 member who transported thousands of undocumented immigrants, including children, from Texas to states across the country for profit for nine years. He allegedly also transported firearms and drugs, abused female migrants and was linked to an incident in Mexico where a tractor-trailer overturned and killed 50 migrants.

Simon Sandoval-Moshenberg, a lawyer representing Abrego Garcia, said Saturday that he planned to meet his client for the first time on Sunday, but declined to further comment.

A former senior law enforcement official who spoke on condition of anonymity, citing fear of retaliation, said he was struck by the large amount of resources the DOJ put into investigating Abrego Garcia.

"They came hard at a relatively low level guy, which does not necessarily make it improper — just odd. Perhaps they wanted the last word, which seems childish," said the former official. "Typically, you work up the chain; not down it. That said, at least he gets his due process rights this time around."

In a telephone interview with NBC News’ Kristen Welker on Saturday, Trump hailed Abrego Garcia’s indictment and predicted it would be easy for federal prosecutors to convict him. “I think it should be,” he said. “It should be.”

Multiple questions about Abrego Garcia, the case against him, and the political fallout remain unanswered.

Will Democrats pay a political price?

For months, Abrego Garcia’s lawyers, his wife, and some Democrats, have denied that he was an MS-13 gang member. They generally portrayed him as a Maryland construction worker and claimed he was transporting co-workers when a Tennessee state trooper stopped him on Interstate 40 on Nov. 30, 2022.

The indictment paints a different picture: Abrego Garcia was transporting nine Hispanic males without identification or luggage in a Chevrolet Suburban. Prosecutors allege he “knowingly and falsely” told the trooper they “had been in St. Louis for two weeks doing construction” and were returning to Maryland.

However, license plate reader data showed that the Suburban had not been near St. Louis for 12 months. Instead, it had been in Houston where, according to prosecutors, Abrego Garcia had picked up the men. The vehicle was not carrying tools or construction equipment, but its rear cargo area had been modified with makeshift seating to transport more passengers.

The apparent strength of the government’s case could reignite debate among Democrats about the risks of focusing on Abrego Garcia’s case. For weeks, Sen. Chris Van Hollen, D-Md., and other Democrats emphasized that their criticism targeted Trump’s decision to unilaterally deport Abrego Garcia without judicial oversight, not a defense of Abrego Garcia himself.

When Kristen Welker of NBC News asked Trump about Van Hollen, the President mocked the senator and said defending the Abrego Garcia would backfire on Democrats.

“He’s a loser. The guy’s a loser,” Trump said, referring to Van Hollen. “They’re going to lose because of that same thing. That’s not what people want to hear. He’s trying to defend a man who’s got a horrible record of abuse, abuse of women in particular.”

Van Hollen defended his stance in a CNN interview. “You know, I will never apologize for defending the Constituti

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