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Year: 2026

Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges

Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges

A federal prosecutor acknowledged Thursday that the decision to charge Salvadoran migrant Kilmar Abrego Garcia two years after a routine traffic stop was “extraordinary,” while defending the human smuggling case as legally justified. Abrego Garcia, 31, has become a flashpoint in the national immigration debate since last March, when he was deported to El Salvador in violation of a 2019 court order in what Trump administration officials acknowledged was an “administrative error.”  The Supreme Court later ruled that the administration had to work to bring him back to the U.S. After returning in June, Abrego Garcia was taken into federal custody in Nashville and detained on human smuggling charges stemming from a 2022 traffic stop in Tennessee. He has pleaded not guilty and is seeking dismissal of the charges on the grounds of vindictive and selective prosecution. JUDGE ORDERS MIGRANT DEPORTED IN ‘ERROR’ FREE FROM ICE CUSTODY WITH CRIMINAL CASE LOOMING A 2019 court order prevents Abrego Garcia from being deported to El Salvador after an immigration judge determined he faced danger from a gang that had threatened his family. He immigrated to the U.S. illegally as a teenager and has been under the supervision of Immigration and Customs Enforcement (ICE).  Abrego Garcia was accused in court records of repeated domestic violence against his wife, who alleged multiple incidents of physical abuse in protective order filings. She later withdrew the protective order request and has defended her husband publicly.  The Department of Homeland Security has also said he was living in the U.S. illegally and has alleged ties to MS-13, disputing portrayals of him as simply a “Maryland man.” His attorneys have denied the gang allegations. Tennessee Highway Patrol body camera footage from when Abrego Garcia was pulled over for speeding shows a calm exchange with officers. While officers discussed suspicions of smuggling among themselves — noting there were nine passengers in the vehicle — Abrego Garcia was issued only a warning. TENNESSEE BODYCAM OF ‘MARYLAND MAN’ TRAFFIC STOP SHOWS TROOPERS’ HANDS TIED DESPITE SMUGGLING CLUES First Assistant U.S. Attorney for the Middle District of Tennessee Rob McGuire, who was acting U.S. attorney in April 2025, testified Thursday that his decision to charge Abrego Garcia was based on the evidence. “I had previously prosecuted several human smuggling cases,” McGuire said, noting that after seeing video of the traffic stop, “I was immediately struck by how similar what was being depicted in the body cam was to those investigations.” McGuire said Abrego Garcia’s vehicle belonged to someone with “a human smuggling background” and added that the route was “suspicious.” “It was a large number of individuals traveling in one SUV with a driver who spoke for the group. No one had luggage… the car had Texas plates… the route was suspicious,” McGuire said. DEM JUDGE IN HOT SEAT AFTER DHS EXPOSES ‘WHOLE NEW LEVEL’ OF ACTIVISM, SHELTERING ILLEGAL IMMIGRANT During cross-examination, McGuire acknowledged that the timing of the charges, coming so long after the traffic stop, was “extraordinary.” He said he had not previously been aware of the traffic stop but reiterated that nobody in the Trump administration, including the White House or the Department of Justice, pressured him to seek the indictment. When asked about whether he might have felt pressure to prosecute the case, McGuire said, “I’m not going to do something that is wrong to keep my job.” DHS OFFICIAL RIPS KILMAR ABREGO GARCIA FOR ‘MAKING TIKTOKS’ WHILE AGENCY FACES GAG ORDER McGuire also said timing factored into charging Abrego Garcia since he was being held in El Salvador and he did not want the indictment to go public before all senior officials were briefed on the matter. “I knew from the get-go that this was going to be a controversial matter,” McGuire said. U.S. District Judge Waverly D. Crenshaw did not make a ruling Thursday and said he would wait to receive post-hearing briefs from attorneys by March 5 before determining whether another hearing is necessary. Crenshaw previously found some evidence that the prosecution “may be vindictive” and that prior statements by Trump administration officials “raise cause for concern.” Thursday’s court appearance came after a federal judge blocked the Trump administration from re-arresting Abrego Garcia into federal immigration custody on Feb. 17. Fox News Digital’s Breanne Deppisch and Jake Gibson, and The Associated Press contributed to this report.

Trump pushes Congress to pass SAVE Act during State of the Union; no meddling with tariffs

Trump pushes Congress to pass SAVE Act during State of the Union; no meddling with tariffs

State of the Union speeches are all about aspirations. It doesn’t matter if you’re Reagan. Clinton, Obama, the Bush tandem or Trump. Aspirations are the quintessence of State of the Union speeches. What presidents aspire to do. And what a president wants Congress to do. All of this flows toward the ultimate of political aspirations: winning elections. Be it the next presidential election. Or, House and Senate seats during the midterms. There were two big asks — and one admonition — from President Donald Trump this week. He wants Congress to approve the SAVE Act, requiring proof of citizenship for people to vote. He wants lawmakers to pass a stock trading ban, handcuffing Congress from dealing in stocks. And the President doesn’t want Congress to meddle in tariff policy.  President Trump touted his new tariffs, arguing that they will eventually replace the nation’s income tax. This commander-in-chief has wielded executive power more broadly than any other president. So he instructed lawmakers to trade in their tariff authority. “Congressional action will not be necessary,” Trump said of his new tariffs. LIZ PEEK: AMERICA EXPECTED ONE THING FROM TRUMP’S STATE OF THE UNION. IT GOT ANOTHER The Constitution blesses Congress with the power to impose tariffs. The Supreme Court upheld that power last week. But President Trump went ahead and slapped another set of tariffs on all nations, leaning on a different law. Like most presidents, Trump wants to control legislation. That includes precluding Congress from tampering with his tariffs. However, a number of Republicans have their own aspirations: getting re-elected. That’s why some House Republicans, who believe their districts are getting hammered by tariffs, would like to reclaim that power. Or, at the very least, be on the record opposing the president. The House voted a few weeks ago to extinguish a special rule House Speaker Mike Johnson, R-La., and others put in place to block members from unwinding the tariffs for a year. Then the House adopted a plan to undo tariffs with Canada. TRUMP’S PUSH TO ‘KNOCK OUT’ FILIBUSTER GAINS NEW GOP TRACTION AS FUNDING DEADLINE NEARS But again, these are aspirations of some Republicans fed up with tariffs. The bulk of Republicans are okay with keeping them in place. And that’s exactly what Trump wants – regardless of what the Supreme Court decided. Let’s go back to Trump’s two major legislative asks in his speech. The SAVE Act is the one he really wants to be passed. This fits nicely with Trump’s narrative about illegal immigration, his claim that former President Joe Biden stole the 2020 election and voter fraud. “They want to cheat. They have cheated. And their policy is so bad that the only way they can get elected is to cheat,” said the President of Democrats during his speech. “Cheating is rampant.” TRUMP UNDERCUTS GOP PUSH TO ATTACH SAVE ACT TO SHUTDOWN BILL AS CONSERVATIVES THREATEN MUTINY A study examining election fraud by the conservative Heritage Foundation, discovered that examples of election fraud are minuscule. For instance, Pennsylvania, a swing state, has only unearthed 39 instances of voting fraud over the past three decades. The House already approved the SAVE Act. But the question is the Senate. “The Senate is working. I think every Republican over there is obviously in favor of the SAVE America Act, and they’re trying to cobble together the votes. It’s a 70% Democrat issue. It’s over 90% in some polls,” said Johnson. “Hopefully, some Democrats will come to their senses. I don’t know how they can go home to their voters and say that they were opposing that when it’s such a popular issue. So we’ll see how it goes.” See how it goes is right. It was notable that in his plea for Congressional action on the SAVE Act, Trump did not demand that senators end the filibuster. Fifty GOP senators now support the SAVE Act. But the trick is whether those who endorse the legislation can hit the magic threshold of 60 yeas. That’s the number of votes required to break a filibuster. Senate Majority leader John Thune, R-S.D., has repeatedly resisted altering the Senate’s filibuster customs and precedents to pass the SAVE Act. The bill will never become law unless the Senate changes things. And Thune reiterated his opposition to undoing the filibuster.  Sens. Mike Lee, R-Utah, Ted Cruz, R-Texas, and others have advocated a “talking filibuster.” That means senators must actually speak and hold the floor for hours on end. Otherwise, the Senate must vote. Talking filibuster proponents don’t want senators to silently object from the sidelines. That’s what compels the Senate to take procedural votes needing 60 yeas to overcome a filibuster. LEAVITT DEMANDS SENATE GOP ‘GET OFF THEIR BUTTS’ AND ABOLISH FILIBUSTER RULE TO ADVANCE TRUMP’S AGENDA “The talking filibuster issue is one on which there is not a unified Republican conference. And there would have to be (unity) if you go down that path,” said Thune. He mentioned that the GOP must “keep 50 Republicans unified pretty much on every single vote,” adding that “there isn’t the support for doing that at this point.” Fox News is also told that there is some friction between House and Senate Republicans. Some Senate Republicans don’t appreciate the House amping up pressure to ditch the filibuster. The right to filibuster is a privilege to which senators of both parties cling tightly. MARK HALPERIN: TRUMP STRATEGY SUPER SESSION PLOTS MIDTERM SURVIVAL AS HISTORY STALKS GOP Moreover, subjecting the Senate to lengthy debate could tee up amendment votes which many vulnerable senators may find unsettling. Getting them on the record on a host of controversial issues wouldn’t help the GOP ahead of the election. So, while it’s Trump’s aspiration to pass the SAVE Act, his aspirations regarding the filibuster are unclear at best. Then, there’s the aspiration about prohibiting lawmakers from trading stocks. Even Sen. Elizabeth Warren, D-Mass., stood and applauded when Trump made that entreaty. REPORTER’S NOTEBOOK: TRUMP’S STATE OF THE UNION BECOMES POLITICAL BOXING MATCH

Vulnerable House Dem lashes out at Trump’s ‘racist’ SOTU challenge: ‘That was uncomfortable’

Vulnerable House Dem lashes out at Trump’s ‘racist’ SOTU challenge: ‘That was uncomfortable’

Rep. Janelle Bynum, D-Ore., called a challenge from President Donald Trump’s 2026 State of the Union address “racist” when he asked listeners to stand if they agreed the U.S. should prioritize the safety of its own citizens over illegal aliens. “If you agree with this statement, then stand up and show your support,” Trump said. “The first duty of the American government is to protect American citizens, not illegal aliens.” Democrats remained seated for over a minute and a half as the Republican side of the chamber burst into prolonged applause. HOW ICE WENT FROM POST-9/11 COUNTERTERROR AGENCY TO CENTER OF THE IMMIGRATION FIGHT After the address, Bynum, who is on the National Republican Congressional Committee’s list of vulnerable Dem incumbents, said the moment made her uneasy. “I think you can agree with the ‘what’ — like standing up for American citizens,” Bynum said. “But I disagree with the ‘how.’ “There’s thinly veiled racist language, anti-immigrant language in what he was asking, and that was uncomfortable.” Bynum’s office did not immediately respond to a request for comment on how Trump’s challenge had asked lawmakers to discriminate on the basis of race.  TRUMP SHAMES DEMOCRATS IN VIRAL STATE OF THE UNION CHALLENGE ON MIGRANT CRIME: ‘FIRST DUTY’ Trump’s remarks to Democrats Tuesday came as a partial government shutdown drags on over demands Democrats have made to reform the agency at the heart of Trump’s immigration crackdown. Democrats are demanding a set of 10 enforcement reforms for Immigration and Customs Enforcement (ICE) and won’t vote to fund the Department of Homeland Security (DHS) until Republicans meet their demands. DHS, which oversees ICE, went into a shutdown Feb. 14. DHS SHUTDOWN DRAGS INTO WEEK TWO AS IRAN THREAT, SOTU CLASH COMPLICATE HILL TALKS Among other changes, Democrats are looking for a ban on masks, an end to roaming patrols, visible identification and stiffer warrant requirements for arresting illegal aliens in public. Republicans have dismissed those demands, arguing that Democrats must first pass legislation to restrict “sanctuary cities,” communities that have instructed their law enforcement not to cooperate with federal agents on immigration apprehensions and deportations. In a press release after the State of the Union address, Bynum, who voted against DHS earlier this year, listed Trump’s framing of his immigration crackdown among her many critiques of the address. “Tonight, I watched President Trump spend the majority of his speech lying about the state of our economy, demonizing immigrants and spewing more of the same divisive BS. I can’t say I’m surprised,” she wrote.