Just as we’ve predicted for months on end — we’ve now finally arrived at… justice, in Music City. Well done, USDC Judge Waverly Crenshaw! He is a free man.

And now, very shortly in Maryland, the able USDC Judge Xinis is likely to rule that ICE/DHS possesses no right to deport him, in any event. Not without an all new set of proceedings — and its specious claim to be able to remove him to Liberia or the Sudan… is going to fall apart.

There is no procedural hook, upon which to hang it. And his own suit against the government agencies — for their attempt to punish him for having the temerity to assert his Constitutional rights… just got a BIG boost, from the Nashville dismissal. Excellent. Here’s that well-reasoned, careful… and precise opinion, just entered:

…[T]he Court must consider the full evidentiary record to determine if the Government has carried its burden of rebutting the presumption of vindictiveness.

In short, the timing of Agent VanWie’s decision to reopen the closed HSI investigation of the November 2022 traffic stop and [Now Acting US AG Todd] Blanche’s now unrebutted public statements tying the reopened investigation to Abrego’s successful lawsuit taints the investigation with a vindictive motive. That vindictive taint continued with Singh’s close substantive oversight of McGuire’s and his prosecution team’s work leading to the indictment. Finally, after the indictment was presented, the Executive Branch found a way to return Abrego to the United States to comply with the District of Maryland’s order to facilitate his return. While the Court finds insufficient evidence of actual vindictiveness, the Court concludes that the Government has failed to rebut the presumption of vindictiveness. The evidence it labels as newly discovered was available to be obtained with due diligence long before April 2025.

Even more, it does not explain the Government’s change in position to remove Abrego and not prosecute him to then prosecute and not remove him. McGuire’s subjective explanations also do not cure the retaliatory taint that set the investigation and resulting indictment in motion.

Because the presumption of vindictiveness remains unrebutted, the indictment must be dismissed….

The Government chose to pursue that evidence only after Abrego’s successful lawsuit and the ongoing requirement to report daily to Judge Xinis on efforts to return Abrego to the United States. This supports the inference that the Government would not have reopened the investigation or secured testimony from Hernandez-Reyes but for Abrego’s successful lawsuit. Bragan, 249 F.3d at 481 (citing Adams, 870 F.2d at 1145); see also Carey, 816 F. Supp. 3d at 141–42….

The evidence before this Court sadly reflects an abuse of prosecuting power….

Since he is now a free man, he may choose — on his own — without fear, to move his family to Costa Rica — until Tangerine 2.0’s time is at an end. And he may return with his US Citizen wife, without any trouble then — in early 2029. I think that might be where he lands. In any event, this is an important victory… for justice, without fear or favor in the US. A long time coming, but the right result. And yes, just to avoid more vindictive BS, I might counsel a voluntary move…. to the island nation, temporarily.

Onward, grinning.

नमस्ते