Lawyers representing Salvadoran immigrant Kilmer Abrego García have issued a subpoena to Deputy Attorney General Todd Blanche, demanding he testify regarding the government’s investigation and criminal case against García, which took place while he was detained in El Salvador this year. This indicates an impending courtroom battle in Nashville next month, where Abrego-García aims to have the criminal charges dismissed, arguing they stem from retaliatory and selective prosecution.
According to a court filing on Wednesday, Blanche is among at least five officials summoned by García’s legal team for a two-day evidentiary hearing. The list also includes two members of Congress associated with Blanche and two officials from the Department of Homeland Security.
Justice Department attorneys intend to request that a judge invalidate the subpoenas, thereby preventing these officials from testifying.
Earlier this month, U.S. District Judge Waverly Crenshaw determined that García’s defense had presented a “realistic possibility” of vindictive motives behind the criminal case initiated by the Justice Department during his detention. He has scheduled a new discovery and hearing for the first week of November.
Blanche’s name was specifically mentioned multiple times in Crenshaw’s ruling, signaling potential complications for the Trump administration as it seeks to contest the subpoenas. The judge referenced remarks made by Blanche, including a June interview where he mentioned that García was extradited to the U.S. on a Tennessee warrant instead of a federal judge’s order from Maryland. Crenshaw pointed out that this may serve as direct evidence of a desire for retaliation.
For now, Abrego-García will remain in custody while awaiting the hearing, as advised by the judge.
It’s known that dismissing cases based on claims of selective or retaliatory prosecution is quite challenging, and relatively few reach the discovery phase. Legal precedents require defendants to demonstrate that the prosecutor displayed genuine hostility during prosecution and specifically targeted them due to that hostility. Additionally, the notion of selective prosecution necessitates the defense to prove that a “similarly situated” individual was not prosecuted.
This case falls within a complex legal scenario that critics argue has allowed the Trump administration to experiment with its immigration policies while potentially evading compliance with federal court directives.
Officials from the Trump administration have criticized “activist” judges, claiming they are obstructing their agenda and impacting presidential power.
A spokesperson from the Justice Department opted not to comment on the subpoena, referencing a judge’s prior order that both parties refrain from public discussions regarding García’s case.
Abrego-García was deported to El Salvador in March, which contravened a 2019 court ruling; Trump administration officials later termed it an “administrative error.” He had entered the U.S. illegally over a decade ago and was deported along with his family to a maximum-security facility in El Salvador.
While Trump officials have repeatedly alleged that García is affiliated with the violent MS-13 gang, Judge Crenshaw described such claims as mere “fantasy” when he ordered García’s release from custody pending trial.
Additionally, there have been objections regarding the administration’s handling of smuggling charges against him, considering he received an average sentence of 15 months in prison in 2024.
