NASHVILLE, Tenn. (AP) — A newly unsealed order in the criminal case against Kilmar Abrego Garcia reveals that high-level Justice Department officials pushed for his indictment, calling it a “top priority,” only after he was mistakenly deported and then ordered returned to the U.S.
Abrego Garcia has pleaded not guilty in federal court in Tennessee to charges of human smuggling. He is seeking to have the case dismissed on the grounds that the prosecution is vindictive — a way for President Donald Trump's administration to punish him for the embarrassment of his mistaken deportation.
To support that argument, he has asked the government to turn over documents that reveal how the decision was made to prosecute him in 2025 for an incident that occurred in 2022. On Dec. 3, U.S. District Judge Waverly Crenshaw filed an order under seal that compelled the government to provide some documents to Abrego Garcia and his attorneys. That order was unsealed on Tuesday and sheds new light on the case.
Earlier, Crenshaw found that there was “some evidence” that the prosecution of Abrego Garcia could be vindictive. He specifically cited a statement by Deputy Attorney General Todd Blanche on a Fox News program that seemed to suggest that the Department of Justice charged Abrego Garcia because he had won his wrongful deportation case.
Rob McGuire, who was the Acting U.S. Attorney for the Middle District of Tennessee until late December, argued that those statements were irrelevant because he alone made the decision to prosecute, and he has no animus against Abrego Garcia.
In the newly unsealed order, Crenshaw writes, “Some of the documents suggest not only that McGuire was not a solitary decision-maker, but he in fact reported to others in DOJ and the decision to prosecute Abrego may have been a joint decision.”
The U.S. Attorney's Office for the Middle District of Tennessee released a statement saying, “The emails cited in Judge Crenshaw’s order, specifically Mr. McGuire’s email on May 15, 2025, confirm that the ultimate decision on whether to prosecute was made by career prosecutors based on the facts, evidence, and established DOJ practice. Communications with the Deputy Attorney General’s Office about a high-profile case are both required and routine.”
The email referenced was from McGuire to his staff stating that Blanche “would like Garcia charged sooner rather than later,” according to Crenshaw's order.
The human smuggling charges stem from a 2022 traffic stop in Tennessee where Abrego Garcia was pulled over for speeding. There were nine passengers in the car, and state troopers discussed the possibility of human smuggling among themselves. However, he was ultimately allowed to leave with only a warning. The case was turned over to Homeland Security Investigations, but there is no record of any effort to charge him until April 2025, according to court records.
The order does not give a lot of detail on what is in the documents that were turned over to Abrego Garcia, but it shows that Aakash Singh, who works under Blanche in the Office of the Deputy Attorney General, contacted McGuire about Abrego Garcia's case on April 27, the same day that McGuire received a file on the case from Homeland Security Investigations. That was several days after the U.S. Supreme Court ruled in Abrego Garcia's favor on April 10.
On April 30, Singh said in an email to McGuire that the prosecution was a “top priority” for the Deputy Attorney General's Office, according to the order. Singh and McGuire continued to communicate about the prosecution. On May 18, Singh wrote to McGuire and others to hold the draft indictment until they got “clearance” to file it. “The implication is that ‘clearance’ would come from the Office of the Deputy Attorney General,” Crenshaw writes.
A hearing on the motion to dismiss the case on the basis of vindictive prosecution is scheduled for Jan. 28.
Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura leave the United States District Court District of Maryland, Monday, Dec. 22, 2025, in Greenbelt, Md. (AP Photo/Stephanie Scarbrough)
NEW YORK (AP) — Stocks fell slightly on Wall Street Tuesday as trading for 2025 nudges closer to the finish line.
With just one trading day left before the year ends, most big investors have closed out their positions and volume has been thin. Every major index is headed for a double-digit gain for the year.
The S&P 500 fell 9.50 points, or 0.1%, to 6,894.24. Even with three straight days of small losses, the S&P 500 is on track for an annual gain of more than 17%.
The Dow Jones Industrial Average fell 94.87 points, or 0.2%, to 48,367.06. The Nasdaq composite fell 55.27 points, or 0.2%, to 23,419.08.
The biggest weights on the market remained technology companies, especially those focused on advancements for artificial intelligence.
Nvidia fell 0.4% and Apple fell 0.2%. Both companies have outsized values that have a greater overall impact on the market’s broader direction.
On the winning side, Facebook parent Meta Platforms rose 1.1%. The company is buying artificial intelligence startup Manus as it continues an aggressive push to amp up AI offerings across its platforms.
Markets were mixed in Asia and higher in Europe.
The more notable action was again in the commodities markets. Gold, silver and copper all resumed their ascent after steep declines a day earlier.
The price of gold rose 1.4% to 4,386.30 per ounce. Silver prices gained 10.9%. Prices for gold and silver slumped Monday when the Chicago Mercantile Exchange, one of the largest trading floors for commodities, asked traders to put up more cash to make bets on precious metals. Prices for both metals have surged in 2025 on a mix of economic worries and supply deficits.
Copper rose 4.4% and is up more 40% for the year on strong demand. The base metal is critical to global energy infrastructure, and demand is expected to keep growing as the development of artificial intelligence technology puts more of a strain on data centers and the energy grid.
Crude oil prices were relatively steady. The price of U.S. crude oil fell 0.2% to $57.95 per barrel. The price of Brent crude, the international standard, was unchanged at $61.92 per barrel.
Treasury yields were mixed in the bond market. The yield on the 10-year Treasury rose to 4.12% from 4.11% late Monday. The yield on the two-year Treasury, which moves more closely with expectations for what the Federal Reserve will do, held steady at 3.45% from late Monday.
Overall, Treasury yields have fallen significantly through the year, partly because of the market's expectations for a shift in interest rate policy at the Fed. The central bank cut interest rates three times late in 2025, most recently at its meeting earlier in December.
The central bank has been dealing with a more complex economic picture. Consumer confidence has been weakening throughout the year as inflation squeezes consumers and businesses. The continued impact of a wide-ranging U.S.-led trade war threatens to add more fuel to inflation.
Inflation remains stubbornly high while the jobs market slows down. The Fed can cut interest rates to help the economy weather a slower jobs market. But, that could add more fuel to inflation that is still solidly above the Fed's 2% target. Hotter inflation could stunt economic growth.
The Fed has signaled more caution moving forward. Minutes from its December meeting reflect the divisions within the central bank as it deals with uncertainty about the threats facing the economy.
Wall Street is betting that the Fed will hold interest rates steady at its next meeting in January.
U.S. markets will be closed on Thursday for New Year’s day.
Elaine Kurtenbach contributed to this report.
Participants perform a traditional hand clap at the end of a ceremony to conclude the year's trading at the Tokyo Stock Exchange Tuesday, Dec. 30, 2025, in Tokyo. (AP Photo/Eugene Hoshiko)
Japan's Prime Minister Sanae Takaichi, right, delivers a speech as Hajime Moriyasu, left, the head coach of Japanese national soccer team, bows during a ceremony to mark the last trading day of the year on the Tokyo Stock ExchangeTuesday, Dec. 30, 2025, in Tokyo. (AP Photo/Eugene Hoshiko)
Hajime Moriyasu, the head coach of Japanese national soccer team, rings the bell during a ceremony to mark the last trading day of the year on the Tokyo Stock Exchange Tuesday, Dec. 30, 2025, in Tokyo. (AP Photo/Eugene Hoshiko)
Participants perform a traditional hand clap at the end of a ceremony to conclude the year's trading at the Tokyo Stock Exchange Tuesday, Dec. 30, 2025, in Tokyo. (AP Photo/Eugene Hoshiko)
Japan's Prime Minister Sanae Takaichi poses before ringing the bell during a ceremony to mark the last trading day of the year on the Tokyo Stock Exchange Tuesday, Dec. 30, 2025, in Tokyo. (AP Photo/Eugene Hoshiko)
A person stands in front of an electronic stock board showing Japan's Nikkei index at a securities firm, Monday, Dec. 29, 2025, in Tokyo. (AP Photo/Eugene Hoshiko)
A dealer watches computer monitors near the screen showing the foreign exchange rate between U.S. dollar and South Korean won at a dealing room of Hana Bank in Seoul, South Korea, Tuesday, Dec. 30, 2025. (AP Photo/Lee Jin-man)
The screens showing the Korea Composite Stock Price Index (KOSPI), left, and the foreign exchange rate between U.S. dollar and South Korean won are seen at a dealing room of Hana Bank in Seoul, South Korea, Tuesday, Dec. 30, 2025. (AP Photo/Lee Jin-man)
The screens show the Korea Composite Stock Price Index (KOSPI), left, the foreign exchange rate between U.S. dollar and South Korean won and the Korean Securities Dealers Automated Quotations (KOSDAQ) at a dealing room of Hana Bank in Seoul, South Korea, Tuesday, Dec. 30, 2025. (AP Photo/Lee Jin-man)
A dealer watches computer monitors at a dealing room of Hana Bank in Seoul, South Korea, Tuesday, Dec. 30, 2025. (AP Photo/Lee Jin-man)
