NASHVILLE, Tenn. (AP) — The Justice Department is pushing to revive criminal charges against Kilmar Abrego Garcia, telling a federal appeals court late Monday that a judge erred in his scathing ruling that called the case against the man mistakenly deported to an El Salvador prison an “abuse of prosecuting power.”
The government is appealing the May ruling by U.S. District Judge Waverly Crenshaw that threw out charges of human smuggling against the Salvadoran national. The ruling amounted to an extraordinary rebuke of a Justice Department that under President Donald Trump has repeatedly been accused of targeting defendants for political purposes.
Crenshaw found that Abrego Garcia would never have faced criminal charges had he not successfully sued the government over his 2025 deportation. The ruling was an embarrassment for the Trump administration, which only brought him back after securing a criminal indictment against him.
Crenshaw stopped short of finding the government acted with “actual vindictiveness,” a rarely-met standard that usually requires evidence like a prosecutor admitting that charges were filed in retaliation against someone. But the judge did find there was enough evidence of “presumptive vindictiveness.” That included the timing of the indictment.
Homeland Security had been aware of the 2022 traffic stop in Tennessee that was the basis for the human smuggling charges for more than two years before Abrego Garcia was deported. The agency only reopened the case and began investigating in earnest after Abrego Garcia was ordered returned to the U.S.
Crenshaw also found that statements by U.S. Attorney General Todd Blanche, who was a deputy at the time, suggested the Justice Department was targeting Abrego Garcia because he won his wrongful-deportation case.
In a brief filed Monday night with the 6th U.S. Circuit Court of Appeals, federal prosecutors argued that Crenshaw got it wrong. Blanche’s statements, they argue, demonstrated a legitimate motive for prosecuting him. His rationale reflected a “normal assessment of the societal interest in punishment,” not an “improper penalty,” they said. The statements “explained that the government was seeking to protect the public and confirm its prior assertions about Abrego's criminal activity," the brief states.
But even if Blanche's statements reflected an animus against Abrego Garcia, they are irrelevant because the person who actually brought the charges was then-Acting U.S. Attorney for the Middle District of Tennessee Rob McGuire, the brief states — rehashing an argument thoroughly rejected by Crenshaw that McGuire's motives were the only motives that mattered in the case.
Crenshaw's ruling noted the sustained oversight of the case by top Justice Department officials, including regular communications between McGuire and Associate Deputy Attorney General Aakash Singh, in finding that the criminal case was thoroughly tainted. Crenshaw also noted that prosecutors never called as a witness the investigator who actually reopened the case, to explain why.
Abrego Garcia, 31, is a Salvadoran citizen with an American wife and child who has lived in Maryland for years although he immigrated to the U.S. illegally as a teenager. A 2019 order by an immigration judge prohibited his deportation to El Salvador, finding he had a “well founded fear” of a gang that had targeted his family there. The judge allowed him to live and work in the U.S. under Immigration and Customs Enforcement supervision, but he was not given residency status.
Blocked from re-deporting Abrego Garcia to El Salvador, the Trump administration has vowed to deport him to a third county, threatening to send him to Uganda, Eswatini, Ghana and, most recently, Liberia. Abrego Garcia has said he would agree to be deported to Costa Rica, which has said they will accept him, but the government has so far declined to send him there.
He is fighting deportation to Liberia in a separate federal court case in Maryland.
FILE - Kilmar Abrego Garcia arrives at the federal courthouse, Feb. 26, 2026, in Nashville, Tenn. (AP Photo/George Walker IV, File)
CAIRO (AP) — U.S. President Donald Trump threatened to bomb Oman because he is unhappy the country is close to a deal with Iran to manage ship traffic through the Strait of Hormuz, two regional officials said Tuesday, a day after Trump leveled the threat.
The officials said the Trump administration has told Oman it is opposed to parts of the yet-to-be-announced deal, including the joint Iranian and Omani management of the exit route out of the passage that’s critical to global supplies of oil and natural gas. The officials were briefed on the U.S. position and how the administration views Oman's position.
Meanwhile, a projectile hit a ship as it sailed out of the strait, and a cargo vessel was rendered a “constructive total loss” by multiple projectiles off the coast of Yemen, according to the British military's maritime monitoring agency. The defense ministry of the United Arab Emirates said two ballistic missiles were launched from Iran toward the UAE.
An Iranian official said the strait would not reopen until the United States meets Iran’s conditions.
The U.S. believes Oman has not been tough enough in its negotiations with Iran and is unhappy with Oman’s agreement to collect voluntary fees from vessels, even if the charges are related to security and maritime environmental protection, according to the officials, who spoke on condition of anonymity because they were not authorized to talk to journalists.
Trump on Monday threatened to bomb Oman as it works with Iran on a deal to open the strait and pave the way for the U.S. and Iran to resume negotiations to end the war.
He posted a map on social media Tuesday depicting the strait as a U.S. territory. The president first mentioned the idea in an offhand comment last week. On Monday, he told reporters in the Oval Office, “I like the idea of declaring it a territory,” without providing details.
The White House on Tuesday referred to Trump’s remarks in the Oval Office and declined to comment further about Oman.
Iranian Deputy Foreign Minister Kazem Gharibabadi appeared to respond to Trump’s post on social media depicting the strait as American territory.
“Just as Trump correctly wrote the name of the eternal Persian Gulf, his delusion regarding the Strait of Hormuz will soon either be corrected, or we will correct this deluded man’s delusions for him,” Gharibabadi wrote on X.
Trump's comment on Monday was not the first time he has threatened Oman. In May, he told reporters during a Cabinet meeting that Oman “will behave just like everybody else, or we will have to blow them up.”
Iran reiterated Tuesday that Tehran plans to maintain its grip on shipping traffic until Washington meets its conditions.
“Until the United States fulfills its commitments under the agreement, including lifting the blockade, releasing frozen assets, lifting oil sanctions, ending threats and military operations on all fronts, and implementing the other conditions to which it committed, the Strait of Hormuz will not reopen,” said Mohammad Bagher Qalibaf, Iran’s parliamentary speaker and negotiator in previous talks with the U.S.
The Egyptian Foreign Ministry said Tuesday that the Iranian-Omani deal could pave the way for Washington and Tehran to return to negotiations for a “comprehensive and permanent deal that addresses all concerns and enhances regional security and stability."
The statement came after a meeting between Egyptian Foreign Minister Badr Abdelatty and Omani counterpart Badr al-Busaidi. But it did not address Trump’s latest threat against Oman.
Trump said Tuesday the U.S. has no planned talks with Iran but insisted the strait is “open and operating,” despite limited traffic, the reported boat strike and the end on Monday of the 60-day negotiating period between the countries.
Trump wrote on social media that a U.S. blockade of the strait remains “in full force and effect,” adding that all water mines have been removed.
As the talks between Iran and Oman continue, more attacks were reported in the region.
Both missiles fired at the UAE fell into the sea, the UAE Defense Ministry said. No damage or injuries were reported. There was no immediate statement from Iran.
The ministry later said assessments showed that the missiles targeted maritime traffic. It was not clear whether they directly targeted UAE ships or the country’s territorial waters.
In the weeks after the U.S. and Israel launched a war against Iran on Feb. 28, the UAE was frequently targeted by Iranian missiles and drones, but Tuesday’s reported attack was the first in weeks.
An unidentified projectile hit a ship early Tuesday in the strait off the coast of Oman, damaging the engine room and causing a casualty, according to the U.K. Maritime Trade Operations center.
The monitoring agency did not release any details about the ship or its cargo, and it was unclear whether the crew member was killed or wounded. The agency said the Omani Coast Guard was assisting other crew members and that authorities were investigating.
Elsewhere, the cargo ship that was deemed a loss was struck about 40 nautical miles (74 kilometers) southeast of Mokha, Yemen, the UKMTO center reported.
The center did not identify the projectiles or those responsible.
The Iran-aligned Houthi rebels resumed attacks on commercial shipping in the Red Sea in July and escalated attacks on Yemen’s Saudi-backed government forces. The renewed assaults have threatened shipping through the Bab al-Mandab Strait, another key global trade route.
In other developments, the Houthis claimed they fired drones at an oil refinery in neighboring Saudi Arabia, the latest attack that threatened to reignite Yemen’s civil war and open another front in the Middle East.
The attack targeted a facility run by Saudi Aramco, Saudi Arabia’s state-owned oil company, according to a report by the Houthi-run SABA news agency. There were no immediate reports of damage or comment from Saudi Arabia.
Associated Press Writer Sally Abou AlJoud in Beirut contributed to this report.
A small boat sails past cargo ships and other commercial vessels anchored in the Strait of Hormuz off Bandar Abbas, Iran, Wednesday, Aug. 5, 2026. (Amirhosein Khorgooi/ISNA via AP)
People spend time at a beach as commercial vessels are anchored in the Strait of Hormuz off Bandar Abbas, Iran, Wednesday, Aug. 5, 2026. (Amirhosein Khorgooi/ISNA via AP)
