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

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

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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 flash point 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.

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He has pleaded not guilty and is seeking dismissal of the charges on the grounds of vindictive and selective prosecution.

Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura, left, are accompanied by Lydia Walther-Rodriguez, right, of We Are Casa, as they leave the federal courthouse, Thursday, in Nashville, Tenn. (AP Photo/George Walker IV)

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.

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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

A woman holds a sign in support of Kilmar Abrego Garcia in front of the U.S. District Court in Nashville. (Getty Images )

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.”

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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.

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Kilmar Abrego Garcia arrived at the federal courthouse, Thursday, for a hearing on whether the charges against him should be dismissed. (AP Photo/George Walker IV)

During cross-examination, McGuire acknowledged that the timing of the charges, coming so long after the traffic stop, was “extraordinary.”

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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

Kilmar Abrego Garcia, right, and his brother Cesar Abrego Garcia, center, arrive at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough)

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.

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“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.”

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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.

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Fox News Digital’s Breanne Deppisch, Jake Gibson and The Associated Press contributed to this report.

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GOP Rep Nancy Mace introduces ‘Death Penalty for Child Rapists Act’

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GOP Rep Nancy Mace introduces ‘Death Penalty for Child Rapists Act’

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Rep. Nancy Mace, R-S.C., has introduced a bill to authorize the death penalty as a potential punishment for the sexual abuse of children.

“We have zero mercy for child rapists. Those who prey on our most vulnerable deserve the harshest consequence we can deliver,” Mace said in a statement.

The proposal is aptly called the “Death Penalty for Child Rapists Act.”

Rep. Nancy Mace, R-S.C., announces she will run for South Carolina governor during a press conference at the Citadel in Charleston, South Carolina, on Aug. 4, 2025. (Tracy Glantz/The State/Tribune News Service via Getty Images)

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“No predator should be allowed to walk away from the most unthinkable crimes against children,” Mace noted. 

“This bill is simple. Rape a child and you don’t get a second chance, you get the death penalty. We will never apologize for protecting America’s children,” Mace added.

The bill would put capital punishment on the table as an option to punish those who sexually abuse children.

REP NANCY MACE SLAPS DOWN EARLY RETIREMENT RUMOR: ‘BIG FAT NO FROM ME’

Rep. Nancy Mace, R-S.C., attends the inauguration of President-elect Donald Trump in the Rotunda of the U.S. Capitol on Jan. 20, 2025, in Washington, D.C.  (Kevin Dietsch/Getty Images)

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“INTRODUCING: The Death Penalty for Child Rapists Act to amend Title 18 to authorize the death penalty for aggravated sexual abuse, sexual abuse of a minor and abusive sexual contact offenses against children. It will also amend the Uniform Code of Military Justice (UCMJ) to authorize the death penalty for the rape of a child,” she said in a post on X.

“We’ve spent months fighting to expose Jeffrey Epstein’s network of powerful predators. We’ve demanded accountability and pushed for transparency. Now we’re making sure anyone who rapes a child faces the ultimate consequence,” she noted.

Mace has served in the U.S. House of Representatives since early 2021. 

NANCY MACE CLAIMS NANCY PELOSI ‘WAS A MORE EFFECTIVE HOUSE SPEAKER THAN ANY REPUBLICAN THIS CENTURY’

She is one of the candidates currently running in the South Carolina Republican gubernatorial primary.

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Virginia Democrats talk affordability — and vote to nearly triple their own pay

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Virginia Democrats talk affordability — and vote to nearly triple their own pay

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The Virginia State Senate and its Democratic majority may have voted to nearly triple their pay if a provision inserted into their final budget survives the House reconciliation process and reaches Gov. Abigail Spanberger’s desk.

The development comes as Spanberger has centered her campaign on “affordability,” with Richmond Democrats echoing that they are working to improve their constituents’ personal finances.

Virginia’s legislature itself was founded as a part-time, gentleman’s chamber, where lawmakers would return to their day jobs when Richmond wasn’t holding session.

Virginia Gov. Abigail Spanberger signs executive orders. (Win McNamee/Getty Images)

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Proponents of raising the current 1988-established salary of $18,000 for senators and $17,640 for delegates say the structure restricts who can afford to serve as a lawmaker today. Lawmakers also qualify for a $237 per diem, mileage reimbursements, and coverage of office, meeting and other expenses.

Senators’ new salary would be $50,000.

Republicans were quick to criticize the final budget, with the Virginia Senate Minority Caucus saying in a statement that “teachers got a 3% raise, but Democrats give themselves 300%.” The actual increase would be closer to 178%, though one could say the new salary would be 300% of the original. 

“The affordability hoax just gets worse and worse,” the caucus said, adding that the chamber’s majority killed a repeal of the car tax — something GOP gubernatorial nominee Winsome Sears ran on — while increasing the state budget by $1 billion overall.

Sen. Mark Obenshain, R-Rockingham, told WVTF it is the “wrong time” to address lawmaker pay.

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 “It’s supposed to be affordability for working families across Virginia, not members of the General Assembly,” he said.

Virginia’s legislature — the oldest continuous legislative body in the New World — has been making laws since its inception as the House of Burgesses in Colonial Williamsburg, where Spanberger gave the Democratic Party’s State of the Union response.

In her speech, she claimed President Donald Trump is the one “enriching himself, his family and his friends” and said Republicans are the ones “making your life more expensive.”

“I traveled to every corner of Virginia, and I heard the same pressing concern everywhere: costs are too high. In housing, healthcare, energy, and childcare,” she said.

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“Americans deserve to know that their leaders are focused on addressing the problems that keep them up at night.”

“Democrats across the country are laser-focused on affordability — in our nation’s capital and in state capitals and communities across America,” Spanberger said Tuesday.

The pay raise could be moot if the Democrat-controlled House of Delegates does not amend its own budget proposal to include the provision.

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The House’s budget includes $137 million for expanded childcare access, a minimum wage increase to $13.75 in 2027 and $15 in 2029, and a $20 million appropriation for state employees’ and home health care workers’ collective bargaining, according to Washington’s ABC affiliate.

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Fox News Digital reached out to the governor, as well as the House and Senate minority leaders, for further comment.

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Virginia murder suspect in bus stop stabbing had lengthy criminal history, multiple dropped charges

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Virginia murder suspect in bus stop stabbing had lengthy criminal history, multiple dropped charges

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A Virginia murder suspect accused of fatally stabbing a woman at a bus stop earlier this week has a lengthy criminal history filled with multiple arrests, but was let back onto the streets nearly every time. 

Abdul Jalloh, 32, is charged with the Monday night killing of Stephanie Minter, 41, of Fredericksburg, at a bus stop shelter, the Fairfax County Police Department said. 

Minter was found by officers with stab wounds to her upper body and pronounced dead at the scene, police said. 

Abdul Jalloh, 32, is accused of killing Stephanie Minter, 41, at a Virginia bus stop.  (Fairfax County Police Department; provided)

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Jalloh, 32, who was seen on surveillance cameras exiting the bus with Minter at Richmond Highway and Arlington Drive, was arrested the next day. 

He was arrested at a liquor store after an employee called 911. At the time, officers arrested him for allegedly shoplifting. Investigators linked him to the murder a day later. 

Authorities were still trying to determine a motive for the killing and what led to the deadly stabbing. 

A search of online court records revealed Jalloh has more than a dozen arrests in northern Virginia, including on charges of petty larceny and malicious wounding. 

In most of the cases, prosecutors dropped the charges, FOX D.C. reported. 

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Abdul Jalloh seen on a bus in Virginia.  (Fairfax County Police Department)

Laura Birnbaum, the chief of staff for Fairfax County Commonwealth’s Attorney Steve Descano, said Jalloh was known to the district attorney’s office and was “acutely aware of the risk he posed to the community.”

“That is why we convicted the defendant of a 2023 malicious wounding charge, and have since made every effort to hold him accountable each subsequent time that he has come in contact with the criminal justice system, including asking him to be held in custody whenever possible,” Birnbaum said. 

“Unfortunately, the defendant in this case also had a history of selecting victims with no fixed address – some of the most vulnerable members of our community,” she added. “In multiple cases, we were unable to move forward with prosecution because victims could not be located or contacted.”

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Stephanie Minter, 41, was killed on Monday after getting off of a bus in Virginia.  (Provided)

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An obituary for Minter described her as a “happy, jolly” person. 

“A beam of light in dark places,” the obituary states. 

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