Rep. Randy Fine Caught on Ring Camera Searching Voter’s Mailbox

Jose Nino
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Rep. Randy Fine Caught on Ring Camera Searching Voter’s Mailbox

(José Niño, Headline USA) Rep. Randy Fine, R-Fla., spent Sunday afternoon knocking on doors ahead of his Republican primary. On at least one porch, he did more than knock.

TMZ first reported that Ring doorbell footage stamped Sunday at 4.55 p.m. ET captured the congressman canvassing in Florida’s 6th Congressional District, then lifting the lid of a resident’s mailbox and thumbing through the envelopes inside. Fine presses the doorbell first and waits on the porch. 

When nobody answers, he begins scanning his surroundings before opening the box. Fine’s office confirmed to the outlet that the man in the video is the congressman.

TMZ noted that the recording shows no obvious violation, writing that “Rep. Fine isn’t shown removing, tampering with, or inserting anything … so there’s no apparent criminal issue here.” The outlet still called the behavior an odd way to court a voter.

Law enforcement has since closed the matter. Ormond Beach Police told TMZ that a woman phoned in a report after watching a man rummage through her mail on her Ring feed while she was away from home. 

She pinned down his identity only after, in her words, “doing some digging.” A dispatch report obtained by the outlet says the man rang her doorbell and then worked through the mailbox “letter by letter.” Officers found no indication anything went missing, and the homeowner told police she wanted to flag the incident rather than press charges.

The clip spread quickly online, where critics went further than TMZ did. Several accounts insisted the conduct amounted to a federal offense and demanded an investigation, per a report by Raw Story. Former Democratic congressional nominee Barbie Harden Hall wrote on X, “Hey [Fine], why are you looking through someone’s mailbox while you’re out canvassing? Not only is it wrong, it’s creepy AF.” No agency has announced any inquiry.

Fine captured the seat in an April 2025 special election, taking roughly 57 percent after Mike Waltz departed for the Trump administration. He faces four challengers in Tuesday’s primary, among them poker player and social media personality Dan Bilzerian, activist Aaron Baker, Palm Coast council member Charles Gambaro, and Manuel Asencio.

José Niño is the deputy editor of Headline USA. Follow him at x.com/JoseAlNino 

Austin Metcalf’s Killer Seeks New Trial

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Austin Metcalf’s Killer Seeks New Trial

(Headline USA) A Texas teenager convicted of fatally stabbing a 17-year-old athlete at a high school track meet is arguing that a judge did not fairly preside over the high-profile case and is asking for a new trial.

Karmelo Anthony, now 19, was convicted of murder and sentenced to 35 years in prison after a Collin County jury in June rejected his claims of self-defense during a confrontation with Austin Metcalf in the stadium bleachers last year.

Hearings on Anthony’s requests for a retrial and a new judge were set to begin Wednesday in suburban Dallas.

Anthony’s legal team has argued that a retrial is warranted in part because state District Judge John Roach enforced overly strict courtroom rules and gave incomplete instructions to the jury that convicted the teenager at the end of the nearly weeklong trial. Jurors deliberated for less than three hours before returning the verdict.

The case attracted attention in part because Anthony is black and Metcalf was white. Lawyers on both sides, however, told jurors the tragedy had nothing to do with race.

Anthony did not testify during the trial.

During the trial, students described a heated exchange over Anthony’s refusal on a rainy spring day to leave a tent that belonged to Metcalf’s team. The teens went to different high schools.

Several schools were competing when Anthony sat under the Memorial High School tent that was perched in the bleachers. Austin Metcalf and others had repeatedly told Anthony to leave, witnesses testified, leading to an escalating confrontation.

Prosecutors said Anthony provoked Metcalf, and witnesses testified that Anthony was the aggressor.

Anthony at one point reached inside a bag and replied: “Touch me and see what happens,” according to a police report.

Metcalf pushed Anthony, according to witnesses, who said Anthony then pulled out a knife and stabbed him in the chest.

Adapted from reporting by the Associated Press

Prosecutors: Bullet Engraving Shows Charlie Kirk Was Targeted for His Politics

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Prosecutors: Bullet Engraving Shows Charlie Kirk Was Targeted for His Politics

(Headline USA) Prosecutors in Charlie Kirk’s killing pointed Tuesday to an engraved bullet, arguing that the inscription “Hey Facist! CATCH!” demonstrates that Kirk was targeted for how the defendant perceived his politics.

Whether defendant Tyler Robinson acted out of political animus could be key for prosecutors seeking the death penalty — or for his attorneys in taking that punishment off the table.

The prosecution and defense have filed dueling documents focused on whether the crime included aggravating factors that would make Robinson eligible for the death penalty if convicted. Those include political targeting and whether the shooting endangered thousands of others who attended Kirk’s Sept. 10 event at Utah Valley University.

Robinson is charged with crimes including aggravated murder and has not yet entered a plea. The 23-year-old defendant turned himself in a day after the shooting.

The latest batch of court documents follows a five-day preliminary hearing in July, when prosecutors presented what they said was “overwhelming” evidence against Robinson, while defense attorneys worked to sow doubt about analysts’ findings.

Judge Tony Graf said he will decide if the case should advance to trial after he hears again from both sides on Sept. 1.

In a document filed late Tuesday, prosecutors argued the engraved bullet found in the suspected murder weapon was an “overt political reference.” They also noted that Robinson allegedly wrote in a text message about Kirk: “I had enough of his hatred. Some hate can’t be negotiated out.”

Robinson’s attorneys have argued that the text message is not strong enough evidence to prove a political motivation. They did not immediately respond to a request for comment on prosecutors’ new filing.

Before his death, Kirk and the organization he co-founded, Turning Point USA, galvanized the conservative youth vote to help President Donald Trump win a second term.

Prosecutors contend that Kirk’s opposition to same-sex marriage and gender-affirming care stood in sharp contrast to Robinson, who was reportedly in a romantic relationship with his roommate, Lance Twiggs. Twiggs told investigators he had considered a gender transition around the time of Kirk’s killing, according to prosecutors.

A handwritten note that prosecutors allege Robinson left for Twiggs read in part, “I had the opportunity to take out Charlie Kirk, and I took it.”

In a recorded interview shown in court last month, Twiggs said he had never heard Robinson talk about Kirk before the shooting. Robinson also did not talk much about gender issues or LGBTQ+ rights, but he did sometimes talk about politics, including Trump, Twiggs told investigators.

The Associated Press emailed Twiggs’ attorney seeking comment.

During the July hearing, investigators presented DNA analyses that they said linked Robinson to both the suspected murder weapon and a tool he allegedly used to engrave the bullet cartridges. Robinson’s attorneys repeatedly questioned the reliability of DNA tests and other evidence.

Defense attorneys also have argued against a possible sentence enhancement for endangering others, saying the shooter “hit the intended target.” Prosecutors said numerous people were within a “zone of danger” around Kirk when he was shot from a rooftop.

Adapted from reporting by the Associated Press

Ex-Fauci Adviser Pleads Guilty to Plotting to Conceal COVID-19 Research Records

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Ex-Fauci Adviser Pleads Guilty to Plotting to Conceal COVID-19 Research Records

(Headline USA) A former senior adviser to infectious disease expert Dr. Anthony Fauci pleaded guilty Tuesday to plotting to conceal federal records related to research on the origins of the deadly COVID-19 pandemic.

Dr. David Morens is scheduled to be sentenced Nov. 12 by U.S. District Judge Paula Xinis in Greenbelt, Maryland. Morens pleaded guilty to conspiring to defraud the U.S. government, a felony punishable by a maximum prison sentence of five years.

“By pleading guilty today, Dr. Morens has taken responsibility for what he did, and he will continue to do so,” defense attorney Tim Belevetz said in a statement after the plea hearing.

Morens is accused of using his private email account to intentionally circumvent public records laws while employed at the National Institute of Allergy and Infectious Diseases. The Justice Department alleges that he concealed or destroyed records of discussions related to COVID-19 research grants, including an effort to revive a controversial coronavirus grant.

The indictment follows a probe by House Republicans into the origins of the COVID-19 pandemic that scrutinized Morens’ email communications and accused him of intentionally concealing records. In congressional testimony, Morens denied attempting to evade federal transparency laws by using his personal email.

In July, Fauci repeatedly invoked the Fifth Amendment right against self-incrimination during a congressional hearing on his handling of the COVID-19 pandemic. Last Friday, Fauci declined a request to appear voluntarily before a second Senate panel after majority Republicans on the Homeland Security Committee voted along partisan lines to hold him in contempt of Congress.

Fauci wasn’t charged in the case against Morens, 78, of Chester, Maryland.

Adapted from reporting by the Associated Press

Florida Results: Donalds Wins, Vindman Flops, Mills Ousted

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Florida Results: Donalds Wins, Vindman Flops, Mills Ousted

(Headline USA) U.S. Rep. Byron Donalds won the Republican nomination for Florida governor and former Rep. David Jolly picked up the Democratic nod in Tuesday’s primaries, setting the stage for a fall campaign to replace outgoing Gov. Ron DeSantis and decide the state’s future political direction.

DeSantis, a leading conservative figure who has both clashed and collaborated with Trump over the years, is barred from running for a third consecutive term.

Also Tuesday, progressive state Rep. Angie Nixon won the Democratic nomination for a U.S. Senate special election, defeating retired Army Lt. Col Alexander Vindman, a onetime National Security Council official who testified in Trump’s first impeachment in 2019.

Nixon, who was heavily outspent by Vindman, will face Sen. Ashley Moody, winner of the Republican nomination, in November to fill the last two years of Marco Rubio’s Senate term. Rubio left the seat to become Trump’s secretary of state last year.

Donalds would be Florida’s first black governor if he wins in November. He defeated a former DeSantis running mate, Lt. Gov. Jay Collins, political newcomer James Fishback and others Tuesday.

The 47-year-old congressman Donalds told his supporters at a Universal Studios resort hotel that he’d heard from Republican rivals who pledged their help in winning the general election.

“The primary is over,” Donalds said. “Tonight we put aside our differences. Tonight we are one united Republican Party.”

Donalds described Trump’s backing as important but not determinative.

“Obviously, he has the strongest following of anybody in our party,” he said. However, he added, “you can’t just sit back and think the president’s endorsement is going to carry you.”

Donalds has promised to push tax cuts, overhaul Florida’s insurance regulations to lower consumer costs and seek greater price transparency from healthcare providers.

The Democrats’ candidate for governor, Jolly, is a former Republican congressman who switched parties last year. He did not shy away from his partisan history as he addressed supporters Tuesday night.

“To my Democratic friends, thank you for welcoming me into the party,” he said.

Jolly’s speech detailed a platform that balances between both political parties: an embrace of capitalism and a lean government, but one that “needs to do its part to fill the gaps,” such as with education and housing.

“As an old-school Republican, I talk about ending the culture wars not to celebrate some progressive platform,” he said, “but because I still believe in the old school Republican, Libertarian policy that government should simply stay out of your life, and stay out of your bedroom.”

It’s the second time in a row that Democrats have nominated a onetime Republican for governor.

Four years ago, they backed former Gov. Charlie Crist, only to see him lose by nearly 20 percentage points to DeSantis.

Rich Chamberlin, a retiree in Port St. Lucie, said he supported Jolly in Tuesday’s primary, spurred on by attack ads against him.

“I saw anti-Jolly ads. I said ‘Ok, if they are against him, then I must be for him,'” Chamberlin said, adding it didn’t matter to him that Jolly was once a Republican.

A progressive gets Democratic nomination for Senate

Florida voters haven’t sent a Democrat to the U.S. Senate since 2012, and this year’s race was always going to be an uphill climb.

Moody, a former state attorney general, was appointed by DeSantis to fill Rubio’s seat last year after he became Trump’s secretary of state. She’s now running to finish the last two years of his term.

Moody will face Nixon, a progressive state lawmaker who scored an upset victory over the Army veteran Vindman. Nixon would be Florida’s first Black U.S. senator if elected in November.

“Rep. Nixon ran a strong campaign,” Vindman posted on social media. “I will be standing by her side in the fight against Ashley Moody. I hope you’ll join me.

Wasserman Schultz wins in a new plurality black district

In U.S. House primaries, Tuesday’s biggest contest saw longtime Democratic U.S. Rep. Debbie Wasserman Schultz, defeat former U.S. Rep. Sheila Cherfilus-McCormick and others in a redrawn south Florida district.

Wasserman Schultz, who is Jewish, urged voters in the new, plurality black district to help her return to Washington for a 12th term. Cherfilus-McCormick had sought a comeback after resigning earlier this year under a pending federal indictment and threat of House ethics sanctions.

Wasserman Schultz entered a new district after DeSantis’ successful push for new congressional maps intended to boost Trump’s midterm election prospects.

Her four black primary opponents — including Cherfilus-McCormick — had argued that the district should have a Black representative. But the voters went with a candidate who touted long experience from serving in Congress since 2005.

Surrounded by her campaign staff Tuesday night, Wasserman Schultz tearfully thanked voters for having confidence in her. She said she wanted to “make all of you proud, to make sure that the people we spoke to all across this district know that I will fight so they can pay their rent.”

Republican Rep. Cory Mills is ousted by a challenger

Former television news reporter Ryan Elijah won the Republican nomination for Florida’s 7th Congressional District, ousting the scandal-plagued Mills.

A two-term congressman, Mills has denied allegations of domestic violence against a former girlfriend and other controversies.

But Florida Republicans including DeSantis had abandoned Mills ahead of the primary and the congressman was not included on Trump’s final list of Florida endorsements. Elijah advances to the general election in a central Florida district that is considered reliably Republican.

Adapted from reporting by the Associated Press

FBI May Have Misclassified Biden Probe Files Ahead of 2020 Election, GOP Senators Allege

Luis Cornelio
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FBI May Have Misclassified Biden Probe Files Ahead of 2020 Election, GOP Senators Allege

(Luis Cornelio, Headline USA) The FBI under embattled Director Chris Wray may have classified files pertaining to its task force findings against Joe and Hunter Biden ahead of the 2020 election, two Republican senators implied in Monday letters to the DOJ.

Sens. Chuck Grassley, R-Iowa, and Ron Johnson, R-Wis., made the allegations in letters to Attorney General Todd Blanche, FBI Director Kash Patel and Director of National Intelligence Jay Clayton, according to the New York Post. Specifically, the senators questioned whether the Wray-led FBI misclassified the files in a bid to obstruct congressional investigators or a future administration from accessing them.

The letter centers on Operation Round River, an FBI task force designed to gather information about the Biden family that could potentially counter foreign interference in the 2020 presidential election. The gathered information was reportedly used to inform agents of allegations foreign countries may use to undermine the race and not to criminally investigate the Bidens.

While the White House, Grassley and Johnson have released some documents pertaining to the probe, the Republican lawmakers wrote that “the available records cause serious concerns about how federal law enforcement and the Intelligence Community used its resources to downgrade allegations of criminality relating to the Biden family apparently without sufficient investigation.”

“The records also cause concern about how federal records were stored and managed,” they added in the letter, which Headline USA has reviewed.

Grassley and Johnson cited an email from FBI Supervisory Special Agent Michael DeLauro in which he said, “We apologize for the classification caveats but our OGC has directed us to classify our work this way based on past experience with Crossfire Hurricane.”

The lawmakers said that the email implied that “the Wray FBI intentionally misclassified information a certain way which would result in more obstacles to obtaining access, whether it be Congress or the American people who sought it.”

Some of the Round River files included banner markings to identify classified material alongside “Round River” as a code, an unusual step that Grassley and Johnson said suggested wrongdoing. “Accordingly, it appears the Wray FBI treated Round River as a Special Access Program when all accounts provided to us so far show no indication that it was in fact such a program,” they continued.

The letter makes clear that Blanche is expected to provide clarification about those steps as the DOJ continues to work with lawmakers to shed light on the operations of the department and the FBI in the years after President Donald Trump left the White House in 2021.

Among the Round River files released by the White House and reviewed by Headline USA include a spreadsheet with the names of prominent conservative journalists who may serve as “conduits” of the potential foreign misinformation campaign.

The Round River files themselves make clear that the information against the Biden family was obtained through the FBI’s own confidential human sources, or CHSs, though the bureau later claimed it never corroborated any of the allegations.

Allegations of public corruption pertaining to Ukraine and Joe Biden’s tenure as vice president under the Obama administration were among the information mentioned.

In a “scope” description, the FBI wrote: “Around December 2019, the FBI’s Foreign Influence Task Force – Russia (FITF-R) unofficially formed a group of analysts who utilized internal systems to gather any/all derogatory information previously reported by confidential human sources (CHSs) on Joseph Biden corruption and other Ukraine related-topics (known as, the ‘Ukraine Narrative’) including, Burisma, Hunter Biden, Mykola Zlochevsky, Ukraine Interference in 2016 US Presidential election to red flag the reporting as Russian disinformation.”

This is a developing story.

US Navy Destroyer with 300 Sailors Aboard Broke Down for Four Days in the Pacific

Headline USA Editor
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US Navy Destroyer with 300 Sailors Aboard Broke Down for Four Days in the Pacific

(Headline USA) A U.S. Navy destroyer with about 300 sailors aboard suffered a major breakdown in the Pacific Ocean last month that left it without power for four days, the Navy confirmed in a statement.

The USS Benfold “reported an engineering casualty involving its generators, causing a loss of power” on July 24, Navy spokesman Cmdr. Matthew Comer said in the statement. The breakdown meant the crew went without drinking water, meals, functioning toilets and air conditioning for days aboard the ship, Comer said.

The incident, which only became public on Friday when it was first reported by USNI News, comes as the Pentagon grapples with serious questions about the quality of life aboard naval vessels and the military’s ability to supply ships during the conflict with Iran.

Democratic lawmakers are calling for investigations into conditions aboard the aircraft carrier USS Abraham Lincoln. Reports last week revealed that the ship, which has spent a record-setting 250 uninterrupted days at sea, has experienced shortages of supplies, including food and hygiene products, while crew members have suffered from stress and poor mental health.

Comer stressed that there were no injuries to the crew of the Benfold, “who demonstrated resilience, grit, professionalism, and unwavering steadiness in their response,” but that the ship needed assistance from the George Washington carrier strike group.

The cruiser USS Robert Smalls provided meals to the stricken destroyer.

Ultimately, Comer said the Benfold had to be towed to Subic Bay, in the Philippines, for repairs, arriving on July 28. The crew was then provided food and lodging off the ship. On Aug. 8, the Benfold left port “with all engineering, combat systems, and crew support systems functioning normally,” the statement said.

Meanwhile, the ships from the George Washington strike group, including the aircraft carrier USS George Washington, were spotted heading toward the Middle East. The carrier was expected to replace the Lincoln, which the acting navy secretary, Hung Cao, said last week would be returning home soon.

This would leave the waters of the Pacific without a U.S. carrier presence for an unknown period of time. The Trump administration sees China, the dominant power in the region, as “a settled force” that only needs to be deterred from dominating the U.S. or its allies and not the top global adversary that it was under the Biden administration.

Adapted from reporting by the Associated Press. 

Transgender Person Sentenced for Plotting to Kill Treasury Secretary Scott Bessent

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Transgender Person Sentenced for Plotting to Kill Treasury Secretary Scott Bessent

(Headline USA) A Massachusetts man who told police that he brought homemade firebombs to the U.S. Capitol to kill Treasury Secretary Scott Bessent was sentenced on Tuesday to just over six years in prison.

Riley English, a 26-year-old man who identifies as a woman, said he was in the grips of a mental health crisis and abusing drugs when he drove to Washington in January 2025 and told Capitol police that he was there to kill Bessent on the day of his Senate confirmation.

“I never wanted to hurt anyone,” he told U.S. District Judge Rudolph Contreras. “I’m not a political person. I’m not a violent person.”

Contreras, who was nominated to the bench by Democratic President Barack Obama, sentenced English to six years and one month of imprisonment followed by three years of supervised release. English has remained jailed since his arrest and will get credit for the nearly 20 months that he already has spent in custody. He pleaded guilty in March to two weapons charges.

“You’ve had a very difficult life,” Contreras told English. “Hopefully, the progress you’ve made in jail to this date has set you on the right path.”

Nobody was injured, and Contreras said English’s plan to harm Bessent had an “exceedingly low or non-existent” chance of success. Bessent wasn’t at the Capitol when English arrived on Jan. 27, 2025. The Molotov cocktails that English brought to the Capitol appeared to be incapable of igniting, the judge noted.

Prosecutors had recommended a prison sentence of 10 years and one month for English. Assistant U.S. Attorney Brendan Horan said English had been planning the “attempted political assassination” for at least a month at a time when the threat of politically motivated violence has been mounting in the U.S.

“This was not a chance encounter or an impulsive act,” Horan said.

The case against English fits a pattern of politically motivated violence that has plagued the U.S. over the past decade. In a letter addressed to the judge, Bessent said he worries the country “cannot survive this assault.”

“Political violence is an attack on the rule of law and on representative government itself,” Bessent wrote. “It also deprives our country of service by talented men and women with ability and integrity who may reasonably decide that no job is worth threats to themselves and their families.”

English’s prosecution drew comparisons to the case against California resident Sophie Roske, who was sentenced last October to over eight years in prison for attempting to assassinate U.S. Supreme Court Justice Brett Kavanaugh at his Maryland home. 

Prosecutors had recommended a prison sentence of no less than 30 years for Roske, a biological man who identifies as a woman. They appealed Roske’s sentence by U.S. District Judge Deborah Boardman, calling it unreasonably lenient.

Defense attorney Maria Jacob said English was “terrified and traumatized” by fears of what would happen to transgender people under the second Trump administration.

“Our argument is that s[he] was in a diminished mental state,” Jacob said.

Investigators said they found a folding knife, two homemade firebombs and a lighter in English’s possession at the Capitol.

English, of South Deerfield, Massachusetts, told police that he was influenced by Luigi Mangione, the man who was charged with fatally shooting the CEO of UnitedHealthcare. He said he was “on a mission” and “had been thinking about this for a while because of Luigi Mangione,” prosecutors said. English told officers that he was terminally ill and “wanted to do something before I go,” according to prosecutors.

English also said he traveled from Massachusetts to Washington intending to kill other Republican political figures — Defense Secretary Pete Hegseth and House Speaker Mike Johnson — and to burn down the Heritage Foundation, a conservative think tank, according to police. English changed his target to Bessent after reading an internet post about his confirmation hearing, police said.

Jacob said English’s actions last year were “a cry for help.”

“There was no indication that s[he] was acting rationally that day,” the judge said.

Adapted from reporting by the Associated Press.

US Military Awards Raytheon w/ $22.9 Billion Contract To Ramp Up Missile Production

Headline USA Editor
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US Military Awards Raytheon w/ $22.9 Billion Contract To Ramp Up Missile Production

(Dave DeCamp, Antiwar.com) Raytheon has landed a massive $22.9 billion contract with the US military to dramatically ramp up the production of Tomahawk missiles, as US arms makers continue to cash in on the US-Israeli war against Iran.

The US fired over 1,000 Tomahawk missiles into Iran during the conflict, nearly one-third of the pre-war inventory, according to analysis from the Center for Strategic and International Studies (CSIS).

All available evidence suggests that Tomahawk missiles were what was used when the US bombed the Shajareh Tayyebeh Elementary School in Minab, southern Iran, an attack that killed at least 156 people, including 120 schoolchildren.

Raytheon currently produces 60 Tomahawk missiles per year, but under a new agreement with the US War Department, it plans to ramp up production to more than 1,000 per year, according to a press release from RTX Corporation, Raytheon’s parent company.

“Tomahawk is the Navy’s most important strike weapon, able to target hostile forces hundreds of miles away without ever risking the lives of our sailors,” said Raytheon President Phil Jasper.

“We are making significant investments in our workforce, technology, supply chain, and facilities to dramatically boost production capacity and meet surging demand,” Jasper added.

The news comes after the US military awarded massive contracts to Lockheed Martin to ramp up production of air defense munitions depleted in the Iran war, including a $35 billion deal for THAAD interceptors and a $58.6 billion contract for Patriot PAC-3 interceptors.

This article originally appeared at Antiwar.com.

Justice Department Appeals Charges Against Illegal Alien Kilmar Abrego Garcia

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Justice Department Appeals Charges Against Illegal Alien Kilmar Abrego Garcia

(Kim Jarrett, The Center Square) The U.S. Department of Justice says a judge was wrong in dismissing smuggling charges against Kilmar Abrego Garcia based on a 2022 Tennessee traffic stop.

Abrego Garcia was driving an SUV with eight passengers when he was stopped by law enforcement for speeding. One of the police officers believed that he was smuggling his passengers, remarking that he was “hauling these people for money,” according to a video obtained by The Center Square through an open records request.

Scrutiny of the traffic stop was renewed after Abrego Garcia was mistakenly deported to El Salvador in March 2025 due to an administrative error. Prior to that, Abrego Garcia was living in Maryland and had been arrested on suspicion of involvement in MS-13 in 2019.

He came illegally to the United States as a teenager with his parents around 2011. Officials prepared to deport Abrego Garcia then, but an immigration judge granted him “withholding of removal,” believing his life would be in danger if he were returned to El Salvador.

U.S. District Judge Waverly D. Crenshaw, in a ruling issued in May, called the charges “vindictive” because Abrego Garcia challenged his deportation to El Salvador.

“The objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvador, the government would not have brought this prosecution,” Crenshaw wrote in his order. “The executive branch closed its investigation on the November 2022 traffic stop. Only after Abrego succeeded in vindicating his rights did the executive branch reopen that investigation.”

Attorney General Todd Blanche, serving as Deputy Attorney General at the time of Abrego Garcia’s deportation hearing, was quoted in court documents as saying during a media interview, “In this case, we had a judge in Maryland tell us, ‘Oh no, there’s not any evidence that he’s a member of MS-13, you have no right to deport him.’ So what should we do as a Department of Justice when a judge is accusing us of doing something wrong? We have an obligation to everyone, including you, to investigate it. And that’s exactly what we did.”

Prosecutors said in their appeal filed Tuesday in the U.S. Court of Appeals for the 6th Circuit that Blanche’s statements and others do not prove the smuggling case was reopened for vindictive reasons, and enough evidence exists to proceed.

“In a case where the government clearly had probable cause and multiple legitimate bases to prosecute, the court relied on dubious assumptions about public statements, internal communications, timing, diligence and the susceptibility of a professional prosecutor to subconscious influence – all in the context of an initial charging decision where the range of prosecutorial considerations is most complex and least suited to judicial second-guessing,” federal prosecutors said in the brief. “Adopting this approach will lead to a flood of vindictive prosecution motions in high-profile cases.”

The deportation case against Abrego Garcia is also pending.

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