A federal judge has found there is at least some evidence Kilmar Abrego Garcia, the man indicted in Tennessee upon his return from an illegal deportation, is being prosecuted in retaliation for his successful lawsuit.

U.S. District Judge Waverly Crenshaw on Oct. 3 ruled Kilmar Abrego Garcia has "carried his burden of demonstrating some evidence that the prosecution against him may be vindictive." Crenshaw is allowing both sides to conduct discovery concerning the government's motives in prosecuting Abrego Garcia.

Abrego Garcia's attorneys have filed a motion to dismiss the criminal case against Abrego Garcia as a vindictive prosecution.

During discovery, Abrego Garcia's defense and government prosecutors will exchange information and evidence to prove the government's alleged vindic

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