Federal prosecutors will not turn over internal communications between the Justice Department, the Department of Homeland Security, the State Department, or the White House in the criminal case against Kilmar Abrego Garcia, arguing the materials are privileged and not required under court rules.
The filing comes in response to an order from a federal judge allowing limited discovery into Garcia's claim of vindictive prosecution in which his defense argues the charges were brought in retaliation for his lawsuit over wrongful deportation earlier this year.
In a seven-page status report filed Wednesday, Acting U.S. Attorney Robert E. McGuire said the government has already provided investigative reports from Homeland Security Investigations (HSI) and an affidavit outlining his decision to pursue charges.
McGuire maintained that he alone made the call to prosecute and that no outside official — including anyone from the White House — directed or pressured him to do so.
Prosecutors said they would submit several additional items, including the resignation letter of former Criminal Division Chief Ben Schrader, who reportedly quit over concerns the case was politically motivated, and a supplemental affidavit confirming McGuire had no contact with senior federal or foreign officials about the prosecution.
The Justice Department emphasized that any emails or texts among senior officials about Garcia's case would fall under executive, deliberative-process, or attorney work-product privileges, and insisted the scope of the court's demand for documents should remain narrow.
"Even if senior officials elsewhere in government expressed opinions about the case," McGuire wrote, "they would not be discoverable unless those views actually influenced the decision-maker."
He reaffirmed under oath that no such influence occurred.
The court has scheduled further proceedings to determine the boundaries of discovery and whether prosecutors must provide additional documentation before an evidentiary hearing on the vindictive-prosecution claim.
On another legal front involving Garcia, a federal judge in Maryland sharply questioned the Justice Department Monday over its lack of concrete plans for Garcia's removal, ordering a witness for Friday's evidentiary hearing to detail efforts to deport him to Eswatini.
Judge Paula Xinis criticized the government for offering only prolonged detention as justification and directed the DOJ to provide documents and testimony on removal steps, communications with Eswatini, and the likelihood of Garcia's deportation.
The Justice Department views Garcia as a priority enforcement target and makes clear it wants him out of the U.S. They insist the prosecution was independently handled by McGuire and dismiss claims of vindictive motives as baseless.