Your Friendly Neighborhood Gamecat
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![Thus, it is no surprise that, when presented with even
more uncontroverted evidence by the State-Plaintiffs about the
need for an injunction of the current breadth, the District Court
again found that a narrower injunction would leave unremedied
"administrative and financial harms." We therefore decline to
conclude that the District Court has abused its discretion in
fashioning relief. See Philip Morris, Inc. v. Harshbarger, 159
F. 3d 670, 680 (1st Cir. 1998) (explaining that "[als a general
rule, a disappointed litigant cannot surface an objection to a preliminary injunction for the first time in an appellate venue"
because doing so deprives the district court of the opportunity to
"consider [the objection] and correct the injunction if necessary,
without the need for appeal" (quoting Zenon, 711 F.2d at 478)).](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreiezb673t2juz5htmit7dci7dp2cxrtcljxmfqcsymgqqquoolbglq@jpeg)
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![MEMORANDUM OPINION
By way of context, a federal prosecutor is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all. The obligation to govern impartially concerns, above all, the state's exercise of coercive power-meaning its power to deprive its subjects of life, liberty, or property... As a representative of the state, a prosecutor's exercise of coercive power must be impartial ... [in] that prosecutorial power may not be exercised vindictivelymeaning that the prosecutor may not punish a defendant for exercising a protected statutory or constitutional right.
United States v. Zakhari, 85 F.4th 367, 384-85 (6th Cir. 2023) (Kethledge, J., concurring) (citations and quotations omitted). This context frames review of Defendant Kilmar Armando Abrego Garcia's ("Abrego") motion to dismiss his indictment for vindictive and selective
prosecution. (Doc. Nos. 104-05). The Government opposes the motion (Doc. No. 121), and Abrego has replied (Doc. No. 127). Abrego's motion is not ripe for decision because he seeks discovery and an evidentiary hearing because there is some evidence of vindictiveness here. For the reasons that follow, the Court holds that the totality of events creates a sufficient evidentiary basis to conclude that there is a "realistic likelihood of vindictiveness" that entitles Abrego to discovery and requires an evidentiary hearing before the Court decides his motion. United States
v. Andrews, 633 F.2d 449, 457 (6th Cir. 1980) (en banc), cert. denied, 450 U.S. 927 (1981).](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:qrllvid7s54k4hnwtqxwetrf/bafkreiay66rk6mqrqr2pwlbmqyf4mkqnbj5auaxcwhbsm6fwcwiyhmbr34@jpeg)
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