A Tennessee judge on Thursday set Kilmar Abrego Garcia's criminal trial date for January 27, 2026. Abrego Garcia is facing human smuggling charges. CBS News justice correspondent Scott MacFarlane reports.

Tennessee

A Tennessee judge has set the criminal trial date for Kilmar Abrego Garcia, who faces human smuggling charges, for January 2026. Garcia's case has been notable due to his mistaken deportation to El Salvador, despite having court protection against removal from the United States. He was subsequently charged and returned to the U.S. to face trial, which he denies.

The trial's scheduling leaves unresolved questions, including whether the Department of Justice will attempt to deport Garcia before the trial or allow him to remain and face the charges in court. The case continues to draw attention as it proceeds through the legal system.

Judge sets Kilmar Abrego Garcia's criminal trial date for January 2026

But right now we're talking about breaking news. A Tennessee judge just set the human smuggling criminal trial date for the man once mistakenly deported to El Salvador. We're, of course, talking about that flashpoint case of Quilmar Abrego-Garcia. CBS News Justice Correspondent Scott McFarlane watching both of those headlines at this hour. Okay, Scott, let's just deal with this right now. What's the date? They set the date for January 26th, 2026, but the question is, Reed, is there gonna be a trial? Because that's been an open-ended question for Quilmar Abrego-Garcia, along with a lot of other open questions in his case, which has turned into a saga. You'll recall, back March 15th, Quilmar Abrego-Garcia was deported by mistake from Maryland to El Salvador, a country from which he had protection by the court from ever being deported. He had been fleeing from El Salvador years earlier. But in mid-June, early June, they charged Quilmar Abrego-Garcia with a crime, brought him back to the United States, and he is now facing a trial for human smuggling, an accusation he denies, in Nashville. And now the trial dates January 2026. But Reed, the open question is, will the Department of Justice try to deport Abrego-Garcia before the trial or keep him here to actually face a judge and jury? Scott, we know you're also following a Senate committee hearing today filled with drama. It's over that boat to push through Emil Bove's lifetime appointment as a federal judge. We know that on his questionnaire provided to those elected leaders, he had some pretty controversial answers. What happened? The controversial answers included a non-answer to the question, does the 22nd Amendment preclude a president from seeking a third term? Didn't answer it declaratively. That bothered some senators. He did not denounce the January 6th insurrectionists. That ruffled the feathers of some Democratic senators, but there were not the votes to stop Emil Bove from passing favorably through the Senate Judiciary Committee today. So as some form of protest to where this vote was going today and the fact that they could not extend the hearing, you see it there. Democrats in the Senate panel walked out in protest. The measure, the nominee still passed, Emil Bove included favorably, but Democrats are trying to make a statement here. They don't think Bove is qualified for a lifetime appointment to the court and they're concerned Senate Republicans try to jam this through. Scott, that committee also voted on former Fox host Jeanine Pirro to serve as U.S. Attorney for Washington, D.C. Did they push her through? Same hearing, same dynamic. She was reported favorably by the all Republican panel that remained in the room. Jeanine Pirro asked her those same questions about January 6th and about the 22nd Amendment. She said the 22nd Amendment does preclude a president from seeking a third term. And she also said that she was not aware that January 6th defendants who violently attacked police had received full pardons by the president. Of course, all January 6th defendants were issued clemency, nearly all of them pardons, including hundreds who were accused of violently assaulting police. That would raise some eyebrows. Scott McFarlane, CBS News Justice Correspondent. Always great to talk to you. We appreciate it.

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