This motion strategically uses the administration's own public rhetoric to challenge the legitimacy of the prosecution, forcing the court to address the growing concern of political weaponization. It is a calculated legal maneuver that highlights the fragile boundary between law enforcement and partisan retribution.
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🚨 Trump DOJ STUNNED by SECOND VINDICTIVE Prosecution Motion by Anti Hate Group!!!Added:
In the afterlow of the dismissal of Kilmergo Garcia's indictment for vindictive prosecution by the Department of Justice led in Washington, the Southern Poverty Law Center, one of the leading anti-hate group organizations in America, has filed its own motion to dismiss its indictment in Alabama for vindictive prosecution, citing to public statements made by Donald Trump, by FBI Director Cash Patel, by acting Department of Justice Attorney General Todd Blanch, by the uh Carolyn Levit, the the press secretary, you name it, they've all said it. And the Southern Poverty Law Center, which cites to Abrago Garcia's matter, I knew that was going to open the floodgates of vindictive prosecution motions, which are rarely filed and even even more rarely granted being filed against the Department of Justice. When the leadership in Washington is making all of the decisions, of course, it can be tied directly to Donald Trump's calls to dismantle the Southern Poverty Law Center. He calls it a Democratic hoax.
He calls it a group that actually funds terrorism instead of doing what it's been doing since 1971. It's been dismantling the architecture around hate groups, suing them out of existence, suing the KKK into financial ruin.
Instead, Donald Trump gaslights us, puts us in the upside down world, and says that the Southern Poverty Law Center funded things like Charlottesville, Virginia, and Unite the Right and Unite the White or whatever it was supposed to be when that is a lie. Southern Poverty Law Center, I've been relying on it since I was in college for accurate reporting for their undercover operations to take down using informants in any way they can, including lawsuits.
um white supremacist groups, anti-government groups, fascist groups, Antifa groups, but Donald Trump lumps them in as Antifa and says they must be put out of existence. The motion for vindictive prosecution, which is up on legal AF Substack for paid members to review, 47 pages, I think is a work of art. I'm going to go through it here, read to you from certain aspects of it, and tell you why I think they're going to be successful. And somebody that's in hot water right now is acting attorney general Todd Blanch. Emphasis on the word acting. Todd Blanch is so far on his resume as acting is the sea shell indictment against former FBI director James Comey, the indictment of the Southern Poverty Law Center, and the creation of the weaponization fund and his attempt to get it funded by Congress and the Senate in order to pay people who beat up police on Jan 6 to get them some cash. This does not bode well for his legacy. And I think the Southern Poverty Law Center was kind not to mention the fact that the 1776 fund created by Donald Trump, which is not going to be funded apparently by the Senate, would have if it if it were up and running, it would be funding the very paramilitary and terrorist organizations and white nationalist organizations that the Southern Poverty Law Center has spent a lifetime going after. If anybody's funding them, it is the Trump administration, not the Southern Poverty Law Center. I'm Michael Popak. You're here on Wednesday to kick off Legal AF. 12 fresh new videos all day today. And take a moment, hit the free subscribe button, okay? And I'll tie this to the Kilmer Abrego Garcia case. Here is uh how they kick off their filing. They started off with uh President Trump's own social media post on the 24th of April before the indictment. The Southern Poverty Law Center, one of the greatest political scams in American history, has been charged with fraud. This is another Democrat hoax along with ACT Blue and many others. If it's true, the 2020 presidential election should be permanently wiped from the books and be of no further force or effect. Thank you for your attention to this matter.
President DJT.
So, Southern Poverty Law Center produces every year a couple of things that seem to have rattled some white nationalist uh cages here, including the one Donald Trump resides in. Uh, one they published the heat, sorry, the hate map, like a heat map showing anti-government and uh, paramilitary, white nationalist, and other extremist groups activity in America. And they also published the year in hate. They've also been very public about the Trump administration and criticized them, which is why they're claiming this this uh, violates their first amendment rights as well.
Um, here's what they say on page one.
Uh, President Trump's triumphant state statement on April 24, 3 days after an indictment was unsealed against the Southern Poverty Law Center was the latest manifestation of a top-down retri retributive campaign in which he directed his justice department to go after those individuals in groups he deemed his political enemies. How will the Southern Poverty Law Center prove that? by getting uh criminal discovery Brady material from the government about the connection between uh Todd Blanch, the Alabama prosecutors, Akash Singh, Todd Blanch's right-hand person and the Alabama uh investigators and how closely tied the Department of Justice was to Alabama in bringing this decision to indict to carry out the president's directive, says the motion. Others in the administration targeted the SPLC.
The administration has falsely accused the SPLC of being anti-Christian, of aiding the Biden administration's weaponization of the Department of Justice, of participating in political violence, and most recently of helping to rig the 2020 election against President Trump.
It goes on uh he then they then say that after praising his indictment that his justice department handed him, President Trump went further. He publicly proclaimed the improper political motive behind the case, branding the Southern Poverty Law Center uh center a a Democratic hoax.
The president laid bare admissions of the true purpose of the charges against the SPLC uh are not only the only evidence of his impro are not only the only evidence of his improper charges against one of his perceived adversaries. And then they go off and talk about all of the clips and quotes from Cash Patel to Todd Blanch to Donald Trump. Well, let's play them in order.
Cash Patel, Todd Blanch, Donald Trump about the Southern Poverty Law Center.
Play them.
>> I just want to say that again. They used the fraudulently raised money by lying to their donor network, thousands of Americans to go ahead and actually pay the leadership of these supposed violent extremist groups. The groups as the general um laid out include the Ku Klux Clan, the United Clans of America, Unite to Right, National Alliance, the National Socialist Movement, the Aryan Nation Motorcycle Club, and the National Socialist Party of America, and also the American Front.
In at least one of these matters, our investigation revealed that funds were used to facilitate the commission of further state and federal offenses totaling over $3 million.
>> I want to make sure I understand. You're alleging that the Southern Poverty Law Center was paying the leaders of KKK and and other groups to continue their operations. Is that >> I'm not alleging it. The grand jury return an indictment that says that. And so what what the what the investigation found according to to the indictment that was returned today is that they were paying so so Southern Poverty Law Center is raising money asking folks to to give them money to dismantle racism and over a very long period of time. Um they were using some of the money they raised from donors to pay to they called them field you know the basically to to informants um to for information for access to just pay them for um for certain um to to do certain things and and so yes that's exactly what the indictment charges >> southern law is financing the KKK and lots of other radical terrible groups and then they go out and they say oh we've got to stop the KKK and yet giving them hundreds of thousands and even millions of dollars.
>> It's a total scam run by the Democrats.
Uh it shows you that like Charlottesville, Charlottesville was all funded by the Southern Law. That was a Southern Law deal, too. And it was done to make me look bad and it turned out to be a total fake. It basically was uh a rigged election. I hope one of your 60-minute episodes, which really hasn't changed very much from the last few years, I'm surprised, but one of those episodes should be on southern law and the fact that they spent millions and millions of dollars on absolute far right and just bad bad groups. And then they'd use those groups and they'd say, "These are Republican groups and we're coming to your rescue." And they're the ones that have funded it and they're the ones that kept them keep them going. And it's the series of false statements to try to justify the indictment that the Southern Poverty Law Center smartly uses against the indictment to prove that they have met their burden of showing either actual vindictiveness or at least carried their burden of showing presumption of vindictiveness, which shifts the burden to the government to prove that their prosecution is not vindictive. That's what happened in the Arbago Garcia case. the Abbrego Garcia case. While uh the judge in uh the middle district of Tennessee uh while he was not he did not find based on the limited record that there was actual vindictive prosecution, he said there was enough for the presumption based on statements made by again Todd Blanch that shifted the burden to the government and then the government did not properly shift the burden or prove which is how that burden shifting works.
prove that the indictment was not brought vindictively. And that's uh the two bites at the apple that a defendant like the SPLC gets in a federal courtroom. Uh and we're here, of course, um in Alabama, which is in the 11th Circuit. This is what they say on page 30 related to Abrao Garcia, which just got dismissed in the last 48 hours. In dismissing the indictment on page 30 against Mr. Abango Garcia. The district court there found that the government had not rebutted the presumption of indictiveness. As evidence to support the presumption, the court relied on statements by Mr. Blanch. The DOJ uh that DOJ reopened its investigation after Mr. Obago Garcia challenged his deportation, leading a Maryland federal judge to question the executive branch's deportation decision. Mr. Singh, also involved in Abrego Garcia, the right-hand person of the then deputy attorney general. Uh, Mr. Singh's direction of the Abrego Garcia indictment, according to the court, ties the indictment to Blanch's vindictive motive. The court found that credible objective evidence shows that but for Abrego Garcia's successful lawsuit, the government would not have indicted ago.
Uh there the record here, the Southern Poverty Law Center, like in Abrago Garcia, reveals sufficient evidence of presumed vindictiveness to justify dismissal or at a minimum, as the court did in that case, to order discovery as discussed in more detail below. Give us the documents, judge, and we'll come back and prove our case.
And I think that's exactly what's going to happen here. Now, it may take a minute just to put this on a proper timeline in Abrego Garcia. Um, they filed their papers, the motion for vindictive prosecution last summer. It took the judge, Judge Krenshaw, until October of 2025 to find that those papers supported at least a presumption of vindictive prosecution to shift the burden to the government. Now from October until he made his ruling in the in the uh towards the end of May, that's another six, you know, October, November, that's another six months, seven months. We finally got the vindictive prosecution result after a trial a couple of months ago in March.
So it's going to take a minute. This could be a 7 8 n month 10-month process.
Uh and and it may well go up as a BOGO Garcia will go up to the appellet court in this case the 11th Circuit Court of Appeals. The chief the justice of the Supreme Court who sits over the 11th is Clarence Thomas and then it goes to the United States Supreme Court. But this is not going to be repeat episodes.
I am going to be talking about motions for vindictive prosecution. Put it down in the time capsule at least 12 to to uh 20 more times in different parties, political enemies of Donald Trump as perceived before his administration is over.
Especially if Todd Blanch stays in his chair. There's nothing that's too low for Todd Blanch. Not after he indicted Comey over seashells. Not after he went and got his head handed to him by the Senate Republicans to set up a fund to reward people who beat up the police.
Not after going after the Southern Poverty Law Center. You know, it's one of the the titular organizations that supports our democracy and roots out hate groups and extremist groups in our society. And we got the head of the FBI, the head of the DOJ, and the head of the government going after them. What an upside down world. Only a federal court can write and right side up. James Comey is going to bring a vindictive prosecution motion. That's for sure.
He's already gotten a delay, an extension of his um return date or his trial date for his indictment to give him time to file that motion. So, that's coming if and when they ever indict John O'. Brennan, the um former CIA director, he's going to bring it. Same thing with Adam Schiff. If they ever get him on mortgage fraud BS, he's going to bring it. Leticia James, if they ever reindict her successfully, which they haven't as of yet, she's going to bring it. And the list goes on. Um but we'll continue to follow it all right here on Legal AF.
Thanks for letting us kick off your morning or your late day here on our channel. Hit the subscribe button. Help us to continue to grow our prodemocracy channel. Again, you'll be able to read this for yourself, this motion in Legal AF Substack for paid members. Until my next report, this is Michael. Can't get your fill of legal AF? Me neither.
That's why we formed the Legal AF Substack. Every time we mention something in a hottake, whether it's a court filing or a oral argument, come over to the Substack. You'll find the court filing and the oral argument there, including a daily roundup that I do called, wait for it, Morning AF. What else? All the other contributors from Legal AF are there as well. We got some new reporting. We got interviews. We got ad free versions of the podcast and hot takes. Where? Legal AF on Substack. Come over now to free subscribe.
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