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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSouthern Poverty Law Center seeks dismissal of criminal charges, saying prosecution is vindictive
This prosecution is clearly vindictive and should be dismissed
Link to tweet
https://www.cbsnews.com/news/southern-poverty-law-center-seeks-dismissal-criminal-charges-vindictive/
Washington The Southern Poverty Law Center on Tuesday asked a federal judge to dismiss the criminal charges filed against it by the Justice Department, saying the indictment represents a "top-down, retributive campaign" directed by President Trump to target his enemies.
The 47-page filing in the U.S. District Court for the Middle District of Alabama documents a series of public statements by the president and other top administration officials targeting the center, including one in which Mr. Trump called it "one of the greatest political scams in American History."
"This is the very definition of a vindictive prosecution," lawyers for the SPLC wrote. "The Court should dismiss the indictment as a violation of due process."
The Justice Department secured an 11-count indictment in April, charging the civil rights nonprofit with wire fraud and bank fraud. The indictment alleges that the group, which is best known for its work to oppose the Ku Klux Klan, lied to donors about paying confidential informants to infiltrate hate groups and deceived banks about the bank accounts used to make those payments....
Numerous former federal prosecutors have publicly weighed in on the indictment against the SPLC, saying it appears to be weak and has a likely chance of being dismissed due to a variety of legal defects with how the case is charged.
In the group's motion to dismiss the charges on Tuesday, its lawyers noted that investigators from the FBI and IRS probed the organization and interviewed several people sometime between 2019 and 2020, but never sought criminal charges.
The 47-page filing in the U.S. District Court for the Middle District of Alabama documents a series of public statements by the president and other top administration officials targeting the center, including one in which Mr. Trump called it "one of the greatest political scams in American History."
"This is the very definition of a vindictive prosecution," lawyers for the SPLC wrote. "The Court should dismiss the indictment as a violation of due process."
The Justice Department secured an 11-count indictment in April, charging the civil rights nonprofit with wire fraud and bank fraud. The indictment alleges that the group, which is best known for its work to oppose the Ku Klux Klan, lied to donors about paying confidential informants to infiltrate hate groups and deceived banks about the bank accounts used to make those payments....
Numerous former federal prosecutors have publicly weighed in on the indictment against the SPLC, saying it appears to be weak and has a likely chance of being dismissed due to a variety of legal defects with how the case is charged.
In the group's motion to dismiss the charges on Tuesday, its lawyers noted that investigators from the FBI and IRS probed the organization and interviewed several people sometime between 2019 and 2020, but never sought criminal charges.
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Southern Poverty Law Center seeks dismissal of criminal charges, saying prosecution is vindictive (Original Post)
LetMyPeopleVote
Tuesday
OP
Deadline Legal Blog-Southern Poverty Law Center cites rare Abrego vindictiveness victory in seeking dismissal
LetMyPeopleVote
Thursday
#3
Response to LetMyPeopleVote (Original post)
Name removed Message auto-removed
struggle4progress
(126,746 posts)2. Something's behind Donny's rage. Was he laundering money for the Klan?
There must be a reason he's so pissed as the SPLC
LetMyPeopleVote
(182,614 posts)3. Deadline Legal Blog-Southern Poverty Law Center cites rare Abrego vindictiveness victory in seeking dismissal
Defense lawyers said the civil rights group was only charged after clear instigation by President Trumps statements and the actions of DOJ leaders.
Link to tweet
https://www.ms.now/deadline-white-house/deadline-legal-blog/splc-vindictive-prosecution-doj-kilmar-abrego-garcia
Kilmar Abrego Garcia won a rare legal victory last week when a federal judge in Tennessee dismissed his indictment on the grounds that it was an unconstitutionally vindictive prosecution. The judge found that the Trump-controlled Justice Department charged Abrego only because he filed a successful civil lawsuit securing his return from El Salvador after the administration illegally sent him there in violation of a court order.
Because vindictive prosecution motions rarely succeed, its no surprise that Abregos win already features in a new motion to dismiss another set of allegedly vindictive charges, as lawyers for the Southern Poverty Law Center argue that the civil rights groups Alabama indictment should likewise be dropped before trial.
In their motion filed Tuesday, the SPLCs lawyers noted that just last week, another federal court dismissed criminal charges in part because acting Attorney General Todd Blanche and Deputy Associate Attorney General Aakash Singh had directed a vindictive prosecution. The defense lawyers called Abregos dismissal the latest shift towards the demise of any presumption of regularity owed to the Trump DOJ....
In their motion to dismiss, the groups lawyers called the charges the latest manifestation of a top-down, retributive campaign in which he [Trump] directed his Justice Department to go after those individuals and groups he deemed his political enemies, including the SPLC. The defense lawyers said the indictment is retaliation for exercising First Amendment rights to identify, report on and criticize extremist hate groups.
The Administration has falsely accused the SPLC of being anti-Christian, of aiding the Biden Administrations weaponization of the Department of Justice, of participating in political violence, and, most recently, of helping to rig the 2020 election against President Donald Trump, the SPLCs motion said, adding that those examples of the governments animus over the past year culminated in the criminal charges against the SPLC an indictment premised on conclusory accusations but devoid of provable facts or a proper statement of the law.
Abregos case isnt the only one cited in the SPLCs motion. But the groups lawyers argue that their case similarly reveals sufficient evidence of presumed vindictiveness to justify dismissal of the indictment or, at a minimum, as the court did in that case, to order discovery before it rules. If the judge in the SPLC case orders such discovery as the next step, then that would allow for more of an investigation into the circumstances surrounding the indictment before deciding whether to take the bold step of dismissing it as vindictive....
Attempting to show why their case should lead to the same result, the SPLCs lawyers sought to draw a similarly corrupt timeline in their dismissal motion. They noted that no charges were brought after the Biden administration had reviewed the matter but then, they wrote, as part of President Trumps specific targeting of civil rights groups and his and his officials particular focus on the SPLC, a dormant or closed investigation was revived, and the charges in this case were filed.
They said the resulting indictment came after the clear instigation by President Trumps statements, his executive orders, and the actions to implement those statements and orders by then-Attorney General [Pam] Bondi and Acting Attorney General Blanche, along with Director Patel.
Because vindictive prosecution motions rarely succeed, its no surprise that Abregos win already features in a new motion to dismiss another set of allegedly vindictive charges, as lawyers for the Southern Poverty Law Center argue that the civil rights groups Alabama indictment should likewise be dropped before trial.
In their motion filed Tuesday, the SPLCs lawyers noted that just last week, another federal court dismissed criminal charges in part because acting Attorney General Todd Blanche and Deputy Associate Attorney General Aakash Singh had directed a vindictive prosecution. The defense lawyers called Abregos dismissal the latest shift towards the demise of any presumption of regularity owed to the Trump DOJ....
In their motion to dismiss, the groups lawyers called the charges the latest manifestation of a top-down, retributive campaign in which he [Trump] directed his Justice Department to go after those individuals and groups he deemed his political enemies, including the SPLC. The defense lawyers said the indictment is retaliation for exercising First Amendment rights to identify, report on and criticize extremist hate groups.
The Administration has falsely accused the SPLC of being anti-Christian, of aiding the Biden Administrations weaponization of the Department of Justice, of participating in political violence, and, most recently, of helping to rig the 2020 election against President Donald Trump, the SPLCs motion said, adding that those examples of the governments animus over the past year culminated in the criminal charges against the SPLC an indictment premised on conclusory accusations but devoid of provable facts or a proper statement of the law.
Abregos case isnt the only one cited in the SPLCs motion. But the groups lawyers argue that their case similarly reveals sufficient evidence of presumed vindictiveness to justify dismissal of the indictment or, at a minimum, as the court did in that case, to order discovery before it rules. If the judge in the SPLC case orders such discovery as the next step, then that would allow for more of an investigation into the circumstances surrounding the indictment before deciding whether to take the bold step of dismissing it as vindictive....
Attempting to show why their case should lead to the same result, the SPLCs lawyers sought to draw a similarly corrupt timeline in their dismissal motion. They noted that no charges were brought after the Biden administration had reviewed the matter but then, they wrote, as part of President Trumps specific targeting of civil rights groups and his and his officials particular focus on the SPLC, a dormant or closed investigation was revived, and the charges in this case were filed.
They said the resulting indictment came after the clear instigation by President Trumps statements, his executive orders, and the actions to implement those statements and orders by then-Attorney General [Pam] Bondi and Acting Attorney General Blanche, along with Director Patel.