In short
The episode covers the Abrego Garcia case, alleging Trump administration civil-rights violations and prosecutorial misconduct after a court-ordered release. Michael Popak says Garcia was freed by a Tennessee magistrate (Judge Holmes) due to concerns about the indictment and evidence, including testimony from convicted felons. Popak claims ICE then violated Judge Zinnis’s orders by failing to let Garcia report by phone, withholding his detention location and paperwork, and preventing lawyer access. He alleges the government “extorted” a guilty plea by threatening deportation to Uganda (and mentions Costa Rica as a supposed alternative).
Key claims
multiple federal orders were violated; Garcia is being punished for asserting rights; a new emergency habeas corpus petition is filed in Maryland.
Notable examples
missed 10 a.m. ICE call; no detention-center disclosure; lawyers denied access.
Guests
none named as guests; Popak references lawyers Simone Sandoval Motionberg and Sean Hecker.
Written by AI. May contain mistakes. Listen to the episode to check what was said.
Chapters
Tap a time to open that second in VOOverview of the Abrego Garcia Case
0:00 to 1:49
Learn about the emergency petition filed for Abrego Garcia's civil rights.
“In breaking news, we've got developments in the Abrego Garcia matter, as expected.”
Legal Proceedings and Violations
1:49 to 3:56
Details on the legal orders violated regarding Garcia's detention.
“Take a moment and hit that subscribe button as well.”
Lawyer's Press Conference Insights
3:56 to 6:51
Insights from Garcia's lawyer on the issues with ICE and his detention.
“He got picked up and wasn't allowed to telephone in to report.”
Legal Strategies and Upcoming Hearings
7:14 to 10:47
Discussion of legal strategies and the upcoming hearing for Garcia.
“So the emergency complaint or emergency motion, which I'm going to tell you what I'm reasonably confident, having done this for a while, is going to represent.”
Transcript
Automatic transcript. May contain errors.0:00Michael Popok:In breaking news, we've got developments in the Abrego Garcia matter, as expected. A new emergency complaint petition, writ of habeas corpus, has been filed in front of Judge Zinnis because the Trump administration is violating Abrego Garcia's civil rights, his rights to due process once again, because they are in a vindictive way, in a malicious way, they're trying to punish him for refusing to plead guilty to crimes that he says he did not commit in order to get some sort of sweetheart deal to be deported and removed to Costa Rica. And when he said no, he wants his day in court to prove that he didn't commit these crimes and to expose the Trump administration effectively.
0:41Michael Popok:They said, fine, you're going to Uganda. You can just tell that's a Stephen Miller special. You're going to Uganda if you're not going to play ball with us. We have a word for that. It's called extortion. It's called prosecutorial misconduct and abuse, and federal judges don't take kindly to it. We got the brand new lawsuit that's been filed here, breaking Monday morning, 938. And how we got here, including the fact that Trump administration has violated at least two different orders of federal judges at this early morning hour. I am sure Judge Zinnis is going to call everybody together this afternoon, and I'll be doing another hot take on the emergency hearing.
1:19Michael Popok:and why the entire weight of the federal government, Department of Justice, ICE and Homeland Security, and Donald Trump is being brought to bear to try to crush into oblivion. A guy named Abrego Garcia is beyond me other than the fact that we are all Abrego Garcia because he's just a proxy for us and the rest. I'm Michael Popak. We're here together on Legal AF YouTube on Monday morning with this breaking update about the Abrego Garcia case. Take a moment and hit that subscribe button as well. He was released on Friday because a magistrate, federal magistrate judge in Tennessee, Judge Holmes, ruled that he could not be detained pretrial any longer.
2:04Michael Popok:She questioned his indictment. She questioned the evidence that supported that indictment, such as it was, including three different convicted felons or people staring at their own deportation, testifying against him in return for freedom. And she released him. Now, she had an order that ran parallel to Judge Zinnis' order because she's the judge in Maryland, upheld by the United States Supreme Court, that is presiding over his civil liberties abuse case. Judge Holmes said he's to be released from the federal detention related to his criminal indictment, the one that Trump administration Department of Justice created in April, April and May, about him being a human smuggler or trafficker, smuggler.
2:53Michael Popok:and she released him from that detention with an order that said he had until Monday today at 10 a.m. to report by phone into ICE Baltimore off-field office. That never happened. He got picked up or told to turn himself in and when he turned himself in or got picked up by ICE, it's still a developing story, the ICE people would not tell his lawyer in violation of Judge Holmes's order, what detention center he was being brought to, or what the nature of that, the reason for the detention. That detention violates Judge Zinnis's order because she ordered two weeks ago that when he's released from Tennessee, he is to go straight to Maryland and be given the same conditions of release that he's had for years to be restored to that place, as if he had not been removed and sent to El Salvador, starting his Kafkaesque horror story that we've been all watching very, very intently to keep focus on what's happening there.
3:55Michael Popok:That didn't happen. So two different orders were violated. He got picked up and wasn't allowed to telephone in to report. And his lawyers were not told where he was because Judge Holmes made it clear he needed access, Abrego Garcia, to his lawyers by phone or in person to prepare his defense for Tennessee. see that didn't happen. And Judge Zinnis said he's not supposed to be picked up at all. So I've got a clip now of the lawyer. I know one of two lawyers that I know, Simone Simon Sandoval Motionberg, who's doing this case for free, along with his lawyer, Sean Hecker, who's a friend of mine on behalf of the Braco Garcia family.
4:31Michael Popok:Here's a press conference that just happened this morning. His arm to be twisted to take a guilty plea if he doesn't want to. His constitutional right to exercise his right to a jury trial on his criminal proceedings if he so chooses and his constitutional right and his right under the bail reform act to leave the prison and come home to his family. He's being punished for exercising those rights.
4:55We asked the ICE officer what the reason for his detention was. The ICE officer didn't answer. The ICE officer stated that he'll be taken to a detention center. We asked the ICE officer which detention center. The ICE officer said that they weren't able to say. We asked the ICE officer for a copy of any paperwork that's being served on him today. The ICE officer wouldn't commit to even giving us that paperwork.
5:21In the last five minutes, Mr. Obrego Garcia has filed a new lawsuit in the Federal District Court for the District of Maryland, challenging his current confinement and challenging deportation to Uganda or to any other country unless and until he's had a fair trial as in an immigration court, as well as his full appeal rights.
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7:00Michael Popok:That's free premium meals for life by using code LEGALAFFREE or going to cookunity.com slash LEGALAFFREE. Terms and conditions apply. Go to cookunity.com for details. Yeah, this is the problem. So the emergency complaint or emergency motion, which I'm going to tell you what I'm reasonably confident, having done this for a while, is going to represent. Now, the reason I don't have it and I've been looking for it is I know it's on the docket because I'm looking at the electronic docket that says it's been updated at 933 and 957. But every time I go in there, maybe because so many different people are trying to get their hands on this new petition, it's not updating.
7:45Michael Popok:but I will, as this, you know, you can tell we're doing sort of a live hot take here. As this hot take continues, we're going to, I'm going to get more information. And when I get the complaint at the time that the hearing happens, because there's going to be a hearing, I am sure that Judge Zinnis is none too pleased that her orders have been violated. Once again, she's already been affirmed with her original order to get him out of El Salvador door back to her, which was violated, affirmed twice by the Fourth Circuit Court of Appeals and once by the United States Supreme Court, 9-0. This MAGA-leaning Supreme Court, you can't get them to agree to anything, let alone 9-0.
8:26Michael Popok:So she's not going to be pleased that her order's been violated, that he's been jerked around, he's a pawn. And the action of saying, effectively, the government saying, F you, you're going to Uganda now because you're not going to take, we're extorting you and you're not agreeing to be extorted, to take the plead guilty to crimes you say you didn't commit and we'll send you to Costa Rica if you're a good boy. And his lawyer said, no, he wants his day in court to prove he didn't do the case. And we got a motion pending to dismiss the indictment for vindictive prosecution and abuse of prosecutorial misconduct, which is likely to be granted.
9:03Michael Popok:So why would we, you know, we're trying to, they're trying to bury their scandal by having him plead guilty to the indictment. He said, no, they said Uganda. All right, that act of continued prosecutorial misconduct is evidence for two different motions. One before Judge Crenshaw in Tennessee to dismiss outright the indictment for prosecutorial misconduct and vindictive prosecution. And they got the goods. They got the evidence. We're watching it, including what just happened today. This package of evidence is also supporting the new petition, the new emergency application before Judge Zinnis, the same judge, to get him to, A, I don't know if it's going to get him out, but the goal is to not have him go to Uganda.
9:50Michael Popok:He can go to other countries, but not Uganda. And now, because the Trump administration has overplayed their hand and abused this person mercilessly, it's up to a federal judge to step in. I think that the complaint, the new petition, is going to be a petition for writ of habeas corpus to bring the body literally out of detention before her. It's going to be an emergency application for constitutional violations, violations of the Immigration Naturalization Act, violations of a bunch of other laws, and an injunction to have him stay in Maryland under her until full briefing on these issues. And not be sent tonight or today on a 72-hour notice to Uganda.
10:30Michael Popok:She had ordered Judge Zinnis that the defense counsel be given 72 hours, but we're coming up on the 72 hours here. You know, we don't want wheels up Uganda. Look how hard it was to get them out of El Salvador. So she's going to have to call this hearing together very, very quickly. I don't know if it's noon or two o 'clock Eastern time, but it's happening today. And I'll report on it right here on Legal AF and on the Midas Touch Network. And on Legal AF Substack, where I'm doing live reporting and updating on this case in real time as it happens. You got to be a subscriber to know about that. Come over to Legal AF Substack and we have free subscribers and those that really want to support us.
11:10Michael Popok:And if they can, you have paid subscriptions as well. So until my next report, I'm Michael Popak. 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 hot take, 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 call, 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.
11:44Michael Popok:Wear Legal AF on Substack. Come over now to free subscribe.
From the publisher
In breaking news, the Trump Administration has violated Kilmar Abrego Garcia’s civil liberties again, taken him into ICE custody in violation of Judge Xinis order, and his lawyers have been forced to file an Emergency new injunction suit with Judge Xinis to stop him from being deported to Uganda as retaliation for him not agreeing to plead guilty to crimes he likely did not commit. Michael Popok briefs our audience on this fast-moving story.
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