Thread by @Tyler2ONeil

🚨DOJ SLAPS DOWN SPLC MOTION

The SPLC moved to dismiss the DOJ indictment for "vindictive prosecution," claiming that the Trump admin was targeting the leftist group for its free speech.

Here's why that doesn't work, according to the DOJ.

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storage.courtlistener.com/recap/gov.usco…

First, a motion to dismiss for vindictive prosecution often occurs when the government files a new indictment in an existing legal case. That's not the case here. "At bottom, this is a standard white collar fraud prosecution."

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The cases the SPLC cites in its own defense actually cut against its argument.

"The defendant does not even allege facts that would fit a recognized claim of vindictive prosecution."

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"The fact that an entity or person has engaged in... First Amendment protected activities cannot immunize that entity or individual from criminal prosecution on unrelated matters."

The SPLC faces wire fraud charges unrelated to its criticism of the Trump admin.

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The SPLC cites Trump admin attacks on the SPLC, but "an administration’s criticism of... a defendant is not de facto objective evidence that a subsequently returned indictment against the defendant by a fair and impartial grand jury is vindictive prosecution."

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Motions to dismiss for vindictive prosecution are not usually granted pre-trial.

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The SPLC noted that the Biden admin declined to bring charges, then charges came under Trump. But admins have different priorities. The Trump admin "publicly and aggressively prioritizes stamping out fraud."

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The DOJ notes that "many of the core facts" are "not in dispute."
The SPLC acknowledged paying informants & that it didn't share the use of informants "broadly."
They key debate isn't primarily about the facts, it's about the SPLC's motivations.

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The DOJ says the SPLC is "unlikely to contest that its employees created and then utilized a series of fictitious entities to funnel donors’ money through multiple bank accounts to the leaders of violent extremist organizations."

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The SPLC's "claim that its prosecution for these financial fraud offenses is actually a disguised attack on its [free speech] should be viewed for exactly what those arguments are—attempts to distract, deflect, and win over the media and public before trial."

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The DOJ makes a strong case that the court should reject the SPLC's motion to dismiss.

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Reminder: here's what the case is actually about. The SPLC stands accused of wire fraud, bank fraud, and conspiracy to conceal money laundering for funding members of the KKK and neo-Nazi groups. It's not about SPLC's political speech.

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https://x.com/Tyler2ONeil/status/2062196040074154029