Trump Caught in Massive Fraud in Court as Abrego Set Free

Summary

Legal AF by MeidasTouch: “Trump Caught in Massive Fraud in Court as Abrego Set Free”

Episode Date: December 12, 2025
Hosts: Michael Popok (national trial lawyer strategist), with mentions of Ben Meiselas and Karen Friedman Agnifilo
Network: MeidasTouch Network

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Episode Overview

This episode focuses on two major legal issues:

1. The release of Kilmer Armando Abrego Garcia from ICE detention after a federal judge condemned the Trump administration’s conduct as “Kafkaesque torture.”
2. The legal repercussions facing the Trump administration for apparent fraud and repeated misrepresentations to the courts regarding Abrego Garcia’s status and deportation—a situation that may lead to contempt of court proceedings.

Host Michael Popok offers in-depth legal analysis, breaks down Judge Zinnis’s ruling, and discusses the significance of judicial oversight in high-stakes political cases.

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Key Discussion Points & Insights

1. Judge Orders Immediate Release of Abrego Garcia

• Main Event: Federal Judge Paul Zinnis granted attorneys' petition for habeas corpus, ordering Abrego Garcia’s immediate release from ICE custody after finding significant due process violations.
• Background: Abrego Garcia had previously been removed illegally to El Salvador—despite having a court order blocking his removal—and allegedly suffered torture there.
  • “This is a person who is illegally removed to El Salvador and tortured upon arrival along with 200 other people from Venezuela. But he had an order of non removal to El Salvador.” (04:21)

2. Government’s Misconduct Identified by the Court

• Sixteen Government Witnesses: Judge Zinnis found that 16 government witnesses, including senior ICE officials, were unprepared or provided false or misleading testimony.
• Changing Stories: The Department of Justice (DOJ) and Homeland Security attempted to send Abrego Garcia to various unwilling countries, often fabricating claims about those countries’ willingness to accept him.
  • “Every time they announced the African country and they kept changing it, Ghana, Uganda, all different ones, every time they announced one, the countries saw it in the paper and said, we didn’t agree. We’re not accepting Abrego Garcia.” (05:25)
• Costa Rica Refutes DOJ Claims: DOJ claimed Costa Rica rejected Abrego Garcia, but the Costa Rican Justice Minister confirmed they would take him, which Judge Zinnis noted as evidence of government deception.
  • “When the justice Minister in Costa Rica read that, he jumped up and said, we’re willing to take him… A fact noted by the judge.” (06:11)

3. Core Legal Principle: No Order, No Detention

• Crucial Finding: The Trump administration acknowledged during oral argument that the only legitimate ground for detention was to effectuate an order of removal. There was no such order.
  • “Indeed, at oral argument, Respondents Counsel Trump administration acknowledged that the only legitimate ground to hold Abrego Garcia was to effectuate a removal... And yet there was no order of removal to anywhere.” (10:20)

4. Kafkaesque Judicial Condemnation

• Harsh Critique: Judge Zinnis described Abrego Garcia’s treatment as “Kafkaesque torture,” asserting that procedural abuses and falsehoods compounded the injustice.
  • “She said going through all of the Kafkaesque procedural torture that he was subjected to. Donald Trump and Pam Bondi and the border czar and Kristi Noem, all cosplaying tough guys.” (07:28)

5. Government Held in Contempt of Court

• Unprepared Witnesses: Key ICE witnesses, including John Schultz and Jonathan Cantu, admitted they were uninformed, and Cantu only spent five minutes preparing.
  • “Schultz was not prepared at all… candidly admitted that he had not even seen Costa Rica’s own correspondence on the issue.” (08:11)
  • “Cantu candidly admitted he had no prior involvement... spent five minutes preparing to testify. Cantu also shared that none of the respondents attorneys had discussed this court’s order with them, so they didn’t even prepare him by letting them know what this court had ruled.” (11:50)
• Potential Contempt Proceedings: Judge Zinnis signaled intent to pursue contempt against the Trump administration, echoing similar proceedings already started in DC by Judge Boasberg.
  • “That is a nice way of saying she is going to be starting contempt proceedings against the Trump administration…” (13:10)

6. Judicial Record & Appeals

• Judge Zinnis’s Record:
  • She has already been affirmed twice by the Fourth Circuit and once by the U.S. Supreme Court in this very case, suggesting a high likelihood her new ruling will stand if appealed.
  • “She’s already three and oh, in appellate courts, including up to the United States Supreme Court in this case.” (14:33)

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Notable Quotes & Memorable Moments

• On Government Deception:
  • “Lies upon lies upon lies, all cataloged by the judge in her order.” (07:39)
• On the Systematic Failures:
  • “Each witness, Judge Zinnis observed, ruled, found, was either unprepared or defiant in their refusal to answer questions.” (12:50)
• On Judicial Independence:
  • “That’s why we have judges like this one.” (06:58)
• On the Significance of the Ruling:
  • “You want to take on Judge Zinnis… she’s already three and oh, in appellate courts, including up to the United States Supreme Court in this case.” (14:33)

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Key Timestamps for Important Segments

• [03:00] — Summary of the Abrego Garcia case and illegal deportation
• [04:21] — Graphic details of Abrego Garcia’s ordeal and due process violation
• [05:25] — How governments lied about third countries’ willingness to accept Abrego Garcia
• [06:11] — Costa Rican Justice Minister rebukes U.S. government claims
• [07:28] — Judge Zinnis’s condemnation of “Kafkaesque torture”
• [08:11] — Testimony of ICE’s John Schultz; government unpreparedness
• [10:20] — Key oral argument: no removal order existed
• [11:50] — Jonathan Cantu’s testimony further exposes administration
• [12:50] — Court documents underline witness failures and judge’s response
• [13:10] — Impending contempt proceedings against the Trump administration
• [14:33] — Judge Zinnis’s appellate success bolsters her position

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Conclusion

This episode spotlights the importance of judicial oversight and the perils of executive overreach. Through the personal story of Kilmer Abrego Garcia, listeners experience a real-world illustration of due process violations, government deception, and the resilience of the courts in enforcing the law—even against determined political opponents.

Listen to Legal AF for updates on the emergency appeals and continued fallout from this high-profile case.

Transcript

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And in breaking news, Federal Judge Paul Azinis has granted Abrego Garcia's motion for writ of or petition for writ of habeas corpus to have him removed from ICE detention immediately. And she means immediately based on the Kafka esque torture scenario that he has been subjected to because of the Department of Justice. And she's not pleased that 16 different government witnesses didn't tell the truth to her. And she says she's gonna take it up at a later time. But for right now, she's unlocking the door and letting Kilmer Abrego Garcia out of his nightmare. At least for now. This is a person who is illegally removed to El Salvador and tortured upon arrival along with 200 other people from Venezuela. But he had an order of non removal to El Salvador. In fact, there is no order of removal to remove Abrego Garcia from the United States. And that alone is the main reason the judge ruled if you don't have a removal order from an immigration judge, then your detention to facilitate a removal is in and of itself a due process violation. And once the government admitted in her courtroom that there was no removal order, game over. But that doesn't stop the government from sending in a series of lawyers and a series of witnesses who are not prepared on purpose to answer the judge's questions. Questions. And when they didn't like that, Abrego Garcia said he would go to Costa Rica. He. He says he will go to Costa Rica today. Right now. That's where a Lot of people want to go offshore who speak Spanish, who want to remain close to the United States and their family. And to punish him for not pleading guilty to a crime that he says he did not commit, they said, fine, we're going to send you to a series of African countries 3,000 miles away. And every time they, the judge noted, every time they announced the African country and they kept changing it, Ghana, Uganda, all different ones, every time they announced one, the countries saw it in the paper and said, we didn't agree. We're not accepting Abrego Garcia. And then she noted that the Department of Justice and Homeland Security lied to her and said that Costa Rica no longer was an option, that they no longer wanted Abrego Garcia. Well, when the justice Minister in Costa Rica read that, he jumped up and said, we're willing to take him. We are willing to take him. A fact noted by the judge. Let me read to you from her order and then I'll get to the memorandum of law. Both are posted in legal a F sub stack for paid members. Petitioner Kilmer Armando Abrego Garcia's petition for habeas corpus is granted. He shall be released from ICE custody immediately. He shall. Respondents, the Trump administration shall notify Abrego Garcia's counsel of the exact time and location of where he will be released with enough notice so they can get there and update the court in a filing. And the respondents, the Trump administration, Department of justice, shall transmit this order and my memorandum opinion to all relevant officers and agents and employees under their control and in the pending criminal case in Tennessee, including Judge Crenshaw, and then come back to me with a briefing schedule because we got more work to do in this case now that I've let him out. The findings that she made, she said going through all of the Kafka esque procedural torture that he was subjected to. Donald Trump and Pam Bondi and the border czar and Kristi Noem, all cosplaying tough guys. He'll never be in America. We'll never bring him back. We'll never see him again. Including having the president of El Salvador, the dictator, fascist dictator of El Salvador, come and taunt the family and the Americans about the abuse of due process. And that's why we have judges like this one. And then, you know, well, he's going to Eswatini, 3,000 miles away. And then Eswatini hears about it and says, we don't want him. And then they say he's going to Liberia. Liberia says, we don't want him. Uganda we don't want him and we can't send him to Costa Rica. Judge she said, why not? They said, oh, Costa Rica doesn't want him. And then Costa Rica leapt up and said, we want him. Lies upon lies upon lies, all cataloged by the judge in her order. This is where they continue to screw up. The court held evidentiary hearings. The first witness she chastises is John Schultz, the deputy assistant director of ICE Enforcement and Removal Operations. On page nine of the order, he says, contrary to the court's order, Schultz was not prepared at all to discuss Costa Rica's offer to accept Abrego Garcia as a refugee. He candidly admitted that he had not even seen Costa Rica's own correspondence on the issue. He said he'd been told nothing about why the respondents had not yet processed Abrego Garcia and his removal to Costa Rica. Counsel for Abrego Garcia, in turn emphasized his client's continued willingness to go to Costa Rica. It's called the Holiday Credit Dip, and it hits millions of people every year, and most don't see it coming. The holidays roll in. You swipe your credit card a few extra times, your balance goes up and your credit score drops. That's where Smart Credit comes in. Smart Credit helps you stop the dip before it happens. Their patented technology pinpoints exactly which bills to pay and when to maximize your credit score. In fact, the average Smart Credit user can see an increase of 34 points in just 30 days. 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Suddenly with Cantu's testimony, the government wants to seal the proceedings to keep the prying eyes of the public out, which of course she denied at the hearing on November 20 that she held, she says on page 13, it became evident that once again, respondents, the Trump administration defied this court's orders. We have another name for that. It's called contempt of court. They simply refused to prepare and produce a witness with knowledge to testify in any meaningful way. Cantu candidly admitted he had no prior involvement in Abrego Garcia's case and spent five minutes preparing to testify. Cantu also shared that none of the respondents attorneys had discussed this court's order with them, so they didn't even prepare him by letting them know what this court had ruled or showed him its contents. Nor did he understand the purpose of his testimony. I've been doing this a long time. It's a bad start for a witness in front of a judge. The judge notes in paragraph in footnote 12 on page 13 that Cantu is the sixth witness whom the court directed the respondents to prepare for either deposition or in court testimony concerning this case. Each witness, Judge Zinnis observed, ruled, found, was either unprepared or defiant in their refusal to answer questions. The court will consider the entire course of conduct when it reaches the motions pending in Abrego. 1. That is a nice way of saying she is going to be starting contempt proceedings against the Trump administration, following in the footsteps of Judge Boasberg in District of Columbia who's already started criminal contempt proceedings against the Trump administration. She's going to do it too. Here was the back and forth between Abrego Garcia's lawyers and Mr. Cantu. You'll see why the judge is upset. They're just going through his sworn declaration prepared and he swore under penalty of perjury was true and correct. Just asking simple follow up questions based on words and phrases used in his own affidavit counsel. So let's go to paragraph four of his affidavit final sentence. Do you see where it says the words certain understandings? I found it. Yes, I do. I see it. What are the certain understandings referenced in that sentence? I don't know. What are the contingencies referenced in the last sentence? I don't know. What are the quote, interim developments referenced in paragraph 5 of your declaration that you signed? I don't know. And after a long sidebar, the judge didn't like the fact that the Department of Justice lawyer told told the judge, see we told you he wouldn't know anything. Basically conceding that they put on a dummy witness in defiance of the court's order. She says in her in her page 14 of her order that Jonathan Going, who was questioning Cantu said. But for the Trump said at sidebar, I'll just say I told you this was exactly what was going to happen regarding the witnesses ignorance on Costa Rica as a viable country of removal and and so on. So what's going to happen? Trump administration is going to have to take an emergency appeal. I'll cover it if that happens. I'll do that. On legal AF substack live up to the 4th Circuit Court of Appeals. Now let me give you a little bit of a cheat sheet here for Judge Zitis. She's very smart and she's already been affirmed twice by the Fourth Circuit Court of Appeals concerning her actions in this particular case. Twice. One scared the crap out of the Trump administration in the way that it was written. She was also affirmed 90 by the United States Supreme Court in ordering that confirming her order that the Trump administration had to facilitate the return of Abrego Garcia from the C COP prison in El Salvador. And yet they still waited three more months and only did that after they indicted him in Tennessee. As if the judge wouldn't notice all of that. So you want to take on Judge Zinnis. You want to see if she's wrong? She's already three and oh, in appellate courts, including up to the United States Supreme Court in this case. We'll follow it all. You're here on the Midas Dutch Network. I'm Michael Popak. There's ways to watch my work if you enjoy it. I do about 30 to 40 videos a week. I do a big batch here on the Midas Touch Network. I do illegal af the podcast on Wednesdays and Saturdays at 8pm Eastern time here on on this YouTube channel. I do a podcast called the Intersection on Tuesday nights, 8pm Eastern time on the Midas Touch Network. And then I'm the founder and curator of Legal AF, the YouTube channel. Come over to Legal AF YouTube channel. Hit the free subscribe button there 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 sub stack. 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 argument there, including a daily roundup that I do called wait for it Morning af. What else? All the other contributors from Legal AOFF 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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