Judge Denies SPLC Motion to Dismiss and Bars Discovery Into Prosecutors’ Motives
The ruling leaves an 11-count indictment in place, shifting the dispute to whether DOJ and FBI records must be produced.
Overview
- Judge Emily C. Marks denied the Southern Poverty Law Center’s request to dismiss an 11-count indictment and refused to allow discovery into alleged vindictive prosecution because the SPLC did not present “some evidence” of prosecutorial animus.
- The indictment, unsealed in April and superseded in June, charges the SPLC with six counts of wire fraud, four counts of false statements to a federally insured bank, and one count of conspiracy to conceal money laundering.
- After the opinion was issued, the SPLC filed a motion to compel DOJ and FBI records that it says would show past law-enforcement reliance on SPLC informant tips and potentially exculpatory material.
- Prosecutors have warned that some responsive FBI documents could be classified, a claim that would limit disclosure and is now central to the parties’ pending discovery fight.
- The court rejected public statements and a congressional whistleblower letter as insufficient to show causation, leaving the case active and focused on procedural battles over records production and classification claims.