WASHINGTON — A Justice Department indictment against the Southern Poverty Law Center is part of a “top-down” campaign of retribution against President Donald Trump’s perceived political enemies and constitutes a vindictive prosecution that must be dismissed, lawyers for the nonprofit argued Tuesday in urging a judge to toss the case out.
The Alabama-based nonprofit was indicted in April on fraud and money laundering charges that accuse it of misleading donors by paying informants inside white supremacist and other extremist organizations to obtain inside information about their activities.
Lawyers for the SPLC have already argued that law enforcement agencies have long known that the nonprofit paid informants to report on the movements of hate groups. They have also said acting Attorney General Todd Blanche made a false statement at a news conference and in interviews when he said the organization had not shared with law enforcement information it had learned from informants. Blanche later appeared to walk back that claim in a television interview, saying it was true that the SPLC had “selectively” shared information with law enforcement over the years.
The attorneys for the center expanded on those arguments Tuesday, saying in a motion to dismiss the case that the prosecution was the “culmination of a top-down, retributive campaign” in which Trump pushed the Justice Department “to go after those individuals and groups he deemed his political enemies, including the SPLC.”
Defense says indictment fits broader retaliation campaign
The motion was filed against the backdrop of other politically charged prosecutions that have raised concerns that the Justice Department is operating as a weapon to target Trump’s opponents. It aims to draw a parallel between the SPLC indictment and the human smuggling prosecution of Kilmar Abrego Garcia, which was dismissed Friday on similar vindictive prosecution grounds by a judge who called the case an “abuse of prosecuting power.”
The SPLC has said its now-defunct program of paying informants to infiltrate hate groups was developed to glean key insights into their activities so that potential victims could be protected. An earlier federal investigation into the practice was closed without charges, but the motion paints the current Justice Department as pursuing the case with renewed – and rushed – vigor.
The department decided to pursue the indictment without having interviewed any current SPLC employees, and did not seek any documents from the group until after it had told defense lawyers that criminal charges were forthcoming, the defense motion states. During a meeting requested by defense lawyers who hoped to avert to indictment, Justice Department officials informed them that the decision had already been made to pursue charges, according to the motion.
“These procedural irregularities show that the charges against the SPLC were a foregone conclusion based on prosecutorial vindictiveness – driven by the White House and FBI leadership’s retribution campaign – rather than the result of a good faith examination of the evidence,” the motion states, saying the indictment was “premised on conclusory accusations but devoid of provable facts or a proper statement of the law.”
The motion also cites whistleblower accounts that accused top Justice Department officials of rushing forward with an indictment despite internal concerns about the merits of the case and the strength of the evidence.
“For weeks, we have been arguing against these false allegations levied against the SPLC – an organization that for 55 years has stood as a beacon of hope fighting white supremacy and various forms of injustice to create a multiracial democracy where we can all live and thrive,” Bryan Fair, the interim president and CEO of SPLC, said in a statement. “The government can’t prosecute the SPLC as payback for its protected speech – it violates basic constitutional rights.”
The administration has painted SPLC as partisan
Founded in 1971 as a civil rights organization, the SPLC over the decades has used litigation to fight white supremacist groups. It also tracks the activities and locations of domestic extremists. But its work has made it a popular target among Republicans who see it as overly leftist and partisan.
The center, for instance, received fresh attention last year after the assassination of conservative activist Charlie Kirk because the SPLC had included a section on the group that Kirk founded and led, Turning Point USA, in a report titled “The Year in Hate and Extremism 2024.”
FBI Director Kash Patel announced in October that the bureau would be severing its relationship with the SPLC, saying it had turned into a “partisan smear machine,” and he accused it of defaming “mainstream Americans” with its “hate map” that documents alleged anti-government and hate groups inside the United States.
The defense motion says “animus” from senior levels of the administration helped shape the indictment.
It cites, among other comments, a statement from Trump himself deriding the SPLC as “a total scam run by the Democrats,” as well as a news media interview in which Harmeet Dhillon, the Justice Department’s top civil rights official, said the indictment was “personal” to her because she had “a lot of journalist friends … and groups that I’ve represented who have been targeted by the Southern Poverty Law Center.”
