Date: August 8th, 2026 10:40 AM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
fed ct denied SPLC's motion to dismiss for vindictive prosecution.
https://thehill.com/regulation/court-battles/6017806-splc-vindictive-prosecution-trump-administration/
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MEMORANDUM OPINION and ORDER
This dispute concerns the Government’s—specifically, the United States Attorney
for the Middle District of Alabama’s—decision to indict the Southern Poverty Law Center.
The parties present diametrically opposed accounts of that decision. The SPLC contends
that it is being vindictively prosecuted at the behest of various political actors—including
the President of the United States—for engaging in speech protected under the First
Amendment. (See doc. 49-1 at 6, 26–38). To remedy this alleged constitutional wrong, the
SPLC moves for dismissal of the indictment or, in the alternative, discovery into the
Government’s prosecutorial motives. (Id. at 38–44). The Government opposes the SPLC’s
motion in its entirety, asserting that “this indictment was secured based on the law and the
facts uncovered during a federal investigation.” (Doc. 68 at 2). The parties’ briefing is, like
much of our modern political discourse, heavy on heated rhetoric, better suited for cable
news, or a podcast. It emphasizes noise over substance.
After filtering out the noise, the Court is left to decide only whether the
Government’s decision to prosecute the SPLC was constitutionally impermissible. On this
record, the SPLC is not entitled to discovery or dismissal of the indictment. The SPLC has
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failed to offer some evidence tending to show animus on the part of the prosecutors
involved in bringing this case and that such animus resulted in the prosecution, the showing
required for discovery. Because it cannot satisfy that standard, it necessarily fails to satisfy
the higher standard that would entitle it to dismissal of the indictment. Accordingly, the
SPLC’s motion is due to be denied.
(http://www.autoadmit.com/thread.php?thread_id=5870834&forum_id=2Reputation#50053269)