The indictment of the Southern Poverty Law Center on federal fraud charges this week is the start of what could become not just a major criminal prosecution but a major constitutional challenge. At issue is whether the Center’s secret operations to enlist and pay informers constituted fraud of its donors.
The center has long been controversial after drifting away from its early litigation against segregation and becoming more of a partisan organization targeting conservative organizations. I shared that criticism after the center went after groups such as Focus on the Family for opposing LGBTQ values.
It also drew outcries after focusing on Turning Point in a report titled “The Year in Hate and Extremism 2024” as “A Case Study of the Hard Right in 2024”.
The federal indictment alleges that the Center improperly paid informants to infiltrate extremist groups without disclosing the payments to donors. The Center insists that these were confidential informants and that law enforcement was informed of the results of these operations when they shared evidence with local and federal agencies.
The indictment cites pitches to donors that failed to mention that millions were given to figures in hate groups while pledging that “Your support powers our work to confront hate, stand up to injustice, and defend our civil and human rights. From the courtroom to the classroom to communities across the country, you can help create a more just and inclusive future for all.”
It is rare to see a private organization engaged in such clandestine operations, using confidential sources the way that the FBI does with drug and other criminal organizations.
Some of what is described in the indictment is surprising and, frankly, could form the basis for civil action by the targeted groups. For example, I was surprised by this graph in the indictment:
“F-9 was affiliated with the neo-Nazi organization, the National Alliance and C. served as an F for the SPLC for more than 20 years. F-9’s activities included fundraising for the National Alliance. Between 2014 and 2023, the SPLC secretly paid F-9 more than $1,000,000.00. In 2014, F-9 entered the headquarters of a violent extremist group and stole 25 boxes of their documents. F-9 coordinated payment for the copying of the materials with a high-level SPLC employee who had knowledge the documents had been stolen. The original stolen materials were returned to the violent extremist group in a second illegal entry by F-9.”
This individual was allegedly paid a million dollars for such services. The Center does not have any special authority to commit such acts. It reminds me of the cases involving media organizations.
Courts have previously held that reporters do not have any special privilege to commit trespass and may be sued for such offenses. In Food Lion v. ABC, a store was shown in an undercover segment engaging in unsanitary practices, and Food Lion was accused of selling rat-gnawed cheese, meat past its expiration date, and old fish and ham that had been washed in bleach to mask the smell. Food Lion denied the allegations and sued ABC for trespass. A jury ruled against ABC and awarded Food Lion punitive damages in an investigation into ABC journalists lying on their application forms and assuming positions under false pretenses. (here). The Fourth Circuit, however, wiped out the punitive damage award while upholding the trespass and breach-of-loyalty verdicts, with awards of only $1 for each.
There is also a case out of the Seventh Circuit. Judge Richard Posner wrote the decision in Desnick v. ABC, where investigative reporters went undercover in 1993 to show that employees of the Desnick eye clinic had tampered with the clinic’s auto-refractor, the machine used to detect cataracts, so that the machine produced false diagnoses to find cataracts (and require procedures). The court rejected wiretapping claims (based on the state’s one-party consent rules) as well as trespass and defamation claims. On trespass, the court noted that the reporters were allowed into areas open to new patients. Posner relied on the consent to the entry to negate the trespass claim even when the entrant “has intentions that if known to the owner of the property would cause him . . . to revoke his consent.”
In this matter, there was no Desnick-like claim in entering non-public areas and removing material. A valid civil action alleging trespass and other claims could be raised. Moreover, the affected groups could potentially allege a tolling of the statute of limitations given the secrecy of the operations.
Setting aside such civil litigation, this will still be a challenge for the Justice Department. Acting Attorney General Todd Blanche told Fox News that the investigation was begun under the Biden Administration but then suddenly terminated.
The action is likely to draw serious constitutional challenges over free speech and associational rights. The Center can argue that it was clear that they were targeting racist groups by any means necessary. While they did not discuss such clandestine operations, they will argue that the operations were still used to attack these groups and share information with law enforcement. The Center is also likely to raise selective prosecution claims.
The government has a tough case, with the alleged fraud used to produce evidence submitted to state and federal prosecutors. In addition, if this case extends into a new administration, a Democratic Justice Department could scuttle the case as did the Biden Administration.
Once again, it is remarkable to read the extent to which the Center acted like a mini-FBI in running its own confidential informants and allegedly conducting a “black bag job.”
The unfolding prosecution is likely to shine a light on the tactics used by the Center. It could also further define the constitutional protections for such organizations in using such novel and controversial means.
Here is the indictment: United States v. Southern Poverty Law Center
SPLC’s tactic, black bag jobs, covert informants, stealing documents are straight out of the Church of Scientology’s playbook…
Page 5, 2nd from the top:
F-42 was the former chairman of the National Alliance. The SPLC website contained an “Extremist File” webpage about F-42 from which the SPLC solicited donations. Between 2016 and 2023, the SPLC secretly paid F-42 more than $140,000. This overlapped the time period in which F-42 was featured on the SPLC’s “Extremist File” webpage.
That’s not an “informant”, that’s an agent provocateur. The SPLC was paying F-42 to create the “racism” they then fundraised off of.
There is also the issue of providing material support. If the informant paid for anything used in criminal activities, the SPLC is legally liable for those activities.
Imagine a SPLC informant driving the bank robbers to the bank, and dropping them off, with full knowledge they planned to rob a bank. The informant is legally liable for the bank robbery. As are the people who paid him. They assisted in the commission of a crime. When the FBI or the police do this, it is legal. But the SPCC is NOT the FBI or the police. Law enforcement gets special treatment, but has to play by special rules, like getting warrants, and reading people their rights.
My understanding is the informant for the Unite the Right group paid for and drove the bus bringing the people he personally recruited to Charlottsville.
At issue is whether the Center’s secret operations to enlist and pay informers constituted fraud of its donors.
This is wrong. They paid agent provocateurs, not just “informers”.
When you’re paying someone whose words you quote in your fundraising notices, that’s not “paying informers”.
And the “means” was they were creating “racism” so they could fundraise off of it.
That’s fraud
How are SPLC’s actions here any different than a weapons manufacturer that covertly instigates a war between two countries, and then sells weapons to both sides in order to profit from the carnage?
Most people would find that behavior morally repugnant.
Which war was that?
So your argument is that because you saw some vaguely similar conduct in a fictional show on Netflix that the SPLC can do something even more morally egregious in real life ?
Please cite known real world examples of arms producers instigating wars ?
In the real world Julius Streicher was tried and hanged at numemberg for fomenting genocide.
If these groups were as dangerous as SPLC claims then funding them is a “crime against humanity”
With respect to your Arms dealer hypothetical – as repugnant as the mythical behavior you raise is, there are only two legitimate purposes for arms. Intimidation and use. Arms producers do not pretend they are selling butterflies.
They are selling lethality. There is no fraud.
SPLC was selling anti-racism while funding racism. That is fraud.
It is helpful for us in the hinterlands to understand how these frauds occur, how they are financed, and how their tracks are covered by a compliant media. Terms like Non-Profit and NGO easily mask political activities. The criminality of the widespread hoaxes may depend upon the tax-exempt status of the organization: Donations to political organization are not deductible for purposes of income tax. If the SPLC chooses to commit obvious public fraud, their donors are not entitled to deduct their gifts. Same rules for D and R..
Prof Turley may not be aware of this case
https://law.justia.com/cases/federal/appellate-courts/ca4/19-2419/19-2419-2021-07-12.html
ANON
How is this relevant ?
While I uestion the dismissal of Allens defamation claim.
The primary issue was that Allen was suing in a state court to challnge SPLC’s tax exempt status.
The court was Correct – Allen can not challenge federal tax exempt status in state court.
And that is not relevant to this case.
Are you using Bad legal AI to find these things ?
research their snitch CAROL HOWE who was handled jointly by them and the ATF. She informed that the Murrah Federal building was targeted for b***b.
ANON
When the FBI paid informants during COINTELPRO did they disclose the funding to taxpayers? When they were found out, they changed the program to infiltrating Black Identity Politics groups and di the same thing. The FBI stopped accepting information from the SPLC because it Kash Patel deemed it “too partisan.” The SPLC kept bringing them info against the president’s friends. The goal of these indictments is to protect white supremacy, full stop.
truth!
From your lips to God’s ears.
Moses brought down the tablets that prohibit coveting other nations, bearing false witness about them, and stealing what belongs to their rightful owners.
Most abductees have one compelling, overwhelming desire: To go home.
The Israelite slaves were out of Egypt before the ink was dry on their release papers, but then, they had the capacity and acumen sufficient for the task.
“Free stuff” and “free status” now, “free stuff” and “free status” tomorrow, “free stuff” and “free status” forever are your slogans, right?
I just want to focus back on a bigger tragedy than how SPLC disrupted a book club. Lets got back another decade to the 90s.
When Bill Clinton was Pres, and they paid informants during Janet Reno’s Operation PATCON, did they pay certain members of the “MIDWESTERN BANK ROBBERS GANG’ aka the “ARYAN LIBERATION ARMY” for packing the truck that McVeigh used to target the Murrah building? Enquiring minds want to know.
See, “Others Unknown” by Stephen Jones
See, “In Bad Company,” by Mark S Hamm
See, “Oklahoma City,” by Gumbel & Charles
See, “Blowback” by Margaret Roberts
What’s this got to do with SPLC? Hotshot Morris Dees head of the SPLC and ATF were jointly running Carol Howe the informant who gave advance notice of the bad act.
Does that amount to… Conspiracy? 18 USC s 241– at least? just asking questions here
ANON
The SPLC is not the FBI. Not even close. Apples and orangutans
Yes, only the SPLC is interested in stopping white supremacists.
SPLC is creating white supremacists in the first place. Would there be as many without their funding??
There was no suggestion anywhere that the SPLC created a single white supremacist. They found existing white supremacists willing to snitch. Show me a single example otherwise.
they paid members of racist organizations to keep being racist so they could make more money.
Without the Southern Poverty Law Center Racism might disappear forever and that would be bad – for the southern poverty law center
Please https://youtu.be/WctJtt5tJgo
Hahaha!!!
Yes, all those parent groups that want to protect their children that the SPLC deemed hate groups.
The same SPLC who defended Antifa.
The SPLC has been nothing but a grift for way too long.
Donors deserve to be swindled.
That’s an interesting 🤨 and ridiculous take.
That’s the dumbest shit I read all day. If you, by chance, have a job, better keep it. You are dumb,
Did the FBI use those informants to raise money from private donors, thereby enriching the FBI employees?
You’re not very bright.
EB – please cite any consequential acts of organized Right wing violence ?
While the issue with the SPLC is FRAUD – not surprising as SPLC has ALWAYS been about lining the pockets of its directors.
This is not the first corrputions scandal at SPLC – there are more than can be counted – embezelment, racism, sexual abuse.
The SPLC is and has been for decades a disaster.
Many of us are wonfering what took so long ?
There is lots of violence in the US. There is lots of political violence in the US.
Assassination plots against supreme court justices.
Assassination attempts on the president.
Assassinations of business leaders and leading conservatives.
Rioting,
destruction of property.
Bombings
and on and on
These are from the LEFT.
Are there right wing hate groups ? Absolutely, These are nearly all “prison drug gangs” they are organized arround race – because gangs in prison are organized arround race.
The are different from hispanic and black gangs only in that they are smaller and less violent.
You do not live in reality.
Matthew 7:3-5
And why beholdest thou the mote that is in thy brother’s eye, but considerest not the beam that is in thine own eye?
Or how wilt thou say to thy brother, Let me pull out the mote out of thine eye; and, behold, a beam is in thine own eye?
Thou hypocrite, first cast out the beam out of thine own eye; and then shalt thou see clearly to cast out the mote out of thy brother’s eye.
“EB – please cite any consequential acts of organized Right wing violence?”
January 6, 2021 is one example, or did it not happen if over 1,000 people were pardoned.
Two Minnesota state legislators were murdered. Are the Proud Boys, Boogaloo Bois, Oath Keepers etc., prison gangs? How about bombings of abortion clinics and killing doctors.
In the case of the SPLC, the DOJ targeted the group in search of a crime, the same as with Comey, Brennan, James, and everyone else on Trump’s hit list. The only safe people are the Epstein clients.
“January 6, 2021 is one example, or did it not happen if over 1,000 people were pardoned.”
I gue3ss you are unable to read.
Yes J6 happened. Thousands of people coming to the US capital to protest an election they – likely correctly beleived was stolen.
There should be ZERO doubt at this point that it was the worst conducted and most lawless electionj int he past century.
But whether the election actually was fraudulent of not is irelelevant – except as the fact that left wing nuts like you are still denying the extensive evidence of lawlessness and likely fraud and corruption – more evidence that you do not live in reality and that you are incapable of seeing the world as it really is if that conflicts with your ideology.
Regardless, left wing nuts protested (ajnd Rioted) accross the country because some messed up black low level thugh and drug adict ruined his life tried to pass an abysmally bad conterfeit $20, and violently resisted arrest – and not for the first time, and then likely unintentionally committed suicide by eating his own stash – and likely that of his drug dealer – and then you idiots in one of the worst miscarrages of justice in decades imprisoned 4 police officers who had absolutely nothing to do with his death.
Regardless you protested something stupid – far more stupid thn the micheal brown nonsense.
But you are ABSOLUTELY entitled top protest something stupid and false.
And you are absolutely entitled to ORGANIZE those protests – no matter how false and stupid they are.
Those are your constitutional rights – just as it is the constitutional right of the J6ers to protest what they likely correctly beleive was a stolen election.
They are perfectly free to protest – to march to – and INTO the capital, To assemble to protest, to enfgage in free speech to organize, and to Petition government.
All of those are RIGHTS that every US citizen has guaranteed by the constitution.
Not a Bit of that constitutes an example of Organized political violence.
Just as most of the massive George floyd rioting and violence – which was about 100,000 times greater than anythinjg that happe3ned on J6 2021, is not primarily an example of Organized political violence.
Back to J6 – contra left wing nuts – NO one came to J6 with the intention of committing violence.
And there was NO VIOLENCE – until the CP at the West Tunnel accidentally tear gassed themselves and then – hopefully accidentially tear gassed the crowd.
Intentional or accidental this was not just a violation of the rules of engagement – it was a violation of the rights of the protesters.
The use of tear Gas is a USE OF FORCE – and government may NOT use FORCE against people who are actually obeying the law and excercising their rights.
Shortly after the crowd started trying to get away from the tear gas canister – which caused people to get pushed into and through the barriers at the WEst Tunnel entrance,
The CP started using other means of force – paint balls, rubber bullets, truncheons – properly used these are legitimate means of dealing with an unrully crowd – though it is a reach to go there when it is the please that created the loss of control in the first place. Used properly these are considered NON-LETHAL force.
But it is well documents – including video that the CP was not using these non-lethal weapons in the proper way – they were aiming for an hiting people in the head – which is considered LETHAL FORCE – which was NOT justified by circumstances. Rose Boylan was beaten in the head repeatedly with a truncheon by a black female CP officer until she passed out and died – again there is video of this. Later unarmed Alishi Babbit was shot in the neck at point blank range by another CP officer – another murder.
Regardless there is absolutely no argument that the violence at the West Tunnel – where nearly all the violence was – was planned or organized.
There is NO protester that brought a firearm. It is likely that nearly every sinle J6 protestor owned a firearm.
Not ONE brought a firearm to the capital grounds.
Protestors did NOT – as left wing nuts do ALL THE TIME – bring frozen water bottles.
Protestors did NOT – as left wing nuts frequently do – have bricks delivered to the site of a protest.
Protestors did NOT – as left wing nuts frequently do – bring lasers to blind pllice officers
Protestors did NOT – as left wing nuts frequently do – bring fireworks to fie at police officers
Protestors did NOT – as left wing nuts frequently do – bring whistles to disorient police officers to provoke them into doing something stupid.
Protestors did NOT – as left wing nuts frequently do – bring molotov cocktails and despite the fgalse color images that the press ran – there was ZERO arson at the capital
Protestors did NOT – as left wing nuts frequently do – bring axes to threaten senators – as was done with the Kavanaugh protests.
Protestors did NOT as falsely reported by the media deficate in the capital- that was left wing nuts at the Kavanaugh protests.
After a long coverup by left wing nuts – eventually the entirety of the video of J6 was released and what people THEN saw was that there3 was very little actual violence.
Further – You rant correctly that thosands of people were pardoned – absolutely.
Thousands of people were pardoned for the most corrupt prosecutions in US history.
Please tell me when EVER people were prosecuted for tresspass for attempting to petition congress while congress was in session ?
Left wing nut prostestors are njot even prosecuteed for violence and tresspass when they actually tresspass on private property.
Yet you loons were terrified that thousands of people – seniors, current and retired military, law enforcement middle class people showed up at the capital to protest.
The last time people like those who showed up for J7 protested – was the Revolutionary war.
When left wing children protest – nothing happens. Even prosecutions are rare.
The young lawyers in NYC that through molotov cocktails into an occupied police car got 18month suspended sentences.
Throwing a molotov cocktail into ANY occupied car, even into an unoccpied care is far more violent than ANYTHING that happened at J6.
Regardless, most of the teens and young adults that engage in left wing protests, MIGHT get arrested, but typically are bailed out and charges are dropped – absent the most egregious offenses – and even then – usually result in highly mitigated sentences.
In the US we do not “throw the book” at teens and young adults – even engaged in violent protests.
They have parents – often with power and influence, and even when they do not, this is just not what we as a country do.
Or atleast it is not what the right does to punish the left – or what the left does to punish its own when they engage in violence.
That has actually been the NORM since our founding.
The people who ACTUALLY took up arms against the US during Shayes rebelion or the Whiskey Rebellion were put down by force,
but only the leaders were prosecuted and all of them were pardoned or commuted.
These are people who shortly after the Revolution actually took up arms against the country.
Regardless wioth J6th – Democrats – so terrified of protests by people who were not loony left wing children imposed ideological purity tests on our military
Sent the FBI to target churches and pro-life groups, Paid myriads of NGOs to censor political speech of conservatives and libertarians.
And you prosecuted and convicted over a thousand people 99% of whom were peacefully protesting at the capital.
Those of you on the left should be ASHAMED of your handling of the J6 protests.
As we have subsequently learned – you have lied through yourt teeth about EVERYTHING J6 relacted.
You have lied about the over 100 FBI agents that infiltrated the protestors – but at best did nothing, and at worst incited violence.
And the even larger number of FBI informants.
You have lied about the supposed Gallows.
You have lied about whether the National Guard was available both before and at anytime during with a simple phone call form Pelosi.
You lied about the actual evidence you found – with the Democrat rigged J6 committed encrypting and then deleting most of its records.
You lied about the testimony that was presented – both before the committee, and before other inquiries under oath.
J6 is YOUR Shame.
Regardless, as is typical of those on the left – your thinking is at best first order.
It is highly likely you accomplished your purpose – There will be few if any public protests by those on the right for a very long time.
But as is typical – the unintended consequences of your efforts often dwarf the intended consequences.
Public protests on the street are NOT the only means to “protest” the left.
Those you sought to thwart have shifted to other means to get their point accross.
It should never have been possible for Trump to get re-elected in 2024.
But YOU made that happen.
The press even other republican candidates condemned J6 and demanded that Trump do so too.
Trump remained quiet.
The press and other republicans challenged the claims that the election was fraudulent and demanded that Trump back down from his claims.
Trump did not.
The conventional wisdom was that even if Trump condemned J6 and backed away from his election claims – he was unelectable.
But that is not what happened.
It is LIKELY that if those of you on the left had responded to the election and to J6 RATIONALLY – instead of as the tyrants you are Trump would be gone.
Trump is president right now BECAUSE of YOU and BECAUSE of your handling of the electio, J6, targeting Trump for absolute nonsense.
Targeting churches, targeting prolifers. Engaging in predawn swat raids of your political enemies.
YOU relected Trump.
YOU did so by failing to think beyond the first order impacts of your own actions.
But more importantly there is zero credible evidence that J6 was organized violence from the right.
each of the left wing nut assassinations or assassination attempts – was left wing violence – and was organized – involving days, weeks of planning.
It was intentional premeditated violence.
Atleast some of the violence at left wing protests is organized.
If you come to a protest with frozen water bottles, with lasers, with fireworks – you are planning intentional violence.
When trucks deliver dozens of boxes of balistic face shields to a left wing protest – that is organized intentional violence.
When pallets of bricks are delivered in advance of a protest – that is organized intentional violence.
Is the organized intentional violence a SMALL part of the left wing political violence – absolutely.
But it is ZERO percent of the nearly non-existant political violence on the right.
“Two Minnesota state legislators were murdered.”
By a man appointed to government boards by none other than Governor Walsh.
“Are the Proud Boys”
Engage in efforts to protect other protestors from Antifa.
“Boogaloo Bois,”
are not on the right.
“Oath Keepers”
Were not even in DC on J6.
” prison gangs? ”
Prison gangs ? Really Do we get to call MS13 organized left wing political violence ?
Regardless prison gangs are not organized political violence – atleast not in the sense of government politics.
They might be politics in the sense of something like the mafia.
“How about bombings of abortion clinics and killing doctors.”
When was the last abortion clininc bombing or Abortion doctor killed ?
Were you even alive at the time ?
Regardless almost all of that was by one or two people – and was condemned even by pro-life groups.
“In the case of the SPLC, the DOJ targeted the group in search of a crime,”
ROFL 0- fraud is a crime
Further the SPLC has a long long long history of corruption – decades before Trump SPLC was engaged in embezzling money from donors, sexually harrassing employees and racism in promotions.
It is NOT even slightly surprising that SPLC is also involved in Funding so called right wing hate groups.
“the same as with Comey”
Perjury is not a crime ? Or only not a crime if you are on the left.
“Brennan”
Perjury again.
“James”
Fraud
“everyone else on Trump’s hit list.”
Is there someone that Trump;s DOJ is going after that has not commited an EASY to articulate CLEAR Crime – one that ordinary people can understand.
Most of us grasp that Brennan, James, Comey and others committed MANY crimes.
But they are not being prosecuted for made up crimes.
They are being prosecuted for things that if done by ordinary people would land them in jail.
Nor is their the slightest doubt they did them.
“The only safe people are the Epstein clients.”
Who are all democrats. Even Trump was a democrat at the time he actually had any interactiosn with Epstain.
Regardless, Bush gave Epstain a slap on the wrist. Obama ignored him.
Trump not only reported him to police in 2005, but the Trump 45 DOJ investigated and arrested him and Ghislane and started the prosecution.
Maxwell was all but convicted when Biden took office. Biden did Abolutely nothing else about Epstains clients.
Trump and Bondi may have moved more slowly than expected with respect to Epstain releases – which are constitutionally far more problematic that politicians acknowledge,
But millions of documents have been released and more will come.
I am not sure there is all that much in the way of actual evidence in these documents that would lead to a federal prosecution.
There might be some state charges of charges in foreign countries – Andrew continues to be in trouble as well as a UK cabinet member and I beleive a prominent Dutch policitican.
But it there were anything in the Epstain Docs that would lead to Trump – or ANY republicans – the Biden WH would have gone after it with avengence.
After all they arranged to have Fanni get a Federal Grant to go after Trump.
How well did that work out ?
It is Fanni that has been under investigation – including criminal investigations for the past 2 years.
I responded in detail in another post – but the gist is – you have nothing.
and you even mislabeled left wing violence as right wing violence.