Doj Prosecuted Splc For Fraud To Exact Revenge For Charlie Kirk
DOJ may have made a tactical mistake in its case against the Southern Poverty Law Center, which could lead to the collapse of the case. At the very least, it shows that DOJ has charged one thing — fraud — to exact revenge for SPLC’s focus on the hate speech of Christian Nationalist organizations.
Back in May, the SPLC moved to dismiss the case against the organization as selective and vindictive prosecution. On August 7, Judge Emily Marks denied that bid, relying on what I believe to be an outdated view of selective and vindictive prosecution in the light of Trump’s increasing involvement in prosecutions: Because SPLC had not shown animus on the part of the people who charged the case, SPLC could not get discovery, much less dismissal. Days later, as if to mark the anniversary of Unite the Right, they superseded to add Heidi Beirich, who was in charge of the informants program for a period.
Because she was charged after that decision, Beirich not only had an opportunity to file her own selective and vindictive prosecution claim — which she did yesterday — but she could tailor it to what Judge Marks already committed to in her order.
What she lays out in what is modestly crafted as a motion for discovery presents a compelling argument that the following happened:
- In 2020 to 2021, DOJ learned all of the details charged as fraud in the current indictments and first learned that Beirich’s former boss, referred to as Individual 1, set that system up.
- After Charlie Kirk’s death and Trump’s announcement of revenge for it, FBI shut down the old investigation, opened two new investigations: a new investigation into the same alleged fraud they had not charged in 2021, and a Civil Rights investigation into the focus on Christian Nationalist groups SPLC called out for their anti-gay, anti-trans hate.
- Earlier this year, DOJ did a series of interviews with Individual 1. Not only did the FBI tell him he was at no legal risk for the allegedly fraudulent payment system he set up, but FBI coached Individual 1 to provide details of how Beirich was responsible for the focus on Christian Nationalists.
Here’s how the motion describes the investigative team’s disinterest in Individual 1, who set up the allegedly fraudulent payment system but who disapproved of SPLC’s focus on Christian Nationalism.
i. The January 2026 interview
The Prosecution Team first interviewed Individual-1 on January 23, 2026, approximately two weeks after F-9 told the agents that he believed Individual-1 was disgusted with the SPLC due to perceived anti-Christian bias. 40 That interview, which lasted more than two hours, was attended by AUSA Geer, Acting U.S. Attorney Davidson, and AUSA Christine Levi from the i Montgomery US. Attorney’s Office, along with FBI Special Agents Still and Lindsey, and IRS~ CISA MeDaniel.41
During the January interview, Individual-1 told the government, among other things that: (a) this direction, the SPLC paid field sources to infiltrate and inform on white supremacist and extremist groups; (b) Individual-1 had checking accounts set up at local banks under various business names to protect the sources’ identities from the groups they had infiltrated; and (c) Individual-1 personally solicited donors to contribute to the SPLC (and fund the IP) by promoting the SPLC’s work fighting hate groups.42 In other words, he put himself a the center of the alleged conspiracies the government would later charge in the indictments.
ii. The March 2026 interview
The same case agents interviewed Individual-1 again on March 23, 2026, approximately one month before the grand jury returned the original indictment against the SPLC.43 The interview took place at an FBI Field Office in Tennessee. Before asking any questions of the witness, the lead FBI agent, SA Still, set the table for the interview by letting Individual-1 know where he stood in the eyes of the Prosecution Team and why the agents had come all the way to ‘Tennessee to talk with him again.44
Despite the fact that Individual had admitted to the agents and prosecutors during the January interview that he had engaged extensively in the conduct that would later form the basis for the charges in this case, SA Still began the March interview by telling Individual-1 that “we”—presumably the Prosecution Team—had heard nothing but great things about Individual-1, and assured him that the team had concluded that he had “nothing to do with” the “unusual stuff with the banks,” including the “accounts that were opened under shell companies.”46 SA Sill told Individual-1: “We’re not here to talk to you any about the bank and all that. You had obviously nothing to do with all that”47
Instead, the agents told Individual, they wanted to talk about how things, in the agents’ words, had “gone off the rails” at the SPLC. Before asking a single question, SA Stil frame the issue as follows:
[I]t just appears like it kind of got a little out of control with what it looks like. And then they ultimately started targeting also some specific organizations, more what probably most people would say conservative type organizations throughout the country, And the program just kind of got off the rails with well, kind of with Dr. Beirich [] atthe helm, really.48
At first, Individual-1 appeared not to have picked up on the agents’ focus—he began his response by contradicting SA Still’s premise about his involvement and reaffirming that he had “set up through accounting various bank accounts in different names … [T]hey were fictitious names centered around the person that would, would be getting the check.”49 Eventually, however, he responded to SA Still’s statements about the SPLC “targeting conservative type “organizations” and said that he believed “there was some kind of coup, long-term coup going on there between some, what I would — what I heard were some pretty liberal people, extreme people that had other ideas about what we were doing[.]”50 Picking up on the prompt SA Still had given him at the beginning of the interview, that the “problems” at the SPLC began when Dr. Beirich took over the Intelligence Project, Individual-I told the agents:
Individual-1: I mean, everything was intact when I left.
SA Still: Yeah. Individual-1: And then after that, it started crumbling.51
Footnotes omitted but sourced to the following exhibits:
- Exhibit 15: January 7, 2026 interview with F-9
- Exhibit 16: January 23, 2026 interview with Individual 1
- Exhibit 17: March 23, 2026 interview with Individual 1
This gets you to selective or vindictive prosecution in one of several ways: for the selective prosecution of Beirich and not Individual 1, even though he set up the purportedly fraudulent payment system, for the focus on SPLC’s shift to include Christian Nationalists after Beirich took over, or for the focus on the signatories of letter sent to Stephen Miller in summer 2025. And it gets you where SPLC earlier did not: to the specific biases of the people who charged the indictment.
Among the things Beirich asked for in discovery but was recently refused is the initial paperwork setting up that bifurcated investigation just as they started focusing on her.
All serials, 302s, ECs, FD-1057s, FD-1023s, documents, notes, memoranda, activity logs, evidence logs, evidence received, photographs, recordings, and other entries in the FBI’s Sentinel case file for FBI Case No. 044E-MO-4147499, including, but not limited to information related to the opening of the investigation, closing of the investigation, merger of the investigation, and Serials 8, 9, 10, 12, 13, 15, 17, 18, 22.
Her request is modest — and will be harder for Judge Marks to deny.
But if she gets this discovery (and some texts involving F-9 that have been withheld), she may be able to show that this fraud prosecution, which DOJ chose not to charge in 2021 and chose not to charge against the guy who created it, is really just a stand-in to prosecute the person who focused on the hatred of Christian Nationalists.
The post DOJ Prosecuted SPLC for Fraud to Exact Revenge for Charlie Kirk appeared first on emptywheel.
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