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Federal Court Refuses to Dismiss Case Against Southern Poverty Law Center
['Eugene Volokh', 'Reem Ibrahim', 'Autumn Billings', 'Jason Russell', 'Liz Wolfe', 'Charles Oliver']
Reason.com
Ala.) Friday in U.S. v. Southern Poverty Law Center, Inc.: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.
After filtering out the noise, the Court is left to decide only whether the Government's decision to prosecute the SPLC was constitutionally impermissible.
Accordingly, a criminal defendant can seek to dismiss the indictment against him on the basis that his prosecution is vindictive.
Assuming that a presumption of vindictiveness can apply in the pretrial setting, the facts of this case do not warrant one.
And because the SPLC cannot establish some evidence of vindictiveness, the Court will not grant the extraordinary relief of dismissing the indictment.