SPLC Update: Testimony is “Particularly Concerning”

Oct 29, 2026

Update on our oral arguments before the Second Circuit Court of Appeals in the SPLC case 

Last Friday, Liberty Counsel delivered oral arguments before a panel of three judges on the Second Circuit Court of Appeals in the Southern Poverty Law Center’s (SPLC) attempt to “destroy” us through lawfare.

One judge said the changing testimony of the SPLC’s client — spurred on by the SPLC — was “particularly concerning”. I’ll tell you more about that in a moment.

But first, this baseless SPLC attack has now dragged on for over a decade, and the SPLC has made clear by their actions and statements their ultimate goal — to complete destroy us. The SPLC has one big problem — the truth is hard to overcome.

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I’m encouraged following the argument.

One of the judges found it “particularly concerning” that the SPLC’s client kept changing her story.

When Liberty Counsel attorneys questioned Janet Jenkins under oath, she told one story, repeating the same facts some 20 times.

But then her SPLC attorneys requested a 45-minute break to “confer” with their client. When Jenkins came back to answer questions from her own SPLC attorney, Jenkins testified to the exact opposite of what she had just said under oath. 

Then, when Liberty Counsel questioned her again, Jenkins abandoned the the SPLC’s coaching while her attorney was questioning her and reverted to her original testimony. 

It was obvious to the court that during the 45-minute break, the SPLC attorneys were attempting to change her story. 

That’s why, in addition to clearing our good name, Liberty Counsel will ask the court to sanction the SPLC.

Because the reality is, had Janet Jenkins and the SPLC been honest in 2017, this case would have been dismissed — and her attorneys know it. 

Instead, the SPLC and their client continued these baseless allegations in order to wage lawfare against us. 

If Janet Jenkins and the SPLC been truthful, we would not have invested over 12,000 hours providing 186,000 documents, thousands of exhibits, 25 depositions, and hundreds and hundreds of pages of legal arguments. 

But, I’m also concerned:

While the oral arguments went well and the Court of Appeals should affirm the judgment from the lower court in our favor, the SPLC will not easily give up. 

As former SPLC spokesman Mark Potok claimed in 2009, “We mean to destroy them.” That’s been their intent all along.  

We’ve been forced to spend over 12,000 hours and a ridiculous amount of money defending ourselves from something the SPLC and their client know we didn’t do. 

We need your help to continue fighting for life, the Gospel, and the family. Please make your most generous gift today and let the Challenge Grant double your impact.

Help us replenish what was invested in defending the truth. Pray that what the locust consumed in time and money will be abundantly multiplied and redeemed.

Help us BEAT the SPLC with your gift today!

And please, keep praying!

Thank you for standing with Liberty Counsel.

Mat Staver
Founder and Chairman
Liberty Counsel


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The SPLC has the resources to keep fighting.

We need the resources to keep fighting back. Please make your most generous gift today while every donation will be DOUBLED through our Challenge Grant.

 

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SOURCES:

“Jenkins V. Miller Et Al, 2:2012Cv00184 - Document 895 (D. Vt. 2025).” Justia Law. Accessed October 22, 2026. Law.justia.com/cases/federal/district-courts/vermont/vtdce/2:2012cv00184/21958/895/.

“Overview of the SPLC’s ‘Hate Groups’ List.” Center for Immigration Studies. Accessed October 20, 2026. Cis.org/Overview-SPLCs-Hate-Groups-List.

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