Justice Dept. Used Informant Against Southern Poverty Law Center, Lawyers Say
The reported use of a financially pressured informant against a civil rights organization raises procedural questions about prosecutorial leverage that courts and Congress may be asked to examine.
Federal prosecutors used a former informant connected to the Southern Poverty Law Center (SPLC) against the organization itself, according to reporting by the New York Times published October 28, 2026. Lawyers for the SPLC told the Times that the Justice Department capitalized on the informant's financial difficulties and exposure to potential indictment to secure his cooperation against the group.
The SPLC is a nonprofit civil rights organization headquartered in Montgomery, Alabama. It was founded in 1971 and is formally registered as a 501(c)(3) tax-exempt entity. The organization is known for tracking domestic extremist groups and has been a party in numerous federal civil rights lawsuits over its history.
According to SPLC attorneys cited in the Times report, the informant had pre-existing legal and financial vulnerabilities. The lawyers contend that prosecutors used those vulnerabilities as points of leverage to persuade the individual to assist the government in building a case or inquiry involving the SPLC. The specific nature of the federal inquiry, including whether a grand jury has been convened or charges have been filed, was not confirmed in the Times report as of its publication date.
The Justice Department did not provide an on-record statement responding to the SPLC's characterization, according to the Times. The Congressional Times was unable to independently verify the contents of any court filings related to this matter as of publication. Court dockets in the relevant district, which has not been publicly confirmed, would be the primary public record for verifying the existence and content of any formal proceeding.
The use of informants in investigations involving nonprofit and advocacy organizations is not without precedent in federal law enforcement history. The FBI's COINTELPRO program, active from 1956 to 1971, involved the use of informants against civil rights, political, and community organizations, a practice later condemned in a 1976 Senate Select Committee report known as the Church Committee report. More recently, the use of confidential human sources in politically sensitive contexts has been a subject of congressional oversight, including hearings before the Senate Judiciary Committee in the 2010s.
The SPLC itself has faced internal controversy in recent years. In 2019, its co-founder Morris Dees was dismissed by the organization's board following internal complaints about workplace conduct. A subsequent review published by the SPLC board acknowledged cultural and structural problems within the organization. These internal events are separate from the current reported federal inquiry but constitute part of the public record surrounding the organization.
Under federal law, the use of a confidential informant in a criminal investigation is governed by the Attorney General's Guidelines on Domestic FBI Operations, most recently revised in 2008 under then-Attorney General Michael Mukasey. Those guidelines require documented authorization for the use of informants and set standards for managing conflicts of interest when informants have their own legal exposure. Whether those guidelines were followed in this matter is unknown. An Inspector General review or congressional subpoena for DOJ communications would be among the public records that could answer that question.
The Justice Department's relationship with civil liberties and civil rights organizations has been a subject of recurring political debate across administrations of both parties. During the Obama administration, the DOJ faced scrutiny over surveillance of Muslim-American community organizations. During the Trump administration's first term, the DOJ faced criticism from conservative groups who alleged that it gave preferential treatment to left-leaning nonprofits. Consistent application of prosecutorial standards, regardless of an organization's ideological profile, is the benchmark established by DOJ internal guidelines.
As of October 28, 2026, the following material facts remain unknown: whether a grand jury has been empaneled; whether any charges have been filed or are anticipated; the identity of the informant; the specific conduct under investigation; and which DOJ component, whether Main Justice, a U.S. Attorney's Office, or the FBI, is leading the inquiry. The relevant federal district court docket and any DOJ Inspector General records related to this matter would be the authoritative sources to resolve these open questions.
The SPLC has not issued a formal public statement beyond what its lawyers provided to the Times. The Congressional Times has contacted the DOJ Office of Public Affairs for comment and will update this report upon receipt of a response.