SPLC’s Frivolous Lisa Miller Appeal Suffers From Lack of Evidence

BURLINGTON, VT – Liberty Counsel filed a response brief to the Second Circuit Court of Appeals asking it to uphold a lower court’s summary judgment that exonerated Liberty Counsel and awarded it a complete victory in a civil lawsuit over false allegations of conspiracy to aid in international kidnapping.

In Jenkins v. Miller, the Southern Poverty Law Center (SPLC) and its client Janet Jenkins are appealing the judgment. The case centers around Jenkins who was awarded legal parent status to the daughter of her former spouse Lisa Miller in a custody battle, whereafter Miller subsequently fled to Nicaragua with her daughter until she turned 18. While Jenkins falsely alleges Liberty Counsel was involved, extensive investigation clearly shows that Liberty Counsel did not know about and was not involved in Miller’s disappearance and urges the appeals court to “put an end to this baseless ligation.”

After 186,000 pages of discovery documents, 25 depositions, 127 pages of Undisputed Facts, about 500 pages of summary judgment legal arguments, the federal district court ruled in March 2025 that the SPLC and Jenkins presented no evidence to support their allegation that Liberty Counsel helped its client Miller to flee the country with her then two-year-old daughter in 2009 or knew of her whereabouts. The court also ruled that Jenkins’ attempt to drag Liberty Counsel into the case in 2017 was also barred by the statute of limitations.

Every witness with knowledge of the conspiracy, including Miller, testified under oath that Liberty Counsel “played no role” and had “no knowledge” of the conspiracy, notes the brief.

“Jenkins produced no probative evidence contradicting that testimony, and her purported ‘circumstantial evidence’ is propped up by conjecture and speculation—neither of which can create a genuine issue of fact,” the brief reads.

Liberty Counsel concludes that the lower court judgment should be affirmed because Jenkins’ case relies on “allegations and conjecture” while lacking appropriate “timing and proof.”

The case arose from a custody battle where Liberty Counsel represented Miller to dissolve her Vermont civil union to Jenkins in 2004. When Miller moved to Virginia with her then 2-year-old daughter, Isabella, the litigation to dissolve the civil union pitted the laws of Vermont against Virginia, which did not yet recognize civil unions or “same-sex marriage.” In a “first of its kind” case, a Vermont court recognized Jenkins as a legal parent of Miller’s daughter awarding her parent-child contact.

Miller complied until Isabella complained of abuse. While the cases were ongoing in both states, Miller suddenly fled with Isabella to Nicaragua. When Miller suddenly stopped communicating, Liberty Counsel informed the court it had lost contact with her and sought to withdraw from the case.

Jenkins filed a civil lawsuit in 2012 against several people from Nicaragua and Virginia who had been indicted for helping Miller flee. In 2017, Jenkins amended her suit to include Liberty Counsel and attorney Rena Lindevaldsen, falsely alleging they were part of a conspiracy to help Miller leave the country. The SPLC then began representing Jenkins seeking an astronomical $200 billion in damages.

In April 2025, Judge William K. Sessions III ruled in favor of Liberty Counsel in Jenkins v. Miller finding it did not “engage in, aid, or abet any conspiracy” for the international kidnapping of a child. Judge Sessions found that Jenkins’ claims had no merit based on the substantial court filings and records showing Liberty Counsel was not involved in the kidnapping nor violated Jenkins’ constitutional rights. Judge Sessions also exonerated Lindevaldsen ruling she had no part in advising or helping Miller flee the country. On a third aspect, Judge Sessions ruled the lawsuit was also barred by the statute of limitations.

Judge Sessions ruled that “Liberty Counsel is entitled to summary judgment,” after nine years of litigation.

Liberty Counsel Founder and Chairman Mat Staver said, “This frivolous case and appeal attempt from Janet Jenkins and the Southern Poverty Law Center have no merit. The federal court saw through the sham by granting Liberty Counsel a total victory. This baseless lawsuit by the Southern Poverty Law Center is lawfare attempting to destroy Liberty Counsel. The truth has prevailed and will continue to prevail.”

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