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Judge Denies Southern Poverty Law Center's Bid To Dismiss DOJ Indictment
Authored by Aldgra Fredly via The Epoch Times,
A federal judge on Aug. 7 rejected the Southern Poverty Law Center’s (SPLC) bid to dismiss charges brought by the Justice Department, saying the nonprofit failed to show that the prosecution against it was vindictive.
The department indicted the SPLC in April on 11 counts of wire fraud, making false statements to a federally insured bank, and conspiracy to commit money laundering. The organization was accused of defrauding donors by funneling millions of dollars to informants who infiltrated white supremacist and hate groups that it publicly opposed.
The SPLC filed a motion on May 26 seeking dismissal of the charges, arguing the indictment was vindictive and that the administration targeted it for exercising its First Amendment right to identify, report on, and criticize extremist hate groups.
U.S. District Judge Emily Marks rejected the motion after finding that the SPLC failed to provide evidence showing that prosecutors involved in the case were motivated by animus and that such animus had led to the organization’s prosecution.
“Our Republic recognizes different venues to vindicate different wrongs; federal courts are not the proper forum for airing political grievances. For that reason, the doctrine of vindictive prosecution places a heavy burden on the accused, and decades of precedent counsels against its application here.
“Two things can be true at once: critics are not constitutionally immunized solely because they speak frequently and prosecutorial decisions may be second guessed - if they evince some evidence of animus,” Marks wrote in a 36-page order.
The Epoch Times has reached out to both the SPLC and the Justice Department for comments and did not receive a response by publication time.
The indictment filed in the United States District Court for the Middle District of Alabama accused the SPLC of secretly funneling more than $3 million in donated funds to leaders and organizers of racist groups, including the Ku Klux Klan, the Aryan Nation, and the National Alliance, between 2014 and 2023.
The indictment alleged that donated money, which was supposed to dismantle violent extremist groups, actually was being used, in part, to pay and benefit leaders in the exact groups the nonprofit alleged it was trying to take down.
“Donors gave their money believing they were supporting the fight against violent extremism,” Kevin Davidson, then-acting U.S. attorney for the Middle District of Alabama, said in an April 21 statement.
“That kind of deception undermines public trust and social cohesion.”
The SPLC denied the allegations and entered not guilty pleas on July 7. The nonprofit said in a May 26 motion that the prosecution was “driven by the White House and FBI leadership’s retribution campaign.”
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Existing Power Plants Are "Bedrock" In Supplying Data Centers: Constellation CEO
By Ethan Howland of UtilityDive.com
Despite the Ratepayer Protection Pledge’s call for planned data centers to supply their own new generation, existing power plants will play a major role in supplying them with power, according to Joseph Dominguez, Constellation president and CEO.
“We’re never going to build this economy if … we have to wait for new power plants to be built before we can connect any data center,” Dominguez said Thursday during an earnings conference call. “The bedrock of building out at least this early phase of the data economy is going to rely heavily, in my view, on existing generation.”
Dominguez said there is significant available capacity in the transmission and generation system that can serve consumers more than 99% of all hours in a year.
“We have a peak capacity concern, not an energy concern,” he said. “The secret sauce here is to deal with the handful of peak hours that present reliability concerns, and at the same time to harvest the stranded capacity that exists every other hour of the year.”
The peak periods can be managed with batteries, demand response and peaking resources, according to Dominguez.
“[Potential customers] still have to figure out not just the peak, but what they’re doing every other hour of the year,” he said. “That’s where our fleet becomes extraordinarily valuable because it’s a fixed-price, clean energy resource that they could count on for decades.”
Constellation Energy’s 2,347-MW Byron nuclear power plant near Byron, Ill. The Baltimore-based company’s nuclear fleet could be increased by 1.1 GW through uprates, according to an Aug. 6, 2026, earnings presentationThe Baltimore-based independent power producer owns about 55 GW of generation, including about 22 GW of nuclear capacity.
Constellation has several projects that are tied to data centers that have been affected by the pause in Texas’ Batch Zero interconnection process, according to Dominguez.
The company doubts the state’s audit of proposed data centers will take long.
“All these folks, particularly coming into the midterm elections, they want to be responsive to their constituents, and Gov. [Greg] Abbott has asked for some pretty reasonable information to be included as part of Batch Zero,” Dave Dardis, chief of external affairs and growth officer, said on the conference call.
With large load interconnection requests — mostly data centers — totaling about 474 GW, Abbott asked that planned data centers provide information about their power supplies, expected electric and water use, and amount of public financial assistance.
The information can be provided quickly, and Constellation doubts there will be a “meaningful delay,” according to Dardis.
“We see this as a temporary measure that we think is manageable by the industry,” he said.
By the numbers: Constellation Energy Q2 ’26
- $860M: The sale price for LS Power’s planned purchase of Constellation’s 606-MW, gas-fired Brazos Valley power plant in Texas.
- ~1.1 GW: Potential uprates for Constellation’s 22-GW nuclear fleet.
- $2.55/share: Second-quarter adjusted operating earnings, up from $1.91/share a year ago, driven by the Calpine purchase, higher capacity revenue and other factors.
Meanwhile, Constellation expects the currently low wholesale power prices in ERCOT will rebound when data centers start coming online, according to Dominguez.
Battery storage and other resources are driving down electricity prices by coming online before the expected load, he said.
“The market will start to tighten up as data centers get built, and you start to see the market come into more or less equilibrium,” Dominguez said.
Also in Texas, after a bidding process, Constellation sold its 606-MW gas-fired Brazos Valley power plant to LS Power for $860 million, or about $1,420/kW.
“It was clear from a very competitive process that buyers recognize the long-term value of gas-fired assets with the potential for even higher utilization rates,” Shane Smith, Constellation CFO, said.
Once approved, the power plant sale will satisfy the Constellations settlement obligations for its Calpine purchase, he said.
The assets that Constellation had to sell under the agreement with the U.S. Department of Justice are expected to produce about $5.9 billion in gross proceeds, he said.
Tyler Durden Sat, 08/08/2026 - 12:50