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Court Allows Discovery as to Vindictive Prosecution Defense by Smartmatic’s Parent Company
A federal judge has allowed Smartmatic’s parent company, SGO, to seek evidence for its claim that prosecutors added it to a criminal case vindictively. The ruling permits discovery into how the prosecution arose; it does not decide whether the government acted improperly.
The case began with a six-year investigation into alleged bribery and money laundering linked to the 2016 Philippine elections. SGO was not charged in the 2024 indictment and had been cooperating since 2021, but was added in October 2025, after President Trump returned to office. SGO argues the decision was retaliation for Smartmatic’s defamation suits against Trump allies and amid Trump’s public accusations about the company; the judge found enough evidence to allow it to investigate that claim.
In short
- SGO can seek evidence for its vindictive prosecution claim.
- The company was added to the case in October 2025.
- The judge has not decided whether prosecutors acted improperly.
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The case for
SGO can argue that the timing and context of its addition warrant scrutiny: it had co-operated for years, was added after Trump returned to office, and says the move followed its defamation suits and his public accusations. Discovery could establish whether the prosecution had legitimate evidential reasons or was influenced by retaliation, helping protect the principle that criminal charges must not be used to punish lawful litigation or political opposition.
The case against
The government can argue that adding SGO to a case after a long investigation may reflect evidence or charging decisions that developed over time, rather than political retaliation. The timing and public statements cited by SGO do not by themselves show improper motive, and prosecutors should be able to pursue supported charges without discovery into internal deliberations absent a sufficiently grounded claim.
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