(CNN)The founder of one of the most highly trafficked neo-Nazi websites must face questioning in person under oath in the United States about allegations he called for a "troll storm" against a Jewish woman, a federal judge ruled.
Judge demands white supremacist appear in person for deposition. He refuses, saying he is afraid to come to US.
But that's not likely to happen, according to Andrew Anglin's lawyer Marc Randazza.
"He doesn't live in the United States and doesn't want to come to the United States," Randazza says. "I really can't tell you why...But I am duty bound to respect it."
Anglin, who was raised in the U.S. but has claimed he is no longer a citizen, was willing to sit for a deposition via video conference or in an embassy and argued in court motions that he should be able to do so instead of coming to the United States.
Anglin has argued that he does not live in the United States and "claims he fears violence from Southern Poverty Law Center supporters and harassment from the Southern Poverty Law Center itself," according to court documents. Those are allegations the court "correctly concluded..." "were unfounded and without basis," David Dinielli, deputy legal director of the SPLC told CNN.
Anglin, founder of the Daily Stormer website, is being sued in a lawsuit which seeks to hold him liable after using his website to encourage his thousands of readers to contact Tanya Gersh. Most of the messages contained hate-filled language and centered on the fact that Gersh is Jewish. Anglin has argued his speech is protected by the First Amendment.
Gersh, with the help of the Southern Poverty Law Center, is suing Anglin for "invasion of privacy, intentional infliction of emotional distress and violations of Montana's Anti-Intimidation Act." That suit was filed in April 2017 in the US District Court for Montana.
Lawyers for Gersh and Anglin have been going back and forth about conditions for Anglin's deposition, which is central to the case.
But US Magistrate Judge Jeremiah C. Lynch ruled that "Anglin's personal safety concerns are factually unsupported" to provide a blanket protective order that would allow him to be deposed outside the U.S. Lynch did say the court could resolve disputes about the deposition as they arose if Anglin did come to the United States.
But Anglin has told his lawyer he will not come to the United States under any circumstance.
"The court has decided [Anglin] must re-emigrate to the United States in order to defend himself," Randazza told CNN. "Unless he has a change of heart, he is never going to cross into the United States as long as he lives."
"He has no fear of answering the questions. Just not under the circumstances the court is mandating."
Randazza says he expects now Anglin will "willingly accept a default" judgement instead. Neither Anglin nor his attorneys have filed any paperwork indicating that he will defy the judge's order and not come to the U.S.
In the meantime, Dinielli says Gersh and the SPLC will continue to seek justice in the case.
"We'll proceed under the rules of procedure and if Mr. Anglin does not comply with his discovery obligations then there'll be consequences," Dinielli says.
Dinielli says "Anglin has from the beginning played games" and this is merely a "continuation of that pattern."
Randazza calls it a situation where "everyone loses."
"The end result of that will be that the SPLC will get a piece of paper, my client will pay nothing and there won't even be a decision on the legal merits, at least clarifying the law," he says.
Gersh's lawyers say they intend to see the process through and believe this isn't an everyone-loses situation. And it's not just a "piece of paper," if a judge rules against Anglin in this case.
"That would be a very important piece of paper for Tanya Gersh to possess," Dinielli says. "A significant judgment if not ultimately collected is an important message to people who would consider doing this kind of thing."