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by JENN WOOD
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A South Carolina judge heard hours of testimony this week accusing state senator Josh Kimbrell and his wife, Liliya Kimbrell, of habitually violating court orders tied to a high-profile civil complaint filed against them earlier this year.
Among other things, the Kimbrells were accused of systematically deleting business emails, interfering with company operations, and violating court orders issued in a widening civil-fraud case tied to Exodus Aircraft LLC, a company Kimbrell co-owned with Greenville, S.C. businessman Frank George Rogers.
The hearing on Friday morning (December 19, 2025) before S.C. circuit court judge Vernon Dunbar centered on a motion from Rogers’ attorneys seeking sanctions against the Kimbrells for allegedly defying a temporary restraining order – and a subsequent injunction – entered earlier this year.
Dunbar did not rule from the bench regarding potential sanctions against the Kimbrells, choosing instead to take the matter under advisement.
Notably, neither Josh Kimbrell – who is a candidate for governor of South Carolina in 2026 – nor Liliya Kimbrell appeared in court for the contempt hearing, conspicuous absences which immediately became an issue before testimony even began.
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Rogers’ attorney Walt Wilkins told the court that because the proceeding involved alleged violations of court orders — and could implicate civil or criminal contempt — the defendants’ presence was significant. He argued their absence deprived plaintiffs of the ability to call and question them directly about the email deletions and communications at the heart of the contempt petition.
Defense attorney Doug Brannon insisted his clients were not under subpoena and said they were unavailable due to campaign obligations and a recent move. Dunbar ultimately allowed the hearing to proceed without the Kimbrells, indicating that — at least at this stage — he viewed civil contempt and civil sanctions as the more likely framework for any potential ruling.
Still, in a case where intent, notice, and credibility are central, the Kimbrells’ decision not to appear loomed large over the proceedings.
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CORE ALLEGATIONS: DELETION, DISRUPTION, AND DEFIANCE
In addressing the court, Wilkins claimed the Kimbrells knowingly destroyed evidence after the lawsuit against them was filed – and then compounded that conduct by continuing to contact investors, vendors, and company personnel despite being expressly barred from doing so by court order.
Much of Friday’s hearing focused on email deletions tied to Exodus Aircraft accounts, particularly the alleged wholesale deletion of Liliya Kimbrell’s inbox shortly after the restraining order was issued.
Alicia Leonard, a financial controller working with Rogers, testified she was monitoring Exodus email activity when she observed thousands of emails disappear from Liliya Kimbrell’s account shortly after July 11, 2025. Leonard estimated more than 2,000 emails were deleted — many of which related to company finances and operations. She further testified that the loss of those records left Exodus unaware of hundreds of thousands of dollars in outstanding invoices and vendor obligations.
Digital forensic expert Michael Sturgis corroborated that deletions occurred, testifying he was able to recover hundreds of deleted emails from Josh Kimbrell’s account during a limited retention window. He explained that emails deleted earlier were likely unrecoverable due to Microsoft’s default retention limits. Sturgis emphasized he was not tasked with analyzing the content of the emails, only confirming that deletions occurred — a distinction defense attorneys seized upon during cross-examination.
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RELATED | S.C. SENATOR IMPLICATED IN BOMBSHELL CIVIL LAWSUIT
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DISPUTED NOTICE – BUT EVIDENCE ALLOWED
Kimbrell’s attorney repeatedly argued that any alleged misconduct occurring before formal service of the lawsuit on July 14, 2025 should be excluded – asserting that Josh and Liliya Kimbrell were out of the country and unaware of the temporary restraining order at the time. Plaintiffs countered by pointing to evidence they said showed the couple had actual notice of the case almost immediately after it was filed.
During the hearing, plaintiffs referenced a July 12, 2025 FITSNews article that first reported on the lawsuit accusing the Kimbrells of diverting millions from Exodus Aircraft. That article — published the morning after the restraining order was issued — was cited as part of a broader record showing the defendants were aware of the litigation and reacting to it in real time. Plaintiffs argued that the story was circulated internally and discussed by the Kimbrells, undermining claims that they were unaware of the case or the court’s orders when key emails were deleted and communications occurred.
Dunbar allowed the evidence to be presented, signaling he would ultimately determine whether the defendants had sufficient notice — formal or otherwise — to be bound by the court’s orders at the time of the alleged violations.
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RELATED | BLOODSPORT POLITICS AND THE PRICE OF PRINCIPLE
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BUSINESS INTERFERENCE AND PUBLIC DEFIANCE
Testimony at Friday’s hearing also addressed allegations that the Kimbrells continued to interfere with Exodus Aircraft’s operations even after being stripped of control by court order.
Plaintiffs pointed to communications they say risked regulatory compliance and strained customer relationships, including testimony that Liliya Kimbrell asked to be removed from a key federal compliance role at a critical moment for the company — a move plaintiffs argued could have grounded flights and disrupted operations. Taken together, plaintiffs contended, these actions were not isolated missteps but part of a broader effort to undermine the company after control shifted, conduct they say warrants serious sanctions.
That alleged pattern, plaintiffs argued, extended beyond behind-the-scenes communications and into the public arena. Although the hearing focused on contempt, Kimbrell’s repeated claims that the lawsuit is politically motivated “lawfare” hovered over the proceedings. Plaintiffs specifically cited Kimbrell’s recent FITSNews op-ed, “Bloodsport Politics and the Price of Principle,” which was referenced during the hearing and, they argued, reflected a continued defiance of the court’s orders by publicly attacking the litigation and its participants while the injunction remains in effect.
According to plaintiffs’ attorneys, the op-ed — when viewed alongside deleted records, contested communications, and investor outreach — underscores a pattern of conduct they say is incompatible with the restrictions imposed by the court and further supports their request for contempt sanctions.
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WHAT HAPPENS NEXT
After hearing testimony from four witnesses, Wilkins told judge Dunbar he had intended to call both Josh and Liliya Kimbrell to testify — but was unable to do so because neither appeared in court.
Wilkins argued that their absence prejudiced the plaintiffs’ ability to proceed, noting that Liliya Kimbrell had been ruled “in” as a material witness and that her nonappearance prevented plaintiffs from authenticating records and questioning her directly about the alleged email deletions and communications at issue. He asked the court to consider the Kimbrells’ absence as a negative inference when weighing the contempt allegations.
Dunbar is now considering whether the Kimbrells’ conduct rises to the level of contempt and what sanctions, if any, are warranted. Possible outcomes range from monetary penalties and adverse evidentiary inferences to forensic inspections or the striking of defenses.
For a sitting state senator already facing collapsing fundraising and mounting political scrutiny, the stakes could scarcely be higher.
Count on FITSNews to continue tracking every development in this unfolding legal — and political — battle.
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ABOUT THE AUTHOR …
As a private investigator turned journalist, Jenn Wood brings a unique skill set to FITSNews as its research director. Known for her meticulous sourcing and victim-centered approach, she helps shape the newsroom’s most complex investigative stories while producing the FITSFiles and Cheer Incorporated podcasts. Jenn lives in South Carolina with her family, where her work continues to spotlight truth, accountability, and justice.
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2 comments
Put his Sorry ASS in Jail and give him some time to reflect on what a worthless POS he is!
Anyone who second-mortgages his HOME, the place where his kids sleep at night, for business reasons, then brags about it … he doesn’t have the fiscal maturity to be our Governor.