DOJ pushes back on project Veritas, James O’Keefe

James O

James O’Keefe and Project Veritas attorney Paul Calli appeared on Sean Hannity’s FOX News on November 9, 2021. (Image via screenngrab.)

Federal prosecutors late Wednesday pushed back on allegations of misconduct by attorneys from Project Veritas regarding a search warrant issued against Microsoft for data related to the corporation. , leaders and associates of the corporation.

“[T]his allegations of Government misconduct are baseless,” prosecutors in the Southern District of New York told the U.S. District Judge. Analisa Torres.

Like Law & Crime previous report, attorneys for Project Veritas wrote to a judge on Tuesday to accuse federal law enforcement agencies of participating in an alleged end to the appointment of a special master’s — an act flanking the First Amendment rights of journalists and activists, according to that organization. The special master, a retired federal judge, was wiretapped to review the results of a search warrant made at Project Veritas homes. founder James O’Keefe and some of his associates. The subpoenas are part of the DOJ’s effort to determine if Project Veritas or its associates were involved in the offense when they received what is believed to be a copy of a log recorded suppose it’s due Ashley Biden, daughter of the president. The story behind is full of hidden meanings previously fully cited by this site.

No false accusations have been officially filed against O’Keefe, his associates or Project Veritas as of this date and those parties. vehemently denied that they did anything illegal in connection with the escape. Instead, those affiliated with the far-right organization say they agree to be the recipient of the alleged log. That is The law is relatively stable That journalist is free to publish with no penalty information that is illegally collected and then made available by individuals outside third parties – as long as journalists do not play a role in illegally obtaining data, receiving data legally legislation and data related to issues of public interest. In short, journalists cannot steal, but they can publish what others may have stolen. The DOJ appears to want to know if the law has been broken regarding the alleged theft and transfer of logs. Pointing to the item in question, Project Veritas has counterattack that the DOJ has devoted extremely serious and exorbitant resources to this issue and that their efforts are stifling the organization’s freedoms of speech and freedom of the press.

The special master’s job is to classify any privileged documents, such as attorney-client communications and – potentially, as Project Veritas claims – protected documents under First Amendment-related privileges. As a result, the document separated by the special owner will then stay out of the eyes of federal prosecutors and should not be considered part of any criminal case the DOJ may be building.

The master was specifically tasked with reviewing documents obtained from search warrants issued personally by O’Keefe and his associates. Project Veritas Tuesday’s letter asserts that federal agents secured separate and previously undisclosed search warrants for Microsoft-stored data relating to accounts. owned by associates of Project Veritas. Project Veritas’ attorneys argued that those separate and distinct warrants were not subject to a special master’s review process. It was the agitated Veritas Project, whose advisor quickly wrote a bombastic rant to Judge Torres to rule out the alleged nefarious, alleged stealth, and alleged violation The federal government’s mandate to use a backdoor channel to review documents may have been separated from the ad hoc overall review process.

Federal prosecutors, who declined to defend his actions when asked to do so by Law & Crime on Tuesday, countered in the official filing Wednesday night by arguing that The Veritas project has no right to procrastinate in its use so far – and especially not at this stage in the process.

“Despite the blindness of the offer, Movants invoked no legal authority to justify the relief they sought, because none of the remedies and allegations of wrongdoing by the Government is baseless,” the federal wrote to Judge Torres. “Simply put, the Government did not mislead the Court and the subjects of a grand jury investigation are not authorized to provide information about that investigation or to order the Government to conduct an investigation. What’s that like in the meantime.”

Federal prosecutors wrote that the remedy sought by Project Veritas is not yet ripe for consideration right now.

“Instead, Movants can raise these issues if an indictment alleges them in connection with the investigation, or they can request civil relief if they believe they have a claim of violation. constitution or law providing for an individual’s right to oppose the Government,” the letter stated.

The DOJ’s letter directly confirms that “an ongoing grand jury investigation” is still pending on the matter.

Prosecutors said Project Veritas had no legal right to “restrict the Government from accessing, reviewing or using data obtained under duly authorized subpoenas” for data obtained from Microsoft issued separate warrants for data related to individual raids. Prosecutors said Microsoft’s data was collected through an order “issued after the Magistrate Judge determined that there may be reason to believe the accounts contained evidence or tools of crime.” federal.”

“Contrary to the allegations made by Movants, there is nothing wrong with the Government’s use of authorized subpoenas and other legal processes in the course of a confidential grand jury investigation,” the federal government said. continue.

Project Veritas attorneys have asserted that federal processes are an “attack” on the First Amendment right of journalists to receive and publish material obtained by others. – even if it was obtained illegally.

Again, prosecutors countered that Project Veritas overstated the nature of the rights it claimed to hold.

“The documents referenced by Movants were obtained in accordance with duly authorized legal process and were not challenged by Movants in the period prior to this indictment,” prosecutors pointed out. “Therefore, Movants’ statements about the alleged processing of too many subpoenas are premature. Furthermore, the Government’s review of the documents referenced by Movants was completed a few months ago, before Movants initiated this Part I issue in November 2021, providing further reasons why Movants’ claims are not suitably litigated in this forum. ”

In other words, the matter is quite acute, the federal told Judge Torres.

Prosecutors acknowledged that they received and presumably reviewed “subpoena data obtained by registrants and non-content and content information for email accounts obtained under the Communications Act information is stored”. They said there is no legal mechanism for Project Veritas attorneys to request “pre-indictment discovery regarding the process used to review documents referenced by Movants, the identities of the participants, and the identities of the participants.” involved in that process and the identities of third parties on which the legal process may have been served during the investigation. “

Prosecutors later said Project Veritas was asking for concessions that were “indistinguishable” from those that had been polished by another judge in litigation surrounding a put belong to Search guarantee serve above Rudy Giuliani and Victoria Toensing in April 2021.

A footnote further elucidates:

The government is not under any obligation to disclose to Movants about the existence of the legal process mentioned in the petition. Each subpoena, order, and subpoena referenced by Movants is subject to a judicially authorized nondisclosure order. Of course, Movants, like any subject of a federal grand jury investigation, would as to know about every investigative step the Government is taking in the investigation of a crime, but that is not the law, for good reason.

The DOJ points to secrecy laws surrounding grand jury proceedings – such as those apparently occurring here – as another reason why Project Veritas was not allowed the relief it requested. bridge. Prosecutors note that the affidavit that led to the original search warrant in the Project Veritas matter remains sealed. They further asserted that they did not deceive the courts, as the Veritas Project alleges, because the investigative methods were previously provided in the ex parte communication to the federal bench – it is the meeting between a judge and only one party in the case.

Read the DOJ’s letter below:

Is there a trick we should know? [email protected] DOJ pushes back on project Veritas, James O’Keefe

James Brien

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