In a 45-page Tuesday apply to court, attorneys for Project Veritas accused the federal government of waging a “comprehensive attack on the First Amendment and the free press” by “disrupting” the review process set up by a federal judge. established for legally protected documents seized from the group. Result, urge lawyers for the organization, that federal prosecutors may have allowed themselves backdoor access to exactly the kind of information a judge has ruled should be filtered out of a high-profile investigation. federal.
The filing involves a FBI raid on Project Veritas . employees – a raid surrounds the organization’s receipt of the alleged diary of the president’s daughter Ashley Biden.
Because the Veritas Project researched a potential news story about what Ashley Biden’s diary tells about her father, the United States Attorney’s Office for the Southern District of New York launched a campaign recount First Amendment violence,” Written attorney for the organization.
“As far as we know, federal law enforcement has never previously investigated an abandoned diary,” said Project Veritas attorneys. continue in a letter to the United States District Judge Analisa Torres. “Furthermore, the government’s investigation of the diaries has included extreme measures that violate the First Amendment and erode press freedom.”
The mission from Project Veritas arrived just a few days later New York Times recapped What its sources claim is the story of how the Trump-backed investigative organization obtained Biden’s alleged diary. According to TimesThe US Department of Justice is looking into whether Project Veritas played some role – possibly even as “complicit” – in “stealing Mrs. state line or not.”
The Times the report sheds light on a government filing from the end of last year Five argued that the conduct under investigation is not constitutionally protected: “That is, there are no First Amendment protections for theft and interstate transportation of stolen property. theft, and therefore, no associated privileges associated with documents that respond to a search warrant.”
Pointing to the Supreme Court’s “clear and important distinction” between “stealing documents and disclosing documents that others have previously stolen”, the government has broken it down into one basic proposal. .
“Simply put, even members of the news media ‘are not allowed to break the law and enter offices or homes to gather information,’ ‘prosecutors Written on November 19, 2021, a few weeks after searching the homes of Project Veritas employees. Project Veritas and its employees deny all allegations of impropriety and assert that they received the documents from their competent press sources.
Project Veritas’ letter to Judge Torres summarizes the situation of the matter as follows. In “pre-dawn raids“In the home of” two former journalists of the Veritas Project “and the founder James O’Keefe on November 6, 2021, the government allegedly “arrested”[d] Journalists’ electronic devices are filled with First Amendment protected material and attorney-client privileged information. ”
The FBI investigation, according to previous court documentsallegedly by Project Veritas besieged that organization’s connection to a diary that its sources claim came from the hands of the president’s daughter. The previous letters The judge said Project Veritas and O’Keefe had obtained “credible evidence that the diary belonged to Ashley Biden” but both were unable to “confirm the authenticity of the diary to the extent they claim.” to meet their journalistic ethics.” Therefore, they”never published“The log or any report of its contents; instead, the attorneys of Project Veritas speak The organization has handed over documents to what it calls “local law enforcement in Florida.”
Follow federal court recordsJudge Torres assign a special whole to shed light on the problem on December 8, 2021, according to a case kind like In re: Search Warrant November 5, 2021 in the Southern District of New York. The special master’s appointment is intended to uphold the First Amendment and attorney-client privileges searched by Veritas . Project.
“In light of First Amendment concerns that may have involved the review of documents seized from the Plaintiffs, the Court found that the appointment of a special expert would help to protect the public’s confidence in the administration of justice, “the judge note at the same time agree that a special master is needed.
Accordingly, the retired US District Judge Barbara S. Jones was appointed as a special master for document classification.
Project Veritas said the federals all went around and broke the process ordered by Judge Torres. Are from Third letterat length:
However, we recently learned that the government has mechanisms in place to circumvent these protections and infringe on the First Amendment and the prerogatives of Veritas Project client-attorneys and other legal entities. project journalists, the existence of which the government conceals advisories to Project Veritas and its journalists and, we believe, from this Court. We have found that from November 2020 to April 2021, the government used mandatory requests, including secret orders and 18 USC § 2703(d) orders, to obtain huge documents giant from Microsoft, the email service provider used by Project Veritas, including the email accounts of eight journalists and Project Veritas’ Director of Human Resources.
According to alphabet, government requests to allow prosecutors to review the Veritas document aside and exclude devices seized in the November 6, 2021 raid and – therefore – allegedly not follow procedures established by Judge Torres himself. Attorneys were particularly angered to learn that federal eyes had sought to review Project Veritas documents as far back as November prior to the 2021 raid and that the federals had failed to disclose that they had followed. this document long before proceeding with controversy in 2021. raid.
“It seems that the government has misled this Court by omission, not disclosing in the meeting and arguing for the appointment of a special Master which the government has obtained through these sneaky actions, many privileged communications that this Court charged the Special Master to protect,” the alphabet from the attorneys of the Veritas Project continued. “Secret government intrusions into journalists’ communications have corroded the rule of law.”
“The government seems to despise the free press, and leans on the Court and opposes lawyers,” alphabet continue to accuse.
Based on court papers attached to the letterHere are some of the things the Feds have pursued:
b. Evidence of communications relating to or conducting Subject’s Infringements, such as communications with or involving Ashley Biden, President Joseph R. Biden, Jr. (and their representatives), and/or associates of Ashley Biden in connection with her stolen property.
C. Evidence of the location of Ashley Biden’s assets and the location of Subject Account users at times relevant to the Infringing Subject, such as communications mentioning geographic locations specific management or refers to property being located in a particular location.
d. Evidence of the identity and location of potential accomplices, such as communications with other individuals regarding the acquisition, transportation, transfer, dissemination, or disposition of Ashley’s stolen property Biden, including, but not limited to, information that reflects the co-conspirators’ knowledge that property obtained from Ashley Biden was stolen and that communications contain personally identifiable information about the co-conspirator. offenses and related to the accomplice’s whereabouts or locations at specific times.
e. Evidence regarding the value of any stolen property of Ashley Biden, such as communications regarding the resale or market value of any items stolen from her, or any similar sales or marketing plans.
f. Evidence of steps taken to prepare or conduct an Infringer, such as surveillance of Ashley Biden or property related to her, and manuscripts of communications with Ashley Biden, President Biden, and other agents. Ashley Biden’s associate about her stolen property and communication between colleagues – managers are discussing what to do with her property.
Veritas’ attorneys asked Judge Torres to prevent prosecutors from reviewing documents obtained from Microsoft, forcing prosecutors to verify the identity of anyone who reviewed documents obtained from Microsoft. Microsoft and disclosed whether an undisclosed group was used to review Microsoft’s work. guaranteed.
“The government’s failure to disclose its previous encroachments on Project Veritas privileges renders these proceedings mocked,” Veritas attorneys said. Written. “While we spoke to the government and then called for relief from the government’s seizure of the electronic devices of journalists, the government remained silent, not disclosing that it had obtained a large amount of money. privileged document from Microsoft. Apparently the government did not notify this Court either. We suspect that the government also withheld this information from the Chamber of Judges, where it obtained search warrants to seize journalists’ electronic devices (although we cannot tell, since the affidavit of search warrant remains unjustifiably sealed at the time of this filing). “
When contacted by Law & Crime, a representative of the United States Attorney’s Office for the Southern District of New York – the office that is dealing with the matter – declined to comment on the allegations brought by the petitioner. Tuesday’s profile of Project Veritas.
The American Civil Liberties Union issued a careful statement in response to the filing.
“We complain about Project Veritas deception and we don’t have the full picture of the government investigation,” said Brian Hauss, senior staff attorney with the ACLU Technology, Privacy, and Speech Project. “But we are concerned that the precedent set by this case could have dire consequences for press freedom. We are deeply concerned by reports that the Department of Justice has received a confidential electronic surveillance order requiring extensive disclosure of ‘all content’ of communications related to Project Veritas email accounts, including including communications between attorneys and clients. “
Read Project Veritas’ special master appointment order and third submission below:
Is there a trick we should know? [email protected]
https://lawandcrime.com/federal-court/project-veritas-accuses-federal-prosecutors-of-all-out-assault-on-the-first-amendment-and-free-press-in-fight-about-alleged-ashley-biden-diary/ James O’Keefe, Veritas Project Against DOJ for Ashley Biden