Project Veritas Considers Appeal in Ashley Biden Diary Case

Facts

• Lawyers for Project Veritas, a nonprofit conservative group, said Monday they are considering an appeal of a district court judge who last week turned down their First Amendment claim in a case involving the theft of a diary that once belonged to Pres. Joe Biden’s daughter.¹
• Last Thursday, US District Judge Analisa Torres in Manhattan said the First Amendment argument was “inconsistent with Supreme Court precedent.” Her decision means nearly 900 documents pertaining to the theft could be turned over to criminal prosecutors.¹
• The documents were obtained in 2021 after the FBI executed a search warrant at the property of James O’Keefe, Project Veritas’ founder, and two other staffers. Last August, two people admitted in court they stole the diary and sold it to Project Veritas for $40k.²
• Project Veritas, which is known for its hidden-camera investigations, had claimed the government didn’t have a right to access the documents based on the group’s freedom of the press.²
• Attorneys for Project Veritas, which hasn't been charged with a crime, alleged that the government is attempting to hinder media investigations of the president and his family, and that a diary written by anyone unrelated to the president wouldn't have garnered the government’s attention.³

Sources: ¹Associated Press, ²Law & crime and ³The messenger.

Narratives

• Narrative A, as provided by Intelligencer. Putting potential political motivations for the administration’s actions aside, it appears this is a clear case of the government attempting to make irrelevant distinctions between who is and isn’t a legitimate journalist. Much of the world’s best journalism stems from stolen information, and if the government is allowed to violate the First Amendment in this case a lot of investigative journalism could be unconstitutionally criminalized.
• Narrative B, as provided by The washington times. This case has nothing to do with the First Amendment because Project Veritas isn’t in the business of journalism. As its recently resigned CEO — who had to take over when O’Keefe stepped down in the face of a criminal investigation — can attest, the organization is a mess that could face further inquiries over criminal activity. It’s not worth it for First Amendment groups to back Project Veritas or for the courts to protect the organization.