Project Veritas’s First Amendment Claim to the Diary of Biden’s Daughter Denied By Judge – Vanity Fair

Criminal prosecutors are expected to get their hands on nearly 1,000 documents related to the alleged theft of the diary of Ashley Biden, the only child of President Joe Biden and Dr. Jill Biden, after a judge rejected the conservative group Project Veritas's First Amendment claim.

Project Veritass attorney, Jeffrey Lichtman, said Monday that the group is considering appealing the ruling, according to a report from The Associated Press. The organization has until January 5 to turn over the material.

The documents stem from November 2021 FBI raids on the homes of the organizations founder, James OKeefe, and two of his associates. Federal agents ultimately seized 47 cell phones, computers, memory sticks, and other electronic devices, according to a report from New York Magazine. OKeefe left the organization last February following a management dispute.

Since the raid, O'Keefe has maintained that the FBI investigation into Project Veritass activitieswhich he argues were legitimate attempts at newsgathering violates the First Amendment. In this effort, hes drawn support from the American Civil Liberties Union, which warned after the raid that, despite Project Veritass well-documented disgraceful deceptions, the precedent set in this case could have serious consequences for press freedom.

In its written arguments before Judge Analisa Torres, lawyers for Project Veritas and OKeefe argued the investigation seems undertaken not to vindicate any real interests of justice, but rather to stifle the press from investigating the Presidents family.

Torres ruled that Project Veritass First Amendment arguments were inconsistent with Supreme Court precedent and that the groups claim to be protecting the identities of a confidential source was voided by the fact that both people who sold the diary to the group pled guilty in August 2022.

In their guilty plea for conspiring to traffic in stolen goods, Aimee Harris and Robert Kurlanderboth of whom are currently awaiting sentencingadmitted they stole Bidens diary from a house in Florida and sold it to Project Veritas for $40,000, hoping to embarrass the then-presidential candidate as he challenged former President Donald Trump. (Before he was elected, Trump was a donor to the organization.)

Project Veritas has admitted it paid Harris and Kurlander, but OKeefe has said the group did not publish any information from the diary after it could not confirm its authenticity.

The court ruling comes two weeks after Hannah Giles, OKeefes replacement as CEO, announced on social media that she was quitting, saying she had stepped into an unsalvageable mess one wrought with strong evidence of past illegality and post-financial improprieties. Giles added that she had brought evidence of illegal behavior to the appropriate law enforcement authorities.

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Project Veritas's First Amendment Claim to the Diary of Biden's Daughter Denied By Judge - Vanity Fair

Judge Strikes Down Project Veritas First Amendment Claim in Biden Daughter Diary Case – The Messenger

A district judge in Manhattan last week ruled that criminal prosecutors may soon get to examine 900 pages of documents related to the alleged theft of Ashley Biden's diary, rejecting a First Amendment claim from Project Veritas.

The judge ruled that the arguments based on the First Amendment are inconsistent with Supreme Court precedent, noting that Project Veritas could not claim they were protecting the identity of an anonymous source because two individuals already pleaded guilty in the case, according to the Associated Press.

Attorneys for the nonprofit conservative group, which self-identifies as a news organization, are considering appealing the ruling from U.S. District Judge Analisa Torres.

Torres wrote that the documents, which were seized in authorized raids from November 2021 of three members of Project Veritas' homes, can be given to investigators by Jan. 5, according to the Associated Press.

Electronic devices were also acquired in the raid and two cell phones were found at the home of James O'Keefe, the group's founder who has since been fired.

Lawyers for Project Veritas and OKeefe wrote in their arguments that it seems undertaken not to vindicate any real interests of justice, but rather to stifle the press from investigating the Presidents family, according to the Associated Press

They added: It is impossible to imagine the government investigating an abandoned diary (or perhaps the other belongings left behind with it), had the diary not been written by someone with the last name Biden.'"

In August of 2022, Aimee Harris and Robert Kurlander pleaded guilty to conspiracy to commit interstate transportation of stolen property, referring to Ashley Biden's diary and other items she reportedly stored at a friends house in Delray Beach, Florida.

Project Veritas has not been charged with a crime and the group claims their methods for news gathering were ethical and legal.

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Judge Strikes Down Project Veritas First Amendment Claim in Biden Daughter Diary Case - The Messenger