London Daily

Focus on the big picture.
Friday, Dec 19, 2025

FBI raid on Project Veritas founder’s home sparks questions about press freedom

The action against James O’Keefe has prompted concern about the Biden administration’s commitment to the First Amendment. Project Veritas founder describes the FBI raid on his New York home on 'Hannity.
The Biden administration’s effort to establish itself as a committed champion of press freedom is facing new doubts because of the Justice Department’s aggressive legal tactics against a conservative provocateur known for his hidden-camera video stings.

A predawn FBI raid last weekend against Project Veritas founder James O’Keefe and similar raids on some of his associates are prompting alarm from some First Amendment advocates, who contend that prosecutors appear to have run roughshod over Justice Department media policies and a federal law protecting journalists.

Adding to the drama surrounding the brewing court showdown: It stems from a politically sensitive investigation into the alleged theft of the diary of President Joe Biden’s daughter Ashley.

That document made it into the hands of O’Keefe’s organization, Project Veritas, which never published anything on the subject and eventually turned the document over to police.

An ensuing federal investigation resulted in the FBI raid on O’Keefe’s home in Westchester County, N.Y., at 6 a.m. last Saturday to seize his cell phones pursuant to a court order. O’Keefe says he stood handcuffed in his underwear in a hallway as almost a dozen agents — one carrying a battering ram — searched for the phones.

The politically fraught episode is shaping up as an early test of the vows from Biden and Attorney General Merrick Garland to show greater respect for the media and to back away from the confrontational, often hostile approach favored by former President Donald Trump and his administration.

“This is just beyond belief,” said University of Minnesota law professor Jane Kirtley, a former executive director of the Reporters Committee for Freedom of the Press. “I’m not a big fan of Project Veritas, but this is just over the top. I hope they get a serious reprimand from the court because I think this is just wrong.”

O'Keefe’s lawyers complained to a federal judge this week that the raid unfairly denied him the legal protections afforded to journalists.

"The Department of Justice’s use of a search warrant to seize a reporter’s notes and work product violates decades of established Supreme Court precedent," O’Keefe lawyer Paul Calli wrote to prosecutors.

O’Keefe’s lawyers are demanding that the court appoint a special master to supervise the review of the information on his phones, which they contend contains sensitive details about confidential sources, as well as privileged communication with Project Veritas’ attorneys.

Such a process is uncommon, but has been used in recent years to sift through information seized in federal investigations into two of Trump’s personal attorneys, Michael Cohen and Rudy Giuliani.

On Thursday, Manhattan-based U.S. District Court Judge Analisa Torres issued a one-page order giving prosecutors one day to confirm they have "paused [their] extraction and review of the contents" of O’Keefe's cell phones. Torres — an appointee of President Barack Obama — has not yet ruled on O’Keefe’s request for a special master, who is typically a retired judge.

Project Veritas was facing a jury trial in Washington next month in the suit brought by Democracy Partners, a Democratic consulting firm it infiltrated, but on Thursday, a judge postponed the trial due to the raids and the unfolding legal fight over them.

At the center of the gathering legal storm is a pivotal question: Is O’Keefe a journalist in the eyes of the law?

O’Keefe’s attorneys insist that despite his evident political bent and his unorthodox — sometimes deceptive — tactics, he qualifies as a journalist under a federal statute and Justice Department regulations aimed at sharply restricting the use of search warrants and similar steps against members of the media.

Prosecutors insist they’ve complied with those requirements, but have thus far been cagey about whether or not they’re treating O’Keefe as a member of the press.

“The Government hereby confirms that it has complied with all applicable regulations and policies regarding potential members of the news media in the course of this investigation, including with respect to the search warrant at issue,” prosecutors from the U.S. Attorney’s office in Manhattan wrote Monday in a letter to O’Keefe’s lawyers obtained by POLITICO.

At a Senate Judiciary Committee hearing last month, Garland was asked who qualifies as a journalist under Justice Department policies. “It’s very difficult to make that kind of definition,” he said.

O’Keefe is certainly not a typical journalist. Indeed, several of his outfit’s major hidden-camera exposés have been directed at employees of major news organizations such as CNN and NPR, seeking to paint them as left-wing activists. (At least one such attempt was foiled in 2017 when Washington Post reporters suspected they were being set up and effectively turned the tables on O’Keefe’s operatives.)

While many of O’Keefe’s tactics are unsavory, they are far from unknown in the mainstream press. Hidden-camera stings and undercover reporting have fallen out of fashion at most traditional news organizations, but they were once a staple of network television news magazines.

In the 1970s, the Chicago Sun-Times bought a rundown bar and rigged it out with hidden cameras, successfully capturing city inspectors demanding bribes. NBC’s popular and controversial series, “To Catch a Predator,” revolves around hidden-camera stings.

O’Keefe’s rather overt political agenda is also in line with a long American tradition of advocacy journalism. And many conservatives view mainstream news outlets as pervasively liberal in their worldview even as most claim to be neutral in their reporting.

Some of O’Keefe’s practices do seem highly unusual. A poorly redacted pleading filed in the civil suit Project Veritas was set to face trial on next month indicates that O’Keefe encouraged a colleague to tell potential donors they could provide “input” on the timing of release of Project Veritas’ work, raising the specter that O’Keefe was essentially operating under the direct control of political benefactors.

“Real news organizations — whether Fox News, the New York Times or any other recognized media outlet — do not go to their donors, or advertisers, and ask for their ‘input’ on when stories should be run,” attorneys for Democracy Partners said in the court filing.

Kirtley, the Minnesota law professor, warned against denying legal protections to Project Veritas based on its political outlook or its tactics. She also noted that Trump repeatedly accused mainstream media outlets of both unethical practices and of having a political ax to grind.

“Trump’s been saying that about the New York Times for seven years,” she said. “It’s very dangerous to try to categorize people doing journalistic-type work, even if they’re not doing it the way I would do it or the way the mainstream media would do it or the way ethical journalists would do it,” Kirtley said.

Another First Amendment advocate, Trevor Timm of the Freedom of the Press Foundation, also said the raids on Project Veritas were worrying.

“I don't personally like Project Veritas at all, but imagine this was a liberal org under Trump. Not a good precedent,” he wrote on Twitter.

However, legal experts cautioned that even if Project Veritas and O’Keefe qualify as journalists under the law or Justice Department policy, that did not give them license to violate the law.

“If they’ve got evidence that [Project Veritas] has broken the law, then we’re in a completely different world here,” Kirtley said.

Precisely how the Biden daughter’s diary came into the organization’s possession is unclear, but there have been no public indications thus far that — if the diary was stolen — the conservative group planned the theft or helped carry it out.

Court papers provided to the Project Veritas founder when his phones were seized last weekend indicate that his devices were taken as part of an investigation that prosecutors are conducting into potential conspiracy to traffic stolen goods across state lines, as well as accessory-after-the-fact and misprision of a felony.

Precisely what the government told U.S. Magistrate Judge Sarah Cave to get the warrant used to seize O’Keefe’s phones is unclear and remains under seal.

But the bare-bones outline of the investigation contained in the warrant has fueled the concerns of First Amendment advocates because the Supreme Court ruled in 2001 that media outlets cannot be held liable for publishing information that may have been obtained illegally, as long as they themselves obtained the material legally.

Project Veritas’ lawyer, Calli, acknowledged in an interview on Fox News’ “Hannity” last week that O’Keefe’s group “agreed to pay money for the right to publish” the purported Biden diary. Calli said lawyers for the sources assured Project Veritas that the diary had been obtained lawfully, but the group’s only information on how it was obtained came from the sources.

Calli told the court in a letter earlier this week that the sources told Project Veritas they obtained the diary after Ashley Biden abandoned it at a home in Delray Beach, Fla.

Lawyers tracking the case say the publicly available facts suggest two possibilities: the Justice Department deemed O’Keefe did not qualify as a journalist under DOJ guidelines and federal law known as the Privacy Protection Act, or concluded that he was a member of the media, but that Project Veritas’ personnel may still have committed a crime.

Some language in the warrant suggests prosecutors are examining whether a bidding process for the diary violated laws against fencing stolen items.

However, Calli insists that even if the FBI suspects O’Keefe or others of crimes, Justice Department policy required prosecutors to negotiate for Project Veritas’ materials rather than seizing them.

“The principles that informed this guidance are no less applicable where the news-gathering activities focus on the President’s daughter,” Calli wrote in the motion seeking a special master.

Emails obtained by POLITICO show prosecutors declined to tell Calli whether the Project Veritas searches were approved by a Justice Department committee that oversees investigations impacting the news media.

A spokesperson for the U.S. Attorney’s Office in Manhattan declined to comment on the office’s handling of the inquiry. A Justice Department spokesperson also declined comment.

Over the past six months, Biden and Garland have introduced extraordinarily protective policies toward the press, protections so robust that some national security professionals have raised concerns. However, the fight with Project Veritas raises questions about how broadly the new administration intends to apply those robust protections.

“This is really a test in this administration of whether they’re going to put their money where their mouth is,” Kirtley said. “If they’re trying to be seen as great champions of press freedom, this is a pretty bad way to start.”
Newsletter

Related Articles

0:00
0:00
Close
UK Issues Final Ultimatum to Roman Abramovich Over £2.5bn Chelsea Sale Funds for Ukraine
Rare Pink Fog Sweeps Across Parts of the UK as Met Office Warns of Poor Visibility
UK Police Pledge ‘More Assertive’ Enforcement to Tackle Antisemitism at Protests
UK Police Warn They Will Arrest Protesters Chanting ‘Globalise the Intifada’
Trump Files $10 Billion Defamation Lawsuit Against BBC as Broadcaster Pledges Legal Defence
UK Says U.S. Tech Deal Talks Still Active Despite Washington’s Suspension of Prosperity Pact
UK Mortgage Rules to Give Greater Flexibility to Borrowers With Irregular Incomes
UK Treasury Moves to Position Britain as Leading Global Hub for Crypto Firms
U.S. Freezes £31 Billion Tech Prosperity Deal With Britain Amid Trade Dispute
Prince Harry and Meghan’s Potential UK Return Gains New Momentum Amid Security Review and Royal Dialogue
Zelensky Opens High-Stakes Peace Talks in Berlin with Trump Envoy and European Leaders
Historical Reflections on Press Freedom Emerge Amid Debate Over Trump’s Media Policies
UK Boosts Protection for Jewish Communities After Sydney Hanukkah Attack
UK Government Declines to Comment After ICC Prosecutor Alleges Britain Threatened to Defund Court Over Israel Arrest Warrant
Apple Shutters All Retail Stores in the United Kingdom Under New National COVID-19 Lockdown
US–UK Technology Partnership Strains as Key Trade Disagreements Emerge
UK Police Confirm No Further Action Over Allegation That Andrew Asked Bodyguard to Investigate Virginia Giuffre
Giuffre Family Expresses Deep Disappointment as UK Police Decline New Inquiry Into Andrew Mountbatten-Windsor Claims
Transatlantic Trade Ambitions Hit a Snag as UK–US Deal Faces Emerging Challenges
Ex-ICC Prosecutor Alleges UK Threatened to Withdraw Funding Over Netanyahu Arrest Warrant Bid
UK Disciplinary Tribunal Clears Carter-Ruck Lawyer of Misconduct in OneCoin Case
‘Pink Ladies’ Emerge as Prominent Face of UK Anti-Immigration Protests
Nigel Farage Says Reform UK Has Become Britain’s Largest Party as Labour Membership Falls Sharply
Google DeepMind and UK Government Launch First Automated AI Lab to Accelerate Scientific Discovery
UK Economy Falters Ahead of Budget as Growth Contracts and Confidence Wanes
Australia Approves Increased Foreign Stake in Strategic Defence Shipbuilder
Former UK Prime Minister Boris Johnson proclaims, “For Ukraine, surrendering their land would be a nightmare.”
Microsoft Challenges £2.1 Billion UK Cloud Licensing Lawsuit at Competition Tribunal
Fake Doctor in Uttar Pradesh Accused of Killing Woman After Performing YouTube-Based Surgery
Hackers Are Hiding Malware in Open-Source Tools and IDE Extensions
Traveling to USA? Homeland Security moving toward requiring foreign travelers to share social media history
UK Officials Push Back at Trump Saying European Leaders ‘Talk Too Much’ About Ukraine
UK Warns of Escalating Cyber Assault Linked to Putin’s State-Backed Operations
UK Consumer Spending Falters in November as Households Hold Back Ahead of Budget
UK Orders Fresh Review of Prince Harry’s Security Status After Formal Request
U.S. Authorises Nvidia to Sell H200 AI Chips to China Under Security Controls
Trump in Direct Assault: European Leaders Are Weak, Immigration a Disaster. Russia Is Strong and Big — and Will Win
"App recommendation" or disguised advertisement? ChatGPT Premium users are furious
"The Great Filtering": Australia Blocks Hundreds of Thousands of Minors From Social Networks
Mark Zuckerberg Pulls Back From Metaverse After $70 Billion Loss as Meta Shifts Priorities to AI
Nvidia CEO Says U.S. Data-Center Builds Take Years while China ‘Builds a Hospital in a Weekend’
Indian Airports in Turmoil as IndiGo Cancels Over a Thousand Flights, Stranding Thousands
Hollywood Industry on Edge as Netflix Secures Near-$60 Bln Loan for Warner Bros Takeover
Drugs and Assassinations: The Connection Between the Italian Mafia and Football Ultras
Hollywood megadeal: Netflix acquires Warner Bros. Discovery for 83 billion dollars
The Disregard for a Europe ‘in Danger of Erasure,’ the Shift Toward Russia: Trump’s Strategic Policy Document
Two and a Half Weeks After the Major Outage: A Cloudflare Malfunction Brings Down Multiple Sites
UK data-regulator demands urgent clarity on racial bias in police facial-recognition systems
Labour Uses Biscuits to Explain UK Debt — MPs Lean Into Social Media to Reach New Audiences
German President Lays Wreath at Coventry as UK-Germany Reaffirm Unity Against Russia’s Threat
×