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      How Ashley Biden’s Diary Made Its Way to Project Veritas

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      New details shed light on the federal investigation into the conservative group’s acquisition last year of a journal kept by the president’s daughter.In the final two months of the 2020 campaign, President Donald J. Trump, his grip on power slipping because of his handling of the pandemic, desperately tried to change the narrative by attacking the business dealings of Joseph R. Biden Jr.’s son Hunter, invoking his name publicly over 100 times.At the same time, another effort was underway in secret to try to expose the contents of a diary kept the previous year by Mr. Biden’s daughter, Ashley Biden, as she underwent treatment for addiction.Now, more than a year later, the Justice Department is deep into an investigation of how the diary found its way into the hands of supporters of Mr. Trump at the height of the campaign.Federal prosecutors and F.B.I. agents are investigating whether there was a criminal conspiracy among a handful of individuals to steal and publish the diary. Those being scrutinized include current and former operatives for the conservative group Project Veritas; a donor Mr. Trump appointed to a political position in the final days of his administration; a man who once pleaded guilty in a money laundering scheme; and a financially struggling mother of two, according to people familiar with federal grand jury subpoenas and a search warrant who spoke on the condition of anonymity to discuss an ongoing investigation.Extensive interviews with people involved in or briefed on the investigation and a review of court filings, police records and other material help flesh out elements of a tale that is testing the line between investigative journalism and political dirty tricks.The investigation has focused new attention on how Mr. Trump or his allies sought to use the troubles of Mr. Biden’s two surviving children to undercut him.The inquiry has also intensified the scrutiny of Project Veritas. Its founder, James O’Keefe, was pulled from his apartment in his underwear and handcuffed during a dawn raid last month by the F.B.I., two days after a pair of his former employees had their homes raided.The group — which purchased the diary but ultimately did not publish it and denies any wrongdoing — has assailed the investigation. And it has been making a case in court and to Congress that, despite its use of undercover stings and other deceptive tactics, it is practicing a form of journalism that deserves the same legal and constitutional protections afforded news organizations.Asked a list of specific questions related to the investigation, a lawyer for Project Veritas, Paul A. Calli, responded with a statement from Mr. O’Keefe criticizing The New York Times.Roberta Kaplan, a lawyer for Ms. Biden, declined to comment.The episode has its roots in the spring of 2020, as Ms. Biden’s father was closing in on the Democratic presidential nomination. Ms. Biden, who has kept a low profile throughout her father’s vice presidency and presidency, had left a job the year before working for a criminal justice group in Delaware.She was living in Delray Beach, Fla., a small city between Miami and West Palm Beach, with a friend who had rented a two-bedroom house lined with palm trees with a large swimming pool and wraparound driveway, according to people familiar with the events. Ms. Biden, who had little public role in her father’s campaign, had earlier been in rehab in Florida in 2019, and the friend’s house provided a haven where she could avoid the media and the glare of the campaign.But in June, with the campaign ramping up, she headed to the Philadelphia area, planning to return to the Delray home in the fall before the lease expired in November. She decided to leave some of her belongings behind, including a duffel bag and another bag, people familiar with the events said.Weeks after Ms. Biden headed to the Northeast, the friend who had been hosting Ms. Biden in the house allowed an ex-girlfriend named Aimee Harris and her two children to move in. Ms. Harris was in a contentious custody dispute and was struggling financially, according to Palm Beach County court records. At one point in February 2020, she had faced eviction while living at a rental property in nearby Jupiter.Shortly after moving into the Delray home, Ms. Harris — whose social media postings and conversations with friends suggested that she was a fan of Mr. Trump — learned that Ms. Biden had stayed there previously and that some of her things were still there, according to two people familiar with the matter.September 2020: Project Veritas Obtains the DiaryExactly what happened next remains the subject of the federal investigation. But by September, the diary had been acquired from Ms. Harris and a friend by Project Veritas, whose operations against liberal groups and traditional news organizations had helped make it a favorite of Mr. Trump.In a court filing, Project Veritas told a federal judge that around Sept. 3, 2020, someone the group described as “a tipster” called Project Veritas and left a voice message. The caller said “a new occupant moved into a place where Ashley Biden had previously been staying and found Ms. Biden’s diary and other personal items.”The “diary is pretty crazy,” the tipster said on the voice mail, according to a Project Veritas court filing. “I think it’s worth taking a look at.”In a statement after the investigation became public, Mr. O’Keefe said: “Project Veritas gave the diary to law enforcement to ensure it could be returned to its rightful owner.” The lawyer who took Ms. Biden’s belongings to the police in Florida described them as “crap” and that he was “fine” with officers throwing the bags away.Cooper Neill for The New York TimesIn a recent letter to Congress, a lawyer for Project Veritas said it had been told the items had been abandoned in a room where Ms. Biden had stayed.Project Veritas has acknowledged buying the diary, through an unnamed proxy, from two people it identified in court filing as “A.H.” and “R.K.,” but said it was told they had acquired the diary lawfully.People involved in the case have identified “A.H.” as Ms. Harris and “R.K.” as Robert Kurlander. Mr. Kurlander, a self-described venture capitalist, is a longtime friend and former housemate of Ms. Harris. In October 2020, days before the election, Mr. Kurlander said on Twitter: “Where are Biden’s two kids?” adding, “Ashley and Hunter are disasters. Reflection of the parents.”In 1994, Mr. Kurlander pleaded guilty in federal court in Florida to a conspiracy count in a drug-related money laundering scheme that also led to a guilty plea from David Witter, the grandson of the founder of the investment firm Dean Witter. Mr. Kurlander was sentenced to 40 months in prison.Ms. Harris “is fully cooperating with the investigation and will remain responsive to the government’s requests for evidence and for her version of events,” her lawyer, Guy Fronstin, said in an email. “When the facts emerge it will be clear that my client has information relative to the investigation but no culpability.”Outside his house last month near a golf course in Jupiter, Fla., Mr. Kurlander declined to comment, but a woman with him acknowledged they had been dealing with the matter and wanted to avoid public attention. She provided the name of their lawyer, who declined to comment.A Possible Link to Trump SupportersMr. Kurlander also provides a potential link to the possible role of a number of Trump supporters. Among those whose conduct is being scrutinized in the investigation is a woman with ties to Mr. Trump, Elizabeth Fago, a Florida businesswoman and Trump donor who was nominated by Mr. Trump in December 2020 to the National Cancer Advisory Board.Ms. Fago appears to know Mr. Kurlander. A picture on social media shows them dining together in July 2020. Investigators are also looking at the role of Ms. Fago’s daughter, Stephanie Walczak.Ms. Fago visited the Trump White House at least twice. Her son, Joey Fago — a real estate agent who this year worked with Donald Trump Jr. and Kimberley Guilfoyle on their purchase of a $9.7 million Florida mansion — posted a video of him and his mother at the White House on election night in 2020 and at a Christmas party the next month, where they can be seen in the West Wing.Elizabeth Fago in 2018. Ms. Fago, a donor to former President Donald J. Trump who visited the White House at least twice, is among a number of individuals being scrutinized by federal investigators, according to people familiar with the matter. Nick Mele/Patrick McMullan via Getty ImagesShe and her son also met Mr. Trump on the tarmac of the West Palm Beach airport in 2019 and another picture shows the two together. In 2016, she co-hosted a fund-raiser for Mr. Trump at his club at Mar-a-Lago.That year Ms. Fago gave $15,400 to pro-Trump fund-raising committees and an additional $7,600 to the Republican National Committee after Mr. Trump won the party’s nomination. In October 2020, she gave $500 to pro-Trump committees.It remains unclear how Ms. Harris and Mr. Kurlander made contact with Project Veritas and what role others might have played in facilitating the transaction.Ms. Fago did not respond to requests for comment. Ms. Walczak declined to comment.Spokesmen for the F.B.I. and Justice Department declined to comment.Using the Diary as LeverageLess than a month before Election Day, in an Oct. 12, 2020, email that Project Veritas included in a court filing, Mr. O’Keefe told his team that he had made the decision not to publish a story about the diary, adding: “We have no doubt the document is real” but that reactions to its publication would be “characterized as a cheap shot.”But Project Veritas was still trying to use the diary as leverage. On Oct. 16, 2020, Project Veritas wrote to Mr. Biden and his campaign that it had obtained a diary Ms. Biden had “abandoned” and wanted to question Mr. Biden on camera about its contents that referred specifically to him.“Should we not hear from you by Tuesday, October 20, 2020, we will have no choice but to act unilaterally and reserve the right to disclose that you refused our offer to provide answers to the questions raised by your daughter,” Project Veritas’ chief legal officer, Jered T. Ede, wrote.In response, Ms. Biden’s lawyers accused Project Veritas of threatening them as part of “extortionate effort to secure an interview” with Mr. Biden in the campaign’s closing days.Ms. Biden’s lawyers refused to acknowledge whether the diary belonged to Ms. Biden but told Mr. Ede that Project Veritas should treat it as stolen property — the lawyers suggested that “serious crimes” might have been committed — and that any suggestion that the diary was abandoned was “ludicrous.”Ultimately, one of Ms. Biden’s lawyers, Roberta Kaplan, told Mr. Ede: “This is insane; we should send to SDNY.” Shortly thereafter Ms. Biden’s lawyers alerted prosecutors at the United States Attorney’s office for the Southern District of New York, which is now overseeing the case.In the midst of this exchange, a conservative website, National File, published excerpts from the diary on Oct. 24, 2020, and the full diary two days later, though it got little attention. The site said it had obtained the diary from someone at another organization that was unwilling to publish it in the campaign’s final days.Mr. O’Keefe’s lawyers said in a court filing last month that Project Veritas arranged for Ms. Biden’s items to be delivered in early November to the police in Florida, not far from the house where she had left them. As the investigation came to light last month, Mr. O’Keefe said in a statement that “Project Veritas gave the diary to law enforcement to ensure it could be returned to its rightful owner.”Adam Leo Bantner II, a Florida lawyer, delivered bags belonging to Ashley Biden to the police in Delray Beach the day after her father was declared the victor in the 2020 presidential election. Mr. Bantner’s interaction with an officer was recorded on a body camera.Delray Beach Police DepartmentBut a Delray Beach Police Department report and an officer’s body camera video footage tell a somewhat different story. On the morning of Sunday, Nov. 8 — 24 hours after Mr. Biden had been declared the winner of the election — a lawyer named Adam Leo Bantner II arrived at the police station with a blue duffel bag and another bag, according to the police report and the footage. Mr. Bantner declined to reveal the identity of his client to the police.Project Veritas has said in court filings that it was assured by the people who sold Ms. Biden’s items to the group that they were abandoned rather than stolen. But the police report said that Mr. Bantner’s client had told him that the property was “possibly stolen” and “he got it from an unknown person at a hotel.”The video footage, which appears to be a partial account of the encounter, records Mr. Bantner describing the bags as “crap.” The officer can be heard telling Mr. Bantner that he is going to throw the bags in the garbage because the officer did not have any “information” or “proof of evidence”“Like I said, I’m fine with it,” Mr. Bantner replied.But the police did examine the contents of the bag and quickly determined that they belonged to Ms. Biden. The report said the police contacted both the Secret Service and the F.B.I., which later collected the items.Patricia Mazzei More

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      Trump Found Crucial Support in Congress as He Fought to Stay in Power

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      WASHINGTON — Two days after Christmas last year, Richard P. Donoghue, a top Justice Department official in the waning days of the Trump administration, saw an unknown number appear on his phone.Mr. Donoghue had spent weeks fielding calls, emails and in-person requests from President Donald J. Trump and his allies, all of whom asked the Justice Department to declare, falsely, that the election was corrupt. The lame-duck president had surrounded himself with a crew of unscrupulous lawyers, conspiracy theorists, even the chief executive of MyPillow — and they were stoking his election lies.Mr. Trump had been handing out Mr. Donoghue’s cellphone number so that people could pass on rumors of election fraud. Who could be calling him now?It turned out to be a member of Congress: Representative Scott Perry, Republican of Pennsylvania, who began pressing the president’s case. Mr. Perry said he had compiled a dossier of voter fraud allegations that the department needed to vet. Jeffrey Clark, a Justice Department lawyer who had found favor with Mr. Trump, could “do something” about the president’s claims, Mr. Perry said, even if others in the department would not.The message was delivered by an obscure lawmaker who was doing Mr. Trump’s bidding. Justice Department officials viewed it as outrageous political pressure from a White House that had become consumed by conspiracy theories.It was also one example of how a half-dozen right-wing members of Congress became key foot soldiers in Mr. Trump’s effort to overturn the election, according to dozens of interviews and a review of hundreds of pages of congressional testimony about the attack on the Capitol on Jan. 6.Representatives Jim Jordan of Ohio, left, and Scott Perry of Pennsylvania at a rally in Harrisburg, Pa., two days after the 2020 election.Gabriela Bhaskar for The New York TimesThe lawmakers — all of them members of the ultraconservative House Freedom Caucus — worked closely with the White House chief of staff, Mark Meadows, whose central role in Mr. Trump’s efforts to overturn a democratic election is coming into focus as the congressional investigation into Jan. 6 gains traction.The men were not alone in their efforts — most Republican lawmakers fell in line behind Mr. Trump’s false claims of fraud, at least rhetorically — but this circle moved well beyond words and into action. They bombarded the Justice Department with dubious claims of voting irregularities. They pressured members of state legislatures to conduct audits that would cast doubt on the election results. They plotted to disrupt the certification on Jan. 6 of Joseph R. Biden Jr.’s victory.There was Representative Jim Jordan of Ohio, the pugnacious former wrestler who bolstered his national profile by defending Mr. Trump on cable television; Representative Andy Biggs of Arizona, whose political ascent was padded by a $10 million sweepstakes win; and Representative Paul Gosar, an Arizona dentist who trafficked in conspiracy theories, spoke at a white nationalist rally and posted an animated video that depicted him killing Representative Alexandria Ocasio-Cortez, Democrat of New York.Representatives Paul Gosar of Arizona, left, and Louie Gohmert of Texas spoke at a news conference this month expressing concerns about the treatment of those who had stormed the Capitol on Jan. 6.T.J. Kirkpatrick for The New York TimesThey were joined by Representative Louie Gohmert of Texas, who was known for fiery speeches delivered to an empty House chamber and unsuccessfully sued Vice President Mike Pence over his refusal to interfere in the election certification; and Representative Mo Brooks of Alabama, a lawyer who rode the Tea Party wave to Congress and was later sued by a Democratic congressman for inciting the Jan. 6 riot.Mr. Perry, a former Army helicopter pilot who is close to Mr. Jordan and Mr. Meadows, acted as a de facto sergeant. He coordinated many of the efforts to keep Mr. Trump in office, including a plan to replace the acting attorney general with a more compliant official. His colleagues call him General Perry.Mr. Meadows, a former congressman from North Carolina who co-founded the Freedom Caucus in 2015, knew the six lawmakers well. His role as Mr. Trump’s right-hand man helped to remarkably empower the group in the president’s final, chaotic weeks in office.In his book, “The Chief’s Chief,” Mr. Meadows insisted that he and Mr. Trump were simply trying to unfurl serious claims of election fraud. “All he wanted was time to get to the bottom of what really happened and get a fair count,” Mr. Meadows wrote.Congressional Republicans have fought the Jan. 6 committee’s investigation at every turn, but it is increasingly clear that Mr. Trump relied on the lawmakers to help his attempts to retain power. When Justice Department officials said they could not find evidence of widespread fraud, Mr. Trump was unconcerned: “Just say that the election was corrupt + leave the rest to me and the R. Congressmen,” he said, according to Mr. Donoghue’s notes of the call.Rudolph W. Giuliani, Mr. Trump’s personal lawyer, promoted several conspiracy theories as he fought the electoral process.Erin Schaff/The New York TimesNovemberOn Nov. 9, two days after The Associated Press called the race for Mr. Biden, crisis meetings were underway at Trump campaign headquarters in Arlington, Va.Understand the U.S. Capitol RiotOn Jan. 6, 2021, a pro-Trump mob stormed the Capitol.What Happened: Here’s the most complete picture to date of what happened — and why.Timeline of Jan. 6: A presidential rally turned into a Capitol rampage in a critical two-hour time period. Here’s how.Key Takeaways: Here are some of the major revelations from The Times’s riot footage analysis.Death Toll: Five people died in the riot. Here’s what we know about them.Decoding the Riot Iconography: What do the symbols, slogans and images on display during the violence really mean?Mr. Perry and Mr. Jordan huddled with senior White House officials, including Mr. Meadows; Stephen Miller, a top Trump adviser; Bill Stepien, the campaign manager; and Kayleigh McEnany, the White House press secretary.According to two people familiar with the meetings, which have not been previously reported, the group settled on a strategy that would become a blueprint for Mr. Trump’s supporters in Congress: Hammer home the idea that the election was tainted, announce legal actions being taken by the campaign, and bolster the case with allegations of fraud.At a news conference later that day, Ms. McEnany delivered the message.“This election is not over,” she said. “Far from it.”Mr. Jordan’s spokesman said that the meeting was to discuss media strategy, not to overturn the election.On cable television and radio shows and at rallies, the lawmakers used unproved fraud claims to promote the idea that the election had been stolen. Mr. Brooks said he would never vote to certify Mr. Trump’s loss. Mr. Jordan told Fox News that ballots were counted in Pennsylvania after the election, contrary to state law. Mr. Gohmert claimed in Philadelphia that there was “rampant” voter fraud and later said on YouTube that the U.S. military had seized computer servers in Germany used to flip American votes.Mr. Gosar pressed Doug Ducey, the Republican governor of Arizona, to investigate voting equipment made by Dominion Voting Systems, a company at the heart of several false conspiracy theories that Mr. Trump and his allies spread.Mr. Trump’s supporters protested at the Maricopa County Recorder’s Office in Phoenix as ballots were being counted in November 2020.Adriana Zehbrauskas for The New York TimesMr. Gosar embraced the fraud claims so closely that his chief of staff, Tom Van Flein, rushed to an airplane hangar parking lot in Phoenix after a conspiracy theory began circulating that a suspicious jet carrying ballots from South Korea was about to land, perhaps in a bid to steal the election from Mr. Trump, according to court documents filed by one of the participants. The claim turned out to be baseless.Mr. Van Flein did not respond to detailed questions about the episode.Even as the fraud claims grew increasingly outlandish, Attorney General William P. Barr authorized federal prosecutors to look into “substantial allegations” of voting irregularities. Critics inside and outside the Justice Department slammed the move, saying it went against years of the department’s norms and chipped away at its credibility. But Mr. Barr privately told advisers that ignoring the allegations — no matter how implausible — would undermine faith in the election, according to Mr. Donoghue’s testimony.And in any event, administration officials and lawmakers believed the claims would have little effect on the peaceful transfer of power to Mr. Biden from Mr. Trump, according to multiple former officials.Mainstream Republicans like Senator Mitch McConnell of Kentucky, the majority leader, said on Nov. 9 that Mr. Trump had a right to investigate allegations of irregularities, “A few legal inquiries from the president do not exactly spell the end of the Republic,” Mr. McConnell said.Mr. Gohmert unsuccessfully sued Vice President Mike Pence, center, in an attempt to force him to nullify the election results.Stefani Reynolds for The New York TimesDecemberOn Dec. 1, 2020, Mr. Barr said publicly what he knew to be true: The Justice Department had found no evidence of widespread election fraud. Mr. Biden was the lawful winner.The attorney general’s declaration seemed only to energize the six lawmakers. Mr. Gohmert suggested that the F.B.I. in Washington could not be trusted to investigate election fraud. Mr. Biggs said that Mr. Trump’s allies needed “the imprimatur, quite frankly of the D.O.J.,” to win their lawsuits claiming fraud.They turned their attention to Jan. 6, when Mr. Pence was to officially certify Mr. Biden’s victory. Mr. Jordan, asked if the president should concede, replied, “No way.”The lawmakers started drumming up support to derail the transfer of power.Mr. Gohmert sued Mr. Pence in an attempt to force him to nullify the results of the election. Mr. Perry circulated a letter written by Pennsylvania state legislators to Mr. McConnell and Representative Kevin McCarthy of California, the House Republican leader, asking Congress to delay certification. “I’m obliged to concur,” Mr. Perry wrote.Mr. Meadows remained the key leader. When disputes broke out among organizers of the pro-Trump “Stop the Steal” rallies, he stepped in to mediate, according to two organizers, Dustin Stockton and Jennifer Lynn Lawrence.In one case, Mr. Meadows helped settle a feud about whether to have one or two rallies on Jan. 6. The organizers decided that Mr. Trump would make what amounted to an opening statement about election fraud during his speech at the Ellipse, then the lawmakers would rise in succession during the congressional proceeding and present evidence they had gathered of purported fraud.(That plan was ultimately derailed by the attack on Congress, Mr. Stockton said.)Mr. Trump at the rally outside the White House on Jan. 6. “We fight like hell, and if you don’t fight like hell, you’re not going to have a country anymore,” he told his supporters.Pete Marovich for The New York TimesOn Dec. 21, Mr. Trump met with members of the Freedom Caucus to discuss their plans. Mr. Jordan, Mr. Gosar, Mr. Biggs, Mr. Brooks and Mr. Meadows were there.“This sedition will be stopped,” Mr. Gosar wrote on Twitter.Asked about such meetings, Mr. Gosar’s chief of staff said the congressman and his colleagues “have and had every right to attend rallies and speeches.”“None of the members could have anticipated what occurred (on Jan. 6),” Mr. Van Flein added.Mr. Perry was finding ways to exert pressure on the Justice Department. He introduced Mr. Trump to Mr. Clark, the acting head of the department’s civil division who became one of the Stop the Steal movement’s most ardent supporters.Then, after Christmas, Mr. Perry called Mr. Donoghue to share his voter fraud dossier, which focused on unfounded election fraud claims in Pennsylvania.“I had never heard of him before that day,” Mr. Donoghue would later testify to Senate investigators. He assumed that Mr. Trump had given Mr. Perry his personal cellphone number, as the president had done with others who were eager to pressure Justice Department officials to support the false idea of a rigged election.Key Aspects of the Jan. 6 InquiryCard 1 of 8The House investigation. More

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      Evidence Muddles Durham’s Case on Sussmann’s F.B.I. Meeting

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      One disclosure dovetails with the special counsel John Durham’s indictment against Michael Sussmann, while several others clash with it.WASHINGTON — When a special counsel accused a prominent cybersecurity lawyer of lying to the F.B.I. during a September 2016 meeting about Donald J. Trump’s possible links to Russia, the indictment presented a lengthy narrative but the direct evidence appeared lean.The indictment said the lawyer, Michael A. Sussmann, had made a false statement by telling an F.B.I. official that he was not representing a client in presenting the information. Mr. Sussmann, who has pleaded not guilty, has denied saying that. No one else was present and their conversation was not recorded, so the direct and clearly admissible evidence appeared to boil down to one witness.This week, additional pieces of evidence emerged into public view that were not in the indictment — one of which appears to dovetail with the accusation against Mr. Sussmann by the special counsel, John H. Durham, who was appointed during the Trump administration, while several others appear to conflict with it. The material emerged in court filings and at a status conference before a judge on Wednesday.It is not clear whether all of the newly disclosed evidence will be admissible. But the jostling between prosecutors and defense lawyers could offer a preview of aspects of the trial, which they said on Wednesday would last about two weeks and Judge Christopher R. Cooper said could begin in May or early June.While the charge against Mr. Sussmann is narrow, it has received significant political attention in part because Mr. Durham concluded that the Hillary Clinton campaign had helped push the suspicions, which concerned possible secret communications between computer servers associated with Mr. Trump’s company and the Kremlin-linked Alfa Bank. The F.B.I. decided the suspicions were unfounded.In accusing Mr. Sussmann of telling the F.B.I. official — James A. Baker, then the bureau’s general counsel — that he had no clients, Mr. Durham claimed that Mr. Sussmann was actually representing both a technology executive and the Clinton campaign. Mr. Sussmann, via his lawyers, denied that he told Mr. Baker that he had no client, while maintaining he was there on behalf of only the executive, not the campaign.One piece of newly disclosed evidence, described in a filing by Mr. Durham’s team on Tuesday evening, consists of handwritten notes by an F.B.I. lawyer to whom Mr. Baker spoke about the meeting that day. The Durham filing quoted the notes as saying “no specific client.”That evidence is similar to another set of handwritten notes previously cited in the indictment by another F.B.I. official who also spoke to Mr. Baker after the meeting. The indictment quoted those notes as listing Mr. Sussmann’s name, then a dash, then the name of his law firm, then a dash, and then the words “said not doing this for any client.”It is not clear whether such notes — or testimony by the F.B.I. officials who took them — would be admissible at a trial under complex rules of evidence. Those rules generally ban statements made outside court as hearsay, but they make exceptions subject to judges’ interpretations.The indictment also said that in February 2017, Mr. Sussmann met with the C.I.A. and conveyed similar and related concerns, citing a post-meeting memorandum by two agency employees that said he was “not representing a particular client.” Mr. Durham portrayed that as showing Mr. Sussmann had repeated a false statement.But at the hearing on Wednesday, a lawyer for Mr. Sussmann, Sean Berkowitz, cited evidence turned over by the prosecutors last week that muddies that picture by suggesting he may instead have told them he had a client.Emails by agency personnel ahead of the meeting, Mr. Berkowitz said, included statements like “Sussmann said he represents a client who does not want to be known” and “the plan should be to convince Sussmann that it is in his and his client’s interest to go to the F.B.I.” A draft version of the agency’s post-meeting memo also referred to Mr. Sussmann having a client, he said.A prosecutor working for Mr. Durham, Andrew DeFilippis, told the judge that “although we’re not, you know, interested in a full factual debate before the court,” an agency employee had spotted the reference to a client in the draft memo and “corrected” it for the final version. Mr. De Filippis did not address references to a client in the earlier emails.Those disclosures followed a court filing on Monday by Mr. Sussmann’s defense team that revealed contradictory things Mr. Baker had said under oath about the key interaction in Justice Department interviews, which Mr. Durham’s team disclosed to them last week.In 2019 and 2020 interviews, Mr. Baker recalled the interaction in two different ways that each clashed with the indictment’s version. In the first, he said Mr. Sussmann told him the cyberexperts who developed the Alfa Bank theory “were his clients.” In the second, he said Mr. Sussmann never said if he was representing anyone and Mr. Baker didn’t ask, but assumed he had no client.In the Tuesday court filing, Mr. Durham’s team accused the defense of “cherry-picking” the evidence and putting forward a “skewed portrayal.”The 2019 and 2020 interviews “occurred years after the events in question, and Mr. Baker made these statements before he had the opportunity to refresh his recollection with contemporaneous or near-contemporaneous notes,” they said, adding that he had since “affirmed and then re-affirmed his now-clear recollection of the defendant’s false statement.” More

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      United Auto Workers reformers prevail in vote to choose president by direct election.

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      Members of the United Automobile Workers union have voted decisively to change the way they choose their president and other top leaders, opting to select them through a direct vote rather than a vote of delegates to a convention, as the union has done for decades.The votes on the election reform proposal were cast in a referendum open to the union’s roughly one million current workers and retirees and due by Monday morning. Nearly 64 percent of the roughly 140,000 members who cast valid ballots favored a direct-election approach, according to a court-appointed independent monitor of the union.“It is time to move forward on behalf of the over one million members and retirees of the U.A.W. in solidarity,” the union said in a statement.The referendum was required by a consent decree approved this year between the union and the Justice Department, which had spent years prosecuting a series of corruption scandals involving the embezzlement of union funds by top officials and illegal payoffs to union officials from the company then known as Fiat Chrysler.More than 15 people were convicted as a result of the investigations, including two recent U.A.W. presidents.Reformers within the U.A.W. have long backed the one member, one vote approach, arguing that it would lead to greater accountability, reducing corruption and forcing leaders to negotiate stronger contracts. A group called Unite All Workers for Democracy helped organize fellow members to support the change in the referendum.“The membership of our great union has made clear that they want to change the direction of the U.A.W. and return to our glory days of fighting for our members,” said Chris Budnick, a U.A.W. member at a Ford Motor plant in Louisville, Ky., who serves as recording secretary for the reform group, in a statement Wednesday evening. “I am so proud of the U.A.W. membership and their willingness to step up and vote for change.”David Witwer, an expert on union corruption at Pennsylvania State University at Harrisburg, said the experience of the International Brotherhood of Teamsters, which shifted from voting through convention delegates to direct election in 1991, after an anti-racketeering lawsuit by federal prosecutors, supported the reformers’ claims.Dr. Witwer said the delegate system allowed seemingly corrupt union leaders to stay in power because of the leverage they had over convention delegates, who were typically local union officials whom top leaders could reward or punish.“Shifting the national union election process from convention delegates to membership direct voting was pivotal in changing the Teamsters,” he said by email.At the U.A.W., leadership positions have been dominated for decades by members of the so-called Administration Caucus, a kind of political party within the union whose power the delegate system enabled.Some longtime U.A.W. officials credit the caucus with helping to elevate women and Black people to leadership positions earlier than the union’s membership would have directly elected them.But the caucus could be deeply insular. The Justice Department contended in court filings that Gary Jones, a former U.A.W. president who was sentenced to prison this year for embezzling union funds, used some of the money to “curry favor” with his predecessor, Dennis Williams, while serving on the union’s board.Union officials have said Mr. Williams, who was recently sentenced to prison as well, later backed Mr. Jones to succeed him, helping to ensure Mr. Jones’s ascent. More

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      U.S. Indicts Iranian Hackers in Voter Intimidation Effort

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      The hackers are accused of sending threatening messages to thousands of people after breaking into voter registration systems and a media company.WASHINGTON — The Justice Department indicted two Iranian hackers on Thursday for seeking to influence the 2020 election with a clumsy effort to intimidate voters, just a day after the nation’s cyberdefense authorities warned of an escalating Iranian effort to insert malicious code into the computer networks of hospitals and other critical infrastructure.The hackers, identified in a grand jury indictment handed up in New York as Seyyed Kazemi, 24, and Sajjad Kashian, 27, are accused of sending threatening messages to several thousand voters, after breaking into some voter registration systems and at least one media company. Many of the messages sent by the Iranians were designed to look like they were from the Proud Boys, the right-wing extremist group.Law enforcement officials said Facebook messages and emails from the Iranians to Republicans falsely claimed the Democrats were planning to exploit security vulnerabilities in state voter databases to register nonexistent voters. But the hackers also sent tens of thousands of emails to Democrats. They demanded recipients change their party affiliation and vote for President Donald J. Trump.The emails were so badly written, however, that they immediately seemed suspect, and the effort was quickly exposed by Mr. Trump’s own administration. Intelligence officials have long considered the emails to Democrats to be a bit of ham-handed reverse psychology, meant to make the recipients more likely to turn out to vote against Mr. Trump.Law enforcement officials also revealed Thursday that the Iranians had hacked into a media company that provides a content management system for dozens of newspapers, although officials did not reveal the name of the organization.Had they kept access, they might have been able to post fake stories to undermine the election, law enforcement officials said. But the F.B.I. detected the intrusion and notified the company. When the Iranians tried to enter the system the day after the election, they discovered their access was blocked.While the timing seemed coincidental, the indictment was announced after the Cybersecurity and Infrastructure Security Agency, part of the Department of Homeland Security, issued a bulletin on Wednesday warning of a broad, state-sponsored Iranian campaign to get into American computer networks, including hospitals. The warning was a rare one: The governments of Australia and Britain joined in issuing it, and said that a number of ransomware attacks were being organized by the Iranian government, not just criminal groups.Taken together, the indictment and the warning suggest that the Iranian government is making broader use of its offensive cyber-units, and learning from techniques it is picking up from Russia and elsewhere. The warning did not name which American hospitals or transportation systems were the focus of Iranian attacks.“Our intelligence officials have continually warned that other countries would seek to follow Russia’s 2016 playbook,’’ Senator Mark Warner, the Virginia Democrat and chairman of the Senate Intelligence Committee, said in a statement after the indictment was announced. “Today’s charges and sanctions against several Iranians believed to be behind a cyber campaign to intimidate and influence American voters in the 2020 election are further evidence that attempts to interfere in our elections will continue, and we must all be on guard against them.”The indictment Thursday did not directly state that the two men were working for the Iranian government. Instead, they were employed by a cybersecurity firm that claims to do defensive work for the Iranian government. But U.S. officials have long contended that several such companies focus on offensive cyber activities — from theft of data to sabotaging of networks, often directed at the U.S.In the election case, previously declassified intelligence reports have linked the efforts to Tehran’s government ministries, and suggested that Iran was attempting to use variations of the playbook designed by Russia in its efforts to influence the 2016 election.In 2016 and in 2020, intelligence officials concluded Russia was trying to influence the election to benefit Mr. Trump. And while Thursday’s indictment did not specify the goal of the Iranian hackers — beyond sowing divisions among Americans — intelligence officials have repeatedly said that Iranian influence efforts were aimed at hurting Mr. Trump’s re-election efforts.“This indictment details how two Iran-based actors waged a targeted, coordinated campaign to erode confidence in the integrity of the U.S. electoral system and to sow discord among Americans,” Matthew G. Olsen, who recently took over as head of the National Security Division of the Justice Department, said. “The allegations illustrate how foreign disinformation campaigns operate and seek to influence the American public.”Officials said that the Treasury Department would impose sanctions related to the charges, and rewards would likely be set up for information that would enable the U.S. to arrest the two indicted hackers. But the men are in Iran, and the best officials can hope for is to get them arrested and extradited if they travel outside the country.In a speech earlier this week, Gen. Paul M. Nakasone, the head of U.S. Cyber Command and director of the National Security Agency, said one of the main lessons of the government’s 2020 election defense efforts was that multiple foreign governments had tried to influence the outcome.Intelligence officials have said that Russia, Iran and China mounted the biggest efforts to influence American politics in 2020, although Cuba also pushed narratives to denigrate Mr. Trump, the March intelligence report found.“What did we learn? That we had more adversaries. We had more committed adversaries,” General Nakasone said.Other intelligence officials have noted that Russia appeared to hold back from the kind of tactics it used in 2016; instead, the SVR, one of Russia’s premier intelligence agencies, focused on the SolarWinds infiltration, altering a type of software used by thousands of companies and government agencies. That gave them access to a far larger group of targets — a technique that China and other countries are also using. More

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      Project Veritas Tells Judge It Was Assured Biden Diary Was Legally Obtained

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      But a search warrant in the case suggests the Justice Department believes the diary kept by the president’s daughter Ashley Biden was stolen.Project Veritas, the conservative group under scrutiny in a Justice Department investigation of how a diary kept by President Biden’s daughter Ashley Biden was published days before the 2020 election, has told a federal judge that it received a diary from two people who said they had legally obtained it after she had abandoned it.“Project Veritas had no involvement with how those two individuals acquired the diary,” lawyers for the group said in a letter dated Wednesday to a federal judge in New York. The group’s lawyers were asking U.S. District Judge Analisa Torres for a so-called special master to determine what materials seized by federal investigators could be used as evidence in their investigation.Using initials for the individuals who the lawyers said approached the group with the diary, the lawyers said the group’s “knowledge about how R.K. and A.H. came to possess the diary came from R.K. and A.H. themselves.”In contrast with Project Veritas’s description in the letter of how the diary was obtained, a warrant used by federal authorities to search the home of the group’s founder, James O’Keefe, last Saturday indicated that federal authorities believed the property was stolen.The proceedings in the case have been sealed, but a producer for Fox News provided The New York Times with a copy of the letter written by the Project Veritas lawyers and its attachments, including a copy of the search warrant. The producer was seeking comment from The Times about allegations in the letter that the Justice Department had leaked news of the searches to the Times.Judge Torres ruled on Thursday that the government should refrain from examining the materials it obtained in the search, including from Mr. O’Keefe’s cellphones, until she decides whether to appoint a special master, according to a ruling from the judge posted on Twitter by a Project Veritas lawyer. The judge set a schedule for the government and Project Veritas to provide her with more information in the coming days, and indicated that she is unlikely to rule for at least a week.The F.B.I. executed search warrants last week at the homes of Mr. O’Keefe and two former employees for the group.Project Veritas never ended up publishing Ms. Biden’s diary. It was made public less than two weeks before the 2020 election by a right-wing website that posted several photographs of diary pages it claimed were written by Ms. Biden. The website said it had obtained the diary from a “whistle-blower” who worked for a media organization that had decided not to publish a story on the topic. The search warrant provided some sense of the specific questions the government is seeking to answer in its investigation related to Project Veritas, which has previously said it purchased the diary.According to the search warrant — which described Ms. Biden’s property as “stolen” — the government said it was looking for any evidence Mr. O’Keefe had about how Ms. Biden’s property was obtained and whether Ms. Biden was surveilled before the property was taken.The government also said it was seeking any communications that the group prepared to send to Ms. Biden, Mr. Biden and others about her property.The government said in the search warrant that among the crimes it was investigating were conspiracy to transport stolen property across state lines, conspiracy to possess stolen goods and transporting stolen property across state lines.Project Veritas has sought to portray itself as a news media organization that made a journalistic decision not to publish the diary, suggesting it is being targeted by the Biden Justice Department and that federal investigators disclosed the existence of the searches to a reporter for The Times.“This leaked information likely was intended to preemptively deflect criticism that the D.O.J. was being used to target a news organization viewed by some as critical of the Biden administration over the matter of President Biden’s daughter’s diary,” the Project Veritas lawyers said in their letter.They added: “Members of the news media like Mr. O’Keefe and Project Veritas depend on an atmosphere of confidence and trust. If the government may, pursuant to a search warrant, fully examine a reporter’s electronic devices — which include information and communications with government critics, watchdogs and whistle-blowers — then the truth-seeking function of the press will wither.”Susan C. Beachy More

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      F.B.I. Searches James O’Keefe’s Home in Ashley Biden Diary Theft Inquiry

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      Authorities carried out a court-ordered search at the New York apartment of the Project Veritas founder two days after searching the homes of his associates.Federal authorities on Saturday searched the home of James O’Keefe, the founder of the conservative group Project Veritas, according to witnesses and people briefed on the matter, a day after Mr. O’Keefe acknowledged that the group was under investigation by the Justice Department in connection with a diary reported to have been stolen from Ashley Biden, President Biden’s daughter.The F.B.I. carried out a court-ordered search of Mr. O’Keefe’s apartment in Mamaroneck, N.Y., early on Saturday morning, after having searched the homes of two associates of Mr. O’Keefe on Thursday as part of the investigation.An F.B.I. spokesman on Saturday said that agents had “performed law enforcement activity” at the building, but would not discuss the investigation.Mr. O’Keefe did not immediately respond to a request for comment on Saturday. But in a video statement on Friday, he said that his group had recently received a grand jury subpoena and acknowledged that Project Veritas had been involved in discussions with sources last year about the diary.Jimmy Maynes, who lives next to Mr. O’Keefe at an apartment complex in Mamaroneck, said a handful of F.B.I. agents arrived early Saturday morning.“They asked for James,” Mr. Mayne, an entertainment manager, said. “I thought they were banging on my door. I opened the door.”“They told me to close the door and I closed the door,” he added. “That’s exactly what happened. It was still dark.”Brent Mickol, a teacher who lives across the hall from Mr. O’Keefe, said it was about 6 a.m. when agents arrived. Mr. Mickol said the agents said “something along the lines of ‘F.B.I. Warrant. Open up.’”“I ran to the door and looked out the peep hole and clearly saw an F.B.I. raid,” he said. “You saw the jackets. Literally, it was just out of a movie.”Mr. Maynes and Mr. Mickol said the F.B.I. agents were at the apartment for several hours.In his video statement on Friday, Mr. O’Keefe offered a lengthy defense of his group’s handling of the diary, saying that he and his colleagues had been operating as ethical journalists, had turned the diary over to the law enforcement authorities last year and had sought to return it to a lawyer for Ms. Biden.“It appears the Southern District of New York now has journalists in their sights for the supposed crime of doing their jobs lawfully and honestly,” Mr. O’Keefe said in the video statement. “Our efforts were the stuff of responsible, ethical journalism and we are in no doubt that Project Veritas acted properly at each and every step.”Project Veritas did not publish Ms. Biden’s diary, but dozens of handwritten pages from it were posted on a right-wing website last year a week and a half before Election Day, at a time when President Donald J. Trump was seeking to undermine Mr. Biden’s credibility by portraying his son Hunter as engaging in corrupt business dealings. The posting was largely ignored by other conservative outlets and the mainstream media.The website said it had obtained the diary from a whistle-blower who worked for a media organization that refused to publish a story about it before the election. It claimed to know where the actual diary was located and that the whistle-blower had an audio recording of Ms. Biden admitting it was hers.Ms. Biden, 40, is Mr. Biden’s youngest child. She has maintained a low profile and attracted far less attention than Hunter Biden, her half brother.The Trump administration’s Justice Department, then led by Attorney General William P. Barr, opened an investigation into the matter shortly after a representative of the Biden family reported to federal authorities in October 2020 that several of Ms. Biden’s personal items had been stolen in a burglary, according to two people briefed on the matter.Mr. O’Keefe said in the video that “tipsters” had reached out to Project Veritas in 2020 to alert them to the existence of the diary, saying that they had stayed in a room that Ms. Biden had recently been in. But Mr. O’Keefe said that his group could not authenticate the diary and made an “ethical” decision to not publish it.He said that Project Veritas gave the diary to “law enforcement” and attempted to return it to a lawyer representing Ms. Biden, who he said “refused to authenticate it.” Mr. O’Keefe portrayed the investigation as politically motivated, questioning why the Justice Department under Ms. Biden’s father was pursuing the case.In recent weeks, federal investigators have reached out to at least one person who worked for Project Veritas to question that person about the diary, one of the people briefed on the case said.On Thursday, federal authorities searched the residence in Manhattan of Spencer Meads, a longtime Project Veritas operative and confidant of Mr. O’Keefe, and an apartment in Mamaroneck linked to another O’Keefe associate.Project Veritas has a history of targeting Democratic congressional campaigns, labor groups, news media organizations and others. The group conducts sting operations using hidden cameras and fake identities. At one point, Project Veritas relied on a former British spy named Richard Seddon to help train its operatives, teaching them espionage tactics such as using deception to secure information from potential targets.Flyover Media, the company that owns the website that published the pages from the diary, is registered to the same Sheridan, Wyo., address as Mr. Seddon’s company, Branch Six Consulting International. Mr. O’Keefe, the founder of Project Veritas, was once the president of a company that later registered at the same address. More

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      People Tied to Project Veritas Scrutinized in Theft of Diary From Biden’s Daughter

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      The F.B.I. carried out search warrants in New York as part of a Justice Department investigation into how pages from Ashley Biden’s journal came to be published by a right wing website.The Justice Department searched two locations associated with the conservative group Project Veritas as part of an investigation into how a diary stolen from President Biden’s daughter, Ashley, came to be publicly disclosed a week and a half before the 2020 presidential election, according to people briefed on the matter.Federal agents in New York conducted the court-ordered searches on Thursday — one in New York City and one in suburban Westchester County — targeting people who had worked with the group and its leader, James O’Keefe, according to two of the people briefed on the events. The investigation is being handled by F.B.I. agents and federal prosecutors in Manhattan who work on public corruption matters, the people said.After this article was initially published online on Friday, Mr. O’Keefe put out a video confirming that current and former Project Veritas employees had their homes searched on Thursday.He said the group had recently received a grand jury subpoena and acknowledged that Project Veritas had been involved in discussions with sources about the diary. But he offered a lengthy defense of his group’s handling of the diary, saying that he and his colleagues had been operating as ethical journalists.“It appears the Southern District of New York now has journalists in their sights for the supposed crime of doing their jobs lawfully and honestly,” Mr. O’Keefe said, referring to federal prosecutors in Manhattan. “Our efforts were the stuff of responsible, ethical journalism and we are in no doubt that Project Veritas acted properly at each and every step.”Project Veritas did not publish Ms. Biden’s diary, but dozens of handwritten pages from it were posted on a right wing website on Oct. 24, 2020, at a time when President Donald J. Trump was seeking to undermine Mr. Biden’s credibility by portraying his son, Hunter, as engaging in corrupt business dealings. The posting was largely ignored by other conservative outlets and the mainstream media.The website said it had obtained the diary from a whistle-blower who worked for a media organization that refused to publish a story about it before the election. It claimed to know where the actual diary was located and that the whistle-blower had an audio recording of Ms. Biden admitting it was hers.The Trump administration Justice Department, then led by Attorney General William P. Barr, opened an investigation into the matter shortly after a representative of the Biden family reported to federal authorities in October 2020 that several of Ms. Biden’s personal items had been stolen in a burglary, according to two people briefed on the matter.Mr. O’Keefe said in the video that “tipsters” had reached out to Project Veritas in 2020 to alert them to the existence of the diary, saying that they had stayed in a room that Ms. Biden had recently been in. But Mr. O’Keefe said that his group could not authenticate the diary and made an “ethical” decision to not publish it.He said that Project Veritas gave the diary to “law enforcement” and attempted to return it to a lawyer representing Ms. Biden, who he said “refused to authenticate it.” Mr. O’Keefe portrayed the investigation as politically motivated, questioning why the Justice Department under Ms. Biden’s father was pursuing the case.In recent weeks, federal investigators have reached out to at least one person who worked for Project Veritas to question that person about the diary, one of the people briefed on the case said.Project Veritas has a history of targeting Democratic congressional campaigns, labor organizations, news media and others. The group conducts sting operations, using hidden cameras and fake identities. At one point, Project Veritas relied on a former British spy named Richard Seddon to help train its operatives, teaching them espionage tactics such as using deception to secure information from potential targets.Flyover Media, the company that owns the website that published the pages from the diary, is registered to the same Sheridan, Wyo., address as Mr. Seddon’s company, Branch Six Consulting International. Mr. O’Keefe, the founder of Project Veritas, was once the president of a company that later registered at the same address.Project Veritas has a pending libel suit against The New York Times over a 2020 story about a video the group made alleging voter fraud in Minnesota.Ms. Biden, 40, is Mr. Biden’s youngest child. She has maintained a low profile and attracted far less attention than Hunter Biden, her half brother. In 2019, Mr. Trump withheld military aid from Ukraine at the same time he pressured that country’s president for support in investigating Hunter Biden’s business dealings, leading to Mr. Trump’s first impeachment.President Biden hugged his daughter, Ashley, after he was sworn in last year.Erin Schaff/The New York TimesAn F.B.I. spokesman in New York would not comment on the investigation, saying only that agents had “performed law enforcement activity related to an ongoing investigation” at two locations. One of the searches took place in an apartment on East 35th Street near the Midtown Tunnel and the other in Mamaroneck, N.Y., north of New York City.A spokesman for the United States Attorney’s office in Manhattan declined to comment.In Manhattan, a neighbor a floor above the apartment that was searched on East 35th Street said she was woken out of her sleep early Thursday morning by agents pounding on a door and repeatedly shouting “Open Up!” and “F.B.I.!”“I thought it was a joke,” said the neighbor, Mychael Green, 23. “For 10 minutes they were knocking on his door obviously really loud,” and eventually forced their way into the apartment, Ms. Green said. Hours later, the doorjamb was clearly broken and the door was hanging ajar.Spencer Meads, the longtime Project Veritas operative and confidante of Mr. O’Keefe, has lived in that apartment since 2019, according to public records.Ms. Green said that the agents were yelling “Spencer, open up!”A former Project Veritas employee said that Mr. Meads had been involved in recruiting operatives. A website that tracks Project Veritas operatives said that Mr. Meads had also been involved in undercover operations for the group.Mr. Meads did not respond to an email and a text message seeking comment.The Justice Department finds itself in a highly unusual situation in regards to Mr. Biden’s children. Not only is it investigating the case of Ms. Biden’s diary, but Hunter Biden disclosed last year that Justice Department prosecutors in Delaware were investigating his taxes.The pages were posted online under the byline of Patrick Howley, a reporter who has worked for several conservative outlets in recent years. He was the first to disclose a yearbook photo from the page of Gov. Ralph Northam of Virginia that showed one individual in a Ku Klux Klan outfit and another individual in blackface.Mr. Howley also disclosed damaging text messages between Cal Cunningham, a Democrat running for Senate in North Carolina, and a woman with whom he was having an extramarital affair.While the disclosure of Ms. Biden’s diary was largely ignored, some far right outlets and supporters of Mr. Trump jumped on the news of the diary as further evidence that Mr. Biden was unfit to be president. Alex Jones, a prominent far right radio host, brought up the diary on an episode of Joe Rogan’s podcast.Mr. Trump used Twitter to send or promote positive comments about Project Veritas at least six times in the last two years of his presidency. Mr. Trump boosted Project Veritas content even before he became president, and shortly after he announced his campaign for president in 2015, Mr. O’Keefe visited Trump Tower and showed Mr. Trump footage he was intending to release to damage Hillary Clinton, the most likely Democratic nominee.In 2016, a Project Veritas operative infiltrated Democracy Partners, a political consulting firm, using a fake name, fabricated résumé and made secret recordings of the staff.Democracy Partners later sued Project Veritas. In a ruling last month in the lawsuit, U.S. District Court Judge Paul L. Friedman said that Democracy Partners could refer to the conduct by Project Veritas as a “political spying operation” in the upcoming trial.Kitty Bennett and Matthew Cullen contributed research. More