O’Keefe, James E III

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    Aimee Harris Faces Sentencing in Theft of Ashley Biden’s Diary

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    Prosecutors said the woman, Aimee Harris, sold the diary to Project Veritas, a right-wing group, to enrich herself and hurt President Biden. Project Veritas, which appears on the verge of collapse after ousting its founder, has denied wrongdoing.A Florida woman who stole a diary and other items belonging to President Biden’s daughter before the 2020 election hoped not only to profit but also to damage Mr. Biden’s chances of winning the White House by selling the material to the conservative group Project Veritas, according to a court filing.In a blistering sentencing memo filed in Manhattan on Wednesday, federal prosecutors said that the woman, Aimee Harris, was unrepentant and had no respect for the law, describing her conduct as “far outside of lawful political activism of any kind.”Ms. Harris, along with Robert Kurlander, has admitted to taking part in a conspiracy to transport stolen materials from Florida, where Ashley Biden had been living, to New York, where Project Veritas is based.“Stealing personal belongings of a candidate’s family member, and selling them to an organization to exploit them for political gain, was wrong and illegal no matter the political agenda,” the memo said.Prosecutors have recommended a sentence of six months’ home confinement and three years of supervised release while having Ms. Harris forfeit the $20,000 that Project Veritas paid her for the diary and other materials. Mr. Kurlander, who also received $20,000 from Project Veritas, is scheduled to be sentenced next month. Each faces up to five years in prison.The filing comes as Project Veritas appears on the verge of collapse after the departure of James O’Keefe, the right-wing provocateur who founded the group. Mr. O’Keefe was ousted after employees complained about his treatment of them and questioned his use of Project Veritas’ funds, leading the group to hire a law firm to investigate the allegations. Project Veritas is suing Mr. O’Keefe, who declined to be interviewed by the law firm.James O’Keefe was ousted by Project Veritas, which he founded, after employees complained about his treatment of them and questioned his use of the group’s funds. Evelyn Hockstein/ReutersMr. O’Keefe’s lawyer, Jeffrey Lichtman, said he had not seen the audit and criticized Project Veritas for failing to pay his client’s legal fees and those of other employees ensnared in the federal investigation that had been prompted by their work for the group.In an earlier tax filing, Project Veritas admitted to paying Mr. O’Keefe $20,512 in “excess benefits” in 2021, saying that charity funds had been spent to assist Mr. O’Keefe when he starred as Curly the singing cowboy in the musical “Oklahoma.”After Mr. O’Keefe’s departure, the group hired Hannah Giles as chief executive. She pledged in June to keep pursuing investigations. But on Wednesday, Jennifer Kiyak, the group’s human resources administrator, said another wave of layoffs was necessary to preserve “the possible future existence of Project Veritas.” She added that the group would pause its operations.The group is known for using deceptive tactics to carry out sting operations against left-wing organizations. It has also targeted reporters of The New York Times and has an ongoing defamation suit against the newspaper.The group is also bracing to see whether federal prosecutors in Manhattan charge anybody else associated with the theft and sale of the diary and other items. As part of the inquiry, federal investigators carried out search warrants at the apartments of Mr. O’Keefe and two former Project Veritas operatives, Spencer Meads and Eric Cochran.Project Veritas, which ultimately did not publish the contents of the diary, denies any wrongdoing.In their latest filing, prosecutors said that Ms. Biden had been living at a friend’s house in Delray Beach, Fla., but moved out in June 2020, leaving the diary and other personal items behind, including tax records, a digital camera, a digital storage card containing private family photographs, a cellphone, books, clothing and luggage.The owner of the house, a friend of Ms. Biden’s, said she could store the items there, prosecutors added, making clear that she did not abandon those personal belongings as Project Veritas has claimed.Ms. Harris moved in shortly after Ms. Biden left, staying in the same room as the president’s daughter. After finding the items, Ms. Harris conspired with Mr. Kurlander to sell them, prosecutors say, taking them to a fund-raiser for President Trump in Florida on Sept. 6, 2020.Before the event, Mr. Kurlander reminded Ms. Harris to bring the stolen property, telling her she had a “chance to make so much money.” Ms. Harris responded that she had additional items that she had not yet disclosed, adding: “I can’t wait to show you what Mama has to bring to Papa.”Robert Kurlander, who pleaded guilty in 2022 to conspiring with Ms. Harris to sell the diary, will be sentenced next month.Jefferson Siegel for The New York TimesBut the campaign made clear it was not interested in the items and told Ms. Harris and Mr. Kurlander to go to the F.B.I. Eventually, the pair got in touch with Project Veritas, which paid for them to fly to New York days later and stay at a luxury hotel in Manhattan. Later, a Project Veritas operative, identified in the filing as “Employee 1,” instructed Ms. Harris and Mr. Kurlander to return to the Florida house to retrieve additional items.But Mr. Kurlander demanded more money, according to prosecutors. In an exchange with the operative on an encrypted app, he stated: “We are doing everything we say we will do. It’s just not fair. We are taking huge risks. This isn’t fair.”That operative then flew to Florida to meet the pair, taking more stolen items, according to prosecutors, and shipping them back to New York. The Times has previously reported that Mr. Meads, a confidant of Mr. O’Keefe’s, was sent to Florida to meet the pair.In their sentencing memo, prosecutors castigated Ms. Harris. “Such criminal conduct,” they said, “does not merely hurt the victim, but seeks to undermine the political process.” More

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      In Affluent Greenwich, It’s Republicans vs. ‘Trumplicans’

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      Over the summer, the Greenwich Country Day School sent out an invitation for its annual Cider and Donuts event. To emphasize its commitment to diversity, the school noted that the autumn gathering was open to families “who identify as Black, Asian, Latinx, multiracial, indigenous, Middle Eastern, and/or people of color.”But to the alarm of the local Republican Town Committee, the invitation left out a demographic not often thought of as marginalized in this affluent community.“You listed nearly every group but white people … was that on purpose?” the committee asked in an Instagram post. “Is that how you bring people together? Inclusion …?”Stunned, the private school’s administrator graciously said the letter could have more clearly conveyed that all were welcome for cider, after which the Republican committee congratulated itself for striking a blow for civil rights: “Glad the RTC has helped our community become more inclusive.”The culture wars were destined to spill someday into the rarefied precincts of Greenwich. But who in the name of George Bush would have expected the charge to be led by a band of Trump acolytes who have taken control of the town’s Republican committee?The electoral worth of the party’s far-right swerve will be tested nationwide in next week’s midterm elections. Here in Greenwich, long a bastion of moderate Republicans like the elder Mr. Bush — a Greenwich Country Day alum — the takeover has people asking: Who are these Greenwich Republicans? And did they lock the town’s traditional Republican leaders in the hold of some yacht in Greenwich Harbor?The answer: They are a small, well-organized group that essentially applied the “precinct strategy” espoused by the former Trump strategist Stephen K. Bannon, which calls for toppling local political establishments to clear the way for like-minded Republican candidates who will one day guide the country’s future.Beth MacGillivray, the chairwoman of the new Republican Town Committee, which stands by its “inclusion” moment, said the previous committee was too moderate and lackadaisical. She promised a “red wave coming in the midterm elections.”But some Greenwich Republicans worry that their party may venture so far right it will fall off the political cliff. For them, former President Donald J. Trump is the unpredictable uncle who could turn the family barbecue into a three-alarm fire. You don’t deny the relationship, but you don’t volunteer it either.This ambivalence was highlighted in 2019 — even before the committee’s rightward lurch — when Republicans became apoplectic over a sudden sprouting of campaign signs linking Mr. Trump with Fred Camillo, their candidate for the mayor-like position of first selectman. “Trump/Camillo,” the signs said. “Make Greenwich Great Again.”The signs turned out to be the satirical handiwork of Mark Kordick, a registered Democrat and Greenwich police captain with 31 years on the force. According to court records, Mr. Camillo texted a supporter: “He better pray I do not win because I would be the police commissioner and he will be gone.”A satirical sign linking a Republican politician, Fred Camillo, to former President Donald J. Trump.Leslie Yager/Greenwich Free PressMr. Camillo did win, and Mr. Kordick was fired. In suing the town and several officials, Mr. Kordick said that the signs were “to remind undecided voters and moderate Republicans unhappy with Trump that Camillo and Trump were members of the same party.”The lawsuit, like the midterm elections, is pending.‘Clowns’ Against ‘Outsiders’Greenwich, with its increasingly diverse population of 63,000, is no longer a Republican stronghold known for fiscal conservatism and social moderation. Just five years ago, the town had considerably more registered Republicans than Democrats; today, Democrats outnumber Republicans, while unaffiliated voters, including more than a few disaffected Republicans, outnumber both.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.House Democrats: Several moderates elected in 2018 in conservative-leaning districts are at risk of being swept out. That could cost the Democrats their House majority.A Key Constituency: A caricature of the suburban female voter looms large in American politics. But in battleground regions, many voters don’t fit the stereotype.Crime: In the final stretch of the campaigns, politicians are vowing to crack down on crime. But the offices they are running for generally have little power to make a difference.Abortion: The fall of Roe v. Wade seemed to offer Democrats a way of energizing voters and holding ground. Now, many worry that focusing on abortion won’t be enough to carry them to victory.A central reason: the divisive Mr. Trump, who was trounced here by Hillary Clinton in the 2016 election. He was vilified by the town’s progressives and disliked by most moderate Republicans, though he found support among some wealthy and influential residents.It was against this backdrop that the Republican Town Committee chose Dan Quigley, 50, as its new chairman in early 2020. A financial services consultant, stay-at-home father and party moderate, he said he benefited from being a political neophyte: “No baggage. No animosity.”No such luck.Dan Quigley, the former chairman of the Greenwich Republican Town Committee, found himself at loggerheads with outspoken Trump supporters.Dave Sanders for The New York TimesBefore long, Mr. Quigley found himself at odds with Carl Higbie, a local Trump stalwart who, in 2018, had resigned his position with the Trump administration after CNN reported his history of offensive statements, including: “I believe wholeheartedly, wholeheartedly, that the Black race as a whole, not totally, is lazier than the white race, period.”Mr. Higbie, who said these past comments were either “flat-out stupid” or taken out of context, contacted Mr. Quigley about delivering Trump signs to party headquarters for the 2020 campaign, only to have Mr. Quigley explain that he had quietly prohibited Trump material, so as not to hurt the chances of the party’s local candidates. (Mr. Trump would be crushed here by Joseph R. Biden Jr., who would win 62 percent of the vote.)This irked Mr. Higbie, which led to internal bickering, which led to a compromise of sorts. Some Trump signs were delivered to party headquarters, only to be consigned to a corner and covered with a tarp.Mr. Higbie, 39, is now the host of a morning weekend program on the right-wing broadcaster Newsmax. He said recently that he had long been unhappy with the “very establishment Jeb Bush-style Republican Party” in his hometown — “historically squishy,” he said — and he was still annoyed by Mr. Quigley’s suppression of Trump signs.Carl Higbie, a Newsmax host and former member of the Trump administration, clashed with the committee’s leadership.Tyler Sizemore/Hearst Connecticut Media“Look, dude, if you’re not going to support our presidential nominee, the sitting president, we have a problem with that,” Mr. Higbie said. “It turned a lot of people off.”Mr. Quigley called the moment “the first altercation I had with this group.”It was not the last.Months later, some Republicans vehemently opposed one of the Town Committee’s nominees for the Board of Education: Michael-Joseph Mercanti-Anthony, a longtime educator with a doctorate in education leadership whose employment in the New York City school system made him suspect. What’s more, he had donated about $400 to the Biden campaign.“They saw that as unforgivable,” said Mr. Mercanti-Anthony, 47, who described himself as “a conservative who does not believe Trump possesses the competence to be president.”Mr. Higbie used his Newsmax platform to criticize Mr. Quigley and Mr. Mercanti-Anthony as Republicans in name only. He showed their photographs to his national audience, including one of Mr. Mercanti-Anthony with his two young sons — their faces blurred, Mr. Higbie said, “because we’re civil here.”“We can’t let these clowns get away with this anymore,” Mr. Higbie told his viewers.Mr. Mercanti-Anthony won more votes than any other school board candidate in last November’s local elections, part of a Republican sweep that included retaining control of the town’s powerful finance board. An unqualified success for Mr. Quigley, it would seem.Michael-Joseph Mercanti-Anthony was elected to the school board despite his opposition to Mr. Trump and being portrayed as a Republican in name only.Leslie Yager/Greenwich Free PressDays later, in an opinion piece in the local paper, Mr. Quigley urged Republicans to move on from Mr. Trump — an “ego-driven political opportunist,” he wrote — and described the party’s right wing as “angry outsiders” who base their conclusions “on dodgy facts and conspiracy theories.”Most Greenwich Republicans do not share their values, he wrote with confidenceOusting the Old GuardOrganizations like the Greenwich Republican Town Committee may seem more like vanity projects than vehicles of power. But they decide who appears on a party’s endorsed ballot for the school board, the town council, the state legislature — the steppingstones to higher office.Normally, the committee’s underpublicized meetings attract few people. But on two frigid nights in early January, hundreds of registered Republicans showed up for caucuses to elect their committee members for the next two years — after some stealthy coordination by an anti-moderate contingent that included sending out “Dear Neighbor” leaflets vowing to “protect Greenwich from turning into San Francisco.”The insurgent slate overwhelmed the Republican caucuses, winning 41 of the 63 committee seats.“A complete, total blood bath,” acknowledged Mr. Quigley, who commended the winners for being “well organized” but also accused them of a “political coup.”“It made no sense,” he said. “We weren’t Democrats, we weren’t socialists, but people who previously were not engaged in politics believed that narrative.”Five self-described working mothers took over the executive committee, including Mr. Quigley’s successor as chair, Ms. MacGillivray, 60, who was fairly new to politics. She later recalled that when asked in 2020 to help Kimberly Fiorello, a conservative Republican, run for state representative, she initially balked, joking, “It’s golf season, for God’s sake.”Ms. MacGillivray, more seasoned now, wrote in an email that despite the electoral success under Mr. Quigley, people were dissatisfied with his “inactions” and wanted a “more dynamic and responsive” leadership. Others said that dissatisfaction with the “woke” direction of the public schools also played a role.Beth MacGillivray, the committee chairwoman, attended a Greenwich Republican clambake in September with Senator Rick Scott of Florida, right.Dave Sanders for The New York TimesThe new committee cites the familiar guiding principles of limited government, parental rights and individual freedom, as well as “America First,” the catchall trope of Mr. Trump. Still, the abrupt change in tone has been like golf cleats clattering on a country club’s marbled floor.There was the perceived need to champion white inclusion in mostly white Greenwich, for example. And the time Ms. MacGillivray, in opposing transgender athletes in scholastic sports, told the school board that the men on her college ski team were consistently stronger and faster — and “even one of the male ski racers” who was “gay,” she said, “out-skied any girl or woman on the racecourse every time.”There is also the committee’s connection to the Greenwich Patriots, a hard-right group that at times seems like the id to the Town Committee’s ego. The Patriots contend that Covid-19 vaccines are unsafe, rail against “highly sexualized, pornographic and profanity-laced content” in schools, and serve as a conduit for Mr. Trump, promoting his events and sharing his specious claim that the 2020 election was stolen.“In case you are wondering,” the group’s daily newsletter once advised, “election fraud was rampant in the 2020 election in all 50 states, including in Connecticut.”False. More than 1.8 million Connecticut residents voted in the 2020 election, but the state’s Elections Enforcement Commission has received just 31 complaints alleging irregularities. Three resulted in fines, with the rest dismissed, pending or found inconclusive.A Different Kind of PlatformOne way that the Town Committee severed its moderate past was by declining to participate in the candidate debates sponsored by the League of Women Voters of Greenwich. The league’s local chapter was “clearly biased” and dominated by Democrats, Ms. MacGillivray said, with a tendency to take “strident, vocal positions on political issues” like voting rules.The chapter’s president, Sandy Waters, a former Republican member of the Greenwich school board, disputed every point. The nonpartisan organization’s not-for-profit status allows it to support policy issues such as early voting, she said, and the decision by Republicans not to participate hindered the pursuit of an informed electorate.Republican committee members spoke to voters outside Town Hall in August.Dave Sanders for The New York TimesCandidates around the country are increasingly sidestepping events like debates. But some critics said that by doing so, Greenwich Republicans had managed to avoid questions about Covid vaccinations, abortion rights, the Jan. 6 Capitol riot, false claims of electoral fraud — and Mr. Trump.Ms. MacGillivray said that the subject of Mr. Trump played no role in the caucuses. She also wondered why, in 2022, the media remained obsessed with the man.Perhaps because Mr. Trump’s ideology and style influence local politics so profoundly that John Breunig, editorial page editor of The Stamford Advocate and Greenwich Time, described Greenwich as a three-party town: Democrat, Republican and “Trumplican.”The Greenwich Republican ecosystem is such that James O’Keefe, the founder of the conservative activist group Project Veritas, is practically a local celebrity.In March, Mr. O’Keefe promoted his latest book at a gathering in a Greenwich hotel that was organized with the help of Jackie Homan, the founder of the Greenwich Patriots and an unsuccessful candidate on the caucus slate that ousted the moderate Quigley group.Months later, Project Veritas released hidden-camera video of a Greenwich elementary school vice principal boasting to an unseen woman that he tried to block the hiring of conservatives, Roman Catholics and people over 30. The circumstances behind the heavily edited video are unclear, and the vice principal, since suspended, did not make unilateral hiring decisions.Still, some Greenwich Republicans asserted that the video reflected a larger effort to “indoctrinate students with specific political ideologies.” This would include antiracism training and social emotional learning, which aims to nurture mental well-being, among other goals, but which some on the right believe is intended to make white children feel guilty for being white.Such positions have baffled more moderate Greenwich Republicans like Mike Basham, a former member of the first Bush administration who recently moved to South Carolina after many years as a prominent local leader of the party.“How can people that bright believe some of this stuff?” he asked. “Who indoctrinated them?”An Ex-President’s ShadowMr. Trump’s name doesn’t need to appear on campaign signs for him to have sway in Greenwich.For example, there is Ms. Fiorello, 47, the state representative, who is up for re-election. A participant in the effort to replace Mr. Quigley, she has moderated events with doctors accused of spreading misinformation about Covid, as well as with No Left Turn in Education, a group opposed to what it calls “the radical indoctrination and injection of political agendas” in schools.Kimberly Fiorello, a Republican state representative, helped to push out the local committee leadership.Dave Sanders for The New York TimesAfter the Federal Bureau of Investigation executed a search warrant at Mr. Trump’s Mar-a-Lago estate in Florida — collecting boxes of material, including highly classified documents, that he had failed to return to the government — Ms. Fiorello posted a video expressing concern over the “raid.”“We have to secure this republic,” she said. “Active and engaged citizens is what it takes. Peaceful protest. But citizens, we need to speak out and protect what this country is founded on. There are some things that are happening right now that are simply unacceptable and truly un-American.”There is also Leora Levy, a wealthy Greenwich Republican who, in supporting Jeb Bush for president in 2016, described Mr. Trump as “vulgar” and “ill mannered.” When Mr. Trump won the nomination, she set aside her concerns to become an enthusiastic supporter, and he later nominated her to be ambassador to Chile (the nomination never received Senate approval).When Ms. Levy, 65, decided to challenge the Democratic incumbent, Richard Blumenthal, for the Senate this year, the state Republican committee declined to endorse her. But her local Republican committee did, as did Mr. Trump, during a phone call shared at a crowded party function.Six days later, Ms. Levy won the primary.Leora Levy, a Trump-backed Greenwich Republican, is running to unseat Senator Richard Blumenthal, a Democrat.Dave Sanders for The New York TimesSince then, she has joined her Greenwich compatriots in trying to navigate the tricky Trump terrain.“I was honored to win his endorsement,” Ms. Levy told The CT Mirror, a nonprofit news organization. “He and I agree completely on policy, but I’m Leora Levy … Trump is not on the ballot. Leora Levy is.”Last month the Levy campaign held a fund-raising event at Mar-a-Lago that featured Mr. Trump. For $25,000, you could have your photograph taken with the man who lost Greenwich twice. More

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      Jury Rules Against Project Veritas in Lawsuit

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      The conservative group was found to have violated wiretapping laws and fraudulently misrepresented itself to a Democratic consulting firm, to which it was ordered to pay $120,000.WASHINGTON — A jury in a federal civil case on Thursday found that Project Veritas, a conservative group known for its deceptive tactics, had violated wiretapping laws and fraudulently misrepresented itself as part of a lengthy sting operation against Democratic political consultants.The jury awarded the consulting firm, Democracy Partners, $120,000. The decision amounted to a sharp rebuke of the practices that Project Veritas and its founder, James O’Keefe, have relied on. During the trial, lawyers for Project Veritas portrayed the operation as news gathering and its employees as journalists following the facts.“Hopefully, the decision today will help to discourage Mr. O’Keefe and others from conducting these kind of political spy operations and publishing selectively edited, misleading videos in the future,” Robert Creamer, a co-founder of Democracy Partners, said in a statement after the jury had reached a verdict.Project Veritas said it would appeal the decision.In 2016, according to testimony and documents introduced at the trial, Project Veritas carried out a plan to infiltrate Democracy Partners, which worked for Hillary Clinton’s presidential campaign through the Democratic National Committee.As part of the ruse, a Project Veritas operative posing as a wealthy donor named Charles Roth mentioned to Mr. Creamer that he wanted to make a $20,000 donation to a progressive group that was also a client of Mr. Creamer.Later, the man posing as Mr. Roth told Mr. Creamer that his niece was interested in continuing her work in Democratic circles. After the money was wired from an offshore account in Belize to the group, Mr. Creamer spoke with the woman playing the role of Mr. Roth’s niece and offered her an unpaid internship at Democracy Partners.The niece used a fake name and email account along with a bogus résumé. In his book, “American Pravda,” Mr. O’Keefe wrote that the “donation certainly greased the wheels.”The operative, whose real name is Allison Maass, secretly taped conversations and took documents while working at Democracy Partners. She then supplied the information to her superiors at Project Veritas, which edited the videos and made them public.The videos suggested that Mr. Creamer and another man, Scott Foval, were developing a plan to provoke violence by supporters of Donald J. Trump at his rallies. Mr. Creamer’s lawsuit said the “video was heavily edited and contained commentary by O’Keefe that drew false conclusions.” According to documents filed with the court in the case, the man playing Mr. Roth had proposed an “illegal voter registration scheme, and Creamer rejected it outright as illegal.”The lawsuit contended that Mr. Creamer had lost more than $500,000 worth of contracts because of the deceptions behind the Project Veritas operation..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-ok2gjs{font-size:17px;font-weight:300;line-height:25px;}.css-ok2gjs a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Joseph E. Sandler, a lawyer for Democracy Partners, said during opening arguments last week that Mr. O’Keefe was a “strong supporter” of Mr. Trump and had tried to tip the scales in favor of him during the 2016 election. The operation, Mr. Sandler said, was “all carried out for the principal purpose of embarrassing Hillary Clinton and electing Donald Trump.”He described the elaborate operation as a “painstaking web of lies conjured up by Project Veritas.”According to a Project Veritas email and trial exhibit, Mr. O’Keefe offered cash bonuses to his employees to obtain incriminating statements, and $2,500 bonuses if Mr. Trump mentioned their videos in the presidential debates later that October. The email is marked “highly confidential.”At the trial, Mr. Sandler said Project Veritas was trying to “uncover what they themselves concocted.”Paul A. Calli, a lawyer for Project Veritas, argued that the videos were newsworthy and pointed out that media outlets had published stories about the undercover operation. He said the lawsuit was just “sour grapes.”In his closing statement, Mr. Calli said Project Veritas had engaged in “deceit, deception and dishonesty.” The group used those tactics, he said, so Project Veritas “can speak truth to power.”He said there was no evidence this was a political spying operation and that the lawsuit was an attack on journalism.“The sole purpose of the operation was journalism,” Mr. Calli said.Before the trial, a federal judge ruled that Democracy Partners could refer to Project Veritas’s conduct as a “political spying operation.”Project Veritas is facing legal fights on several fronts. In August, some of its former employees sued the group, depicting a “highly sexualized” work culture in which daytime drinking and drug use were common and employees worked additional hours without pay.That same month, two Florida residents pleaded guilty in Manhattan federal court to stealing a diary belonging to the president’s daughter, Ashley Biden, and selling it to Project Veritas. According to court documents, prosecutors asserted that an employee of Project Veritas had directed the defendants to steal additional items to authenticate the diary and paid them additional money after receiving them.No charges have been filed against Project Veritas or any of its operatives in the Ashley Biden case, and the group never published the diary. But in a sign that the investigation into the group will continue, the authorities said one of the Florida residents had agreed to cooperate. As part of that investigation, F.B.I. agents conducted court-authorized searches last year at three homes of Project Veritas employees, including Mr. O’Keefe.Project Veritas was also ordered in August to pay Stanford University about $150,000 in legal fees after a federal judge tossed the defamation lawsuit the group filed in 2021.Project Veritas also has an ongoing defamation suit against The New York Times. More

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      La historia detrás del diario de Ashley Biden

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      Proyecto Veritas llamó a la hija del presidente para corroborar que era su diario. Las investigaciones judiciales revelan nuevos datos que muestran cómo fue que esa organización trabajó para divulgar información personal sobre la familia Biden.Un mes antes de las elecciones estadounidenses de 2020, la hija de Joe Biden, Ashley, recibió una llamada de un hombre que dijo que la quería ayudar. Con un tono amistoso, le aseguró que había encontrado un diario que creía que le pertenecía a ella, y quería devolvérselo.Es cierto que Ashley Biden había escrito un diario durante el año anterior mientras se recuperaba de una adicción y lo había guardado, junto con otras pertenencias, en la casa de un amigo en Florida donde había vivido hasta unos pocos meses antes. Si el contenido de ese diario personal se hubiese divulgado, podría haber significado una vergüenza o una distracción para su padre durante un momento crítico de la campaña.Biden acordó con el hombre que llamó que, al día siguiente, enviaría a una persona para que buscara el diario.Pero no estaba tratando con un buen samaritano.Esa persona trabajaba para el Proyecto Veritas, un grupo conservador que se había convertido en uno de los predilectos del presidente Donald Trump, según entrevistas con personas familiarizadas con la secuencia de eventos. Desde la sede del grupo en el condado de Westchester, Nueva York, y acompañado por otros miembros de la organización, el hombre buscaba engañar a Biden para que confirmara la autenticidad del diario, el cual Proyecto Veritas estaba a punto de comprarle a dos intermediarios por 40.000 dólares.El hombre que llamó no se identificó como alguien vinculado al Proyecto Veritas, según relatos de dos personas que conocen los detalles de la conversación. Al final de la llamada, varios integrantes del grupo que estuvieron presentes, que escucharon grabaciones de la llamada o que fueron informados sobre la conversación, creían que Biden había dicho más que suficiente para confirmar que era su diario.Los nuevos detalles sobre el esfuerzo del Proyecto Veritas para confirmar que el diario era de Biden, son elementos de una historia que sigue en proceso y que se enfoca en cómo algunos partidarios de Trump, y una organización conocida por sus operaciones encubiertas, trabajaron para exponer información personal sobre la familia Biden durante la campaña electoral de 2020.A través de entrevistas, y documentos judiciales y de otros tipos, la nueva información le agrega más detalles a lo que se sabe sobre un episodio que ha causado una investigación penal sobre el Proyecto Veritas por parte de fiscales federales, quienes sugirieron tener evidencia de que el grupo fue cómplice en el robo de la propiedad de Ashley Biden y el transporte de bienes hurtados a través de fronteras estatales.Además, al demostrar que el Proyecto Veritas utilizó el engaño en vez de técnicas periodísticas tradicionales cuando contactó a Biden —la persona que hizo la llamada se identificó con un nombre falso—, los nuevos testimonios podrían complicar aún más las afirmaciones que hizo la organización en documentos judiciales de que debería ser tratada como una editorial y recibir las protecciones consagradas en la Primera Enmienda. Con regularidad, el Proyecto Veritas lleva a cabo operaciones encubiertas, emboscadas para entrevistas y operativos de vigilancia, principalmente contra organizaciones y periodistas liberales.Al mismo tiempo, la nueva información sobre el caso sugiere que el esfuerzo por divulgar el diario provino de niveles más profundos del círculo de Trump de lo que se suponía.Un mes antes de que llamaran a Ashley Biden, el diario había sido compartido en un evento de recaudación de fondos de Trump en Florida, en la casa de una donante que ayudó a conseguir el diario y se lo entregó al Proyecto Veritas, y que luego fue nominada por Trump para el Consejo Nacional Consultivo de Cáncer. Entre los asistentes al evento se encontraba Donald Trump Jr., aunque no se sabe si leyó el diario.Los fiscales federales han estado investigando el modo en el que el Proyecto Veritas obtuvo el diario, y en otoño del año pasado realizaron allanamientos en las casas de tres de los agentes del grupo, incluida la de su fundador, James O’Keefe. En diversos documentos judiciales, los fiscales han sugerido que la organización fue cómplice en el robo de algunas pertenencias de Ashley Biden porque los testimonios muestran que el grupo obtuvo esos objetos al tiempo que intentaba confirmar la autenticidad del diario.El Proyecto Veritas —que demandó a The New York Times por difamación en otro caso— ha negado cualquier irregularidad o conocimiento de que alguna pertenencia haya sido robada. Se ha presentado como una organización de medios que está siendo injustamente investigada solo por ejercer periodismo, y ha atacado al Departamento de Justicia y al FBI por la manera en que han manejado el caso.Los fiscales han señalado que ven las circunstancias de otra manera; en un documento judicial en un tribunal casi desestimaron por completo los argumentos de la defensa del grupo que sostiene que actuaron como una organización de noticias. “La Primera Enmienda no brinda protección contra el robo y el transporte interestatal de propiedad robada”, afirmaron.En respuesta a una solicitud de comentarios al Proyecto Veritas, O’Keefe envió un correo electrónico criticando a The New York Times. “Imagínense escribir de forma tan divergente de la realidad y con un uso tan falaz de insinuaciones, que literalmente no exista ninguna expresión que no empeore la situación”, declaró.Los portavoces del FBI y de los fiscales federales que supervisan el caso en el distrito sur de Nueva York se negaron a hacer comentarios, al igual que Roberta Kaplan, abogada de Ashley Biden.Project Veritas se presenta como una organización de medios que está siendo investigada injustamente y ha atacado al Departamento de Justicia y al FBI por su manejo del caso.Stefani Reynolds para The New York TimesEl Times informó con anterioridad que la historia de la participación del Proyecto Veritas en el caso del diario comenzó en los meses previos al día de las elecciones.En julio de 2020, una madre soltera con dos hijos se mudó a la casa en alquiler de un exnovio en Delray Beach, Florida. La mujer, Aimee Harris, simpatizante de Donald Trump, le dijo al exnovio que tenía poco dinero, que no tenía dónde vivir y que estaba en disputa por la custodia de sus hijos. Poco después de mudarse a la casa en alquiler, Harris se enteró de que Ashley Biden —quien era amiga de su exnovio— había vivido en la casa durante ese año.Biden ya había regresado a Filadelfia en junio de 2020, por los días en que su padre había ganado la candidatura presidencial del Partido Demócrata. Guardó un par de bolsos con sus pertenencias en la casa de alquiler junto con su diario, y le dijo a su amigo, quien estaba rentando la casa, que planeaba regresar para llevarse sus cosas en el otoño.En agosto, Harris contactó a Robert Kurlander, un amigo suyo que en la década de 1990 fue sentenciado a 40 meses de prisión por fraude federal y que había expresado en línea su postura contra Biden, para decirle que había encontrado el diario. Ambos creían que podían venderlo, lo que ayudaría a Harris para pagar los abogados que la representaban en la disputa por la custodia.Nuevos detalles tomados de entrevistas y documentos han aclarado lo que sucedió después. Kurlander se puso en contacto con Elizabeth Fago, la donante de Trump que luego organizó el evento de recaudación de fondos al que asistió Donald Trump Jr. Cuando le hablaron por primera vez del diario, Fago afirmó haber pensado que podría ayudar a incrementar las posibilidades de que Donald Trump ganara las elecciones, según dos personas familiarizadas con el asunto.Richard G. Lubin, abogado de Fago, se negó a hacer comentarios.El 3 de septiembre, la hija de Fago alertó al Proyecto Veritas sobre la existencia del diario.Tres días después, Harris y Kurlander asistieron al evento de recaudación de fondos, donde también estaba presente Donald Trump Jr., en la casa de Fago en Jupiter, Florida, para ver si el equipo de la campaña de reelección del presidente podría estar interesado en el diario. Mientras estaba allí, Kurlander les mostró el diario a otras personas. No se sabe con claridad quiénes lo vieron.Después de que la investigación criminal sobre el Proyecto Veritas se hizo pública durante el otoño pasado, un destacado abogado republicano que cabildea en nombre de la organización y O’Keefe informó a un grupo de republicanos del Congreso sobre el caso, con el fin de instarlos a tratar de persuadir al Departamento de Justicia para que dejaran la investigación debido a que el grupo no había hecho nada malo, según una persona informada sobre el asunto.El presidente Donald Trump durante un discurso en Júpiter, Florida, en septiembre de 2020. Días antes, dos personas que luego le vendieron el diario a Project Veritas, lo llevaron a un evento de recaudación de fondos para la campaña de Trump.Doug Mills/The New York TimesEl abogado, Mark Paoletta, dijo que al enterarse de la existencia del diario en el evento de recaudación de fondos, Donald Trump Jr. no mostró ningún interés y dijo que quienquiera que lo tuviera debería informar al FBI. Pero poco después, Paoletta, quien se había desempeñado como el principal abogado del vicepresidente Mike Pence en la Casa Blanca, volvió a llamar a los republicanos del Congreso para decir que no estaba seguro de si la versión sobre la reacción de Donald Trump Jr. era precisa.Los archivos de cabildeo muestran que Paoletta recibió 50.000 dólares durante los últimos dos meses del año pasado para informar a los miembros del Congreso sobre la redada del FBI en la casa de O’Keefe. Paoletta y un abogado de Donald Trump Jr. no respondieron a las solicitudes de comentarios.Cuando el Proyecto Veritas se enteró de la existencia del diario a principios de septiembre, el grupo buscó adquirirlo. Aproximadamente una semana después del evento de recaudación de fondos, Harris y Kurlander volaron a Nueva York con el diario. Se reunieron con varios agentes del Proyecto Veritas en un hotel de Manhattan.Las dos partes comenzaron a negociar un acuerdo, pero no se llegó a un trato final. Como respuesta a la pregunta sobre qué pudo haberle pedido el Proyecto Veritas para ayudar a autenticar el diario, Kurlander, a través de su abogado Jonathan Kaplan, se negó a hacer comentarios.Pero Proyecto Veritas tuvo que dilucidar varios temas difíciles: ¿en realidad era el diario de Ashley Biden y no se trataba de una falsificación o una trampa? ¿Cómo es que Proyecto Veritas, una organización conocida por sus operaciones encubiertas, podría asegurarse de que no era víctima de sus propias tácticas engañosas?Uno de los subalternos de O’Keefe, Spencer Meads, fue enviado a Florida para investigar la autenticidad del diario.Lo que sucedió después aún no ha sido aclarado, y es uno de los grandes problemas de la investigación. El Proyecto Veritas ha dicho en documentos judiciales que sus agentes obtuvieron artículos adicionales pertenecientes a Biden que sus “fuentes” habían descrito como “abandonados”, sugiriendo así que no tenía conocimiento de ningún robo y que consiguieron las pertenencias de Biden de la misma manera en que los periodistas reciben información.“Poco después, las fuentes acordaron reunirse con el periodista de Project Veritas en Florida para darle artículos abandonados adicionales”, escribieron los abogados del grupo en un expediente judicial federal.Desde hace tiempo, los abogados de Proyecto Veritas habían advertido a los miembros que alentar o incentivar a las fuentes a robar documentos o artículos podría implicar al grupo en un delito. En un memorando dirigido a O’Keefe en 2017, uno de los abogados concluyó: “Bajo este precedente, PV disfruta de protecciones legales sustanciales para informar y divulgar material que puede haberse obtenido ilegalmente, siempre que no haya participado en el proceso para conseguirlo”.Sin embargo, al menos una de las “fuentes” les contó a otras personas que un agente del Proyecto Veritas le había preguntado si podía recuperar más artículos de la casa que pudieran ayudar a demostrar que el diario pertenecía a Ashley Biden, según una persona con conocimiento de la conversación. Una de las fuentes les informó a otras personas que procedió a sacar artículos adicionales de la casa y dárselos al integrante del grupo.En respuesta a las afirmaciones de la organización de que no había hecho nada malo y que su papel en el caso estaba protegido por la Primera Enmienda, los fiscales acusaron al grupo en los documentos judiciales de hacer declaraciones no juradas que son “falsas o engañosas y se contradicen directamente con la evidencia”. También declararon que incluso una organización de noticias legítima no sería protegida por la Primera Enmienda al adquirir materiales mediante robos u otros delitos.“En pocas palabras, incluso los miembros de los medios de comunicación ‘no pueden irrumpir con impunidad y entrar en una oficina o vivienda para recolectar noticias’”, dijeron los fiscales.Sin citar evidencia específica, los fiscales desafiaron directamente un argumento de Proyecto Veritas: la “reiterada afirmación del grupo de que no habían ‘participado’ en cómo se ‘adquirieron’ las pertenencias de la víctima”.El plan de Ashley Biden de que un amigo fuera a recuperar el diario, que tenía la persona que la llamó en octubre, fracasó. Y las versiones que Proyecto Veritas presentó en las últimas semanas, tanto en documentos judiciales como ante la policía local en Florida, sobre cómo obtuvo el diario dejan varias preguntas sobre el desarrollo de los eventos.El FBI obtuvo una orden y allanó la casa de James O’Keefe, el fundador del Proyecto Veritas.Cooper Neill para The New York TimesProyecto Veritas le dijo a un juez federal que el 12 de octubre, O’Keefe envió un correo electrónico diciéndole a su equipo que había tomado la decisión de no publicar la historia sobre el diario, aunque no tenían “ninguna duda de que el documento es real”. Sin embargo, sostenía que las reacciones a su publicación serían “calificadas como un golpe bajo”. La fecha del correo, proporcionada por O’Keefe, fue poco después de la llamada a Biden.Pero cuatro días después de que O’Keefe le dijera a su personal que no publicaría el diario, un importante abogado del Proyecto Veritas le dijo a la campaña de Joe Biden que tenía el diario y que quería entrevistarlo en cámara al respecto, según el Times reportó en diciembre.Menos de una semana después, Proyecto Veritas cerró un acuerdo por 40.000 dólares con Kurlander y Harris para comprar los derechos de publicación del diario, les transfirió el dinero y sugirió que el grupo planeaba publicarlo pronto, según una persona con conocimiento del caso.Al final, Proyecto Veritas decidió no publicarlo. En cambio, un sitio web de derecha publicó el diario en octubre, pero recibió muy poca atención antes de las elecciones. O’Keefe estaba furioso, y algunas personas dentro del Proyecto Veritas pensaron que uno de sus propios integrantes, frustrado por la falta de voluntad del grupo para publicar el diario, lo había filtrado.Proyecto Veritas decidió que uno de sus integrantes regresaría el diario, y las demás pertenencias de Biden, a Florida.Según un informe del Departamento de Policía de Delray Beach, un abogado se presentó en el departamento y le entregó los artículos a un oficial. El abogado, según las imágenes de la cámara corporal de la policía, dijo que los artículos fueron “posiblemente robados”.La policía alertó al FBI, que hizo que un agente recuperara el diario de Biden y otras pertenencias. Casi un año después, el FBI contactó a Harris y a Kurlander.Unas dos semanas después, agentes del FBI consiguieron órdenes para allanar las casas de O’Keefe y dos de sus colaboradores: Meads y Eric Cochran, quienes abandonaron la organización después del incidente del diario. En el caso de Meads, su abogado dijo que el FBI derribó la puerta de su apartamento. Los documentos judiciales indican que el FBI incautó 47 dispositivos, incluida una decena de teléfonos de Meads.Kenneth P. Vogel More

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      Project Veritas Says Justice Dept. Secretly Seized Its Emails

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      In a court filing, the conservative group assailed prosecutors for concealing the action in a proceeding from the investigation of how it acquired Ashley Biden’s diary.The conservative group Project Veritas said on Tuesday that the Justice Department began secretly seizing a trove of its internal communications in late 2020, just weeks after learning that the group had obtained a copy of President Biden’s daughter’s diary.In a court filing, a lawyer for Project Veritas assailed the Justice Department’s actions, which involved subpoenas, search warrants and court production orders that had not been previously disclosed and gag orders imposed on Microsoft, whose servers housed the group’s emails.The disclosure underscored the scope and intensity of the legal battle surrounding the Justice Department’s investigation into how Project Veritas, in the closing weeks of the 2020 presidential campaign, came into possession of a diary kept by Ashley Biden, the president’s daughter, and other possessions she had stored at a house in Florida.And it highlighted how the Justice Department has resisted demands by the conservative group — which regularly engages in sting operations and ambush interviews against news organizations and liberal groups and has targeted perceived political opponents — to be treated as a news organization entitled to First Amendment protections.It is highly unusual for the Justice Department to obtain the internal communications of journalists, as federal prosecutors are supposed to follow special guidelines to ensure they do not infringe on First Amendment rights.Since the investigation was disclosed last fall, federal prosecutors have repeatedly said that because they have evidence that the group may have committed a crime in obtaining Ms. Biden’s belongings, Project Veritas is not entitled to First Amendment protections.But Project Veritas, in its filing on Tuesday, said that prosecutors had failed to be forthcoming with a federal judge about the nature of their inquiry by choosing not to disclose the secret subpoenas and warrants.“This is a fundamental, intolerable abridgment of the First Amendment by the Department of Justice,” James O’Keefe, the group’s founder and leader, said in a video.In its court filing, Project Veritas asked a federal judge to intervene to stop the Justice Department from using the materials it had obtained from Microsoft in the investigation. The group said that federal prosecutors had obtained “voluminous materials” — which in many cases included the contents of emails — from Microsoft for eight of its employees, including Mr. O’Keefe.The group also disclosed that Uber had told two of its operatives who are under investigation — Spencer Meads and Eric Cochran — that it had handed over information from their accounts in March of last year in response to demands from the government.Microsoft said in response to questions about the matter that it had initially challenged the government’s demands for Project Veritas’s information, but the company declined to describe what that entailed.“We’ve believed for a long time that secrecy should be the exception and used only when truly necessary,” said Frank X. Shaw, a spokesman for Microsoft. “We always push back when the government is seeking the data of an enterprise customer under a secrecy order and always tell the customer as soon as we’re legally able.”According to a person with direct knowledge of the matter, Microsoft had pushed back on the Justice Department’s subpoenas and warrants when the company was served with them in late 2020 and early 2021. But the government refused to drop its demands and Microsoft handed over the information that prosecutors were seeking, the person said.Because of gag orders that had been imposed, Microsoft was barred from telling Project Veritas about the requests, the person said.Shortly after the existence of the investigation was revealed publicly last fall, Microsoft asked the Justice Department whether it could tell Project Veritas about the requests, the person said. The department refused to lift the gag orders, the person said.In response, Microsoft drafted a lawsuit against the Justice Department to try to get the gag orders lifted and told department officials that the company was prepared to file it. Soon afterward, the department went to court and had the gag orders lifted.A little more than a week ago, Microsoft told Project Veritas about the warrants and subpoenas, the person said.Project Veritas paid $40,000 for Ms. Biden’s diary to a man and a woman from Florida who said that it had been obtained from a home where Ms. Biden had been staying until a few months earlier. Project Veritas also had possession of other items left at the house by Ms. Biden, and at the heart of the investigation is whether the group played a role in the removal of those items from the home.Project Veritas has denied any wrongdoing and maintained that Ms. Biden’s belongings had been abandoned. The group never published the diary.Search warrants used in raids last fall on the homes of Mr. O’Keefe and two other Project Veritas operatives showed that the Justice Department was investigating conspiracy to transport stolen property and possession of stolen goods, among other crimes.In response to the searches, a federal judge, at the urging of Project Veritas, appointed a special master to oversee what evidence federal prosecutors could keep from the dozens of cellphones and electronic devices the authorities had obtained.Project Veritas said in its filing on Tuesday that at the time the special master was appointed the government should have revealed that it had conducted other searches that could have infringed on the group’s First Amendment rights or could have been protected by attorney-client privilege.In the final year of the Trump administration, prosecutors in Washington, who were investigating a leak of classified information, secretly obtained court orders demanding that Google, which houses The New York Times’s email accounts, hand over information from four Times reporters’ accounts. In response to requests from Google, the Justice Department allowed it to alert The Times to the demands so the newspaper could fight the orders. A lawyer for The Times, David McCraw, secretly fought the demands, which the government ultimately dropped. More

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      Ashley Biden’s Diary Was Shown at Trump Fund-Raiser. Weeks Later, Project Veritas Called Her.

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      The right-wing group’s deceptive call to the president’s daughter a month before Election Day is among the new details that show how the organization worked to expose personal information about the Biden family.A month before the 2020 election, Joseph R. Biden Jr.’s daughter, Ashley, received a call from a man offering help. Striking a friendly tone, the man said that he had found a diary that he believed belonged to Ms. Biden and that he wanted to return it to her.Ms. Biden had in fact kept a diary the previous year as she recovered from addiction and had stored it and some other belongings at a friend’s home in Florida where she had been living until a few months earlier. The diary’s highly personal contents, if publicly disclosed, could prove an embarrassment or a distraction to her father at a critical moment in the campaign.She agreed with the caller to send someone to retrieve the diary the next day.But Ms. Biden was not dealing with a good Samaritan.The man on the other end of the phone worked for Project Veritas, a conservative group that had become a favorite of President Donald J. Trump, according to interviews with people familiar with the sequence of events. From a conference room at the group’s headquarters in Westchester County, N.Y., surrounded by other top members of the group, the caller was seeking to trick Ms. Biden into confirming the authenticity of the diary, which Project Veritas was about to purchase from two intermediaries for $40,000.The caller did not identify himself as being affiliated with Project Veritas, according to accounts from two people with knowledge of the conversation. By the end of the call, several of the group’s operatives who had either listened in, heard recordings of the call or been told of it believed that Ms. Biden had said more than enough to confirm that it was hers.The new details of Project Veritas’s effort to establish that the diary was Ms. Biden’s are elements of a still-emerging story about how Trump supporters and a group known for its undercover sting operations worked to expose personal information about the Biden family at a crucial stage of the 2020 campaign.Drawn from interviews, court filings and other documents, the new information adds further texture to what is known about an episode that has led to a criminal investigation of Project Veritas by federal prosecutors who have suggested they have evidence that the group was complicit in stealing Ms. Biden’s property and in transporting stolen goods across state lines.And by showing that Project Veritas employed deception rather than traditional journalistic techniques in the way it approached Ms. Biden — the caller identified himself with a fake name — the new accounts could further complicate the organization’s assertions in court filings that it should be treated as a publisher and granted First Amendment protections. Project Veritas regularly carries out undercover stings, surveillance operations and ambush interviews, mostly against liberal groups and journalists.At the same time, new information about the case suggests that the effort to make the diary public reached deeper into Mr. Trump’s circle than previously known.A month before the call to Ms. Biden, the diary had been passed around a Trump fund-raiser in Florida at the home of a donor who helped steer the diary to Project Veritas and was later nominated by Mr. Trump to the National Cancer Advisory Board. Among those attending the event was Donald Trump Jr., though it is not clear if he examined it.Federal prosecutors have been investigating how Project Veritas obtained the diary, and last fall carried out searches at the homes of three of the group’s operatives, including that of its founder, James O’Keefe. In court filings, prosecutors have suggested that the organization was complicit in the theft of some of Ms. Biden’s other belongings, which interviews show the group obtained as it was seeking to confirm the diary’s authenticity.Project Veritas — which is suing The New York Times for defamation in an unrelated case — has denied any wrongdoing or knowledge that the belongings had been stolen. It has portrayed itself as a media organization that is being unfairly investigated for simply doing journalism and has assailed the Justice Department and the F.B.I. for their handling of the case.Prosecutors have signaled that they view the circumstances very differently, all but dismissing in one court filing the group’s defense that it was acting as a news organization, saying that “there is no First Amendment protection for the theft and interstate transport of stolen property.”In response to a request to Project Veritas for comment, Mr. O’Keefe sent an email criticizing The Times. “Imagine writing so thoroughly divergent from reality and so mendacious with innuendo that there is literally no utterance that won’t make it worse,” he said.Spokesmen for the F.B.I. and for federal prosecutors overseeing the case in the Southern District of New York declined to comment, as did Roberta Kaplan, a lawyer for Ms. Biden.Project Veritas portrayed itself as a media organization that is being unfairly investigated, and has assailed the Justice Department and the F.B.I. for their handling of the case.Stefani Reynolds for The New York TimesThe Times has previously reported that the story of Project Veritas’s involvement with the diary began in the months leading up to Election Day.In July 2020, a single mother of two moved into the rented home of a former boyfriend in Delray Beach, Fla. The woman, Aimee Harris, a Trump supporter, told the former boyfriend that she had little money, had nowhere to live and was in a bitter custody dispute. Shortly after moving into the rental, Ms. Harris learned that Ms. Biden — also a friend of the former boyfriend — had been staying at the home earlier that year during the pandemic.Ms. Biden had moved back to the Philadelphia area in June 2020, around the time her father clinched the Democratic Party’s nomination for president. She stored a couple of bags of her belongings at the rental house along with her diary, and she told her friend, who was leasing the home, that she planned to return to retrieve her things in the fall.In August, Ms. Harris reached out to Robert Kurlander, a friend who had been sentenced to 40 months in prison in the 1990s on a federal fraud charge and had expressed anti-Biden sentiments online, to say she had found the diary. The two believed they could sell it, allowing Ms. Harris to help pay for the lawyers representing her in the custody dispute.New details from interviews and documents have further fleshed out what happened next. Mr. Kurlander contacted Elizabeth Fago, the Trump donor who would host the fund-raiser attended by Donald Trump Jr. When first told of the diary, Ms. Fago said she thought it would help Mr. Trump’s chances of winning the election, according to two people familiar with the matter.Richard G. Lubin, a lawyer for Ms. Fago, declined to comment.On Sept. 3, Ms. Fago’s daughter alerted Project Veritas about the diary through its tip line.Three days later, Ms. Harris and Mr. Kurlander — with the diary in hand — attended the fund-raiser attended by Donald Trump Jr. at Ms. Fago’s house in Jupiter, Fla., to see whether the president’s re-election campaign might be interested in it. While there, Mr. Kurlander showed others the diary. It is unclear who saw it.After the criminal investigation into Project Veritas became public last fall, a prominent Republican lawyer who was lobbying on behalf of the organization and Mr. O’Keefe briefed a group of congressional Republicans on the case, to urge them to try to persuade the Justice Department to back off the investigation because the group did nothing wrong, according to a person briefed on the matter.President Donald J. Trump delivering remarks in Jupiter, Fla., in September 2020. Days earlier, two people who later sold the diary to Project Veritas brought the diary to a Trump campaign fund-raiser nearby.Doug Mills/The New York TimesThe lawyer, Mark Paoletta, said that upon learning about the diary at the fund-raiser, Donald Trump Jr. showed no interest in it and said that whoever was in possession of it should report it to the F.B.I. But shortly thereafter Mr. Paoletta, who had served as Vice President Mike Pence’s top lawyer in the White House, called back the congressional Republicans to say he was unsure whether the account about Donald Trump Jr.’s reaction was accurate.Lobbying filings show that Mr. Paoletta was paid $50,000 during the last two months of last year to inform members of Congress about the F.B.I. raid on Mr. O’Keefe. Mr. Paoletta and a lawyer for Donald Trump Jr. did not respond to messages seeking comment.Once Project Veritas learned about the diary in early September, the group sought to acquire it. About a week after the fund-raiser, Ms. Harris and Mr. Kurlander flew to New York with the diary. The pair met with several Project Veritas operatives at a hotel on Manhattan’s West Side.The two sides began negotiating an agreement, but no final deal was struck at that stage and Ms. Harris and Mr. Kurlander returned to Florida. In response to questions about what Project Veritas may have asked him to do to help authenticate the diary, Mr. Kurlander, through his lawyer, Jonathan Kaplan, declined to comment.But Project Veritas had to confront tricky questions: Was the diary really Ashley Biden’s, and not a fake or a setup? How could Project Veritas, best known for its undercover sting operations, be sure it was not a victim of its own deceptive tactics?To authenticate the diary, one of Mr. O’Keefe’s top lieutenants, Spencer Meads, was dispatched to Florida to do more investigative work.What happened next is a matter of dispute and one of the major issues in the investigation. Project Veritas has said in court filings that its operatives obtained additional items belonging to Ms. Biden that their “sources” had described as “abandoned,” suggesting that it had no knowledge of any theft and that it had gotten access to Ms. Biden’s belongings in the same way that journalists receive information.“The sources arranged to meet the Project Veritas journalist in Florida soon thereafter to give the journalist additional abandoned items,” lawyers for the group wrote in a federal court filing.Project Veritas’s lawyers had long instructed its operatives that encouraging or incentivizing sources to steal documents or items could ensnare the group in a crime. In a memo to Mr. O’Keefe in 2017, one of the group’s lawyers concluded: “Under controlling precedent, PV enjoys substantial legal protections to report and disclose material that may have been illegally obtained provided it played no part in obtaining it.”But at least one of the “sources” told others that a Project Veritas operative had asked them whether they could retrieve more items from the home that could help show that the diary belonged to Ms. Biden, according to a person with knowledge of the exchange. Additional items were then taken out of the home and given to the operative, one of the sources has told others.In response to assertions from Project Veritas that it had done nothing wrong and that its role in the case was protected by the First Amendment, prosecutors accused the group in court filings of making unsworn statements that are either “false or misleading and are directly contradicted by the evidence.” They also stated that even a legitimate news organization would have no First Amendment defense for acquiring material through theft or another crime.“Put simply, even members of the news media ‘may not with impunity break and enter an office or dwelling to gather news,’” prosecutors said.Without citing specific evidence, prosecutors directly challenged one argument from Project Veritas in particular: the group’s “repeated claim that they had ‘no involvement’ in how the victim’s property was ‘acquired.’”The plan for Ms. Biden to have a friend retrieve the diary from the person who called her in early October fell through. And the accounts that Project Veritas has laid out in court papers and to the local police in Florida about how it obtained the diary and dealt with it in the final weeks leave open questions about how the events played out.The F.B.I. obtained a search warrant and raided the home of James O’Keefe, the founder of Project Veritas.Cooper Neill for The New York TimesProject Veritas told a federal judge that on Oct. 12, Mr. O’Keefe sent an email telling 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.” The date provided by Mr. O’Keefe for the email was shortly after the call to Ms. Biden.But four days after Mr. O’Keefe told his staff that it would not publish the diary, a top lawyer for Project Veritas told Mr. Biden’s campaign that it had the diary and wanted to interview Mr. Biden on camera about it, The Times reported in December.Less than a week after that, Project Veritas finalized a deal with Mr. Kurlander and Ms. Harris to buy the rights to publish the diary for $40,000, wired them the money and signaled that the group planned to soon publish it, according a person with knowledge of the case.In the end, Project Veritas chose not to publish. Instead, an obscure right-wing website published the diary in late October, but it got little attention before the election. Mr. O’Keefe was furious, and some within Project Veritas thought that one of its own operatives, frustrated with the group’s unwillingness to publish the diary, had leaked it.Project Veritas decided to have one of its operatives take the diary and Ms. Biden’s other belongings back to Florida.According to a Delray Beach Police Department report, a lawyer showed up at the department and gave the items to an officer. The lawyer, according to police body camera footage, said the items were “possibly stolen.”The police alerted the F.B.I., which had an agent retrieve Ms. Biden’s diary and other belongings. Almost a year later, the F.B.I. approached Ms. Harris and Mr. Kurlander.About two weeks later, F.B.I. agents obtained search warrants to raid the homes of Mr. O’Keefe and two of his operatives: Mr. Meads and Eric Cochran, both of whom left the organization after the diary project. In the case of Mr. Meads, his lawyer said the F.B.I. broke down his apartment door. Court documents indicate that the F.B.I. seized 47 devices, including a dozen phones from Mr. Meads.Kenneth P. Vogel More

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      First Amendment Scholars Want to See the Media Lose These Cases

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      Some legal experts say it is time to draw a sharp line between protected speech and harmful disinformation.The lawyers and First Amendment scholars who have made it their life’s work to defend the well-established but newly threatened constitutional protections for journalists don’t usually root for the media to lose in court.But that’s what is happening with a series of recent defamation lawsuits against right-wing outlets that legal experts say could be the most significant libel litigation in recent memory.The suits, which are being argued in several state and federal courts, accuse Project Veritas, Fox News, The Gateway Pundit, One America News and others of intentionally promoting and profiting from false claims of voter fraud during the 2020 election, and of smearing innocent civil servants and businesses in the process.If the outlets prevail, these experts say, the results will call into question more than a half-century of precedent that created a clear legal framework for establishing when news organizations can be held liable for publishing something that’s not true.Libel cases are difficult to prove in the United States. Among other things, public figures have to show that someone has published what the Supreme Court has called a “calculated falsehood” or acted with reckless disregard for the truth.But numerous First Amendment lawyers said they thought the odds were strong that at least one of these outlets would suffer a rare loss at trial, given the extensive and well-documented evidence against them.That “may well turn out to be a good thing,” said Lee Levine, a veteran First Amendment lawyer who has defended some of the biggest media outlets in the country in libel cases.The high legal bar to prove defamation had become an increasingly sore subject well before the 2020 election, mainly but not exclusively among conservatives, prompting calls to reconsider the broad legal immunity that has shielded journalists since the landmark 1964 Supreme Court decision New York Times v. Sullivan. Critics include politicians like former President Donald J. Trump and Sarah Palin, who lost a defamation suit against The Times last month and has asked for a new trial, as well as two Supreme Court justices, Clarence Thomas and Neil M. Gorsuch.Mr. Levine said a finding of liability in the cases making their way through the courts could demonstrate that the bar set by the Sullivan case did what it was supposed to: make it possible to punish the intentional or extremely reckless dissemination of false information while protecting the press from lawsuits over inadvertent errors.“If nothing else,” Mr. Levine added, “it would effectively rebut the recent contentions that the Sullivan regime doesn’t work as intended.”The Sullivan case, which legal scholars consider as seminal to the First Amendment as Brown v. Board of Education of Topeka was to civil rights, established the “actual malice” standard for defamation. It requires that a suing public figure prove a person or media outlet knew what it said was false or acted with “reckless disregard” for the high probability that it was wrong.Calls to weaken that precedent drew considerable resistance from advocates for press freedom. But many of them have come to see the threat of a defamation suit — a tactic often used by the powerful to retaliate against and mute unwelcome criticism — as an essential tool in the battle against disinformation.Increasingly, many First Amendment lawyers see the courts as one of the last viable paths to deter the spread of political disinformation and help prevent repeats of dangerous situations — from another Jan. 6-style riot to the more isolated threats against local officials that grew out of Mr. Trump’s false insistence that the election was stolen from him.“I think we are at a time in U.S. history and world history of losing any ability as a civilization to distinguish between truth and falsity,” said Rodney Smolla, a lawyer representing Dominion Voting Systems, a technology company suing Fox News and several individuals who promoted conspiracy theories about the last election, including Rudolph W. Giuliani and Sidney Powell.“And one of the few legal avenues in which civilized countries have attempted to distinguish between truth and falsity is defamation law,” said Mr. Smolla, who believes the Sullivan decision is sound law. A judge in Delaware, where the Dominion suit was filed, denied Fox’s motion to dismiss the case in December, and it is now in the discovery phase.As a defense, Fox and others invoke the First Amendment and Sullivan, arguing that their reporting on the 2020 election and its aftermath is legally indistinguishable from the kind of basic, just-the-facts journalism that news organizations have always produced. Fox has portrayed itself as a neutral observer, saying it did not endorse claims about hacked voting machines and systemic voter fraud but instead offered a platform for others to make statements that were unquestionably newsworthy.As Fox News mounts its defense in the Dominion case and in a lawsuit by another voting systems company, Smartmatic, the network’s lawyers have argued that core to the First Amendment is the ability to report on all newsworthy statements — even false ones — without having to assume responsibility for them.“The public had a right to know, and Fox had a right to cover,” its lawyers wrote. As for inviting guests who made fallacious claims and spun wild stories, the network — quoting the Sullivan decision — argued that “giving them a forum to make even groundless claims is part and parcel of the ‘uninhibited, robust and wide-open’ debate on matters of public concern.’”Last week, a federal judge ruled that the Smartmatic case against Fox could go forward, writing that at this point, “plaintiffs have pleaded facts sufficient to allow a jury to infer that Fox News acted with actual malice.”The broadness of the First Amendment has produced strange bedfellows in free speech cases. Typically, across the political spectrum there is a recognition that the cost of allowing unrestrained discourse in a free society includes getting things wrong sometimes. When a public interest group in Washington State sued Fox in 2020, alleging it “willfully and maliciously engaged in a campaign of deception and omission” about the coronavirus, many First Amendment scholars were critical on the grounds that being irresponsible is not the same as acting with actual malice. That lawsuit was dismissed.But many aren’t on Fox’s side this time. If the network prevails, some said, the argument that the actual malice standard is too onerous and needs to be reconsidered could be bolstered.“If Fox wins on these grounds, then really they will have moved the needle too far,” said George Freeman, executive director of the Media Law Resource Center and a former lawyer for The New York Times. News organizations, he added, have a responsibility when they publish something that they suspect could be false to do so neutrally and not appear to be endorsing it.Fox is arguing that its anchors did query and rebut the most outrageous allegations.Paul Clement, a lawyer defending Fox in the Smartmatic case, said one of the issues was whether requiring news outlets to treat their subjects in a skeptical way, even if their journalists doubt that someone is being truthful, was consistent with the First Amendment.“If you’re superskeptical, you’re covered, but if you express sympathy, then somehow you’re not?” Mr. Clement said. “To me, that seems fundamentally problematic and antithetical to First Amendment values.”One America News also faces a lawsuit accusing it of deliberately promoting and profiting from false claims of voter fraud. It has not yet responded to the suit.The New York TimesPerhaps the boldest in claiming that they were merely reporting on important events and so are protected by the First Amendment are Project Veritas and its founder, James O’Keefe. They are being sued for publishing and amplifying the claims of a postal worker in Erie, Pa., who implicated his boss in a plot to backdate mail-in ballots and help elect President Biden. An investigation found no evidence to support those claims.In legal briefs, lawyers for Mr. O’Keefe and Project Veritas have called their work “the stuff responsible journalism is made of” and claimed that the case would put “news-gathering itself on trial.” To bolster their argument, they cite examples of how Project Veritas worked in ways that would seem consistent with professional news reporting, including reaching out to the accused postal supervisor for comment twice. A lawyer representing Mr. O’Keefe had no comment.The lawsuit, however, paints a different picture from the “scrupulous” reporting that Project Veritas lawyers described. It recounts how, after the election, the outlet published multiple articles about someone it identified as a whistle-blower, Richard Hopkins, who came forward with accusations that the local postmaster, Robert Weisenbach, was a “Trump hater” and had ordered employees to backdate mail-in ballots to help Mr. Biden.But the lawsuit claims that Mr. Hopkins changed his recollection of events when postal inspectors questioned him, admitting that he did not know whether Mr. Weisenbach had directed anyone to backdate ballots. As for whether Mr. Weisenbach was really the “Trump hater” Mr. Hopkins made him out to be, Mr. Weisenbach said he had voted for Mr. Trump.In the complaint, Mr. Weisenbach’s lawyers argued that what Project Veritas had done “was not investigative journalism.” Rather, they said, “it was targeted character assassination” aimed at undermining public faith in democracy.“It has no place in our country,” the complaint added.Protect Democracy, a nonpartisan advocacy group representing Mr. Weisenbach, is also assisting two public employees in Georgia who were falsely accused of orchestrating voter fraud. The pair, a mother and daughter, are suing The Gateway Pundit and One America News over articles that accused them of helping fake a water main break at a Fulton County ballot counting center and then telling everyone to go home so they could add suitcases full of illegal ballots to Mr. Biden’s totals.OAN has not yet responded to the suit. Lawyers for The Gateway Pundit have denied the claims in court filings.Rachel Goodman, counsel for Protect Democracy, said this kind of litigation “makes clear that there are steep costs to recklessly or intentionally spreading fiction for political or personal profit.”“It reminds them that the speech standards that have governed the marketplace of ideas for decades apply to them, too,” Ms. Goodman added. More

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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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      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