Civics: The FBI’s Raid on James O’Keefe

Wall Street Journal:

The subject of the investigation is apparently a diary believed to belong to President Biden’s daughter, Ashley Biden. Project Veritas says it was given the diary by two individuals last year and chose not to publish it because its authenticity couldn’t be verified, then handed it over to law enforcement. The diary was later published by an obscure website.

It’s settled law that it’s not a crime for journalists to publish information that was obtained unlawfully. If it was a crime, most of America’s largest news organizations would be criminal enterprises. Project Veritas says the people who gave the group the diary said it was not stolen. How the diary was obtained, and how it came to be published by a different website, is still murky.

Yet the search warrant says Justice is investigating “possession of stolen goods” and related offenses, suggesting Project Veritas or its employees may be targets. Imagine if the Trump Administration raided New York Times editors’ homes after the publication of the President’s tax records—or even for an investigation into documents they did not ultimately publish.

Nothing that invasive ever happened. But partly in response to the furor over the Trump Administration’s supposed threat to press freedom, Mr. Garland published guidelines in July narrowing Justice’s ability to seize information from reporters. The policy said Justice “will no longer use compulsory legal process” against journalists “acting within the scope of newsgathering activities.”

There are exceptions for things like the threat of imminent terrorist acts, or where a reporter “has used criminal methods, such as breaking and entering” to obtain information. Mr. Garland’s deputy must also approve any searches.