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Project Veritas and the Line Between Journalism and Political Spying
Project Veritas and the Line Between Journalism and Political Spying
Documents show
how the conservative group worked with lawyers to gauge how far its deceptive
reporting practices could go before running afoul of federal laws.
By Adam
Goldman and Mark Mazzetti NY Times
WASHINGTON —
Hours after F.B.I. agents searched the homes of two former Project Veritas
operatives last week, James O’Keefe, the leader of the conservative
group, took to YouTube to defend its work as “the stuff of
responsible, ethical journalism.”
“We never break
the law,” he said, railing against the F.B.I.’s investigation into members of
his group for possible involvement in the reported theft of a diary kept by
President Biden’s daughter, Ashley. “In fact, one of our ethical rules is to
act as if there are 12 jurors on our shoulders all the time.”
Project Veritas
has long occupied a gray area between investigative journalism and political
spying, and internal documents obtained by The New York Times reveal the extent
to which the group has worked with its lawyers to gauge how far its deceptive
reporting practices can go before running afoul of federal laws.
The documents, a
series of memos written by the group’s lawyer, detail ways for Project Veritas
sting operations — which typically diverge from standard journalistic practice
by employing people who mask their real identities or create fake ones to
infiltrate target organizations — to avoid breaking federal statutes such as the
law against lying to government officials.
The documents
show, for example, Project Veritas operatives’ concern that an operation
launched in 2018 to secretly record employees at the F.B.I., Justice Department
and other agencies in the hope of exposing bias against President Donald J.
Trump might violate the Espionage Act — the law passed at the height of World
War I that has typically been used to prosecute spies.
“Because intent
is relevant — and broadly defined — ensuring PV journalists’ intent is narrow
and lawful would be paramount in any operation,” the group’s media lawyer,
Benjamin Barr, wrote in response to questions from the group about using the
dating app Tinder to have its operatives meet government employees, potentially
including some with national security clearances.
In a separate
July 2017 memorandum, Mr. Barr emailed a representative of the group that the
criminal statute involving false statements to federal officials “continues to
be an expansive, dangerous law that inhibits Veritas’s operations.”
The documents
give new insight into the workings of the group at a time when it faces
potential legal peril in the diary investigation — and has signaled that its
defense will rely in part on casting itself as a journalistic organization protected
by the First Amendment.
The F.B.I. last
week searched the homes of Mr. O’Keefe and two former Project Veritas
operatives — Eric Cochran and Spencer Meads — as part of the investigation into
the reported theft of Ms. Biden’s diary. Mr. O’Keefe has acknowledged receiving
a grand jury subpoena in the case.
Mr. O’Keefe and his lawyer, Paul Calli, revealed new details about the diary investigation and F.B.I. search to Sean Hannity on Fox News on Monday. During the interview, Mr. Calli said that Project Veritas had paid for the right to publish the diary but was unable to confirm it belonged to Ms. Biden and ultimately decided not to go ahead with a story about its contents. Excerpts from the diary were later published by another conservative website.
One of the crimes
listed on Mr. O’Keefe’s search warrant was “transporting material across state
lines,” his lawyer said. There is a criminal statute against taking stolen
goods from one state to another.
Mr. O’Keefe said
the F.B.I. took his phones, which had confidential donor and source
information. He said that neither he nor his group had done anything wrong, and
that the F.B.I. searches were an assault on the First Amendment.
The legal
documents obtained by The Times were written several years ago, at a time when
Project Veritas was remaking itself from a small operation running on a
shoestring budget to a group more closely modeled on a small
intelligence-gathering organization.
During the Trump
administration, the group saw a flood of new donations from both private donors
and conservative foundations, and hired former American and British
intelligence and military operatives to train Project Veritas agents in
spy craft.
In a statement
issued by one of its lawyers, Project Veritas said it “stands behind these
legal memos and is proud of the exhaustive work it does to ensure each of its
journalism investigations complies with all applicable laws.”
The statement
said the work “reflects Project Veritas’s dedication to the First Amendment,
which protects the right to gather information, including about those in
power.”
Project Veritas
is suing The New York Times over a 2020 story about a video the group made
alleging voter fraud in Minnesota.
Most news
organizations consult regularly with lawyers, but some of Project Veritas’s
questions for its legal team demonstrate an interest in using tactics that test
the boundaries of legality and are outside of mainstream reporting techniques.
In a February
2018 memo, Mr. Barr said he was writing in response to questions from the group
about the use of Tinder “to meet prospective agents of the ‘Deep State’ or
those with national security clearances.”
The document
discussed the perils of the Espionage Act at length, and warned that Project
Veritas should not try to obtain or publish any information related to national
security. “In addition, as more facts and developments occur in these
investigations, further legal consultation is advised,” the memo stated.
The
Times previously reported that in the summer of 2018, Project Veritas
had provided the money to rent a luxurious house in Georgetown, a convenient
base for female operatives going on dates with federal employees at the F.B.I.,
State Department and Justice Department, among other agencies. In September of
2018, Project Veritas released a video as part of a series called “Deep State
Unmasked.”
One of the
documents mentions “Richard,” a likely reference to Richard Seddon, a former
MI6 officer. Mr. Seddon was recruited to join Project Veritas in 2016 by Erik
Prince, the military contractor and brother of Betsy DeVos, who served as
education secretary during the Trump administration.
In 2017, Mr.
Seddon trained Project Veritas operatives at Mr. Prince’s family ranch in
Wyoming, according to training documents and former operatives. He helped
oversee a surge in hiring, often interviewing prospective employees at an
airport in Cody, Wyo., close to the Prince ranch.
Mr. Seddon, who
lives in Wyoming, left Project Veritas in mid-2018 to conduct his own political
spying operations in Wyoming and Colorado against Democrats and
Republicans who were considered insufficiently loyal to Mr. Trump. That
operation was funded at least in part by Susan Gore, a wealthy conservative and
an heiress to the Gore-Tex fortune, according to people familiar with her role.
(Ms. Gore has publicly denied funding the operation.)
She is the
founder of a conservative organization called the Pillar of Law Institute, of
which Mr. Barr, the Project Veritas lawyer, is president.
In another legal
document, one about attending campaign events where the Secret Service vets
attendees, the group was told its operatives could not use phony names or false
pretenses.
“I believe going
backstage or to closed events that require identification to the Secret Service
is an invitation for a 1001 charge,” the memo said, referring to the federal
law against lying to government officials, adding that in some cases, the group
might be able to prevail in court using a First Amendment challenge.
The memo warned
the Project Veritas employee: “I do not expect getting as close to the line as
you suggest, broadly speaking, is a good opportunity for a test case.”
Mr. O’Keefe likes
to describe himself as a crusading journalist exposing wrongdoing, targeting
liberal groups and Democratic politicians. He has boasted on social media that
he is building the “next great intelligence agency.”
Mr. O’Keefe’s
operatives use fake identities and secret recordings to ensnare unsuspecting
targets.
In the legal
documents, Mr. Barr repeatedly refers to Project Veritas employees as
“operatives” or “agents,” as well as “journalists.”
In 2017, Project
Veritas began airing undercover footage of Times employees in a series called
“American Pravda.” In one case, a Times editor in London was secretly recorded
by two operatives who were identified by a former Project Veritas employee as
James Artherton and Thor Holt. Mr. Holt did not respond to a request for
comment and Mr. Artherton could not be located.
The documents
show that Project Veritas had sought legal advice from a lawyer in London about
conducting an undercover investigation using “covert recording of audio and
video.”
The lawyer said
there was “no problem” using a fake name and said the proposed operation would,
“most likely, be lawful in England and Wales.”
The Times
provided copies of some of the legal memos to Bill Grueskin, a professor at the
Columbia Journalism School and former deputy managing editor of The Wall Street
Journal and executive editor at Bloomberg News.
Mr. Grueskin, who
has written about Project Veritas, said that some of Mr. Barr’s memos provided
“pretty good advice,” particularly about when it is permitted to record phone
conversations and other tactical recommendations.
He said that the
undercover nature of Project Veritas’s work was more problematic.
“It opens you up
to the charge that you’ve been intentionally deceptive and you lose your moral
standing,” Mr. Grueskin said. “Every newsroom I’ve ever worked in has basically
said undercover journalism was unacceptable. I’ve never had a reporter tell me
he wanted to pose as somebody they were not.”
In 2010, Mr. O’
Keefe and three others pleaded guilty to a federal misdemeanor after
admitting they had entered a government building in New Orleans under false
pretenses as part of a sting operation.
In 2016, a
Project Veritas operative infiltrated Democracy Partners, a political
consulting firm, using a fake name and fabricated résumé, and made secret
recordings of the staff. In his book, “American Pravda: My Fight for Truth in
the Era of Fake News,” Mr. O’Keefe said the operative was “literally living out
her character in America’s capital city much as Americans overseas did in
Moscow during the Cold War.”
Democracy
Partners later sued Project Veritas. In a ruling last month, a U.S.
District Court judge said that Democracy Partners could refer to Project
Veritas’s conduct as a “political spying operation” in the upcoming trial.
Michael S.
Schmidt contributed reporting.