Why Project Veritas’ Claim Of Mistreatment By FBI Is Likely… Game Over.

The FBI has now effectively sworn in open federal court (at electronic page 5; main document page 1), in addition to swearing in secret pre-grand jury indictment proceedings, that the cell phones of James O’Keefe contain evidence of receiving knowingly stolen property — and then at least trying to facilitate the resale of it, if not profit from the sale, directly. All of those things, if the value discussed was over $5,000 — are felonies. See, 18 USC § 2315, et seq.. Felonies still under active investigation.

So — since the FBI’s investigation is still pre-indictment, it has a long standing presumption of protectible secrecy / non-disclosure, in the search warrant materials, affidavits and all.

Here is that bit, from last night’s government brief:

…There is no common law right of access to the Materials at this pre-indictment stage of an ongoing grand jury investigation. As noted, the November 5, 2021 search warrant was executed at the pre-indictment stage of an ongoing investigation. The factual circumstances here — in the context of an ongoing investigation in which no public charges have been filed — were expressly distinguished by the Second Circuit in recognizing a right of access at a post-indictment stage of a criminal case. See In re Newsday, Inc., 895 F.2d at 78 (distinguishing its holding from a Ninth Circuit opinion on the right of access to search warrant in the context of an ongoing investigation). Where, as here, a criminal investigation remains ongoing there is simply no common law right of access to Rule 41 search warrant applications. Indeed, “[t]he nature of the allegations and the pending grand jury investigation all favor this result.” In Search Warrant Executed Feb. 1, 1995, 1995 WL 406276, at *3. Further, at this pre-indictment stage of a grand jury investigation, “there is no tradition of public access to the names of unindicted third-parties and to specific personal identifying information where disclosure of this information is sought by the public….”

[P]rotection of an ongoing criminal investigation weighs heavily against any potential right of access. The details of a Government investigation are not fair game for public consumption every time a search warrant is executed and the subject of that search warrant voluntarily discloses the existence of the warrant itself and makes a related statement. Were that the case, many grand jury investigations would be impeded by the self-serving actions of subjects [like O’Keefe, and Project Veritas] eager to gain premature access to the details of secret grand jury investigations for their own benefit….

It now seems certain that O’Keefe is lying about why the FBI came calling. This is not the stifling of real journalists. This is an investigation of allegedly felonious fences. Plain vanilla crime stories, now.

Onward — and, grinning ear to ear — as we will keep you informed. [Unlike my counterpart depicted above right, offering only political talking points at his property, even though, in 2017, he documented other criminal misdeeds by O’Keefe. Charming.]