Incident Details
- Date of Incident
- January 14, 2021
- Legal Orders
-
-
warrant
for
communications or work product
- Jan. 14, 2021: Pending
- Unknown date: Carried out
-
warrant
for
communications or work product
- Legal Order Target
- Third-party: Microsoft (tech company)
- Legal Order Venue
- Federal
Subpoena/Legal Order
The U.S. Justice Department issued a secret warrant on Jan. 14, 2021, to Microsoft to obtain emails and contacts of former Project Veritas journalists Eric Cochran and Spencer Meads as part of its investigation of a diary stolen from President Joe Biden’s daughter, Ashley Biden.
The warrant was one of five issued to the technology company for communications of eight journalists from Project Veritas, which is known for hidden-camera sting operations of liberal politicians and nonprofits. As a result of the warrants, the government collected nearly 200,000 emails and other files, attorneys for Project Veritas said in a court filing.
Project Veritas, which identifies itself as a nonprofit investigative outlet, purchased the diary in September 2020 from two people who later pleaded guilty to conspiring to transport stolen materials, a felony. Project Veritas never published the diary and gave it to police on Nov. 8, 2020.
Search warrants were carried out at the homes of founder James O’Keefe and journalists Cochran and Meads in November 2021, alarming free speech advocates. A special master was appointed to determine what seized information could be shared with prosecutors.
The warrant for Cochran’s and Meads’ emails indicated that officials were investigating the charges of conspiracy to transport stolen property across state lines, conspiracy to possess stolen goods, interstate transportation of stolen property and possession of stolen goods.
A judge ordered that the warrant be sealed for two years. Microsoft threatened to sue to make the warrant public; the Justice Department then lifted the gag order and Microsoft alerted Project Veritas on March 11, 2022, according to the New York Times and court filings.
Although Project Veritas received the diary in September 2020, the warrant seeks Cochran’s and Meads’ emails and contacts beginning in January 2020. A separate warrant sought emails and contacts from O’Keefe.
“The fact that the government secretly obtained emails from three different Project Veritas journalists dating from eight months prior to the newsgathering conduct that the government is scrutinizing shocks the conscience,” Project Veritas lawyers wrote in a request for preliminary relief to U.S. District Judge Analisa Torres. It does not appear from court records that the court ruled on this request.
The warrant sought all emails, contacts and subscriber information. Prosecutors said in the warrant that they were looking for information mentioning Ashley Biden, her associates or her father; anything regarding her stolen property and where it was located; their alleged co-conspirators; plans to sell the stolen items and the value of them; surveillance of Ashley Biden; and any other evidence of a conspiracy.
The various orders and subpoenas also sought emails and contacts from a human resources manager.
Attorneys for Cochran and Meads didn’t immediately respond to emails seeking comment.
The Justice Department also issued a subpoena to Uber on Feb. 18, 2021, to provide information from Cochran’s and Meads’ accounts, as well as Project Veritas’ accounts. Uber provided the information on March 22, 2021. The non-disclosure order was lifted a year later, and Uber notified Cochran, Meads and Project Veritas on March 15, 2022.
It’s not clear what information was requested or provided, but Uber has outlined what information it will give to authorities; in general, a subpoena is required for account information, a court order is needed for trip information and a search warrant for GPS information.
The U.S. Press Freedom Tracker catalogues press freedom violations in the United States. Email tips to [email protected].