First Amendment Struck Down In Case Surrounding Biden’s Daughter’s Diary

 December 27, 2023

A landmark ruling in a high-profile case has shaken the foundations of press freedom and legal precedent.

A U.S. District Judge has determined that documents linked to the alleged theft of Ashley Biden's diary are to be handed over to criminal prosecutors.

Judge Analisa Torres of the Manhattan District Court issued a decision that concludes a heated dispute concerning the confiscation of electronic devices from members of Project Veritas. This conservative organization, recognized for its covert operations, confronts a substantial legal challenge as it hands over more than 900 documents to investigators. This action occurs despite their firm defense, invoking First Amendment rights usually granted to journalistic endeavors.

Judge's Decision Amid First Amendment Debates

The court's decision stems from a November 2021 raid targeting the group's founder, James O’Keefe. O'Keefe's two phones were among the various items confiscated, raising alarm over potential press freedom infringements. Rejecting the group's defense, Judge Torres leaned on established Supreme Court precedent, indicating the First Amendment arguments by Project Veritas did not hold under scrutiny.

The legal counsel for Project Veritas had posited that the government's probe aimed to suppress journalistic probing into the President's family, an assertion the court has now refuted. Aimee Harris and Robert Kurlander, who admitted to stealing the diary and personal effects of the President's daughter, attempted to sell these items to the Trump campaign before ultimately surrendering them to the FBI.

This detail adds a layer of political intrigue to an already convoluted case. Despite their guilty pleas, Project Veritas has not faced charges, yet the organization and individuals caught in the raid remain under investigation. Lawyers for Project Veritas and O'Keefe said:

"It is impossible to imagine the government investigating an abandoned diary (or perhaps the other belongings left behind with it), had the diary not been written by someone with the last name ‘Biden.'"

Fallout and Resignations Within Project Veritas

In a twist that points to internal turmoil, Hannah Giles, CEO of Project Veritas, resigned over what she described as "evidence of past illegality and post-financial improprieties." Her departure signifies a potential recognition of wrongdoing within the organization, though Project Veritas maintains that its actions were ethical and part of legitimate newsgathering efforts. Giles's findings were reportedly shared with law enforcement, further complicating the narrative for the group.

The saga traces back to an incident in Delray Beach, Florida, where Ashley Biden's belongings were stored at a friend's house. The theft and ensuing attempts to monetize the stolen items have sparked a complex legal battle implicating Project Veritas, even as the group insists on the legality of its operations. The Trump campaign's involvement, albeit tangentially through the advice to turn the items over to the FBI, reflects the politicized dimensions of this case.

“As for the continued investigation, the government isn’t seeking any prison time for either defendant who claims to have stolen the Ashley Biden diary, which speaks volumes in our minds,” remarked Jeffrey Lichtman, representing Project Veritas.

Implications for Freedom of the Press

The decision by the U.S. District Judge sends ripples through the journalism community, raising questions about the boundaries of investigative reporting. Project Veritas, a group that has stirred controversy for its confrontational tactics, now faces a stark examination of its methods. The overarching theme is a balance between press freedom and the legality of newsgathering practices, a debate this case has pushed to the forefront.

Political layers to the case are undeniable, with the involvement of the Trump campaign, albeit indirectly, and the focus on President Biden's family. This political charge ensures that the case's developments are closely watched from all sides of the political spectrum. The conservative group's future and the precedent this case may set will likely influence how investigative journalism is conducted and perceived.

The narrative also involves the broader ethical considerations of journalism, as Project Veritas' payment for the allegedly stolen diary and other items raises questions about what constitutes ethical news gathering. The organization's defense rests on the claim that its actions were within the scope of ethical journalism, a stance now challenged by the court's ruling.


The court's decision to release documents associated with the theft of Ashley Biden's diary to prosecutors marks a significant moment in the intersection of law and journalistic practice.

  • A U.S. District Judge ruled against Project Veritas' First Amendment claim.
  • Over 900 documents from the 2021 raids will be handed to investigators.
  • Project Veritas leaders and members are under investigation, although no charges have been filed against the organization.
  • The CEO of Project Veritas resigned, citing evidence of past illegal activities.
  • The case highlights the tension between press freedom and legal boundaries in investigative journalism.

About Aileen Barro

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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