STATEMENT:
James O'Keefe on Felony Charges
for Exposing Fraud in Minnesota
Minnesota charged both myself and fellow journalist Cam Higby with two felony counts in retaliation for our bombshell investigative report on voter vouching laws that we did back in August.
We stand by our reporting.
The charges are an attempt to criminalize investigative journalism. The charges are an attempt to distract from what our reporting exposed as insecure elections in Minnesota. Now, this has become a landmark 1st Amendment case where everyone's right to speak truth to power has just been put on the line.
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Hennepin County Attorney Mary Moriarty led a press conference regarding these charges.
“Today we are charging two individuals, James O'Keefe and Cameron Higby, with felony counts of unlawful voting and identity theft.” — Moriarty
She also said that Cam and I could do some local jail time for our investigative reporting. We received a charging document that lists two felony counts:
Count I: Identity Theft, knowingly misrepresented his identity in applying for a voting ballot.
Count II: Unlawful Voting, knowingly misrepresented his identity in applying for a voting ballot.
Two counts with the exact same justification beneath each count.
In our report, we clearly stopped and walked out of the polling places to avoid even touching a voting ballot. Moriarty even said it herself. She admitted that my and Higby's intent was to act as investigative reporters.
“A group of people were attempting to cast doubt on the state's vouching system. I think it's pretty clear they did not intend to vote.” — Moriarty
They admit we didn't vote. They charged us anyway.
Moriarty also said there is no such thing as undercover journalism when looking into election loopholes.
“If you identify as a journalist, there is no such thing as undercover investigation in the polling place. You have to identify yourself as a journalist in the polling place, which they did not.” — Moriarty
Moriarty is wrong as a matter of constitutional law. The 1st Amendment allows reporters to show up on Election Day and ask questions at polling booths.
But don't take my word for it. In 2012, former Attorney General of the United States Eric Holder went under oath in Washington, D.C. discussing an almost identical investigation asking if the polling official has Eric Holder's ballot at a precinct on primary day there.
“What I drew from that video was that [O'Keefe] was very careful not to say that he was Eric Holder, not to actually get a ballot. He didn't do the kinds of things that would have subjected him to criminal prosecution.” — Eric Holder
Our defense is the shield of the 1st Amendment to hold government accountable to the people.
We didn't apply for a ballot; we were there talking to election clerks, posing hypotheticals, and getting answers so that Americans could know what was happening in the elections. Many people in the United States did not even know about vouching for eight, and this investigative report educated them.
We conducted training and specifically told each journalist never to sign an affidavit, never to procure a ballot, never to even touch a ballot. Moriarty admitted that we stopped short of signing any oath or carrying out any fraud.
“Both men stopped short of signing the oath we all sign before receiving our ballot.” — Moriarty
So what exactly are we being prosecuted for? Make no mistake, this is about prosecuting the press.
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This isn't the first time. In New Orleans, they falsely accused me of a felony and later admitted there was no felony. When the FBI stormed my home, the ACLU filed amicus and the Reporters Committee for Freedom of the Press came to my defense. I won a reversal in the Ninth Circuit, a partial victory in the 1st Circuit, and a directed verdict in Teter v. O'Keefe. Last month we overturned a jury verdict against me in the D.C. Circuit, creating what is now called the “O'Keefe Principle” for undercover journalism.
And the thing about me is: I never settle.
There is nothing as sweet as justice, and there is nothing as motivating as injustice. In this case, they have put your right to speak on the line. Everything we believe in as Americans has been put on the line.
I'm summoned to appear before the Hennepin County judge on Monday, Nov. 16th. I'm calling on all Americans to stand with us for the right to freedom of speech, and to send a message to the prosecutors in Minnesota that the politics of fear will not prevail in the United States of America.
Thank you for everything you do.
James O'Keefe
Founder, O'Keefe Media Group
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