DOJ Reviews Felony Charges Against Journalists Over Election Sting
Justice Department examines state-level charges against James O’Keefe and Cam Higby over their undercover election investigation.
3 min read
The U.S. Department of Justice (DOJ) is reviewing felony charges against journalists James O’Keefe and Cam Higby, who were recently charged by Minnesota prosecutors over their undercover election sting operation. The case has raised concerns about potential retaliation against constitutionally protected investigative journalism.
State Charges and DOJ Concerns
O’Keefe and Higby were charged with felony unlawful voting by Minnesota prosecutors on Wednesday. Hennepin County Attorney Mary Moriarty also announced that both men were charged with identity theft. When asked whether the DOJ would review the state-level prosecution for potential retaliation, a DOJ spokesperson said the department was ‘concerned’ about ‘intimidation’ related to First Amendment activity.
Minnesota charged me with two felonies over this investigation. The prosecutor says it’s "pretty clear" we didn’t intend to vote. So judge for yourself. The whole thing, start to finish ↓ https://t.co/pPvqOxU53y
‘We are aware of the county prosecutor’s charges and are reviewing the police report, video, and other available material. We are of course concerned about intimidation related to First Amendment activity,’ the spokesperson wrote. The spokesperson added that the department could not comment further.
Undercover Election Operation
In August, O’Keefe released a video showing himself and Higby entering Minneapolis polling locations during the state’s primary election while wearing Islamic garb and using hidden cameras to record their interactions. Prosecutors allege that O’Keefe and Higby violated a state law prohibiting individuals from attempting to obtain a ballot by impersonating a registered voter.
The felony charges carry potential prison sentences of up to five years. During the undercover operation, O’Keefe allegedly used fake accents when speaking with poll workers, while he and Higby made references to Muslim culture. Higby also wore black clothing that concealed his face and head.
James Edward O’Keefe, 42, and Cam Higby, 26, both face felony charges of unlawful voting and identity theft. Polling places are the heart of our democracy. Any attempt to disrupt or deceive our election workers will not be tolerated. Watch: https://t.co/LH1Q5m224J https://t.co/NMPizpONcN
Moriarty, a prosecutor elected in 2022, said the charges were not motivated by the pair’s political views or by whether their behavior and disguises were perceived as offensive or derogatory. In a Wednesday press release, Moriarty alleged O’Keefe and Higby ‘intentionally misrepresented their identities in applying for ballots.’
Legal and Political Context
Moriarty pointed to a video O’Keefe posted that documented the interactions with poll workers. The video showed the pair discussing their intent to draw attention to Minnesota’s voter-vouching law, according to criminal complaints the Daily Caller reviewed. Neither complaint alleges either man actually cast a ballot.
Minnesota law allows registered voters to vouch for the residency of up to eight other individuals who recently moved, allowing them to vote in precincts where they have not yet registered. Moriarty has faced criticism over her handling of violent-crime cases, particularly her 2023 plea deals for two teenage brothers charged in the murder of Zaria McKeever.
I’m not a “conservative influencer” I’m an American Journalist. I’m fighting for your 1st amendment rights to report at @NBCNews in this case, as much as I am our own.
The proposed deals, which included roughly two years in a juvenile correctional facility followed by probation, drew objections from McKeever’s family and Democratic Minnesota Attorney General Keith Ellison, who called the proposed outcomes disproportionate, according to MPR News and the Associated Press reports. After Moriarty declined to transfer the case, Democrat Minnesota Gov. Tim Walz invoked a rarely used authority in April 2023 to move it to Ellison’s office without her consent, prompting Moriarty to call the intervention undemocratic.
Moriarty later announced in August 2025 that she would not seek reelection, saying she wanted to focus on her remaining time in office rather than campaigning.
Source: Daily Caller
