Hennepin County Attorney Faces Calls for Federal Civil Rights Probe Over Charges Against Journalists

Hennepin County Attorney Mary Moriarty is facing calls for a federal civil rights investigation after her office filed felony charges against two journalists, Cam Higby and James O'Keefe. The charges stem from an undercover operation where Higby and O'Keefe exposed alleged vulnerabilities in Minnesota's voter security protocols.

Moriarty has been accused of targeting the journalists for their work, with critics asserting that the charges are baseless and an overreach of prosecutorial power. Mike Davis, founder and president of the Article III Project, argues that Moriarty has crossed a "glaring red line" and that the U.S. Department of Justice should immediately open a civil rights criminal case against her and others involved, citing violations of the First Amendment under 18 U.S.C. §§ 241 and 242.

The journalists' operation involved Higby posing as a registered voter and filming interactions with poll workers to demonstrate how easily the system could be manipulated. According to reports, Higby was not required to present photo identification, and his word alone cleared a companion who also produced no ID. Neither journalist cast a ballot, but the exercise was intended to highlight perceived weaknesses in election security.

Davis contends that this type of undercover journalism is protected under the First Amendment and that prosecutors should not be able to punish such investigations with felony charges. He draws a comparison to the case of Tina Peters, who faced nearly a decade in prison for revealing election flaws in Colorado before her sentence was commuted. Davis suggests that Moriarty's actions are politically motivated, aimed at appeasing Democratic leadership rather than upholding justice.

Further fueling the criticism is Moriarty's handling of a separate incident involving Turning Point USA activist Savannah Hernandez, who was allegedly assaulted. Critics claim Moriarty pursued only misdemeanor charges in that case, while federal prosecutors later filed felony charges. This, they argue, demonstrates a selective application of the law, prosecuting journalists for exposing alleged election flaws more severely than those who allegedly committed assault.

Davis asserts that Moriarty should focus on prosecuting individuals engaging in voter fraud and addressing issues like billions in bogus claims against Medicaid, rather than pursuing journalists. He believes that indicting Moriarty and others involved would send a strong message to progressive prosecutors nationwide that "lawfare will carry dire legal consequences."