A federal judge in the Southern District of New York ordered the release of the Ashley Biden Diary criminal investigation affidavit and search warrant materials related to the FBI’s raid on James O’Keefe’s newsroom. However, nearly every word of the probable cause section has been redacted. Page 43 of the affidavit states, “probable cause justifying search of the person and subject premises,” but the justification itself is entirely redacted Instead, the only visible footnote states, “Based upon my training and experience, I have learned amongst other things that cell phones are capable of sending emails.” O’Keefe calls this absurd, questioning how such a vague statement could justify a raid on a newsroom. He argues, “If you’re going to take the extraordinary step of using violence against people and going through their notebooks, you need to know the reason.”

The affidavit also includes documentation of O’Keefe being forced to unlock his phone for law enforcement, stating, “Law enforcement personnel are authorized to obtain from James O’Keefe the display of biometric characteristics.” O’Keefe likens this to “a clockwork orange” scenario, describing it as an invasive tactic used against journalists with confidential sources. 

The document lists alleged crimes such as “conspiracy to transport across state lines, interstate transportation of property, possession of stolen goods, aiding and abetting, accessory after the fact, and misprision of a felony.” Yet, O’Keefe argues that he “never even spoke with these sources” or “emailed them,” questioning the basis of these accusations. Throughout the affidavit, the government redacted even seemingly irrelevant details, such as O’Keefe’s date of birth,” to which O’Keefe remarked “Wikipedia shows when I was born. I don’t know why they need to redact the year I was born.” Calling the level of secrecy “a national disgrace,” O’Keefe asserts that the excessive redactions serve to protect prosecutors from scrutiny, stating, “The judge, Annalisa Torres, has the power to unredact this,” and vows legal action.