For years, Democrats — especially “mainstream” (left-wing) reporters — have pretended President Trump persecutes the press. Their current silence is deafening after Democratic Hennepin County Attorney Mary Moriarty just brought bogus and stunning felony charges against two conservative journalists, Cam Higby and James O’Keefe, for having the audacity to expose Minnesota’s woefully lax voter security protocols. In other words, Moriarty illegally charged two reporters for doing their jobs.
Moriarty’s illegal felony charges against disfavored reporters for non-crimes crossed a glaring red line, and the Trump Justice Department must immediately and publicly open a civil rights criminal case against Moriarty and others for conspiring to violate and violating Higby and O’Keefe’s First Amendment constitutional rights, under 18 U.S.C. §§ 241 and 242. If the evidence is there, which it seems obvious, Moriarty must face federal charges immediately. Anything short of this turns a blind eye to an extraordinarily dangerous open season on America’s free press.
Every illegal vote, as a matter of basic arithmetic, disenfranchises a legal voter. Election integrity requires public confidence in the system’s security. Tina Peters faced nearly a decade in prison for revealing serious election flaws in Colorado until Democratic Gov. Jared Polis courageously commuted her sentence. Following Peters’ lead, Higby and O’Keefe set out to test Minnesota’s voting system for weaknesses. Higby wore a burqa and posed as a registered voter. He also vouched for a companion he said was registered as well. He filmed the exchange with poll workers to show his online audience just how vulnerable the system really is.
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The video shows that Higby never had to present photo identification. His word alone cleared his companion, who also produced no ID. To be clear, neither cast a ballot. The exercise simply aimed to demonstrate, as Higby certainly did, how easily someone can manipulate Minnesota’s elections.
The state’s U.S. Senate race between Republican Michele Tafoya and far-left Democrat Peggy Flanagan is tightening. The stakes are high: The race could decide control of the Senate chamber. Only lawful voters should cast ballots, and the law limits federal elections to American citizens.
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What Higby and O’Keefe did was vintage investigative journalism, not voter fraud. The First Amendment guarantees a free press to protect this precise kind of work. If prosecutors can punish undercover journalism with felony charges, oversight by the Fourth Estate will dramatically diminish. Fear of prosecution and prison will chill would-be investigators whenever the powers-that-be dislike a story, such as one revealing insecure ballot safeguards.
But Moriarty, a Democrat lawfare crusader, does not care about any of this. She only cares about getting plaudits from top Democrat brass — and power — at any and all costs, including imprisoning reporters.
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Moriarty applies the law selectively. The case of Turning Point USA activist Savannah Hernandez proves it. Three agitators assaulted Hernandez in front of numerous witnesses and cameras captured the attack. Moriarty pursued only misdemeanor charges — a slap on the hand. Fortunately, federal prosecutors stepped in and filed felony charges against the three alleged attackers. Yet Moriarty now seeks to convict Higby and O’Keefe of serious crimes, though they attacked no one and neither voted illegally nor actually attempted to vote in the first place.
Moriarty’s lawfare demands a federal response. Federal law, specifically 18 U.S.C. § 242, makes it a crime to willfully deprive anyone of constitutional rights under color of law. And 18 U.S.C. § 241 makes it a crime to conspire with others to do the same. Moriarty should go after fraudsters at the ballot box and those behind billions in bogus claims against Medicaid. Instead, she is hounding two journalists for doing their jobs: showing the public how dismal Minnesota’s election protections are.
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Higby and O’Keefe should not face criminal charges. But Moriarty and her co-conspirators must. Indicting them would send a resounding message to Soros-backed and other leftist district attorneys across the nation: Lawfare will carry dire legal consequences. Prosecutors must meet the highest standards. After all, as the left intoned during the anti-Trump lawfare years, no one is above the law.