Project Veritas is under investigation by the Justice Department for its possible involvement in the theft of a diary belonging to President Biden’s daughter, Ashley. In its coverage of the investigation, The Times published an article on Nov. 11 that quoted memos prepared by lawyers for Project Veritas that commented on methods for the group to practice its style of reporting without breaking federal law. The memos predate, by several years, the libel case against The Times.
The Project Veritas leader, the provocateur James O’Keefe, has used false identities and surreptitious cameras to create videos aimed at embarrassing liberals, labor groups, news outlets and Democratic politicians.
After the article was published, Project Veritas filed a motion with the court, arguing that The Times had breached its right to attorney-client privilege by disseminating the memos. The group also accused the paper of trying to embarrass a litigation opponent.
In his clarification on Tuesday, Justice Wood wrote that last month’s order did not bar The Times “from receiving attorney-client privileged material” from anyone whom Project Veritas authorized to waive privilege or from publishing “such information and material” it had obtained that way. He also specified that The Times could publish such material if it became publicly available independent of Times action. The clarification also made clear that The Times was free to interview Project Veritas lawyers.
A lawyer for Project Veritas did not immediately reply to a request for comment. In a brief filed on Dec. 1, lawyers for the group argued that The Times was “dressing up its arguments in First Amendment” law.