The Justice Department is currently looking into felony charges that have been brought against journalists James O’Keefe and Cam Higby regarding their undercover election investigation in Minnesota.
The two were charged on Wednesday by Minnesota officials with felony unlawful voting. Hennepin County Attorney Mary Moriarty also announced that both men are facing charges of identity theft.
When questioned about whether the Department of Justice (DOJ) would consider the state prosecution as potential retaliation against investigative journalism protected by the Constitution, a DOJ spokesperson expressed concern about intimidation related to First Amendment activities.
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
— James O’Keefe (@JamesOKeefeIII) October 29, 2026
The spokesperson mentioned that they are aware of the charges from the county prosecutor and are reviewing the police reports, video footage, and other materials available. They reiterated concerns over First Amendment intimidation but indicated that further comments could not be made.
In August, O’Keefe posted a video displaying himself and Higby entering polling locations in Minneapolis during the state’s primary election. They wore Islamic dress and used hidden cameras to capture their interactions.
The allegations state that O’Keefe and Higby contravened state laws by trying to obtain ballots under false pretenses as registered voters.
The felony charges could potentially lead to prison sentences of up to five years.
As part of their undercover operation, O’Keefe allegedly employed fake accents while communicating with poll workers and made cultural references. Higby was noted to have worn black clothing that obscured his face and head.
At a recent press conference, Moriarty clarified that the charges weren’t influenced by the suspects’ political beliefs or any perceptions of their disguises being offensive.
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
— Hennepin County Attorney Mary Moriarty (@HennepinAtty) October 28, 2026
In a press release, Moriarty accused the pair of “intentionally misrepresenting their identities to apply for ballots.” She referred to the video posted by O’Keefe that showcased their interactions with poll workers, highlighting that they aimed to expose Minnesota’s voter-vouching law, according to criminal complaints reviewed.
It’s worth noting that neither complaint suggests that either O’Keefe or Higby actually cast a ballot.
Minnesota law permits registered voters to vouch for the residency of up to eight people who have recently moved, allowing them to vote even in precincts where they haven’t registered yet.
Moriarty’s management of violent crime cases has drawn criticism, particularly regarding her 2023 plea deals for two teenage brothers involved in the murder case of Zaria McKeever. The suggested deals included about two years in a juvenile facility followed by probation, which were met with protests from McKeever’s family and the Democratic Attorney General of Minnesota, who deemed the outcomes disproportionate.
Following Moriarty’s refusal to transfer the case, Governor Tim Walz utilized a seldom-used authority in April 2023 to move it to the Attorney General’s office without her approval, which Moriarty then described as undemocratic.
Later, in August 2025, she announced that she would not seek reelection, stating that she preferred to concentrate on her current responsibilities rather than campaigning.
