James O’Keefe pushes back against felony charges over undercover investigation of Minnesota elections

Conservative activist James O’Keefe says he did nothing illegal when he and another journalist tested Minnesota’s election vouching law in an undercover video that led to felony charges.

O’Keefe, 42, and Cam Higby, 26, face charges of unlawful voting and identity theft in relation to an undercover operation during the Minnesota primary election on Aug. 11. The two are scheduled to make their first court appearance in Hennepin County District Court on Nov. 16, Fox 9 reported.

The conservative activist and CEO of the O’Keefe Media Group pushed back against the charges in a video posted on his social media channel.

"Minnesota has just charged both myself and fellow journalist Cam Higby with two felony counts in retaliation for our bombshell investigative report on voter vouching laws that we did," O’Keefe stated. 

The activist and guerrilla journalist called the situation a "landmark First Amendment case where everyone's right to speak truth to power has just been put on the line."

The O’Keefe Media Group did not immediately respond to The Christian Post’s request for comment. This article will be updated if a response is received. 

Higby and O’Keefe posted footage of themselves attempting to test Minnesota’s election vouching system during the state’s primary election. Minnesota allows a registered voter to go with someone to a polling place and sign an oath confirming that person’s residence in the precinct, a practice known as “vouching.”

The video shows the pair donning what they referred to as Muslim attire and using fake accents to present themselves as local voters attempting to vouch for others. The criminal complaint against O’Keefe and Higby accuses the pair of misrepresenting their identities to election judges by entering multiple polling locations and using the names of registered Minnesota voters in those precincts. Hennepin County Attorney Mary Moriarty claimed the names included those of deceased Minnesotans and of someone who had already voted in the primary.

In his response video, the conservative activist argued that he and Higby didn’t do anything illegal. He added that his team underwent training to ensure they didn’t break any laws. 

"We conducted training and specifically told each journalist never to sign an affidavit, never to procure a ballot, never to apply for a ballot, or even touch a ballot," O'Keefe stated. "We even did exercises, training our reporters to say 'the name is' rather than 'my name is.'"

"We didn't apply for a ballot," he added. "We were there talking to election clerks, posing hypotheticals and getting answers so that Americans could know what was happening in the elections."

Moriarty announced the charges during a press conference on Wednesday. She acknowledged that O’Keefe and Higby might not have signed the oath that people receive before signing a ballot, adding that Minnesota law “states clearly that no individual shall intentionally misrepresent their identity in applying for a ballot.”

“Having entered polling places without legitimate purposes and intentionally misrepresenting their identity to election judges in applying for a ballot, the charges filed today are appropriate to address the conduct of Mr. O'Keefe and Mr. Higbee,” Moriarty stated. 

She also argued that “there is no such thing as undercover investigation in the polling place,” saying O’Keefe and Higby should have identified themselves as journalists at the polling place, which they did not.

The Hennepin county attorney further claimed her office could have been able to charge the case without O’Keefe and Higby publishing the video of their operation online. According to Moriarty, election judges at various precincts observed their “strange behavior.” 

“Free and fair elections are the bedrock of democracy, and their protection is one of our highest priorities,” Moriarty said.