The Justice Department is reviewing the felony charges against journalists James O'Keefe and Cam Higby over their undercover election sting in Minnesota.
O'Keefe and Higby were charged Wednesday with felony unlawful voting by Minnesota prosecutors. Hennepin County Attorney Mary Moriarty also announced the state was charging both men with identity theft. (RELATED: Minnesota Prosecutor Slaps James O'Keefe, Cam Higby With Felony Charges After They Expose Election Security Loopholes)
When asked whether the Department of Justice (DOJ) would review the state-level prosecution for potential retaliation against constitutionally protected investigative journalism, a DOJ spokesperson told the Daily Caller the department was 'concerned' about 'intimidation' related to First Amendment activity.
Minnesota charged me with two felonies over this investigation.
— James O'Keefe (@JamesOKeefeIII) October 29, 2026
The prosecutor says it's "pretty clear" we didn't intend to vote.
So judge for yourself. The whole thing, start to finish ↓ pic.twitter.com/pPvqOxU53y
"We are aware of the county prosecutor's charges and are reviewing the police report, video, and other available material. We are of course concerned about intimidation related to First Amendment activity," the spokesperson wrote.
The spokesperson added that the department could not comment further.
In August, O'Keefe released a video showing himself and Higby entering Minneapolis polling locations during the state's primary election while wearing Islamic garb and using hidden cameras to record their interactions.
Prosecutors allege O'Keefe and Higby violated a state law prohibiting individuals from attempting to obtain a ballot by impersonating a registered voter.
The felony charges carry potential prison sentences of up to five years. (RELATED: EXCLUSIVE: ICE Reveals Fresh Lineup Of Foreign Nationals Accused Of Voter Fraud)
During the undercover operation, O'Keefe allegedly used fake accents when speaking with poll workers, while he and Higby made references to Muslim culture. Higby also wore black clothing that concealed his face and head.
James Edward O’Keefe, 42, and Cam Higby, 26, both face felony charges of unlawful voting and identity theft.
— Hennepin County Attorney Mary Moriarty (@HennepinAtty) October 28, 2026
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 pic.twitter.com/NMPizpONcN
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 Wednesday press release, Moriarty alleged O'Keefe and Higby "intentionally misrepresented their identities in applying for ballots."
Moriarty pointed to a video O'Keefe posted that documented the interactions with poll workers. The video showed the pair discussing their intent to draw attention to Minnesota's voter-vouching law, according to criminal complaints the Daily Caller reviewed.
Neither complaint alleges either man actually cast a ballot.
Minnesota law allows registered voters to vouch for the residency of up to eight other individuals who recently moved, allowing them to vote in precincts where they have not yet registered.
Moriarty has faced criticism over her handling of violent-crime cases, particularly her 2023 plea deals for two teenage brothers charged in the murder of Zaria McKeever. (RELATED: EXCLUSIVE: ICE Drops New Batch Of Illegal Immigrants Accused Of Voter Fraud Ahead Of Midterms)
The proposed deals, which included roughly two years in a juvenile correctional facility followed by probation, drew objections from McKeever's family and Democratic Minnesota Attorney General Keith Ellison, who called the proposed outcomes disproportionate, according to MPR News and the Associated Press reports.
I’m not a “conservative influencer” I’m an American Journalist.
— James O'Keefe (@JamesOKeefeIII) October 30, 2026
I’m fighting for your 1st amendment rights to report at @NBCNews in this case, as much as I am our own. https://t.co/hzUsW2SveS
After Moriarty declined to transfer the case, Democrat Minnesota Gov. Tim Walz invoked a rarely used authority in April 2023 to move it to Ellison's office without her consent, prompting Moriarty to call the intervention undemocratic.
Moriarty later announced in August 2025 that she would not seek reelection, saying she wanted to focus on her remaining time in office rather than campaigning.
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