Criminal investigation into James O’Keefe over Ashley Biden diary dropped by DOJ

The Department of Justice has dropped its investigation into journalist James O’Keefe regarding the Ashley Biden diary case, concluding the probe without additional criminal charges.

O’Keefe announced the development, citing a letter from the US Attorney’s Office for the Southern District of New York (SDNY) to Judge Analisa Torres. The letter stated that the grand jury investigation tied to the case was now closed.

“The U.S. Attorney’s Office has officially closed its investigation into the FBI raid related to the Ashley Biden diary case,” O’Keefe posted on X.

The case stems from a November 2021 FBI raid on O’Keefe’s home after he obtained a diary allegedly belonging to Ashley Biden. O’Keefe, with the backing of ACLU attorneys Brian Hauss and Brett Kaufman, had been fighting to unseal the search warrant materials related to the raid. O'Keefe said that the diary was turned over to him by a woman who said she occupied a room formerly occupied by Biden's daughter who had left behind a duffle bag with the diary inside of it. O'Keefe did not publish the diary.

The letter submitted to Judge Torress stated that the government has “no objection to unsealing the Search Warrant Materials with redactions to protect third party privacy and law enforcement interests." These materials include “the search warrant application, supporting affidavit, return, and any other judicial documents filed in connection with the November 5, 2021 search warrant.” 

O’Keefe’s criminal defense attorney Jeffrey Lichtman highlighted the rare nature of unsealing a search warrant and affidavit, stating he has only seen it "ten times in probably thirty plus years.”

Once the court approves redactions, the materials will be made public. Depending on their contents, O’Keefe may consider legal action against the DOJ, arguing the raid violated his First Amendment rights.