Judge Rules Newspaper Must Turn Over Confidential Memos

Decision: New York Times can't publish project Veritas legal memos
By Newser Editors and Wire Services
Posted Dec 25, 2021 2:15 PM CST
Judge Rules Against Paper on Project Veritas Files
The publisher of the New York Times called the judge's ruling an attack on freedom of the press.   (AP Photo/Mark Lennihan, File)

(Newser) – A New York judge has upheld an order preventing the New York Times from publishing documents between conservative group Project Veritas and its lawyer and ruled that the newspaper must immediately relinquish confidential legal memos it obtained. The decision Thursday by state Supreme Court Justice Charles Wood in Westchester County, released Friday, comes in a defamation lawsuit Project Veritas filed against the Times in 2020, the AP reports. Months after the suit was filed, the newspaper reported that the US Justice Department was investigating Project Veritas in connection with the theft of a diary belonging to Ashley Biden, the president's daughter.

In that story, the Times quoted the memos, leading Project Veritas to accuse the newspaper of violating attorney-client privilege. Wood upheld his earlier order preventing the Times from further publishing the memos and also ruled that the newspaper must turn over physical copies of the documents and destroy electronic versions. The newspaper reported it would appeal the ruling and seek a stay in the meantime. Publisher A.G. Sulzberger decried the ruling as an attack of press freedoms and alarming for "anyone concerned about the dangers of government overreach into what the public can and cannot know." He also said it risked exposing sources.

Project Veritas bills itself as a watchdog, often of media. It's known for using hidden cameras and hiding identities to try to ensnare journalists in embarrassing conversations and to reveal supposed liberal bias. In a statement Friday, Project Veritas lawyer Elizabeth Locke hailed the ruling as "a victory for the First Amendment for all journalists and affirms the sanctity of the attorney-client relationship." News organizations, including the AP, supported the Times and asked the court not to impose what they called an unconstitutional prior restraint on speech in a friend of the court brief filed last month by the Reporters Committee for Freedom of the Press.

(Read more Project Veritas stories.)

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