Opinion: Mike Davis Says Hennepin County's Felony Charges Against Two Conservative Journalists Demand a Federal Civil Rights Case
Davis argues James O'Keefe and Cam Higby did investigative journalism, not voter fraud, and urges the Justice Department to open a case against County Attorney Mary Moriarty.
This is an opinion column by Mike Davis, published by Fox News. The views are the author's.
Davis argues Hennepin County Attorney Mary Moriarty, a Democrat, brought "bogus and stunning felony charges" against Cam Higby and James O'Keefe for exposing weak voter security in Minnesota. Our news story on the charges is on the site.
What he says happened. Higby wore a burqa, posed as a registered voter and vouched for a companion said to be registered. He filmed poll workers to show the system's weakness. Davis says Higby was never asked for photo ID, his word cleared his companion, and neither cast a ballot.
His claim. He calls it "vintage investigative journalism," argues felony charges will chill undercover reporting, and says Moriarty applies the law selectively. He cites the case of Turning Point USA activist Savannah Hernandez, where Moriarty pursued only misdemeanors against three people accused of assaulting her until federal prosecutors filed felonies.
His demand. Davis wants the Justice Department to open a civil rights criminal case against Moriarty and others under 18 U.S.C. sections 241 and 242, saying anything less "turns a blind eye" to a dangerous "open season" on the free press. He ties the stakes to Minnesota's tightening Senate race between Republican Michele Tafoya and Democrat Peggy Flanagan.
Note for readers: this is advocacy. The column does not include a response from Moriarty, and the charges are allegations that have not been tried. Whether the conduct was journalism or a crime is for a court to decide.