The Department of Justice is reviewing unlawful voting and identity theft charges filed against journalists James O’Keefe and Cam Higby following an undercover election sting in Minnesota. The journalists said their operation was designed to expose vulnerabilities in the state’s voting system.

Minnesota prosecutors charged O’Keefe and Higby on Wednesday with felony unlawful voting. The charges came even though neither journalist voted or touched a ballot during the undercover operation.

Hennepin County Attorney Mary Moriarty also said the two journalists were charged with identity theft. Her office’s decision quickly drew scrutiny over what the journalists actually did inside the polling places and whether the prosecution threatens protected journalism.

The Daily Caller reported that an official confirmed the Department of Justice was examining the matter. That review includes the available law enforcement documents and recordings connected to the sting.

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“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.”

That statement places the Department of Justice’s attention squarely on both the charges and the potential treatment of journalism protected by the First Amendment. The review remains focused on the police report, video, and other available material.

Moriarty defended the charges in a video post that has received more than 2 million views. She claimed that O’Keefe and Higby entered polling locations “without legitimate purposes and intentionally misrepresenting their identity” to apply for a ballot.

The post was widely panned online, and Moriarty turned off its comments section. Critics argued that the journalists were exposing weaknesses in the voting system rather than attempting to cast illegal ballots.

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The X account Leftism responded with a lengthy criticism of the prosecution. Its post focused on the distinction between demonstrating a vulnerability and actually attempting to complete an unlawful vote.

“The only reason that you are going after James O'Keefe and Cam Higby is because they exposed the flaws in your voting system. They didn't vote, attempt to actually vote, or even intend to vote. The whole premise of their video was to prove that one can easily hide their identity, not provide any proof of identity, pretend to be someone else, and vote with no issues due to how messed up your system is. Unlawful voting and identity theft would only apply if they actually went ahead with voting or intended to vote and got stopped before doing so.”

The only reason that you are going after James O'Keefe and Cam Higby is because they exposed the flaws in your voting system. They didn't vote, attempt to actually vote, or even intend to vote. The whole premise of their video was to prove that one can easily hide their identity, not provide any proof of identity, pretend to be someone else, and vote with no issues due to how messed up your system is. Unlawful voting and identity theft would only apply if they actually went ahead with voting or intended to vote and got stopped before doing so. In every polling place they went to, they very clearly asked questions to show on video that everything mentioned above was possible, and they intentionally left before doing any illegal activity. This is a witch hunt attempting to destroy those who exposed how fraudulent your system is. By going after them instead of attempting to have your voting system fixed, you prove how heinously corrupt you are.

— Leftism (@LeftismForU) October 29, 2026

O’Keefe and Higby released videos in August showing themselves at polling stations while wearing Islamic clothing. They claimed to be registered to vote in Minnesota and recorded the encounters using hidden cameras.

As part of the operation, the journalists adopted disguises and asked election workers whether they could “vouch” for several fictitious friends who would come to vote at the polling station. Their questions targeted Minnesota’s rules for registering voters through another registered voter.

Under the Minnesota system, a person does not have to present identification to register to vote if an already registered voter vouches for that person. The registered voter providing the vouch also does not need to show identification to vote.

That process can be used up to eight times. The journalists’ videos were intended to show how someone could conceal an identity, claim to be another person, and move through the system without providing identification.

Moriarty’s prosecution rests on the journalists entering polling places, allegedly misrepresenting their identities, and applying for a ballot. The mounting criticism rests on the fact that they did not vote, touch a ballot, or complete the conduct the sting sought to test.

The Department of Justice is now reviewing the charges while weighing the police report, video, and other available material. Its stated concern about intimidation connected to First Amendment activity adds federal scrutiny to a prosecution already taking a beating online.

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