The Guardian reports that in court filings, Fort’s attorneys argue that federal prosecutors are trying to build a case against her over her coverage of a protest at Cities Church in St. Paul, Minnesota, in January. Fort’s team is asking for the case to be dismissed.
In at least 15 search warrant applications, Homeland Security Investigations said that Fort was chanting with protesters when they entered the church, a claim that the Department of Justice later admitted was false. Prosecutors tried to argue that the mistake wasn’t consequential because it wasn’t mentioned in Fort’s indictment.
“It is clear to me that in this case the government in many respects, candidly, has gone off the rails,” Matthew Ebert, one of Fort’s lawyers, said at a July 24 court hearing. “If the government is confused and can’t keep its story straight about the evidence in a 39-defendant case and incorrectly and repeatedly lumps my client, a journalist, together incorrectly with the conduct of others who were engaged in a protest, if they can’t keep it straight, all the more reason I’m concerned about what they said to the grand jury.”
Fort’s lawyers also have objections to federal investigators trying to access Fort’s reporting. A judge has rejected two attempts by investigators to get her work, noting that they seemed to have forgotten the Privacy Protection Act, which protects journalists from being forced to turn over their work to authorities.
The government has tried to gain access to Fort’s social media accounts, too, including the names and contact information of her subscribers. When a judge put a stop to that, the government tried to use customs summonses. Those attempts are controversial in that the government won’t admit in writing what information it has obtained or whether it is continuing to use those summonses, suggesting that prosecutors are either trying to hide something, or know that the government’s activities might not be legal.
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