Santa Fe New Mexican

Ruling barring ‘Times’ from releasing info upheld

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NEW YORK — 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 the newspaper must immediatel­y relinquish confidenti­al legal memos it obtained.

The decision Thursday by state Supreme Court Justice Charles D. Wood in Westcheste­r County, released Friday, comes in a defamation lawsuit Project Veritas filed against the Times in 2020.

Months after the lawsuit was filed, the newspaper reported the U.S. 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 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.

Wood also pushed back against the idea the order endangered press freedoms, writing in his ruling that “steadfast fidelity to, and vigilance in protecting First Amendment freedoms” can’t infringe on the fundamenta­l rights of attorney-client privilege or privacy.

He wrote while aspects of Project Veritas, including its journalist­ic methods, may be of public interest, its attorney-client communicat­ions are not.

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