Uproar as 'secret court fight' targets Stephen Miller protester

A court fight is playing out over federal and state investigations into a Virginia activist who passed out leaflets showing the home address of White House official Stephen Miller.

Court records reviewed by the New York Times show that a local court approved the search of a cellphone belonging to Barbara Wien, who has not been charged with any crime, as part of an ongoing investigation by multiple law enforcement agencies, including the FBI and Secret Service.

"[The investigations] have prompted a secret court fight over the balance between personal safety and free speech at a time of rising political violence, recently unsealed court documents show," the Times reported. "The dispute captures the fierce tensions over political activism that have become a defining feature of the second Trump presidency, pitting the Miller family’s concerns for their security against the First Amendment claims of a critic of the administration."

Administration officials have voiced concerns about their security, especially after the assassination of right-wing activist Charlie Kirk and two attempts last year on the life of Donald Trump, but liberal groups and activists argue the White House is using those concerns to justify attacks on political opponents and efforts to silence dissenting voices.

"The investigation centers on Ms. Wien, 65, a retired academic who, along with others, has protested outside the home in northern Arlington where Mr. Miller lived with his family at the time," the Times reported. "The police say she has circulated leaflets in the neighborhood denouncing Mr. Miller and his hard-line policies, including on immigration."

One of the leaflets included Miller's photograph and address, which a state investigator working the case said could amount to the type of harassment that violates state law, but both relevant federal and state statutes require prosecutors to prove an intent to threaten or intimidate.

The court proceedings were described as extremely unusual — and caused uproar.

“In 22 years, I have never seen a situation like this,” said Wien's attorney, Bradley R. Haywood.

Haywood said the investigation raises concerns about whether “our state police is carrying water for an administration that is suppressing free speech," and the county prosecutor, who's a Democrat, accused the GOP-led state attorney general's office of overstepping its authority by getting involved.

"I am limited in what I can say, but our office believes in the rule of law," said Parisa Dehghani-Tafti, the commonwealth's attorney for Arlington County. “I believe in the First Amendment, and in order to maintain the public trust we have to act with integrity no matter who is a potential target or potential victim, and the rule of law encompasses both prosecuting fairly and protecting constitutional rights.”