A filing from the Justice Department is saying that it doesn't want to put something in writing, and it's prompting questions from those who see documentation as a key piece of the justice system.
National security expert Marcy Wheeler pointed out that the comment was included in a court exhibit in a lawsuit against the reporters on the scene at a church protest in January 2026.
The case involves Emmy Award-winning journalist Georgia Ellyse Fort, who is accused of being a protester because she was there to cover the event. She's being charged with three felonies, including a hate crime.
First, Wheeler explained in her Wednesday post, "The primary issue in this conversation was potentially illegal spying on journalist Georgia Fort using customs summonses, as I laid out in this post."
She explained that the defendants in the case involving the Cities Church protest are asking the judge for a continuance on deadlines because the DOJ keeps stalling. The journalists involved, however, opposed it, saying that there's a larger issue of problematic behavior by the DOJ and HSI Agent Timothy Gerber.
Gerber, the lawyers allege, has been outright spying on Fort. Gerber was blocked by a judge from obtaining cell site simulators and toll records that included Fort’s phone.
Gerber then began "using customs summonses for some of the same information, continuing all the way until late May," wrote Wheeler.
According to Fort's lawyer's letter, the prosecutors “would not specify, when asked, whether it is continuing to issue customs-related administrative summonses as part of this case.”
In a case, prosecutors must turn over all evidence they obtain to the defense. Gerber referenced data it got from T-Mobile on Fort's phone, but never attached the records.
The DOJ hasn't said why Fort is under surveillance. Further, in the letter from Fort's lawyer provided to the judge, the team said that it documented a phone call with the DOJ's Ned Hedley, who indicated they don't want to put things in writing
"We understand from Mr. Hedley the government does not intend to respond to our correspondence in writing, out of the concern expressed on the call that what it represents to us could be put before the Court and/or otherwise used against it," the lawyer wrote. "Thus, to the extent we have misunderstood the government’s position conveyed on the call, please respond to this email in writing to clarify things from your perspective; otherwise, we will assume this accurately captures the parties’ discussion."
Documenting the call, lawyer Matthew S. Ebert said that the DOJ "does not intend to address with the court the significant misstatements about Ms. Fort's conduct that appear in the superseding indictment." He also observed that the DOJ "has not identified, and does not intend to identify, what evidence on which it is relying to support the allegations against Ms. Fort in the superseding indictment."
He also pointed out that the DOJ said it doesn't intend to notify the judges about false testimony previously submitted to them.
Wheeler pointed out that these lawyers are the same individuals working under Assistant Attorney General for Civil Rights Harmeet Dhillon most known for her 2020 election conspiracy theories. At the time, she called for the jailing of journalists and political opponents who refused to promote the claims.