Federal authorities are struggling to advance a high-profile “doxxing” investigation after a judge twice blocked the FBI from searching a 66-year-old woman’s phone. The Justice Department claims the case involves activist Barbara Wien, accused of targeting Trump adviser Stephen Miller and his wife, Katie Miller. The dispute has sparked a fierce legal and political battle in Northern Virginia, where questions of free speech, privacy, and political bias are colliding.
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Judge Blocks FBI Search
Magistrate Judge Lindsey Vaala on Wednesday again denied the FBI’s request to search Barbara Wien’s smartphone, halting the Justice Department’s investigation. The case centers on allegations that Wien posted anti-Miller flyers in the couple’s Arlington, Virginia, neighborhood. The posters, which featured a crossed-out photo of Miller and the phrase “NO NAZIS IN NOVA,” were found near his home, according to affidavits reviewed by Axios. The White House has urged prosecution, claiming the incident endangered Miller’s family.
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Flyers Spark Political Firestorm
The flyers, which also contained a QR code linking to a local activist Instagram page, prompted outrage from Trump officials and conservative media. The administration insists Wien’s actions amount to “doxxing”, a form of targeted harassment, though no personal address or private data was shared. A senior administration official told Axios, “The position of the judge and the justice system in Northern Virginia is [that] Stephen Miller deserves this, so it shouldn’t be investigated. This is just about gathering evidence to see if there should be an arrest. And the judges are blocking it.”
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Activist Denies Any Crime
Wien’s attorney, Bradley R. Haywood, maintains that his client broke no laws. He argues that her actions, including the flyers and an alleged “I’m watching you” gesture toward Katie Miller, are constitutionally protected. “Her phone is being unlawfully held,” Haywood said, calling the Justice Department’s actions a violation of her rights. Wien, a retired academic specializing in peace studies, has not been charged with any crime.
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Alleged “Watching” Incident
According to investigators, the controversy escalated after a Secret Service camera captured Wien making an “I’m watching you” gesture as she passed the Millers’ home on September 11, a day after conservative activist Charlie Kirk was assassinated. Prosecutors argue this behavior, coupled with the flyers, could violate state and federal doxxing laws. The Justice Department contends that phone data could prove whether Wien lied to investigators or coordinated with activist groups that pose a risk to the Millers’ safety.
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Northern Virginia Judges Push Back
The FBI first seized Wien’s phone on October 1 under a warrant issued by Judge Judith Wheat via the Virginia State Police. But when agents later sought a second, broader search, Judge Vaala rejected the application twice, most recently on Wednesday and again on Thursday. Arlington’s elected prosecutor, Parisa Dehghani-Tafti, also narrowed the earlier warrant to limit federal access to phone data. In a rare move, she aligned with the defense, drawing criticism from the administration.
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DOJ to Appeal Ruling
The Justice Department plans to appeal the decision, according to Axios. A senior administration official expressed frustration, claiming Northern Virginia’s courts are politically biased. “This is just about gathering evidence to see if there should be an arrest,” the official said. “And the judges are blocking it.” Federal prosecutors argue that examining the phone is essential to determine if Wien misled agents or engaged in coordinated harassment. So far, the judiciary has refused to grant broader federal access.
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Political Tensions and Fallout
The dispute has deepened partisan divides in Northern Virginia, where civil rights and free speech issues often collide with national politics. Judge Vaala, who donated to the Obama and Biden campaigns before her 2022 appointment, has faced scrutiny from conservative circles. Meanwhile, the Millers have relocated from Arlington to taxpayer-subsidized military housing in the D.C. area amid ongoing safety concerns. The Justice Department, FBI, and Virginia Attorney General’s Office have not publicly explained why expanded phone access remains necessary.