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Judge Halts Search of Activist’s Phone in Stephen Miller Leaflet Investigation

The case tests whether distributing the Millers’ address reflects intent to threaten under Virginia law.

Overview

  • Virginia State Police seized Barbara Wien’s cellphone in August under a court-approved warrant during a multiagency investigation that includes the FBI and Secret Service.
  • Court records indicate investigators are examining whether leaflets featuring Stephen Miller’s photo and home address meet a misdemeanor standard requiring intent to intimidate or incite violence.
  • An affidavit describes a gesture Katie Miller interpreted as threatening and cites messages in which Wien called Miller “the evil fascist” and pledged to “make his life hell.”
  • Wien has not been charged with any crime, and the broader inquiry continues as legal arguments proceed over how and whether the phone can be searched.
  • Wien’s attorney and Arlington’s commonwealth’s attorney question the investigation as a potential overreach affecting protected speech, while the Millers emphasize family security concerns.