By A federal bid to scrutinize a retired activist’s smartphone in the alleged doxxing of Trump aide Stephen Miller has stalled in Northern Virginia, where liberal local judges and prosecutors have resisted or narrowed investigative steps sought by the Justice Department. The impasse has deepened the long-running rift between Democratic-leaning officials in the Washington suburbs and the Trump administration’s security apparatus, sharpening disputes over privacy, protest rights, and the protection of political figures.
U.S. Magistrate Judge Lindsey Vaala on Wednesday again rejected the FBI’s request for a warrant targeting the phone of 66-year-old Barbara Wien. Federal officials say they intend to appeal, arguing the device could show whether Wien lied during questioning or helped orchestrate conduct that endangered the Miller household. Vaala’s ruling followed a state-level inquiry in which Arlington County Commonwealth’s Attorney Parisa Dehghani-Tafti backed defense arguments to narrow an existing warrant and bar federal agents from accessing the material already recovered.
“The position of the judge and the justice system in Northern Virginia is, Stephen Miller deserves this, so it shouldn’t be investigated,” a senior Trump administration official said. “This is just about gathering evidence to see if there should be a arrest. And the judges are blocking it.”
The Washington Free Beacon wrote that the woman who posted flyers exposing White House adviser Stephen Miller’s address and calling for “NO NAZIS” in Northern Virginia is a harmless academic “in the field of peace studies,” her lawyer claimed.
On Sept. 11, a day after conservative commentator Charlie Kirk was killed by a politically motivated assassin, Barbara Wien, a retired 66-year-old American University professor, posted the flyers around Miller’s Arlington neighborhood showing a photo of the Trump adviser in a red circle with a cross through it. They also included a QR code that linked to the Instagram account of Arlington Neighbors United for Humanity, an activist group that has praised Antifa and left chalk messages outside Miller’s home accusing him of “destroying democracy.”
Secret Service surveillance footage shows Wien walking by that same day and making eye contact with Miller’s wife, Katie, who was on her front porch, Axios reported. Wien made an “I’m watching you” gesture, pointing two fingers to her eyes.
The conflict has already produced concrete fallout. Miller and his wife, Katie Miller, have moved from their longtime Arlington home to a secure military installation after a series of violent incidents targeting conservative figures, including the killing of Turning Point USA founder Charlie Kirk and multiple attempts on President Donald Trump. One White House insider described a growing sense of vulnerability among senior officials: “A lot of administration officials feel it’s a problem that you have to live in Virginia or D.C. or Maryland. But the criminal justice system will not protect you and your family.”
The FBI’s initial request for a federal warrant was denied by Vaala, a 2022 appointee who previously supported the campaigns of Presidents Barack Obama and Joe Biden, according to Axios. The Millers then sought assistance from the Virginia State Police, whose application was approved by Arlington Circuit Court Judge Judith Wheat on October 1. Officers executed the warrant that same day. A subsequent filing states that Wien provided misleading answers to FBI agents during the search, prompting the Justice Department to seek a renewed warrant—again denied by Vaala.
Tensions rose when Dehghani-Tafti objected to the breadth of the state-authorized search and argued against federal involvement. Wheat then revised her order, narrowing investigators’ reach and barring cooperation with federal authorities. Dehghani-Tafti, who follows ANUFH on Instagram and has publicly criticized Trump-era policies, defended her conduct: “I have performed my duties with integrity and objectivity, and I continue to do so. I have acted in every way to uphold the rule of law.”
Allies of Virginia Gov. Glenn Youngkin called her posture unprecedented. Richard Cullen, a legal adviser to the governor, noted, to Axios “A prosecutor is usually on the same team as the investigators trying to make a case. But in this case, it’s the opposite. She’s been stymying the investigation, it appears.” An investigator echoed the sentiment: “In all my years, I’ve never seen anything like the way this case is being handled.” Haywood countered that Attorney General Jason Miyares’ involvement was itself an improper escalation given the absence of charges.
Over the past year, many liberals have become more accepting of violence toward those they disagree with politically. Virginians recently elected a new attorney general who has said he wanted to murder Republicans, including wishing that the children of a conservative colleague would die in their mother’s arms.
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