A federal magistrate twice denied FBI bids to search a 66-year-old woman’s phone, stalling the DOJ’s Stephen Miller “doxxing” probe against her.
Magistrate Judge Lindsey Vaala on Wednesday refused the bureau’s request to examine the smartphone of activist Barbara Wien, in a case the Justice Department says involves doxxing of top White House adviser Stephen Miller, 40—and “looking at” his podcaster wife, Katie Miller, 34.
The White House believes that Wien should be prosecuted after she was seen posting flyers in Miller’s neighborhood saying he was not welcome in Arlington, Virginia. The posters had a photo of him crossed out and the message, “NO NAZIS IN NOVA.” It also featured a QR code linking to a local activist Instagram account, according to affidavits described by Axios.
Weeks earlier, Arlington’s elected prosecutor, Parisa Dehghani-Tafti, had asked a state judge to narrow a separate phone-search warrant and restrict data-sharing with the FBI, which Miller’s people interpreted as an activist prosecutor trying to wreck their case.
The Justice Department intends to appeal, according to Axios, which reviewed court records. The outlet reported that a senior administration official fumed that Northern Virginia’s justice system believes Trump’s deputy chief of staff “deserves this.”
“The position of the judge and the justice system in Northern Virginia is [that] Stephen Miller deserves this, so it shouldn’t be investigated,” a senior administration official told Axios. “This is just about gathering evidence to see if there should be an arrest. And the judges are blocking it.”
Wien’s attorney countered that she broke no laws.
The case has become a proxy fight over free speech and safety in the capital’s Virginia suburbs, and stemmed from a confrontation that began Sept. 11, one day after conservative activist Charlie Kirk was assassinated.
Investigators say Wien then passed the Millers’ house and flashed an “I’m watching you” gesture toward Miller’s wife, Katie, which was captured on Secret Service surveillance. The DOJ alleges potential violations of Virginia and federal “doxxing laws, but Wien’s lawyer Bradley R. Haywood says the speech was lawful and her phone is being “unlawfully” held.
The FBI first obtained a state warrant on Oct. 1 from Judge Judith Wheat via Virginia State Police, and Wien’s phone was seized that day, Axios reported. After a subsequent FBI interview, agents alleged Wien misled investigators and sought a second search of the device.
Vaala rejected the request—twice—most recently late Wednesday, and on Thursday again, according to the outlet. In an unusual move, Dehghani-Tafti, a Democrat, aligned with the defense to narrow the earlier state warrant and limit what could be shared with federal agents.
Haywood called the state attorney general’s involvement “hogwash,” insisting his client committed no crime and wants her phone returned.
Federal prosecutors argue they need the phone data to learn if Wien lied or is tied to a group posing a risk to Miller and his family. But Northern Virginia’s bench and bar have so far balked at broad federal access.
Vaala—who previously donated to Obama and Biden campaigns before becoming a magistrate in 2022, per Axios—denied the FBI’s latest application, and the Arlington judge amended her earlier order to restrict sharing with the feds.
Wien, a retiree and peace-studies academic, is not charged. Her lawyer says the flyers, address, and gesture are constitutionally protected—however provocative. DOJ, the FBI’s Washington field office, and the Virginia Attorney General’s Office have not publicly detailed why broader phone access is necessary, given the narrowed state order.
It was reported late last month that the Millers have moved into taxpayer-subsidized military housing in the Washington, D.C. area, joining other senior Trump officials who’ve relocated onto secure bases. It followed safety concerns and protests near their Arlington home, which the family listed for about $3.75 million before relocating.
The Daily Beast has contacted the Justice Department and the White House for comment.
