Activist Barbara Wien Won't Face Charges Over Flyers Targeting Stephen Miller
A local prosecutor determined there was no probable cause to charge Wien, citing free speech protections.
An activist who protested outside the home of White House adviser Stephen Miller and distributed flyers containing his Virginia address will not face state criminal charges.
Key Decision
The Arlington and Falls Church Commonwealth Attorney, Parisa Dehghani-Tafti, reviewed evidence against Barbara Wien and found "nothing in the proceeds of the search warrant supports criminal prosecution" for violations of a state law that criminalizes using someone's identity or address to coerce, intimidate, or harass.
Dehghani-Tafti stated that charging Wien would likely violate her constitutionally protected free speech rights.
The Flyers
Wien distributed flyers last August and September depicting Miller on a "Wanted" poster for "crimes against humanity," including his address and a QR code urging a congressional investigation.
A second flyer referred to Miller as the "alt-right extremist behind Trump's most abhorrent policies, Project 2025 and your new neighbor."
Dehghani-Tafti noted that the flyer "called neither for any action at or near his residence, nor for any action by the viewer against Mr. Miller." The sole call to action was to petition Congress.
Background of the Case
- Miller's wife, Katie Miller, reported the flyers to police on August 4, stating she believed they violated state law.
- About a month later, protesters gathered at the nearest intersection to the Millers' home and used sidewalk chalk for political messages.
- Katie Miller also reported seeing Wien walk by and make a gesture that seemed to convey "I'm watching you."
Wien has been under a separate federal investigation. No federal charges have been filed.
The Miller family moved out of their home and into military housing following the incidents.
Legal Proceedings
Virginia State Police reviewed evidence, including Signal chat messages where Wien discussed making Miller's life "hell" and organizing sidewalk chalk events.
The court filing stated: "The conduct initially investigated cannot support a charge... Ms. Wien is not likely to be found guilty and her speech is likely to be found to be constitutionally protected."
Dehghani-Tafti raised concerns about federal investigators' involvement, noting that a state judge prohibited sharing data from Wien's phone with anyone outside the Commonwealth Attorney's Office. She requested a court order for the state police to destroy records obtained from Wien's phone and to attest that they were not shared with other agencies.
Reactions and Political Tensions
A White House spokesperson could not be immediately reached for comment. Wien's lawyer could not be immediately reached.
The decision is likely to spark tensions with House Republicans, who have demanded investigative documents and accused Dehghani-Tafti of "stymying the investigation."
Stephen Miller has pressed the U.S. Attorney's Office to bring federal charges, but efforts faltered after a federal magistrate judge twice rejected the FBI's attempt to obtain a search warrant for Wien's phone.