At the center of the gathering legal storm is a pivotal question: Is O’Keefe a journalist in the eyes of the law?

O’Keefe’s attorneys insist that despite his evident political bent and his unorthodox — sometimes deceptive — tactics, he qualifies as a journalist under a federal statute and Justice Department regulations aimed at sharply restricting the use of search warrants and similar steps against members of the media.

Prosecutors insist they’ve complied with those requirements, but have thus far been cagey about whether or not they’re treating O’Keefe as a member of the press…

Some of O’Keefe’s practices do seem highly unusual. A poorly redacted pleading filed in the civil suit Project Veritas was set to face trial on next month indicates that O’Keefe encouraged a colleague to tell potential donors they could provide “input” on the timing of release of Project Veritas’ work, raising the specter that O’Keefe was essentially operating under the direct control of political benefactors.