> Defendants make clear that they researched plaintiffs and developed the plan for this operation in response to plaintiffs’ activities related to supposed voter fraud and campaign events, supporting the “political” nature of their conduct
That's pretty nuts, saying that investigating voting fraud is "political". Any police force that enforces ballot laws would then be considered political too? They seem to be using it to mean "something related to politics" instead of the more obvious meaning of politically biased.
They also make a big deal out of some passages from a book O'Keefe wrote where he compares an undercover journalist living out a character to the same strategy as used by Soviet spies. Any undercover investigation could be described as spying in this way.
Doesn't seem very convincing overall? I can think of lots of investigations by big media orgs that could be described exactly the same way. The UK had one called cash for questions some years ago where politicians were recorded accepting bribes. Guess that was also a political spying operation lol.