Border Seizure of Max Blumenthal’s Phones Sparks Press-Freedom Lawsuit

On July 10, U.S. Customs and Border Protection agents at Dulles International Airport in Virginia placed reporter Max Blumenthal, founder of the independent outlet the Grayzone, in a “secondary inspection.” Agents questioned how he financed his trip to Tehran, who hosted him, and whether he intended to return to the United States. They seized both of his cell phones but left his laptop and digital cameras untouched. The phones were returned a week later, less than 24 hours after the American-Arab Anti-Discrimination Committee (AADAC) filed an emergency motion demanding their return. The federal government asserted it could not access the devices, rendering the motion moot, but a federal judge later required the government to produce evidence of who had handled the phones and what was done with them, giving the agency 14 days to respond.

The Guardian

Judge Leonie M. Brinkema referenced a recent Fourth Circuit decision distinguishing a basic cellphone search—where an owner permits an agent to open the device—from an “advanced” search that copies or analyzes data. She noted that under that precedent, a warrant is required for the latter, and no warrant was produced in Blumenthal’s case. This is the second recent airport cellphone seizure to reach a federal court, following a separate case involving an activist linked to the “Cop City” protests. The incident also follows the Justice Department’s unsuccessful attempt to subpoena New York Times reporters, highlighting a pattern of government scrutiny of journalists’ communications.

The Guardian

Judge Brinkema emphasized the heightened concern when a plaintiff is a reporter, citing recent government attempts to intrude on press rights. AADAC president Jenin Younes stressed that only the phones were taken, suggesting a focus on contacts, sources, or tracking data, and called for clarity on the government’s actions. She warned that the dispute could become a “protracted battle” if law-enforcement-privileged information is invoked. Blumenthal indicated he is seeking expert analysis of the devices, noting the high cost of such an examination.

The Guardian

• “I began to prepare myself for being harassed on my return,” — Max Blumenthal, reporter

The Guardian

• “I believe now under fourth circuit case law, a search warrant would be required for that degree of intrusion into a cellphone,” — Brinkema

The Guardian

• “We want to know what they did with [Blumenthal’s] phones,” — Jenin Younes, president of the American-Arab Anti-Discrimination Committee

The Guardian