A journalist, Max Blumenthal, is battling the federal government in a Virginia court over the seizure of his two iPhones by U.S. Customs and Border Protection officers. The American-Arab Anti-Discrimination Committee filed an emergency motion seeking the immediate return of the devices, arguing that the warrantless seizure and ongoing retention of the devices violate the First and Fourth Amendments, as well as the Privacy Protection Act.

Background

Blumenthal, a U.S. citizen with a 25-year career in journalism, had returned to the United States from a reporting trip to Iran, where he covered the funeral of Ayatollah Ali Khamenei. During his detention, Blumenthal declined to provide passcodes for his phones, and a CBP officer stated that the devices would be connected to machines to extract their data.

The motion notes that while the smartphones were confiscated, Blumenthal’s laptop and camera were left untouched by officers. The legal filing also highlights communications by political activist Laura Loomer, who posted on social media prior to Blumenthal’s return, questioning his travel funding and calling for his arrest.

Constitutional Concerns

The ADC argues that Blumenthal experienced differential treatment compared to other American journalists on the same trip, and that the seizure of his devices directly interferes with his work and risks compromising confidential sources. Blumenthal stated in his court declaration that he has no criminal record and poses no national security threat, and that he believes the DHS and CBP targeted him due to his journalism, specifically his critical coverage of U.S. foreign policy and long record of exposing Israeli atrocities.

The motion requests that the federal court order CBP to immediately return both smartphones and destroy all copies of any data extracted from the devices. The government has not yet filed a formal response in court.

Original reporting: Tampa Free Press — read the source article.