Prosecutors Decline to Confirm Secret Phone Record Seizures

Federal prosecutors have declined to confirm whether they secretly obtained phone records for journalist Don Lemon using an administrative summons under 19 USC 1509. Lemon and dozens of other individuals face charges of civil rights crimes following a January protest at a church in Saint Paul, Minnesota. During that event, activists targeted a pastor alleged to be a member of Immigration and Customs Enforcement.

Defense lawyers allege the U.S. Department of Homeland Security abused an obscure customs law to bypass the need for grand jury subpoenas or court-approved warrants. They claim the government issued more than 90 such summonses to acquire telephone, social media, and employment records. Among those affected was independent journalist Georgia Fort, whose T-Mobile records for a six-month period were secretly obtained.

The government maintains the summonses are valid because the case involves a DHS official. However, defendants have filed to have the case dismissed, arguing that the government's conduct violated fourth amendment privacy rights and crossed constitutional boundaries. Verizon was among the telecommunications companies served with a summons for Lemon's records.