US journalist Max Blumenthal, founder of the independent outlet the Grayzone, is fighting back after border patrol agents seized his cellphones at Dulles airport, an incident he says was triggered by online attacks from Trump ally Laura Loomer. A federal judge has now ordered the government to prove it did not access the phones, in a case that press freedom advocates say underscores the administration's crackdown on critical media.
Targeted at the airport
On 10 July, Blumenthal was flagged for a 'secondary inspection' upon returning from Iran, where he had covered the funeral of supreme leader Ali Khamenei. Agents questioned him about his trip, his hosts, and his plans to return. They demanded his two phones; he refused to provide passwords. They seized the phones but left his laptop and digital cameras.
Blumenthal said he had anticipated trouble after seeing social media posts from Loomer, who suggested he should be 'taken off the plane by US Marshalls when he lands back in the US … [and] detained'. 'I began to prepare myself for being harassed on my return,' he said.
Legal battle unfolds
The American-Arab Anti-Discrimination Committee (ADC) filed an emergency motion for the phones' return, which happened a week later – less than 24 hours after the filing. The government claimed it couldn't access the phones and that the motion was moot. But on Wednesday, Judge Leonie M. Brinkema ruled the government must provide evidence of who had the phones, when, and what they did with them, giving 14 days to respond.
Seth Stern, chief of advocacy at the Freedom of the Press Foundation, called the case 'serious constitutional problems'. He said, 'The Trump administration is finding any excuse it can to target journalists it dislikes, and border searches are one more play in the playbook.'
Fourth Circuit precedent and source protection
Brinkema cited a recent Fourth Circuit ruling distinguishing a basic cellphone search from an 'advanced' search, which involves equipment to copy or analyze contents. She noted that such an advanced search would require a warrant, which was not produced. The case follows a failed attempt to subpoena New York Times reporters, which Brinkema referenced, saying the court is concerned about government intrusion into reporters' rights.
ADC president Jenin Younes highlighted that only the phones were seized, not the laptop or camera. 'That suggests they're interested in contacts, sources, personal communications – maybe even tracking data,' she said. She added that Loomer's posts 'raise the specter he's being targeted for his views, for his journalism. This strengthens the first amendment aspect of his case.'
Broader implications for journalists
Blumenthal, a Jewish anti-Zionist, said the hearing has positive consequences for other journalists facing similar repression. But Younes warned of a 'protracted battle' due to claims of law enforcement privilege. The judge suggested Blumenthal could have an expert examine the phones for tampering, which he said he's 'working on – but it costs a lot'.
No other journalist covering Khamenei's funeral, including from CNN and the Times, has reported being detained. The case is the second in federal courts over cellphone seizures at airports, following one involving an activist against 'Cop City' in Atlanta.
