Little-known law puts journalists' records in DHS crosshairs without a judge's approval

WASHINGTON, DC: The Department of Homeland Security has relied on a little-known legal loophole to bypass judges and obtain phone and social media records of journalists and nonprofits, recent investigations have revealed

However, the move has upset experts in the field.

DHS uses a lesser-known law to bypass judges

"The DHS reportedly used a federal law known as 19 USC 1509 to bypass a judge's scrutiny while pursuing records involving former CNN anchor Don Lemon and independent journalist Georgia Fort.

The 19 USC 1509 allows an agency to inspect records related to customs imports and the payment of duties and taxes.

Following their reporting on protests at a St Paul, Minnesota church amid numerous immigration demonstrations in the region earlier this year, Lemon and Fort were arrested in January and have been charged with depriving rights.

Fort had revealed that dozens of agents showed up at her door to arrest her.

Federal prosecutors twice in February tried to get warrants for Fort and Lemon’s YouTube channels. However, the judge rejected the appeal, saying that the prosecutor failed to establish that the pair- who have pleaded not guilty- committed a crime.

The judge also wanted the two journalists to be informed of the request, which DHS later withdrew, according to The Guardian.

DHS expands targets beyond Don Lemon and Georgia Fort

However, DHS managed to obtain six months of Georgia Fort’s phone records from T-Mobile. The agency also served Google with a summons under 19 USC 1509, a law that does not require approval from a judge, according to The Guardian.

The agency’s efforts went beyond Fort and Lemon. It also targeted the YouTube accounts of 'Democracy Now', podcaster Megyn Kelly, the Milwaukee Journal-Sentinel and independent journalist Brendan Gutenschwager, the outlet reported.

The use of the customs law has drawn strong criticism from former DHS officials.

John Roth, who served as the DHS inspector general from 2014 to 2017, called the move “outrageous.”

“It’s outrageous conduct on so many levels. It’s hard to know where to begin,” he said.

Roth added that the summons was an improper use of the law.

“This is an improper use of the subpoena under any circumstances. This is not a customs case; it is not a customs violation. They are not investigating a customs violation,” Former DHS lawyer Chris Duncan concurred.

“These laws have absolutely nothing to do with a domestic situation at a church, a social media post, even an immigration matter,” he told the outlet.