Federal prosecutors have declined to say whether they secretly obtained phone records for the journalist Don Lemon using an unusual administrative summons, his lawyers said in a Monday court filing, highlighting concern about a controversial legal authority the government has claimed to gather information as it charged Lemon and dozens of others with civil rights crimes in connection to a January protest at a church in Saint Paul, Minnesota.
In January, officials served Verizon with an administrative summons for a log of Lemon’s phone records between 19 December and 20 January. The subpoena did not come from a grand jury, as is typical in criminal investigations, and also was not a court-approved search warrant. Instead, it was a unilateral request from the Department of Homeland Security (DHS), which said it was requesting the information under 19 USC 1509 – an obscure law that gives the department power to investigate records related to customs issues. Experts say the government is abusing that authority to gather records on journalists, activists, unions, non-profits and online critics, and have expressed deep concerns that the practice runs afoul of the fourth amendment’s right to privacy.
