ADC Heads to Court Over Unanswered Questions in CBP Seizure of Journalist Max Blumenthal’s Phones

FOR IMMEDIATE RELEASE
July 28, 2026
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ADC Heads to Court Over Unanswered Questions in CBP Seizure of Journalist Max Blumenthal’s Phones

Washington, D.C. | The American-Arab Anti-Discrimination Committee (ADC) will appear in federal court tomorrow, Wednesday, July 29, at 10:00 a.m., seeking evidence concerning U.S. Customs and Border Protection’s (CBP) seizure and week-long retention of journalist Max Blumenthal’s two phones.

ADC’s motion states that the seizure and retention violated Blumenthal’s rights under the First and Fourth Amendments and the Privacy Protection Act. ADC is asking the Court to reject the government’s argument that the motion is moot, require production of the relevant chain-of-custody and forensic records, and conduct the evidentiary hearing required under Federal Rule of Criminal Procedure 41(g).

CBP seized Blumenthal’s phones at Dulles International Airport on July 10. They then returned them on July 17, one day after ADC filed an emergency motion seeking the return of the devices – possibly as a result of the publicity the case received. Returning the phones, however, does not resolve the question of what happened while they remained in federal custody or establish whether the government retained any form of access to their contents.

The government now argues that the matter is moot, relying on a declaration from a CBP officer stating that Blumenthal’s phones were referred for further inspection but that federal officials were unable to gain access to them. The declaration also asserts that no search was conducted and that CBP did not possess or retain information from the devices.

Those assertions do not resolve the dispute. They confirm that officials attempted to access the phones while leaving unanswered what tools or techniques were used, who handled the devices, what records were created, and why the phones were retained for approximately one week if officials could not access them.

“The government cannot evade accountability for the serious constitutional violations alleged here simply by returning the phones after we moved for their return,” said ADC President and Legal Director Jenin Younes. “CBP admits that the devices were sent for further inspection and that officials attempted to access them. If those efforts failed, the government must still explain why it kept the phones for a week, what technology it used, who had access to them, and what records document those efforts. A declaration asking the Court to accept the government’s assurances is not an adequate substitute for evidence.”

ADC is asking the Court to require production of relevant chain-of-custody records, forensic examination reports, property-custody reports, audit logs documenting attempted access, and evidence showing whether officials created forensic images, photographs, backups, or duplicates. ADC also seeks the identities of all parties afforded access to the phones.

The hearing must also address why CBP singled Blumenthal out from a group of other American journalists returning from the same reporting trip.

CBP detained Blumenthal for approximately two and a half hours after he returned from Iran on July 10. Officers questioned him about his journalism, who funded his travel, whether he had received payment for interviews, and whether he intended to return to Iran. When Blumenthal declined to provide his passcodes because doing so could compromise his constitutional rights and confidential sources, an officer told him that the devices would be connected to machines to extract their data.

Days before Blumenthal returned, Trump ally Laura Loomer publicly urged the administration to arrest him and questioned who had funded his reporting trip to Iran. CBP officers later questioned Blumenthal along similar lines. After the agency seized his phones, Loomer celebrated the seizure and publicly characterized him as a national security threat.

“Max returned alongside other American journalists, yet CBP singled him out after an influential political operative publicly called for his arrest,” said ADC Attorney Malak Afaneh. “The overlap between those public demands, the questions CBP asked, and the decision to seize only his phones demands careful judicial scrutiny. If the government can seize a journalist’s devices after political pressure, retain them for a week, and then avoid answering what occurred simply by returning them, it sets a dangerous precedent for press freedom and the constitutional rights of every citizen.”

It’s important to note that CBP seized Blumenthal’s phones while leaving his laptop and camera untouched. That inconsistency raises further questions about whether officials were specifically seeking access to his private contacts, source communications, and other constitutionally protected material.

The government’s declaration does not explain the scope of the attempted inspection, the forensic methods employed, whether any images or photographs were created, or whether any technology was placed on the phones to provide ongoing access, surveillance, or location information. It also does not disclose what records document the government’s actions.

The seizure of a journalist’s phone threatens far more than the physical device. It potentially exposes confidential sources, unpublished reporting, private communications, and years of protected newsgathering. Permitting the government to seize those materials after political pressure, retain them without meaningful explanation, and then avoid judicial review by returning the hardware would create a dangerous path for government overreach and intimidation.

ADC is asking the Court to deny the government’s mootness argument, order production of the relevant forensic and chain-of-custody records, and proceed with the evidentiary hearing contemplated by Rule 41(g).

Hearing Information
Wednesday, July 29, 2026, at 10:00 a.m.
U.S. District Court for the Eastern District of Virginia
Alexandria Division
Blumenthal v. Mullin, Case No. 1:26-mc-16 (LMB/WEF)

About ADC

The American-Arab Anti-Discrimination Committee (ADC) is the largest Arab American grassroots organization in the United States, founded in 1980 by former Senator James Abourezk. ADC’s mission is to defend and promote the human rights, civil rights, and liberties of at least 3.7 million Arab Americans residing in the United States. Through its work, ADC fights discrimination, enhances public understanding of Arab history and culture, and partners with marginalized communities globally to advance social justice.