US prosecutors refuse to say if they secretly obtained Don Lemon’s phone records
Summary
Federal prosecutors have not confirmed whether they secretly got phone records of journalist Don Lemon using a rare legal request, according to Lemon’s lawyers. This request, made under a rarely used law tied to customs investigations, has raised privacy concerns because it was used in a case about a protest and civil rights.Key Facts
- Prosecutors served Verizon with a request in January for Don Lemon’s phone records from December 19 to January 20.
- The request was made under 19 USC 1509, a law meant for customs investigations, not criminal cases.
- This type of request does not require a court-approved warrant or grand jury subpoena.
- Experts worry this practice violates the Fourth Amendment, which protects against unreasonable searches.
- Lemon’s lawyers asked prosecutors for confirmation if Verizon complied, but prosecutors have not replied.
- The Department of Homeland Security previously used this law to obtain phone records of another journalist, Georgia Fort, without her knowledge.
- A judge had rejected a government attempt to get Lemon’s and Fort’s YouTube records, stressing special protections for journalists.
- Many defendants in the case have asked for the case to be dismissed due to the government’s use of these summonses, claiming abuse of legal authority.
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