❌

Normal view

Homeland Security Lied About Child Porn To Search Activist's Phone

21 October 2026 at 16:47
A locked smartphone | Illustration: Africa Images/Envato (AI-modified)/Flowertiare/Dreamstime

One of the unfortunate quirks of the American system is that you can't lie to the government, but the government can lie to you. Samuel Tunick found himself on the receiving end of this setup last year at Atlanta International Airport. When agents from the Department of Homeland Security (DHS) asked for his phone password, he allegedly gave them a self-destruct code that wiped his data. Tunick now faces five years in prison for destroying evidence.

It turns out that the feds were lying to Tunick the entire time. A new court filing, first reported by 404 Media, shows that the DHS had sent out an order to seize Tunick's phone over his involvement in environmentalist protests in Atlanta. When he landed at the airport, however, agents told Tunick that they were looking for "kiddie porn" and he would be allowed to leave with his phone if he cooperated. They also repeatedly denied him access to his lawyer when he asked.

"There can be no real debate that if law enforcement had acted similarly elsewhere in Atlanta, their actions would be unconstitutional. But the government says it was entitled to act this way because Mr. Tunick was returning from an international vacation" in the Dominican Republic, his lawyers wrote in the filing, which includes internal DHS communications and excerpts from his interrogation video.

U.S. law recognizes a "border exception" to Fourth Amendment privacy rights, allowing federal agents to search incoming travelers for contraband. U.S. Customs and Border Protection (CBP) claims that this exemption also allows them to hold travelers for questioning and search their electronic data. Tunick's case reveals just how widely the agency stretches this loophole.

A few hours before Tunick landed, Homeland Security Investigations (HSI) agent Travis Mcghie emailed the CBP station in Atlanta with his photo and information, stating that he is under investigation for "suspected terrorist activities." (Tunick is involved in Save the Atlanta Forest, also known as Stop Cop City, a protest movement against a local police training center.) The email asked CBP to "conduct a 100% baggage exam, retain all electronics and collect passcodes," stating that the HSI will be at the airport to conduct an interrogation.

Pulled into the secondary screening room, Tunick "almost immediately" told CBP officers that "I don't really want to speak without a lawyer any more," according to the filing, which cites the interrogation tape. He would ask for a lawyer multiple times.

The agents asked Tunick if he had "kiddie porn" on his phone and stated that "because you're refusing to talk, we have the authority to go through your phone to see what we're looking for." One of them, Latoya Castro, told Tunick that "either you can give us your password so that we can go through it no problem, or you can refuse to do that, unfortunately, we will have to seize your phone."

Both of those statements were a lie, of course. The HSI's email had asked CBP to take Tunick's phone, whether or not he cooperated.

The lie about child porn may not only have been meant to intimidate Tunick. While there are contradictory lower court rulings about the border search exemption, some courts have ruled that the CBP can only search electronics for "digital contraband," or files that are themselves illegal. A search for child sex abuse material would be on stronger legal ground than a search for mere evidence of other crimes.

Tunick was using GrapheneOS, a secure phone system that allows users to set both a real password and a "duress password" that wipes out all data when entered. The interrogation tape shows his phone appearing to reset after he gave the officers a passcode. HSI agent Nathan Burnham and FBI agent Andrea Coble then entered the room.

"You are not under arrest. Once these gentlemen are done with you, pursuant to your entry into the country, you're free to leave," Burnham said, referring to the CBP officers.

Tunick's lawyers argue that the judge should throw out the phone password Tunick provided and everything that resulted from entering it as an "involuntary" response made under "unlawful interrogation," because the CBP agents did not read Tunick his Fifth Amendment rights and ignored his multiple requests to consult with his lawyer before answering their questions.

The CBP claims that secondary screening at the border doesn't count as a criminal investigation, so detainees don't have the same rights as criminal suspects. "Since the international arrivals inspection is an administrative function, CBP policy and federal regs do not permit the presence of lawyers during secondary examinations," a spokesman told Reason earlier this year.

But Tunick's lawyers insist that his experience was "far outside" a normal border crossing: He was accused of a serious crime to his face, faced an investigation for a different serious crime he didn't know about, and clearly could not leave the situation until he gave information to government agents.

"I hope people understand that the charges against me are meant to intimidate people against protecting their data and their privacy, and the government hopes to set a precedent that no one has the right to privacy," Tunick told 404 Media. 

Defend the Atlanta Forest, the movement that Tunick is involved with, has been a major nuisance for authorities in Georgia. Protesters attacked and burned construction equipment throughout 2022, and police shot a protester in 2023 under unclear circumstances, claiming that they were fired at during a raid.

The Trump administration has brought down the federal government against the movement. In June 2026, the Department of Justice brought federal charges against two alleged arsonists, citing National Security Presidential Memo 7, which directs the feds to go after left-wing domestic terrorism.

But beyond the email line about "suspected terrorist activities," there is no indication of what specific crimes the feds suspected Tunick of, or why they suspected him. And the whole setup of the interrogation was designed to hide those answers. In fact, instead of charging Tunick under typical obstruction or evidence-destruction laws, federal prosecutors chose a rarely-used statute that doesn't require them to disclose what the underlying investigation was about.

"Many times the government wants to highlight what it was trying to investigate because that ups the stakes on what the defendant was doing," former prosecutor Daniel Richman told The New York Times. "This is a case where I think they're trying to avoid exactly that by focusing only on the destruction, and not what the investigation was about." 

The post Homeland Security Lied About Child Porn To Search Activist's Phone appeared first on Reason Magazine.

Nobody Wants To Be the Pro-Tech Candidate in This New York Race That Could Flip the House

16 October 2026 at 21:22
Mike Lawler and Cait Conley | Bonnie Cash/UPI/Newscom/caitconley.com

The Democratic Socialists of America (DSA) candidates running for the House of Representatives and endorsed by NYC Mayor Zohran Mamdani are all but guaranteed to win their general elections this November, but that does not mean the midterm drama is over in New York. In the state's 17th congressional district, which includes the lower Hudson Valley, Democratic challenger Cait Conley, a combat veteran who served on the Biden administration's National Security Council, could unseat incumbent Republican congressman Mike Lawler in one of the most consequential races of the midterms. 

The highly contested purple district voted for former Vice President Kamala Harris in the 2024 election while reelecting Lawler for his second term. Now, Lawler is attempting to win a third term as support for President Donald Trump wanes ahead of the midterms. As of Friday, The Cook Political Report lists the race, which could determine control of the House, as a toss-up. 

If elected, Conley would have far more in common with the "Badass Women" coalition of security state and military veterans than with DSA types (think more Sen. Elissa Slotkin from Michigan than Darializa Avila Chevalier). As Judge Street Journal's Timmy Facciola notes, "Conley's candidacy is testing the viability of a tactful centrism that rebukes left-wing positions like abolishing ICE or restricting weapon shipments to Israel." Lawler is also vying for moderates, pitching himself as "one of the most bipartisan members of Congress" and emphasizing his willingness to break with Trump occasionally while still welcoming Trump's support. 

While Lawler and Conley certainly are not pure MAGA acolytes or DSA members, both have leaned into a tech-critical position, much like that of more radical populists like Lina Khan or Steve Bannon, revealing how pervasive anti-tech sentiment has become in mainstream politics. 

This tech skepticism was on full display during an October 14 debate, when each candidate made the case for why they were the most equipped to regulate AI, insisting that the industry needs guardrails. 

Conley said members of Congress do not want to regulate AI because "they want to look out for their billionaire and trillionaire backers like Elon Musk, who is pouring over $260 million into this midterm election." She then added that Musk backed Lawler in his 2024 race. 

Lawler then accused Conley, who previously consulted for Primer AI, of being "the AI candidate for the AI industry."

While Lawler and Conley disagree on specific data center regulations (Conley supports Democratic Gov. Kathy Hochul's data center moratorium while Lawler supports local zoning control over data centers), neither wants to pitch themselves as an explicitly pro-data center candidate. During the debate, Conley claimed that, "On Mike Lawler's watch there have been five data centers built in Rockland County." Lawler has said that he had no say in the decision to build the data centers, and during the debate, he pointed out that the facilities were built for financial services. Lawler also attempted to attack Conley over data centers, slamming her in an ad for saying "we need data centers." Regardless of the candidates' specific policies on data centers, their attacks on one another demonstrate that cheerleading hyperscale data center development is a political liability. In their district, data center has presumably become a dirty term. 

The candidates' tech-skeptical rhetoric did not end with unchecked data center development. After the debate, Reason asked both candidates about their positions on age-verification laws for social media and AI, since such regulations raise significant privacy and censorship concerns by age-gating the internet. Unsurprisingly, both Lawler, who voted for the controversial KIDS Act, and Conley, who has proposed stricter age verification for AI tools, parroted platitudes about why such online safety regulations are necessary to protect children. 

"We have watched how social media is literally hurting the mental health of children," Conley told Reason. "And when you talk about the power of AI and what that power could do, we have to regulate this." 

Lawler gave a similar response, telling Reason that he respects free speech but that protecting children "is paramount." 

This bipartisan consensus over social media regulation has long been brewing in Congress. The mainstream political conversations about AI and data centers, however, are relatively new this midterm election cycle. And it appears both Lawler and Conley have figured out which way Americans' sentiment toward AI is leaning, and they have waged their campaigns accordingly. 

The post Nobody Wants To Be the Pro-Tech Candidate in This New York Race That Could Flip the House appeared first on Reason Magazine.

DOGE Worked? Only If You Grade on a Curve.

16 October 2026 at 18:30
Elon Musk and Donald Trump with a DOGE meme coin | Official White House Photo by Daniel Torok/Newscom/Jiri Hera/Dreamstime.

As the Trump administration's short-lived Department of Government Efficiency (DOGE) project implemented its plan to downsize the federal workforce, there was much wailing from the liberal institutions in Washington, D.C.

Federal employee unions filed lawsuits to block the effort. NPR ran profiles of federal workers who, for the first time, faced the prospect of potentially not having absolute job security forever. The Brookings Institution wondered how many jobs the federal government could shed before it crashes.

The answer: plenty. The Trump administration has cut more than 10 percent of the federal workforce, and the government hasn't crashed. Indeed, it hasn't even shrunk—if you're counting by dollars spent instead of people employed.

In a new article for City Journal, Manhattan Institute senior fellow Judge Glock highlights the tremendous gap between the dire predictions about DOGE's cuts and the reality that has emerged, more than a year after DOGE was shut down. Despite having only a modest impact on spending, Glock writes, DOGE "had a massive impact on the federal civil service."

This is true—to a point, more on that in a moment—and notable. Aside from a modest downsizing in the 1990s, the number of people employed by the federal government has been steadily growing for decades. Reversing that trend is one of the few genuinely libertarian accomplishments by the Trump administration.

The cuts to the federal workforce prove that "DOGE worked," argues Glock.

Well, hold on.

Elon Musk and Vivek Ramaswamy (who departed the DOGE project before Trump's inauguration and is now running for governor of Ohio) set some very ambitious goals after being appointed DOGE co-chairs in late 2024. In an op-ed for The Wall Street Journal in November 2024 where they promised "we won't just write reports or cut ribbons. We'll cut costs."

Musk repeatedly attached some rather absurd numbers to that promise. He said DOGE would cut $1 trillion or even $2 trillion in federal spending. In the end, it didn't come close. By DOGE's own (questionable) accounting, it cut $170 billion. Meanwhile, overall federal spending has increased in each of Trump's first two years in office, and the budget deficit has widened as well.

Yes, Musk and Ramaswamy also said they would reduce the federal workforce. But that was presented as a natural consequence of cutting spending, not as the primary goal.

Think about it like this. If I spent months promising my friends and family that I would lose 50 pounds on a new diet, and then didn't lose any weight, would it be fair to say the diet worked?

What if I reduced the number of donuts I eat every day, but still didn't lose any weight? Sure, that might be good for my health in some way—just like reducing unnecessary workers in the federal government is good for America's fiscal health—but it certainly wouldn't mean I had achieved the goal of losing weight.

Finally, even the claim that DOGE cut the federal workforce requires an asterisk. As Glock also notes in his report, the decline in federal workers has been offset by an increase in federal contractors.

It's not a one-for-one trade, of course. The new contractors are overwhelmingly concentrated in places like the Department of Homeland Security and the Pentagon, while the cuts mostly targeted other areas, like the Department of Health and Human Services.

"Most of that increase came from the buildup in homeland-security and defense contracting, including purchases such as surveillance aircraft and tanks, rather than substitutes for government workers," Glock writes. "DOGE achieved real contract savings, but these were more than offset by higher spending elsewhere, reflecting a shift in priorities rather than an overall reduction in contracting."

So, the government is eating fewer donuts but more pizza.

There might be libertarian reasons to prefer contractors over government employees. They are less likely to hold those jobs for life, for one. But there's nothing inherently good about a government policy that cuts jobs in some areas just to create more room in the budget for poorly trained immigration enforcement agents and defense contractors. That may even be a negative outcome for liberty.

In the end, the DOGE project looks less like a meaningful attempt at cutting government spending or employment levels and more like a way to purge parts of the federal workforce likely to get in Trump's way during his second term. "As long as [Trump's] larger commitment is to extending his power rather than rolling back power itself, you shouldn't expect the government to stop growing," as Reason's Jesse Walker wrote last year in comparing DOGE to President Richard Nixon's attempted purge of the civil service.

Did DOGE work? Only if you grade it on a pretty dramatic curve.

Yes, it proved that a president can slash bureaucratic jobs—particularly the bloated managerial and administrative types—without doing much damage to the government's core responsibilities. That's a lesson future administrations should remember.

Maybe, someday, a president will try applying the same logic to government spending too.

The post DOGE Worked? Only If You Grade on a Curve. appeared first on Reason Magazine.

DOJ sues California after pushing state to match voter list with USB drive

15 October 2026 at 21:56
The Department of Justice (DOJ) sued the state of California on Thursday after giving it a USB drive and demanding that within 48 hours it compare 20,000 names on its data rolls with information provided by the Department of Homeland Security (DHS). The DOJ sent the letter to the state and local election officials Tuesday,…

Even Blue-Collar Workers Have Turned Against Trump's Unpopular Tariffs

15 October 2026 at 17:35
President Donald Trump in the Oval Office | Samuel Corum - Pool via CNP/picture alliance / Consolidated News Photos/Newscom

President Donald Trump promised that his tariffs would usher in a "golden age" by prioritizing the interests of American workers.

Those workers, however, are now turning against Trump's tariffs.

Support for the Trump administration's tariff policies has fallen by 25 percentage points among blue-collar workers over the past year, according to new polling data from Echelon Insights and the Economic Innovation Group (EIG).

A poll conducted by the two groups in August 2025 found that blue-collar workers supported the tariffs by a narrow margin. Now, that same segment of the population has turned decisively against Trump's tariffs: 58 percent oppose them, compared to just 36 percent who support them.

Source: Economic Innovation Group / Echelon Insights (https://eig.org/wp-content/uploads/2026/10/EIG-State-of-the-American-Worker-2026.pdf)

Overall, support for the tariffs has declined from about 43 percent last year to only 34 percent. Opposition to the tariffs has grown from 50 percent to 59 percent. Elsewhere in the same survey, 68 percent of respondents said the tariffs have made the cost of living higher.

It's not hard to figure out why people have turned against the tariffs: They have contributed to rising prices across the economy.

The annualized inflation rate ticked upward to 3.7 percent in September, according to new data from the Bureau of Labor Statistics (BLS). More BLS data released Thursday morning shows that the producer price index, which often operates as a precursor to inflation, is up 6.3 percent over the past year.

America's war with Iran has been a major factor in rising inflation, but the tariffs have played a significant role as well. In a study released last week, the New York Federal Reserve concluded that consumer prices would have declined slightly over the past year if not for the economic effects of the tariffs.

The tariffs have become so unpopular that not even partisanship can save them. "Among GOP-voting workers, only 3 percent select tariffs as their top priority," note Jordan McGillis and John Lettieri, policy experts from the EIG, in their write-up of the poll.

Other parts of Trump's economic agenda are not faring much better. The Trump administration has bought or seized shares of more than 30 private businesses over the past two years—ranging from major firms such as U.S. Steel to small mining companies with few customers. "The federal government's state corporatism is unprecedented," reports the Cato Institute in a new analysis of those deals.

Large majorities of workers across both major parties and all generations said they opposed the federal government taking equity stakes in American companies in the Echelon/EIG poll.

Source: Economic Innovation Group / Echelon Insights (https://eig.org/wp-content/uploads/2026/10/EIG-State-of-the-American-Worker-2026.pdf)

In short: This economic populism sure isn't very popular.

All of this is likely to be a major factor in next month's midterm elections. Regardless of how that shakes out, however, there are lessons to be drawn from this poll for both sides of the political divide.

For conservatives, these polling data should end the tariff experiment. It has proven economically damaging, and it is no longer a political winner (if it ever was).

Remember, the idea to hike tariffs and start trade wars with all of America's biggest trading partners was not some grand plan backed by careful study and thoughtful analysis. It sprung, half-baked, from the head of one man. Yes, there have been various attempts to support, in a post hoc way, Trump's desire for tariffs. All of that can, and should, be easily discarded. There is no reason to allow a lame duck president to continue to set such a politically and economically destructive path for the country.

Undoing the tariffs might also put a meaningful dent in rising prices. That should be a no-brainer after the midterms, no matter which party controls Congress.

On the left, this poll should be a reminder that Americans do not look favorably on the mixing of government and business. Democrats should promise to unwind the "equity stakes" that the federal government has taken under Trump's watch. Heading toward the 2028 presidential cycle, Democrats might want to borrow some old Republican talking points about how government shouldn't be picking winners and losers—they may find that message is still quite popular.

Yes, it's probably right to be skeptical that those things will happen. Trump's efforts to centralize economic power in the executive branch are likely to outlive his presidency—that's how these things always seem to go.

But there is a glimmer of hope here. Americans are soundly rejecting the Trump administration's big government policies.

The post Even Blue-Collar Workers Have Turned Against Trump's Unpopular Tariffs appeared first on Reason Magazine.

❌