DHS 19 USC 1509 summons obtains Fort phone records after warrant denial

DHS served the summons under 19 USC 1509 after a federal judge twice rejected search warrants in February 2026 for lacking probable cause in the Minneapolis church protest case. The agency obtained Fort's T-Mobile call and text logs covering more than 10,000 entries and directed Google to withhold notification. The statute authorizes record demands solely for customs duty verification.

Court filings show the summons contained an explicit secrecy order. Former DHS inspector general John Roth stated the provision has no application to domestic protests or journalist accounts. Caitlin Vogus of the Freedom of the Press Foundation noted the absence of independent scrutiny enables source identification through metadata.

The maneuver followed explicit judicial instructions that Fort and Don Lemon receive notice. No customs violation was asserted. Future enforcement actions under the same statute against media targets will require documented import investigations to withstand challenge.