The Trump administration is targeting free speech with a little-known legal tool: administrative subpoenas.
The Washington Post reports that a retired Philadelphia man, Jon, 67, found himself in the government’s crosshairs after he emailed a lead prosecutor at the Department of Homeland Security, Joseph Dernbach, who was handling the deportation case of an Afghan refugee, identified as H, asking him to consider that the man’s life was in danger from the Taliban.
“Mr. Dernbach, don’t play Russian roulette with H’s life,” Jon wrote from his gmail account. “Err on the side of caution. There’s a reason the US government along with many other governments don’t recognise the Taliban. Apply principles of common sense and decency.”
Later that day, Jon received an email from Google notifying him that an administrative subpoena had been sent to them from the Department of Homeland Security “compelling the release of information related to your Google Account.” Federal agencies can issue such subpoenas without an order from a judge or grand jury, and Google gave Jon, who withheld his last name to protect his family from the government, one week to challenge it.
Laws are supposed to restrict the use of administrative subpoenas, but DHS has used the tool against dissent protected under the First Amendment to the Constitution. Jon could not find who in the agency issued the subpoena, let alone a record of it to show an attorney.
newrepublic.com
