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Parties
6. Defendant Janet Napolitano is the Secretary of the Department of Homeland Security ('DHS'). Customs and Border Protection ('CBP') and Immigration and Customs Enforcement ('ICE') are agencies of the U.S. government within DHS. As head of DHS, Secretary Napolitano has authority over all DHS policies, procedures, and practices related to border searches. Defendant Napolitano is sued in her official capacity.
7. Defendant Alan Bersin is Commissioner of CBP, and as such has authority over all CBP policies, procedures, and practices related to border searches. Defendant Bersin is sued in his official capacity.
8. Defendant John T. Morton is the Director of ICE, and as such has authority over all ICE policies, procedures, and practices relating to border searches. Defendant Morton is sued in his official capacity.' (Source: David House v. JANET NAPOLITANO, in her official capacity as Secretary of the U.S. Department of Homeland Security; ALAN BERSIN, in his official capacity as Commissioner, U.S. Customs and Border Protection; JOHN T. MORTON, in his official capacity as Director, U.S. Immigration and Customs Enforcement)
'12. Plaintiff David House is a computer programmer and researcher who resides in Cambridge, Massachusetts. Following Manning's arrest, Plaintiff and others joined together in June 2010 to establish the Bradley Manning Support Network ('Support Network'). The Support Network is an unincorporated association of individuals and organizations which describes itself as an 'international grassroots effort to help accused whistle blower Pfc. Bradley Manning.
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Following the formation of the Support Network [June 2010], Plaintiff has been visited and questioned, both at his home and place of work in Cambridge, by investigators for the U.S. Department of Defense, the Department of State, and the Federal Bureau of Investigation. Plaintiff has been placed on a watch list which has resulted in his being stopped for questioning and searched each time that he enters the United States following foreign travel. Beginning in September 2010, Plaintiff has been detained for questioning at the border on each of seven occasions he has reentered the United States after foreign travel and is routinely questioned on those occasions about his work with the Support Network or his political beliefs and activities'. |
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Name(s:) |
Catherine Crump, John Reinstein |
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Agency(ies): |
American Civil Liberties Union, ACLU |
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Concerning: |
Border Searches, Grand Jury, Search and Seizure |
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Url: |
Url Link
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Archive Link
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The cofounder of a group supporting an Army private accused of leaking classified information to WikiLeaks filed a federal lawsuit today accusing the Department of Homeland Security of violating his civil rights by seizing his laptop without a warrant when he passed through security at O'Hare International Airport in Chicago.
David House, 24, a former MIT researcher from Cambridge, alleges in the suit filed in US District Court in Boston that federal agents seized his laptop, USB storage device, video camera, and cellphone when he arrived at the airport on Nov. 3 after a vacation in Mexico, then kept him from catching a connecting flight to Boston while they interrogated him about his association with Private First Class Bradley Manning.
The suit, filed on House's behalf by the American Civil Liberties Union, says House 'was asked no questions relating to border control, customs, trade, immigration, or terrorism,' yet agents kept his laptop, USB device, and camera for 49 days while they reviewed personal and private information as part of an investigation into his work for the Bradley Manning Support Network. The electronics were returned to him Dec. 22, a day after the ACLU faxed a letter to government officials demanding their immediate return.
'If the government had legitimate reason for wanting to seize my laptop ... they could obtain a warrant,' House said during a telephone interview. 'Instead they wait for me to cross the border so they can claim this nebulous authority.'
He accused the government of launching a 'fishing expedition' in an effort to find out who was supporting Manning and said it has had a chilling impact on his group's legal efforts to raise money for Manning because supporters fear they will also be targeted by the government. Manning, a former Army intelligence analyst, has been imprisoned by the military for a year on charges of leaking classified information about the wars in Afghanistan and Iraq that were posted on WikiLeaks
Matthew Chandler, a spokesman for the Department of Homeland Security, declined to comment on the suit, saying, 'As a matter of policy, we do not comment on pending litigation.'
Federal agents routinely search lap tops of travelers entering and leaving the country at airports and other border crossings. The government maintains it's the same as searching suitcases and is done to protect national security.
The suit alleges that House was targeted by the government solely because of his association with the Bradley Manning Support Network, which raises funds for Manning's legal defense.
'Targeting people for searches and seizures based on their lawful associations is unconstitutional,' said Carol Rose, executive director of the ACLU of Massachusetts.
The suit alleges that the government violated House's First Amendment right to freedom of association and Fourth Amendment right against unreasonable search and seizure. It seeks the return or destruction of any of House's personal data that is still being held by the government and urges the court to order the Department of Homeland Security to disclose whether it has shared the information with other agencies.' |
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Name(s:) |
Martin Finucane |
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Journalist |
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Agency(ies): |
boston.com |
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Concerning: |
Border Searches, Grand Jury, Search and Seizure |
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Url Link
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Archive Link
http://archive.is/xW1ch |
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