© Gabriela Bhaskar/The New York Times
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.
Ghana has rejected a proposed health compact with the United States that would have provided an estimated $109 million in US health funding over five years, with President John Dramani Mahama saying the agreement raised serious concerns over health data, financing obligations, and Ghana’s regulatory authority.
The decision places Ghana among a few African countries that have pushed back against new US health agreements introduced as Washington restructures its foreign assistance following the dismantling of USAID. Zimbabwe has also rejected a similar agreement, while Zambia has raised concerns over provisions in its negotiations with the United States.
Speaking at the Council on Foreign Relations in New York on September 25, Mahama said the proposed compact was presented to Ghana as a replacement for health funding previously provided through USAID.
He said Ghana’s Ministry of Health reviewed the document before preparing a Cabinet Information Paper.
“Ghana is a sovereign nation, and we have our own processes. We are a democratic country,” Mahama said.
According to the President, the Cabinet identified several provisions that raised concerns, particularly those relating to Ghana’s health information.
“One, it says that we shall give the United States our pathogen profile,” he said, adding that the agreement also required Ghana to provide medical records.
“It also says we should give our medical records. I mean, who takes another country’s medical records? And so that was strange.”
Concerns over health-data sharing have been central to resistance to the new US health agreements in several African countries.
Mahama also raised concerns about the treatment of medicines and other medical products supplied under the proposed arrangement.
He said Ghana would have been required to contribute funding to the program while, according to his account of the compact, the country’s Food and Drugs Authority would not have been able to inspect medicines or other medical products entering Ghana under the program.
“And then it also says that any medications or any medical products that shall be brought into our country, our Food and Drugs Administration has absolutely no right to inspect,” Mahama said.
“I mean, it was humiliating.”
Ghanaian officials had previously cited concerns about the proposed handling of sensitive health information as a reason for rejecting the agreement. Reporting on the negotiations also indicated that the proposed arrangement would have required additional investment from Ghana alongside the US contribution.
Mahama said the proposal was rejected after the Health Ministry presented its assessment to the Cabinet.
He described the decision as unusually swift.
“It was the compact that was thrown out in record time in our Cabinet. I’ve never seen anything thrown out as fast as that.”
He said the government subsequently instructed the Health Minister to communicate Ghana’s position to the US ambassador.
“And so, of course, we rejected it. And we asked the health minister to inform the US ambassador that we didn’t need it. We’ll manage ourselves.”
The proposed agreement would have provided Ghana with about $109 million in US health assistance over five years. The negotiations had begun in late 2025.
Ghana’s decision comes as the United States seeks to shift its approach to global health cooperation. The new US strategy places greater emphasis on recipient countries taking responsibility for financing and delivering health programs, while Washington reduces its traditional aid commitments.
Kenya became the first African country to sign the agreement which was challenged in court, followed by similar arrangements with Rwanda, Liberia, Uganda, Lesotho and Eswatini, among other countries. Ravi Ram from the People’s Health Movement (PHM) East and South Africa, told BreakThrough News in December 2025, that “Bilateral agreements between the US and Kenya and other African countries are meant to limit the ability of any one ‘partner’ country to challenge the terms of implementing the agreement, due to the unequal power relations.”
The concerns among health activists and concerned Africans is the ability of African states to determine their own health priorities, regulate medicines, control sensitive health information, and collectively negotiate the terms of international health cooperation.
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