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The government says destroying his own data during an airport interrogation was illegal.
A few things of note:
This is why people to your left have been chiding you about the "pedo" panic: now, the government can accuse you of being a "pedo" to justify committing crimes against you.
This is why people to your left have been chiding you about the "terrorist" moniker: for the last half century, the government can accuse you of being a "terrorist" to justify committing crimes against you.
The American government is claiming, simultaneously, that they had the right to search the phone because it was a routine search (ie, they searched without evidence of wrongdoing), and that saying that password was destruction of evidence because the phone contained evidence (ie, they searched due to evidence of wrongdoing).
While this is technically a legal argument to make, it seems very unlikely to lead to a conviction because it's hard to prove to a jury beyond reasonable doubt that the government both does and does not have evidence of wrongdoing.
You may beat the case, but you can't beat the ride.
The purpose of this lawfare isn't to get a conviction; the purpose is to make his activism more difficult. They arrest him and hold him and charge him and release him and slowly grind him down. He's currently out on bond. If they arrest him again for another bullshit charge, they can revoke his bond for the first bullshit charge.
All of this cost tens of thousands of dollars, if not hundreds of thousands of dollars.
They don't care about getting a conviction. They care about making his life and his activism as difficult as possible in hopes that the future he is fighting for does not come to pass.
also, and this is important from a legal perspective, if they don’t drop the charges ultimately and it does go to court and they do get a conviction, they’ve just set legal precedent that allows them to continue doing this to anyone. per the article, this is the first example of law enforcement using that particular law to press charges related to destruction of data on a phone, but if they succeed in making the argument then that makes it much harder for the next person to defend themselves because prosecutors can point back to this case and the fact that the court upheld the argument.
it will then require supreme court appeals and legal revision to change that, or legislative action to ban this type of behavior on the part of law enforcement. which is not likely to happen with the current court appointments and political environment.
so either way they harass activists and discourage anti-law enforcement action, and in the best case (for them) they get to mold the law to their benefit.
Tunick was involved with a group called Defend the Atlanta Forest, which opposed the construction of an enormous law enforcement training facility in the area often known as Cop City. What Tunick didn’t know, according to his lawyers, was that he’d been placed on a watch list for his actions and that Customs and Border Protection had discussed over email plans to detain him upon his arrival back in the US for “suspected terrorism activities.”
During the interrogation, CBP agents told Tunick they wanted to search his phone for evidence of child sexual abuse, and if he didn’t unlock the device, it would be confiscated. The government has long asserted broad authority to examine and seize electronic devices at the border for virtually any reason. Tunick claims he was never read his rights and requested legal counsel several times, but the requests were denied.
[…]
Most interactions of this type with CBP would have ended with the government taking the phone, sending the owner on their way, and attempting to break into the device at a later date. Agents may also attempt to extract the data on the spot. However, Tunick’s Google Pixel was running GrapheneOS. This Android-based operating system is focused on maintaining user privacy with features like memory protection, auto reboot, and the duress code. The OS only supports Google Pixel phones from the Pixel 6 onward.
The duress code is an optional feature of GrapheneOS that allows a user to set a code that is different from the unlock code. If you’re worried about the contents of your phone falling into the wrong hands, you can enter that code on the lock screen instead of the unlock code. This immediately and irreversibly deletes all data and eSIMs stored on the device.
Tunick provided this code to an agent, who entered it on the phone, after which “the screen went blank, flashed several times and the phone appeared to restart.” All data on the phone was gone, but authorities confiscated it anyway. Tunick was allowed to leave, but the US Department of Justice opted to file criminal charges against him in late 2025, citing a little-used statute that makes it illegal to “knowingly destroy or damage property” to prevent it from being seized.
This appears to be a new legal strategy for the government. EFF experts who spoke to TechCrunch note they’ve never seen the law applied in this way before. The DOJ will need to argue that even though Tunick was told this was a routine border check, he ran afoul of the law by tricking an agent into deleting his data. If convicted, Tunick could face up to five years in prison.
From the above linked article dated 27 July 2026
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Remembering the indignity of my government casually proposing the idea of ethnically cleansing 1/3rd of the nation on instagram and Twitter like it was a reasonable and uncontroversial idea
It’s just so humiliating that you have to continue to work and pay rent as your government openly declares that it is planning to kill you and many that you love or send them to a foreign torture prison and you just have to crawl towards that inevitability as everyone else considers everything somewhat normal
Every day feels like another impossible battle for my family.
My little son is suffering from severe malnutrition. His body has become so weak because we cannot provide the nutritious food he desperately needs. Watching your child grow thinner and weaker while you have nothing to offer is a pain no parent can describe.
At the same time, my daughter has just come home after surgery. She needs rest, proper nutrition, and continued care, but we are struggling to provide even the most basic necessities.
We are not asking for luxury. We are asking for food, medicine, and a chance to help our children recover.
If you can, please donate. If you cannot, please share our campaign. Even the smallest act of kindness could make a real difference for my son and daughter.
Thank you for standing with our family during this incredibly difficult time. ❤️
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✅️Here's my campaign link ⬇️⬇️⬇️
"I Am a Mother from Gaza... Writing to You from Under the Rubb… Ahmed Abusaada needs your support for "War Took Everything — Help Me Save My
My family is still living in extremely difficult circumstances, and I can't provide them with basic food. ❤️ No one cares about us, and donations have stopped. Please be the first to help save my children.
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When everything in your life is going wrong at the same time like the world is fucking with you in particular and then you remember like ohhhh yeah right it’s because the Eugenic Machinery that is the world is designed to negatively select people like me for the sake of biopolitically managing capital’s pool of labor-power
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National Geographic, November 1989. The flamboyant tomb of Emperor Khai Dinh in Vietnam, filled with porcelain and glass. War damage and a lack of resources have choked efforts to preserve the monuments from ruin.