Donald Trump and Department of Homeland Security Secretary Kristi Noem are threatening legal action against CNN over its recent report on a mobile app that alerts users to the presence of ICE agents.
On Tuesday, during a press appearance while touring a newly constructed detention center in the Florida Everglades, horrifically nicknamed “Alligator Alcatraz”, Trump and Noem suggested that both the network and the app’s developer could face prosecution.
“We’re working with the Department of Justice to see if we can prosecute them for that,” Noem told reporters. “Because what they’re doing is actively encouraging people to avoid law enforcement operations.”
ICEBlock, which was developed by California-based coder Joshua Aaron, functions as a crowd-sourced early warning system for immigrants; notifying users when ICE activity is reported nearby. The innovative app currently has more than 20,000 users, many of whom are in Los Angeles, where controversial, large-scale deportation efforts have taken place.
“When I saw what was happening in this country, I wanted to do something to fight back,” Aaron told CNN, adding that the deportation efforts feel, to him, reminiscent of Nazi Germany. “We’re literally watching history repeat itself.”
Within the app, users can add a pin on a map showing where they spotted agents — along with optional notes, like what officers were wearing or what kind of car they were driving. Other users within a five-mile radius will then receive a push alert notifying them of the sighting.
Trump reportedly co-signed the statement, then pivoted to air his frustration over recent CNN reporting, where he called both CNN and The New York Times “fake news” for their stories about the strikes on Iranian nuclear facilities.
“And they may very well be prosecuted also for having given false reports on the attack in Iran,” Trump said. “They were given totally false reports. It was totally obliterated. And our people have to be celebrated, not come home and say, ‘What do you mean we didn’t hit the target?’ We hit the target quickly. You know, the pilots came home, they said we hit the target quickly. So they may very well be prosecuted for that. What they did there, we think, is totally illegal.”
The White House doubled down on the accusation, claiming that CNN’s report amounts to the promotion of an app that “encourages violence” against law enforcement. However, the administration has yet to cite any specific statute that the network may have violated.
“We’re going to actually go after them and prosecute with the partnership of [Attorney General] Pam [Bondi] if we can,” Noem said. “Because what they are doing, we believe, is illegal.”
Legal experts note that regardless of the threat, any attempt to prosecute a media organization for reporting on a publicly available application would face significant First Amendment challenges. The press is protected under the Constitution for reporting on matters of public interest, even when the subject matter is politically sensitive or controversial and law professor David Levine from UC School of Law San Francisco said it is unlikely prosecutors would prevail against the developer, users, or the media for reporting on ICEBlock, as it boils down to a First Amendment issue.
“These cases should be easily defeated in court if and when they’re brought,” Levine said. “You know, this might just be the threat of the day, the bluff of the day.”
CNN quickly responded to the administration’s statements in a brief but pointed comment, saying, “This is an app that is publicly available to any iPhone user who wants to download it,” the network said. “There is nothing illegal about reporting the existence of this or any other app, nor does any reporting constitute promotion or other endorsement of the app by CNN.”
Trump’s long history of targeting media outlets through litigation is well-documented, though his legal threats have rarely resulted in successful court action; the possibility of federal prosecutors pursuing charges against a news organization for reporting on a legal app has alarmed First Amendment advocates and raised concerns over the administration’s continued hostility toward the press.
With the president now floating the possibility of prosecuting not only the media outlet but also ICEBlock’s creator, the line between law enforcement and political retaliation continues to become increasingly blurred.
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