Gaza First Amendment Alert (8/3/26)

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Escalating Attacks on Independent Media 

Upon his return to the United States on July 10, journalist Max Blumenthal was stopped at Dulles International Airport by Custom and Border Patrol agents, who seized two of his mobile phones. Blumenthal was returning from Iran, where he reported on the funeral of Ayatollah Ali Khamenei, as a journalist for The Grayzone, which he founded and edits. The seizure of his phones was criticized by press freedom and free expression organizations, including Defending Rights & Dissent, Freedom of the Press Foundation, and Committee to Protect Journalists.  Prior to his arrival, Blumenthal was also placed on “Secondary Screening,” part of the terror watchlisting program, and was interrogated by CBP upon landing. In addition to having his phones seized, the journalist also had his checked bags searched. 

Although Blumenthal’s devices were returned, the American Arab Anti Discrimination Committee is representing Blumenthal in a lawsuit against CBP alleging his Fourth Amendments rights were violated. A federal judge has ordered discovery regarding what agents did with Blumenthal’s phone. 

Blumenthal has been consistently targeted by pro-Israel groups. The search of his devices followed high-profile attacks on him by Laura Loomer, a conservative influencer close to the Trump White House. The Grayzone believes these attacks triggered the questioning and search of Blumenthal’s belongings.

On July 21, the House Ways and Means Committee issued subpoenas for three left-wing nonprofits, The People Forum, The Tricontential Institute, and the independent news outlet BreakThrough News. The subpoenas are purportedly for an investigation by the Committee, which is responsible for writing the U.S. tax code, into whether U.S. tax nonprofits adequately safeguard from foreign influence. The Committee alleges this information is relevant, as the committee alleges the groups received money from Neville Roy Singham. Singham is a U.S. citizen, and it is perfectly lawful for him to donate to nonprofits and for the groups to receive his donations. Members of the committee have repeatedly made  unsubstantiated claims that Singham is running a pro-Chinese Communist Party influence network. The subpoenas have been criticized on First Amendment and free press grounds, with critics, including Defending Rights & Dissent, accusing the committee of seeking to chill the groups’ speech in a manner reminiscent of the House Un-American Activities Committee. BreakThrough News’ critical coverage of Israel and support for Palestinian liberation were cited by the House Ways and Means Committee in its attempts to obtain their internal documents. 

Criminal Investigations Target Funders of Palestinian Cause

It is not only the House Ways and Means Committee that is eyeing Singham. According to CBS News, Singham is the subject of a grand jury in the Southern District of New York. Reportedly the grand jury began as an investigation into whether Singham violated the Foreign Agents Registration Act and has since moved into a general tax probe.  Singham is a decades-long left-wing activist. In 2017, he sold his software company and has since then reportedly used his money to fund left-wing activism in the U.S., in line with his longheld views and his First Amendment rights. Although a U.S. citizen, Singham lives in China, leading to McCarthyite accusations that his support for antiwar organizing was a Chinese influence campaign. After Israel’s genocide in Gaza, attacks on Singham increasingly focused on his support for pro-Palestinian causes. Pro-Israel and right-wing individuals, including members of Congress, attempted to smear Palestinian activism as being the product of Chinese Communist Party influence.

The Trump administration has also sought the extradition of activist Fergie Chambers, who has been arrested in Spain where he is being held without bail. It is unclear if he will be extradited. Spain’s Socialist Party government has been highly critical of the U.S. and Israel. Multiple left-wing parliamentarians in Spain have called on the government not to collaborate with what they view as political repression of Palestinian solidarity activism by the Trump administration. The indictment against Chambers remains sealed, but The Grayzone reported to have viewed the indictment and that it was for “international money laundering… with the intent to provide material support to and resources to foreign terrorist organizations.”  Chamber’s partner Stella Schnabel maintains “Fergie is being jailed because he uses his wealth to support Palestine and those suffering genocide in Gaza.” Stanley Cohen, Chambers’s lawyer, stated the decision to seek his extradition was made because “ it looks good for Trump, for Aipac and for Zionist supporters.” 

Chambers was an heir to the Cox Cable fortune. He sold his stock and has since been using it to fundraise left-wing causes. This includes over one million dollars in humanitarian support for Gaza. His anti-imperialist views have led to him being attacked in the media. Since 2023, he has resided in Tunisia where he owns a popular football team. 

Mixed Ruling in Politically Motivated Deportations, as Mahmoud Khalil Launches Two New Legal Challenges

On July 21, 2026, a three-judge panel of the Second Court of Appeals unanimously overturned a Vermont federal judge’s decision granting bail to Mohsen Mahdawi. Mahdawi was a Columbia graduate student and green card holder targeted by the Trump administration for deportation over his pro-Palestinian views. Mahdawi arrived at what he believed was his citizenship interview only to be detained by immigration officials. Mahdawi filed a habeas petition in federal court and a federal judge ordered him freed, finding he would likely succeed on claims he was being targeted for First Amendment-protected views. The Second Court of Appeals has reversed that ruling on the basis that the federal judge lacked the authority  to hear the habeas petition. This is similar to a ruling made by the Third Circuit concerning Mahmoud Khalil, who is also a green card holder and Columbia graduate student targeted for deportation by the Trump administration for his pro-Palestine speech. 

In sharp contrast to the Second and Third circuits, on July 23, 2026 the Fourth Circuit Court of Appeals found a federal judge who granted bail to Dr. Badar Khan Suri did have habeas jurisdiction over the case. 

Khalil also filed two new civil lawsuits in federal court. On July 14, 2026 Khalil filed a lawsuit under the Ku Klux Klan Act of 1871 against the Heritage Foundation, Betar, and members of the Trump administration alleging they conspired together to deprive him of constitutionally-protected speech rights.  On July 20, Khalil brought a second suit against the U.S. government under the Federal Tort Claims Act. 

Chip Gibbons edited this edition of the Gaza Amendment Alert.