No, CNN Did Not Commit a Crime in Reporting on the ICE Tracking App

The Justice Department is being asked to look into criminal charges against CNN after publishing a report about an app that allows users to track Immigration and Customs Enforcement (ICE) activity in their area. While critics may view the report as reckless and dangerous, it is not a crime.

President Donald Trump and Homeland Security Secretary Kristi Noem discussed the possible charges on Tuesday. Noem stated

“We’re working with the Department of Justice to see if we can prosecute them for that, because what they’re doing is actively encouraging people to avoid law enforcement activities, operations,. We’re going to actually go after them and prosecute them with the partnership of [Attorney General Pam Bondi] if we can, because what they’re doing, we believe, is illegal.”

President Trump also suggested that CNN, The New York Times, and other media outlets could be charged for publishing reports suggesting that US airstrikes on Iran’s nuclear facilities did little damage.

Such prosecutions would constitute a major attack on the free press under the First Amendment and would most certainly fail in the courts.

I have been a persistent critic of these outlets for their biased reporting. However, that is no justification for prosecuting journalists for reporting on these issues, even if the reporting is misguided or false.

CNN’s report discussed an app called ICEBlock, which has more than 20,000 users, offering an “early warning system” when ICE is operating nearby. This is public information, and the app is publicly available.  The media has the right to report on its existence and use without fear of criminal prosecution.

If the Justice Department were to bring criminal charges, they would be quickly struck down in federal court and the Administration would only succeed in creating precedent against the Executive Branch.