New Republic • Feb 3, 2026
The Trump administration is targeting free speech with a little-known legal tool: administrative subpoenas.The Washington Post reports that a retired Philadelphia man, Jon, 67, found himself in the government’s crosshairs after he emailed a lead prosecutor at the Department of Homeland Security, Joseph Dernbach, who was handling the deportation case of an Afghan refugee, identified as H, asking him to consider that the man’s life was in danger from the Taliban.“Mr. Dernbach, don’t play Russian roulette with H’s life,” Jon wrote from his gmail account. “Err on the side of caution. There’s a reason the US government along with many other governments don’t recognise the Taliban. Apply principles of common sense and decency.”Later that day, Jon received an email from Google notifying him that an administrative subpoena had been sent to them from the Department of Homeland Security “compelling the release of information related to your Google Account.” Federal agencies can issue such subpoenas without an order from a judge or grand jury, and Google gave Jon, who withheld his last name to protect his family from the government, one week to challenge it. Laws are supposed to restrict the use of administrative subpoenas, but DHS has used the tool against dissent protected under the First Amendment to the Constitution. Jon could not find who in the agency issued the subpoena, let alone a record of it to show an attorney.Days later, DHS agents showed up at Jon’s door. A naturalized U.S. citizen originally from the U.K., Jon was worried about potential violence. The agents showed him a copy of the email and asked to see his side of the story. They didn’t know about the administrative subpoena but said they received orders to interview Jon by DHS headquarters in Washington, D.C.Eventually, the agents agreed that Jon had committed no crimes after he told them he found Dernbach’s email address through a simple Google search. Jon secured pro bono representation by ACLU attorneys, who argue that the government is violating a statute that limits how administrative subpoenas can be used for “immigration enforcement” and that the government targeted Jon for protected speech.“It doesn’t take that much to make people look over their shoulder, to think twice before they speak again,” said Nathan Freed Wessler, one of Jon’s attorneys. “That’s why these kinds of subpoenas and other actions—the visits—are so pernicious. You don’t have to lock somebody up to make them reticent to make their voice heard. It really doesn’t take much, because the power of the federal government is so overwhelming.”Both Google and Meta received a record number of subpoenas in the United States during the first half of 2025 as Trump’s second term began, with Google receiving 28,622, a 15 percent increase over the previous six months. Jon was fortunate to have his case picked up by the ACLU and later reported on by a national media outlet. How many others in the U.S. haven’t been so lucky and face legal challenges for exercising their right to free speech?