CBP Detains Executive Director of Libertarian Free State Project

[WBHG – News] – Customs and Border Protection detained the leader of the Libertarian Free State Project for 90 minutes in Florida and interrogated him about anti-government activities, according to FSP Executive Director Eric Brakey.

In a series of posts on Twitter (X), Brakey claimed that after returning to Florida on a Royal Caribbean cruise, he was singled out by CBP agents because one of his suitcases was suspiciously heavy. According to him, he was detained for 90 minutes and interrogated.

“After they rifled through all my belongings, read my personal journal, and confiscated my phone and computer, I had to explain that the [Free State New Hampshire] is a non-violent, peaceful libertarian movement,” Brakey wrote.

During his detention, he asked federal agents what rights he had as a U.S. citizen, and he was told that they did not need a warrant to search “anything in my possession, including all my electronic devices.”

He said that the incident left him “shaken up and in shock.”

Brakey claims that he had to explain in detail that the Libertarian Defend the Guard movement “was not part of a violent extremist group seeking to raise a militia for insurrection against the government.”

He does not believe he was singled out due to his political beliefs, writing, “Unless there was some kind of flag that popped up when they scanned my passport, I have no reason to believe they knew who I was until they started searching all my belongings.”

Customs and Border Patrol has broad legal authority within 100 miles of the U.S. border

In 1953, the U.S. Department of Justice determined that federal officials have broad legal authority within 100 miles of the U.S. border to conduct warrantless detention, interrogations, and searches of belongings, cargo, and documents. The rule was later revised to include electronic devices such as laptops, cellphones, and tablets.

Approximately 70% of the U.S. population lives in the 100-Mile Border Zone, which includes the entire states of Maine, New Hampshire, Rhode Island, Connecticut, Delaware, Florida, Michigan, and Hawaii.

People stopped by federal officials operating under the banner of Immigration and Customs Enforcement only have limited 4th Amendment protection.

What is the Free State Project

The Free State Project (FSP), originally known as the Free Town Project, is a Libertarian Party movement that began in 2001, aiming to encourage 20,000 like-minded people of voting age to relocate to a low-population state. The objective was to gain control of the political base and adopt libertarian principles, and in 2003, New Hampshire was chosen. Political goals include reducing taxes, regulations, protecting individual rights, and promoting a free market economy.

It is important to note that Brakey did not become FSP’s executive director until November 2023 and was not directly involved in the Free Town Project.

In 2004, FSP chose the small New Hampshire town of Grafton due to its lack of zoning laws, low political engagement, and cheap property. According to an article in the New Republic, individual rights and a free market economy included a plan by Larry Pendarvis to create a space for human organ trafficking, the right to hold duels, have organized “bum fights,” and remove laws barring “consensual cannibalism.”

Approximately 200 men moved to Grafton, burying the city in civil rights lawsuits and changing local laws. Over the next 12 years, multiple sex offenders moved in, black bears took over in 2013 due to accumulating trash piles, and Grafton had its first murder in history – a double homicide over a roommate dispute. The so-called Free Town Project ended in 2016.

In September 2024, the New Hampshire Libertarian Party was heavily criticized by Democrats, Republicans, and Libertarian Presidential candidate Chase Oliver for a series of posts on Twitter endorsing the assassination of then-Vice President Kamala Harris.

On Monday, Brakey distanced himself from the 2024 statements, declaring that FSP does not endorse violence.

What is the Defend the Guard movement

The Defend the Guard movement is a national effort by the Libertarian Party to pass legislation that would restrict the deployment of the National Guard.

Multiple bills have been introduced across the United States that would require Congress to “reassert its authority under the U.S. Constitution and take charge of when, where, and how” the U.S. goes to war. It also calls for ending all foreign deployments of U.S. troops, and only using the military “when required to protect the lives, liberty, and property of Americans.”

In Virginia, the lower house passed HB2193, Virginia National Guard; deployment to active duty combat act, 99-0, but the state senate killed the bill in committee. Bills introduced in other states failed to gain support.

There was no information in the public domain to suggest that the Defend the Guard movement is tied to anti-government militias or calls for violence.

Journalism in the United States is under attack. Malcontent News is an independent news agency established in 2016 and a Google News affiliate. To remain independent, we are supported by our subscribers and limit advertising. The easiest way to support our team is to subscribe to our Substack or Patreon.

Please Support Malcontent News

When you become a subscriber, you help us stay independent and paid advertiser free. A free press is a Constitutional right, but it doesn’t come free. Our core missions are showing you an unfiltered view of the before, during, and after, defend the First Amendment, and amplify BIPOC and LGBTQIA+ voices in an advertisement free experience.
	For as little as $5 a month, you can support Malcontent News. Becoming a Patreon will help cover technology, data, bandwidth, and travel costs. Patreons get early access to content and a Discord server, virtual meetings with the staff, and private Zoom meetings. Subscribe NOW!
	A one-time Venmo donation can help with safety gear, equipment, or a small thank you to show your appreciation for what Malcontent News provides. No amount is too small, even $5 goes a long way. Venmo NOW!