Michigan AG Drops Charges Against Pro-Palestinian Campus Protesters
"Our First Amendment rights should never be criminalized. Speaking up against genocide should be lifted up, not slammed with felony charges. Palestinians deserve safety and dignity," said Rep. Rashida Tlaib.
Advocates for student protesters and other critics of the U.S.-backed Israeli assault on the Gaza Strip celebrated on Monday after Michigan Attorney General Dana Nessel dropped all charges against seven people arrested last year at the University of Michigan amid allegations of bias that the Democrat rejected.
"When my office made the decision to issue charges of trespassing, and resisting and obstructing a police officer, in this matter, we did so based on the evidence and facts of the case. I stand by those charges and that determination," Nessel said in a statement. She then took aim at Ann Arbor District Judge Cedric Simpson.
"Despite months and months of court hearings, the court has yet to make a determination on whether probable cause was demonstrated that the defendants committed these crimes, and if so, to bind the case over to circuit court for trial, which is the primary obligation of the district court for any felony offense," she said. "During this time, the case has become a lightning rod of contention."
Nessel is Jewish, and on May 2, the Jewish Federation of Greater Ann Arbor submitted to the court a letter defending her against accusations of bias. The attorney general cited the letter in her new statement.
"Baseless and absurd allegations of bias have only furthered this divide," Nessel said. "The motion for recusal has been a diversionary tactic which has only served to further delay the proceedings. And now, we have learned that a public statement in support of my office from a local nonprofit has been directly communicated to the court. The impropriety of this action has led us to the difficult decision to drop these charges."
"These distractions and ongoing delays have created a circus-like atmosphere to these proceedings," she continued. "While I stand by my charging decisions, and believe, based on the evidence, a reasonable jury would find the defendants guilty of the crimes alleged, I no longer believe these cases to be a prudent use of my department's resources, and, as such, I have decided to dismiss the cases."
The defendants—Oliver Kozler, Samantha Lewis, Henry MacKeen-Shapiro, Michael Mueller, Asad Siddiqui, Avi Tachna-Fram, and Rhiannon Willow—had pleaded not guilty. The Detroit Free Pressreported that one of Nessel's deputies, Robyn Liddell, made the motion to dismiss the case and the defendants "hugged each other, smiled, and posed for a photo with their attorneys in the courtroom."
According to the newspaper:
The courtroom was packed with spectators, many of them wearing keffiyehs. They burst into applause at the decision and began chants of "Free Palestine."
Amir Makled, who represented Lewis, said the charges never should have been brought.
"This was not about trespass, this was not about a felony conduct," Makled said. "This was the criminalization of free speech, and today, the state of Michigan agrees."
State Rep. Dylan Wegela (D-26) said on social media Monday: "This is great news. It takes courage to stand up for what is right. The charges should have never been pursued in the first place. I'm glad the students maintained their innocence and didn't accept a plea deal."
Congresswoman Rashida Tlaib (D-Mich.) similarly declared, "Good news for our university student communities!"
"Our First Amendment rights should never be criminalized," added Tlaib, the only Palestinian American in Congress. "Speaking up against genocide should be lifted up, not slammed with felony charges. Palestinians deserve safety and dignity."
Union organizer Anne Elias said that "this prosecution was wrong and I think public pressure on Dana Nessel worked. I feel such relief for our students and community members, as this was a complete surprise for them today."
"[Democrats] largely own this mess, and we must identify the political entanglements—[especially] with President Ono resigning," Elias added, referring to Santa Ono, who is on track to leave his post at the University of Michigan to lead the University of Florida.
In addition to coming under fire for this case, Nessel was criticized late last month for raids of pro-Palestine student organizers' homes that her office said were "not related to protest activity on the campus of the University of Michigan," but "in furtherance of our investigation into multijurisdictional acts of vandalism."
