Nessel charges 11 people for alleged UM protest crimes. Tlaib calls it 'shameful'
Published in News & Features
DETROIT — Michigan Attorney General Dana Nessel announced Thursday she is charging 11 people with crimes in connection with alleged incidents involving protests against Israel's war with Hamas in Gaza at the University of Michigan, most of them involving the clearing of an encampment in May.
Nessel's office said in a release that most of those charged were UM students and alumni who were involved in creating a pro-Palestinian encampment on the university's Diag "consisting of tents and perimeter fencing, that grew over the course of a month to an estimated 60 tents on the site." The encampment was established to build pressure on UM officials to divest from Israeli companies that contribute to Israel's war with Hamas in Gaza, but the Board of Regents has repeatedly said it won't change because of a policy that shields the endowment from political pressures.
But two individuals were charged for interfering with demonstrators, in one instance being accused of attempted ethnic intimidation and in another of malicious destruction of property, according to the Attorney General's office. Multiple cases were referred from Washtenaw County "to ensure consistency in the law’s application across all incidents on and off campus," according to the Attorney General's office.
“The right to free speech and assembly is fundamental, and my office fully supports every citizen’s right to free speech under the First Amendment,” Nessel said in a statement. “However, violent and criminal behavior, or acts that trample on another’s rights, cannot be tolerated. I hope today’s charges are a reminder to everyone who chooses to assemble, regardless of the cause, that the First Amendment does not provide a cover for illegal activity.”
Pro-Palestinian protests have been a continuing source of conflict, leading to hundreds of arrests nationwide in May as encampments at universities, including at UM and Wayne State University, were dismantled for safety and other reasons. Police stormed Columbia University in May to clear an encampment, but President Minouche Shafik resigned in August after months of turmoil, and police arrested two people after an anti-Israel demonstration on the first day of classes.
UM officials "met with student liaisons 11 times over 20 days in April and May to discuss policy violations, safety concerns regarding permitting and egress, and the University’s intention to remove the encampment," according to the release.
After the university's fire marshal discussed the concerns at a meeting with the protesters, "those encamped refused to adopt the Fire Marshal’s recommendations to reduce the safety risks, and so the University moved to clear the Diag," Nessel's release said. The charges stemmed from the clearing of the encampment.
U.S. Rep. Rashida Tlaib, a Michigan Democrat and the only Palestinian-American in Congress, panned the charges by Nessel, who is Jewish, in an X post.
"The AG failed to deliver justice for the victims of the Flint Water Crisis but has time to bring frivolous charges that only serve to silence those speaking out against a genocidal apartheid regime?" Tlaib wrote. "This shameful attack on students’ rights will fail. Follow the Consutution (misspelled Constitution)."
The head of the Michigan chapter of the Council on American-Islamic Relations questioned Nessel's involvement in bring charges in one county that didn't appear to cross into other jurisdictions. He also said three of the students being charged are Muslim.
"Given the nature of the charges and the politics surrounding the circumstances, we question AG Nessel's involvement in this case, which would be typically handled by a local prosecutor," CAIR-MI Executive Director Dawud Walid said in a statement.
UM Muslim students and their allies have said they have been peaceful but still subjected to "disparate treatment" by university administrators and police, Walid said.
But UM Regent Sarah Hubbard, whose front law was "decorated" by protesters with "scenes of genocide in Palestine," told The Detroit News on Thursday that Nessel's charges will help ensure future safety.
"I’m pleased to see her moving forward with these charges," said Hubbard, a Republican regent. "We need to make sure the campus is a safe place for all students, and if people continue to break the rules without any accountability, it won’t feel safe.”
Nessel's office said the defendants were charged Wednesday in Washtenaw County's15th District Court, although none of the defendants had been arraigned.
Although the attorney general did not release the defendants' names, she said in the release that two demonstrators were charged with trespassing, a maximum 30-day misdemeanor, "for failing to vacate the encampment after ample time following clear lawful orders to do so and when the police action to clear the Diag was obviously underway. Police halted their progress repeatedly to repeat the dispersal order and allow time for students to clear the space."
"Seven more have been charged with Trespassing and an additional count of Resisting or Obstructing a Police Officer, a maximum 2-year felony," Nessel's release said. "While many in the camp initially refused the lawful order to vacate, or impeded the police action to some degree, criminal Resisting or Obstructing charges have been filed only against demonstrators who are alleged to have attempted to halt or push back the police by making direct contact with the officers’ bodies or physically obstruct an arrest."
Nessel's office charged two other people, "one an alumnus and another with no known UM affiliation, for separate incidents involving a counter-protest staged on the Diag on April 25th, during the period the encampment was in place," the release said.
"In one instance, a UM alumnus is charged with Disturbing the Peace, a maximum 90-day misdemeanor, for allegedly kicking over flags belonging to demonstrators and additionally Attempted Ethnic Intimidation, a maximum 1-year misdemeanor, consistent with the student’s self-professed reason for doing so, as stated to an investigating officer," the release said.
"In another instance, a man allegedly took multiple flags from demonstrators, broke two, and deposited them in a nearby garbage can while traversing the Diag, for which he is charged with two counts of Malicious Destruction of Personal Property – Less than $200, a maximum 93-day misdemeanor," Nessel's release said.
“A college campus should be a place where the exploration and sharing of ideas and opinions is able to flourish, but conviction in your ideals is not an excuse for violations of the law,” Nessel said in a statement. “A campus should not be lawless; what is a crime anywhere else in the city remains a crime on university property. Our laws everywhere are designed to make safe communities and encourage respectful coexistence, no matter our personal disagreements or conflicting beliefs. Just as we strive for safe communities and neighborhoods, we owe it to students and parents alike to protect and encourage a safe campus environment."
This isn't the first time that criminal charges have been filed in connection with pro-Palestinian demonstrations. In May, Washtenaw County Prosecutor Eli Savit charged four individuals with resisting, obstructing and assaulting police following a Nov. 17 protest at the UM Ruthven Administration Building.
More than 250 demonstrators swarmed the building, where President Santa Ono's office and the university's central administrative operations are located, and urged the school to divest from companies that fund military operations in Israel amid its war against Hamas in Gaza.
Nessel's office said it continues to investigate incidents and protests at the homes of UM regents. It decided not to pursue any charges from the disruption of the March 25 Honors Convocation and "police interactions" with a demonstration outside the UM Museum of Art on April 22.
Protesters disrupted the university’s 101st Honors Convocation at Hill Auditorium after hundreds of students were honored for their achievements.
Pro-Palestinian protesters in May said they had taped lists of demands for divestment from Israel to the door of the homes of the eight regents.
Nessel said in her release Thursday that she agreed to investigate cases in other jurisdictions.
"The offer was made to local law enforcement, county prosecutors and university officials in the counties of Washtenaw, Ingham, Oakland and Wayne," the release said. "No cases have yet been referred from Ingham, Oakland or Wayne counties. Multiple cases out of Washtenaw County were transferred to the Department of Attorney General for review with support of the county prosecutor and University President" Santa Ono.
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