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Public Interest Law Firm Sues Napolitano
Lawsuit: Vets’ Civil Liberties Violated
By MICHAEL P. TREMOGLIE, The Bulletin
The Thomas More Law Center (TMLC), an Ann Arbor, Mich.-based public interest law firm, announced in a press release last Thursday it had filed a federal lawsuit against Department of Homeland Security (DHS) Secretary Janet Napolitano. The lawsuit claims that DHS policies violate civil liberties.
The lawsuit specifically refers to the intelligence assessment report by DHS, titled “Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment.” The report was made public April 7. The organization states this report violates the civil liberties of combat veterans as well as American citizens because it portrays legitimate political beliefs as sources for potential terrorism.
According to TMLC’s statement, the lawsuit was filed in the U.S. District Court for the Eastern District of Michigan on behalf of nationally syndicated conservative radio talk show host Michael Savage, Gregg Cunningham, president of the pro-life organization Center for Bio-Ethical Reform, Inc. and Iraqi War Marine veteran Kevin Murray.
The center claims DHS violated the First and Fifth Amendment constitutional rights of these three plaintiffs by attempting to chill their free speech, expressive association and equal-protection rights. The lawsuit further claims DHS encourages law enforcement officers throughout the nation to target and report citizens to federal officials as suspicious right-wing extremists and potential terrorists because of their political beliefs.
The report generated a firestorm of controversy as soon as it was made public. Democrat and Republican politicians, as well as veterans’ groups, have criticized it.
House Minority Leader John Boehner, R-Ohio said last Wednesday, “To characterize men and women returning home after defending our country as potential terrorists is offensive and unacceptable.”
U.S. Rep. Bennie Thompson, D-Miss., the chairman of the House committee with oversight of DHS wrote a letter to Ms. Napolitano critical of the report.
“This report appears to have blurred the line between violent belief, which is constitutionally protected and violent action, which is not,” he said.
David Rehbein, national commander of the American Legion, called the memo an “incomplete and, I fear, politically biased report.”
Richard Thompson, President and Chief Counsel of the Thomas More Law Center stated: “The Obama administration has declared war on American patriots and our Constitution. The report even admits that the department has no specific information on any plans of violence by so-called ‘right-wing extremists.’ Rather, what they do have is the expression of political opinions by certain individuals and organizations that oppose the Obama administration’s policies and this expression is protected speech under the First Amendment.
“Janet Napolitano is lying to the American people when she says the report is not based on ideology or political beliefs. In fact, her report would have the admiration of any current or past dictator in the way it targets political opponents.”
The law center is asking the court to declare that the DHS policy violates the First and Fifth Amendments, to permanently bar the policy and its application to the plaintiffs’ speech and other activities, and to award the plaintiffs their reasonable attorney’s fees and costs for having to bring the lawsuit.
DHS did not return calls for a comment in time for publication. But Ms. Napolitano has apologized to veterans for the statements contained in the report.
Michael P. Tremoglie can be contacted at mtremoglie@thebulletin.us
The lawsuit specifically refers to the intelligence assessment report by DHS, titled “Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment.” The report was made public April 7. The organization states this report violates the civil liberties of combat veterans as well as American citizens because it portrays legitimate political beliefs as sources for potential terrorism.
According to TMLC’s statement, the lawsuit was filed in the U.S. District Court for the Eastern District of Michigan on behalf of nationally syndicated conservative radio talk show host Michael Savage, Gregg Cunningham, president of the pro-life organization Center for Bio-Ethical Reform, Inc. and Iraqi War Marine veteran Kevin Murray.
The center claims DHS violated the First and Fifth Amendment constitutional rights of these three plaintiffs by attempting to chill their free speech, expressive association and equal-protection rights. The lawsuit further claims DHS encourages law enforcement officers throughout the nation to target and report citizens to federal officials as suspicious right-wing extremists and potential terrorists because of their political beliefs.
The report generated a firestorm of controversy as soon as it was made public. Democrat and Republican politicians, as well as veterans’ groups, have criticized it.
House Minority Leader John Boehner, R-Ohio said last Wednesday, “To characterize men and women returning home after defending our country as potential terrorists is offensive and unacceptable.”
U.S. Rep. Bennie Thompson, D-Miss., the chairman of the House committee with oversight of DHS wrote a letter to Ms. Napolitano critical of the report.
“This report appears to have blurred the line between violent belief, which is constitutionally protected and violent action, which is not,” he said.
David Rehbein, national commander of the American Legion, called the memo an “incomplete and, I fear, politically biased report.”
Richard Thompson, President and Chief Counsel of the Thomas More Law Center stated: “The Obama administration has declared war on American patriots and our Constitution. The report even admits that the department has no specific information on any plans of violence by so-called ‘right-wing extremists.’ Rather, what they do have is the expression of political opinions by certain individuals and organizations that oppose the Obama administration’s policies and this expression is protected speech under the First Amendment.
“Janet Napolitano is lying to the American people when she says the report is not based on ideology or political beliefs. In fact, her report would have the admiration of any current or past dictator in the way it targets political opponents.”
The law center is asking the court to declare that the DHS policy violates the First and Fifth Amendments, to permanently bar the policy and its application to the plaintiffs’ speech and other activities, and to award the plaintiffs their reasonable attorney’s fees and costs for having to bring the lawsuit.
DHS did not return calls for a comment in time for publication. But Ms. Napolitano has apologized to veterans for the statements contained in the report.
Michael P. Tremoglie can be contacted at mtremoglie@thebulletin.us
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