AG Nessel Supports Wayne County in Urging Michigan Supreme Court to Reinstate Anti-Terrorism Law

LANSING – On Friday, Michigan Attorney General Dana Nessel filed an amicus brief (PDF) in support of the emergency application filed by the Wayne County Prosecutor with the Michigan Supreme Court to reverse a recent Michigan Court of Appeals decision that struck down the state’s anti-terrorism statute. The 2002 law makes it a crime to issue a terrorist threat or falsely report an act of terrorism. However, earlier this month, the Court of Appeals ruled that the statute is unconstitutional because it does not require proof that the defendant subjectively understood the threatening nature of the statements or acted recklessly when making them. 

In her brief, Attorney General Nessel argues that the Court of Appeals’ decision is clearly erroneous, as prosecutors are already required through the statute to prove charged defendants intended to intimidate or coerce a civilian population or sought to influence or affect government conduct through intimidation or coercion. Because of the consequences of the ruling, Attorney General Nessel also urges the Michigan Supreme Court in her brief to either grant peremptory relief to immediately reinstate the law or grant a stay on the decision’s precedential effect while the Court reviews the case consistent with the requests by the Wayne County Prosecutor. 

The Attorney General warns that without swift action, the ruling could leave courts and prosecutors in uncertainty. The Department of Attorney General has eight pending cases under this statute, and additional cases throughout Michigan could face dismissal. 

“There is no doubt that the anti-terrorism law has stopped threats that disrupt our state and has saved lives,” Nessel said. “It has been instrumental in prosecuting threats against schools, law enforcement, and judicial officers. Striking down this crucial law hinders my office’s ability and the ability of prosecutors in all 83 counties from doing their jobs to hold those who threaten our communities accountable, making Michigan less safe. Threats of terrorism are too serious to have an erroneous decision undermine law enforcement’s efforts to protect public safety, and I proudly stand with Wayne County Prosecutor Kym Worthy to ensure this law remains in effect.” 

Attorney General Nessel has requested the Court provide a ruling by April 1 to ensure that pending cases can move forward.