Attorney files motion requesting AG Nessel be disqualified from case against University of Michigan protester
The attorney representing a University of Michigan student charged in connection with
2024 pro-Palestinian protests on campus
has filed a motion to disqualify Michigan Attorney General Dana Nessel from prosecuting the case.
According to court records, attorney Amir Makled filed the motion to recuse Nessel, a Democrat elected as attorney general in 2018, and appoint a special prosecuting attorney on Friday.
Makled is representing Samantha Rose Lewis, who is charged with one count each of assaulting, resisting and obstructing a police officer, and trespassing.
Nessel filed charges against
11 students in connection with the protests
, which involved an
encampment
set up by students in April. Demonstrators at the time were demanding that the university divest from companies that were financially supporting Israel.
The motion cites a news article from
The Guardian
, which said Nessel's office "has so far charged around 85% of the protesters who were arrested or for whom arrest warrants were requested last school year."
The court document also argues that Nessel has "voiced her protests" against U.S. Rep. Rashida Tlaib's social media posts about the Israel-Hamas war. In November 2024,
Nessel and state Sen. Jeremy Moss publicly called on Tlaib
to refrain from using language that could potentially incite violence and fuel hate crimes after Tlaib said, "From the river to the sea, Palestine will be free," in a social media post.
The Michigan Department of Attorney General filed a petition in March for the state to appoint a special prosecutor
in an election fraud investigation involving Hamtramck city councilors
. Makled cites the petition in his motion, saying "Attorney General Nessel stated that critics had alleged her office's prosecutions of pro-Palestinian protestors at the University of Michigan were brought "due to bias against Muslims and/or people of Arab descent."
The motion says these public actions and statements made by Nessel "raise serious concerns regarding her ability to remain impartial or at least, they create an appearance of impropriety sufficient to require her recusal/disqualification in this matter," and asks for the appointment of a special prosecuting attorney.
Kimberly Bush, the director of office of public information and education for the attorney general's office, says the motion contains "numerous known falsehoods."
"It is unclear where The Guardian came up with their statistics," Bush said in a written statement. "The Department was referred over 40 cases for review stemming from the protests at the University of Michigan. Of those over 40 cases, 11 were charged for criminal behavior."
Officials with the attorney general's office also said Nessel did not protest Tliab's social media.
"She responded directly to false accusations of bias made by the Congresswoman," Bush said.
The attorney general's office says it will be addressing the motion in court.
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