Great Lakes Wire

Michigan Attorney General Dana Nessel has filed an amicus brief supporting Wayne County Prosecutor's emergency application to the Michigan Supreme Court. The application seeks to overturn a recent decision by the Michigan Court of Appeals that invalidated the state's anti-terrorism statute. This 2002 law criminalizes issuing terrorist threats or falsely reporting acts of terrorism.

The Court of Appeals recently ruled that the statute is unconstitutional, arguing it lacks a requirement for proof that defendants understood the threatening nature of their statements or acted recklessly. In her brief, Nessel contends this decision is erroneous because prosecutors must already prove defendants intended to intimidate or coerce populations or influence government conduct through intimidation.

Nessel urges the Michigan Supreme Court to either immediately reinstate the law or stay its precedential effect while reviewing the case, as requested by Wayne County Prosecutor Kym Worthy. She warns that without swift action, courts and prosecutors could face uncertainty. The Department of Attorney General currently has eight pending cases under this statute, with additional cases across Michigan potentially facing dismissal.

“There is no doubt that the anti-terrorism law has stopped threats that disrupt our state and has saved lives,” said Nessel. “It has been instrumental in prosecuting threats against schools, law enforcement, and judicial officers."

Nessel requests a ruling by April 1 to ensure pending cases can proceed.