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outhfield's David
.
Tenenbaum, who the federal
government has alleged to be
a spy for Israel, is facing a
decision on whether to appeal the dis-
missal of the first part of his $100-mi1-
lion civil-rights discrimination suit
against the U.S. Army and its officials.
U.S. District Court Judge Robert
Cleland of Detroit dismissed
Tenenbaum's religious-bias suit on a
technicality on Oct. 18 without ruling
whether Tenenbaum was actually dis-
criminated against.
The motion to dismiss was brought
by the government, which is being
defended by the U.S. Attorney's Office
in Detroit.
Cleland ruled that Tenenbaum had
waited beyond the 45-day period
given federal employees to file a com-
plaint. Tenenbaum, who was accused
of spying in February 1997, filed his
lawsuit in October 1998.
Juan Mateo of Detroit, Tenenbaum's
lawyer, argued that his client could
not file a discrimination complaint
within the 45-day window because at
that time he did not know the extent
of the alleged plot against him. Mateo
said efforts to revoke Tenenbaum's
security clearance also amounted to
discrimination, and should allow the
case to proceed — a point Cleland
conceded.

Hearing Awaits

The ruling does not affect
Tenenbaum's main suit alleging mili-
tary-intelligence agents violated his
constitutional rights by using allegedly
false statements as the basis for obtain-
ing a search warrant for his home in
February 1997.
No date has been set for Cleland to
hear that part of Tenenbaum's suit.
But the ruling does diminish the pos-
sibility of Tenenbaum prevailing based
upon a discrimination claim.
Materials seized in the raid eventually
were returned to Tenenbaum because
they were found not to be classified. Yet
the week after the raid, a story in the
Detroit News stated, :'FBI agents found
boxes of classified military documents

stashed" throughout Tenenbaum's
home. That report was based upon
information in the affidavit and war-
rant, which had not been properly
sealed by the FBI.
A letter from Saul Green, U.S.
Attorney for the Eastern District of
Michigan, and Assistant U.S. Attorney
Michael Leibson, which was forward-
ed to Tenenbaum in February 1998,
stated the office would decline prose-
cution due to "insufficient evidence."

Limited Workload

Tenenbaum has worked since 1984 as
a civilian mechanical engineer at the
U.S. Army Tank Automotive and
Armaments Command (TACOM)
headquarters in Warren. He was sus-

Tenenbaum's main
suit alleges agents
violated his rights.

pended in February 1997 and ordered
back to work in April 1998. However,
Tenenbaum was not allowed to return
to his old position and projects, and
his security clearance, suspended dur-
ing the investigation, was in the
process of being revoked.
Nov he goes into his office and tries
to find work on non-classified projects.
After filing suit, Tenenbaum and
Mateo learned the investigation of
Tenenbaum had begun in 1992.
Mateo has been quoted as saying those
investigations were based on anti-
Semitic remarks made about
Tenenbaum because he was an
Orthodox Jew working with Israeli
liaisons assigned to the base.
Tenenbaum, 43, maintains he was
the victim of a campaign to fire him
based upon unfounded suspicions
and innuendo. He has said the fact
that he speaks Hebrew and has visit-
ed Israel led intelligence officers to
profile him.
Neither Tenenbaum nor Mateo
could be reached for comment.

❑

