Go with the pros who know.
41D AID. IL lI
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Case Closed?
ALAN ABRAMS
Special to the Jewish News
A
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' VINO NIP ON '''N11111Pr PAI 111111
We do the job right...
ri ht now.
Tenenbaum dealt setback by appeals courts "secrets" mandate.
tioning of anti-Semitism contradicts
every democratic principle upon which
our great nation is based and cannot be
tolerated under any circumstances."
federal appellate court panel has
But the accusations against
upheld the dismissal by a lower
Tenenbaum may already have had an
court of a lawsuit brought by
adverse effect upon national security.
David Tenenbaum of Southfield against
Tenenbaum explained that at the time
a number of federal investigative agents
he
was unjustly accused of being a spy
who he claimed falsely accused him of
for Israel, he was working on a program
being a spy for Israel.
to increase the armament for
The U.S. Court of Appeals
Humvees, Jeeps and other light
for the Sixth Circuit, based in
tactical vehicles to protect sol-
Cincinnati, invoked an obscure
diers from harm in combat.
state-secrets doctrine for the
"But that program was
first time in its history in ren-
washed because Tenenbaum
dering the May 19 decision.
became persona non grata. And
The suit charged that
now in Iraq, our soldiers are
Tenenbaum, an Orthodox Jew
being killed because they do
who is a civilian employee of
not have armament on their
the U.S Department of the
Humvees and Jeeps," said
Army Tank Automotive
Tenenba 21772
Morganroth.
Armaments Command
According to the Associated Press in
(TACOM) in Warren, was investigated
April, 1,500-2,000 of the 15,000 •
for criminal espionage in 1997 solely
Humvees in Iraq are armored versions
because he is Jewish.
and the U.S. is boosting production.
The decision by the court bars
Morganroth said the irony is that the
Tenenbaum from further pursuing his
program was unclassified and involved
lawsuit against his accusers for what he
cooperation between Germany, Israel
alleged were unlawful and anti-Semitic
and the United States.
actions.
Tenenbaum has been employed at
The appeals court ruled that the state-
TACOM since 1984. He became the
secrets doctrine applies because "a rea-
target of the federal investigation in
sonable danger exists that disclosing the
1997 to determine whether he had pro-
information in court proceedings would
vided classified information to Israel.
harm national security interests, or
would impede national defense capabili- Tenenbaum has always maintained he
was targeted solely because he was
ties, disclose intelligence-gathering
Jewish.
methods or capabilities, or disrupt
His lawsuit alleged that because of the
diplomatic relations with foreign gov-
anti-Semitic motivations of federal
ernments."
-
investigators, he was wrongfully subject-
A statement from the U.S. Attorney's
ed to a polygraph examination, his
Office for the Eastern District of
home was improperly searched while he
Michigan said, "Because the defendants
and his family were celebrating Shabbat,
would be prevented from presenting a
and his security clearance was suspend-
fair defense to Tenenbaum's allegations
ed. The FBI placed him and his family
of anti-Semitic discrimination," the
under round-the-clock surveillance.
state-secrets privilege mandated that the
After more than a year of investigating
lawsuit be dismissed.
Tenenbaum, the Department of Justice
The decision bewildered Tenenbaum,
and the FBI concluded there was no
his lead counsel, Mayer Morganroth of
negative evidence against him, and he
Morganroth & Morganroth PLLC of
was ordered back to TACOM in April
Southfield, and Morganroth associate
1998. The Army reinstated Tenenbaum's
Daniel Harold, who also worked on the
matter. Morganroth said he would apply security clearance and upgraded it to top
secret in April 2003.
to appeal the ruling to the U.S.
Assistant U.S. Attorney Peter A.
Supreme Court. The high court hears
Caplan told the Jewish News he was
appeals only of its own choosing.
unable to comment on the case and
"The core issue is still anti-Semitism,
deferred to media officer Gina Balaya.
and if religious discrimination is a state
She did not return phone requests for
secret, then anti-Semitism is also a state
comment. ❑
secret," said Morganroth. "This sanc-
1.
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