Go with the pros who know. 41D AID. IL lI cv Case Closed? ALAN ABRAMS Special to the Jewish News A ----- ' 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. all INN IN& NO111111/F ammo • • • • Remodeling Renovations Kitchens Baths • Basements ■ Additions • Dormers ■ Garages a a Insurance . • NAHB Restoration Master Builder Licensed & & Remodeler Insured since 76 CALL TODAY! 248593.0975 NOME IMPROVEMENT SPECIALISTS • FREE ESTIMATES 848510 11E,x..3r/nara. -11,e_pot. $11.75 ANY GARMENT — CASH PRE-PA1D 99* ALL LAUNDERED SHIRTS NO LIMITS - UPCHARGES CLEAN OUT YOUR CLOSET!! 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