Metro

'I Wanted To Prove My Innocence'

U.S. admits Army
victimized David
Tenenbaum for
being a Jew.

Judith Doner Berne
Special to the Jewish News

T

he U.S. Army owes David
Tenenbaum an apology — and
possible compensation.
That's according to Michigan's senior
U.S. senator, Carl Levin, chair of the Senate
Armed Services Committee.
If that happens, Tenenbaum's more than
decade-long battle to prove that the Army
leveled spy charges at him because he's an
Orthodox Jew will complete the image of
David defeating Goliath.
A Department of Defense (DOD)
Inspector General's report, that Levin
requested and was released July 13,
unequivocally states, "Mr. Tenenbaum was
the subject of inappropriate treatment
by Department of the Army and Defense
Investigative Service officials ...
"We believe that Mr. Tenenbaum was
subjected to unusual and unwelcome scru-
tiny because of his faith and ethnic back-
ground, a practice that would undoubtedly
fit a definition of discrimination, whether
actionable or not:' the Inspector General's
report concludes.
Tenenbaum, 50, is a civilian engineer
who still works at the U.S. Army Tank-
automotive and Armaments Command
(TACOM) in Warren, where he was
accused of spying for Israel and placed
on paid administrative leave in February
1997.

The Backdrop
Originally hired in 1984 at least partly
because his Jewish background and abil-
ity to speak fluent Hebrew would benefit
TACOM in its U.S.-Israeli programs,
Tenenbaum had his religion become the
weapon used against him to lodge charges
of spying and to fabricate a confession.
"I believe that David's obvious love for
culture and the land, his dream to [be part
of] anything that involved Israeli projects,
people and consequently he spent more
time with Israeli citizens than anybody
else I know by far," Tennenbaum's second-
line supervisor Richard McClelland stated
under oath on July 14, 2000.1 believe that
John [TACOM Director of Intelligence Lt.
Col. John Simonini], possibly others saw
that as a risk!'

A26

August 14 • 2008

Levin's Influence
At that point, the case might have died but
for Levin's intervention.
"While the 'state secrets' doctrine is
needed to ensure that highly sensitive
national security information is not com-
promised:' Levin told the Jewish News. "A
number of recent court decisions indicate
that the Bush administration has over-
reached in its application of this doctrine."
In a letter to the Acting Inspector
General in March 2006, Levin requested
an independent determination of
Tenenbaum's contention that he was
singled out for unfair treatment because
of his religion.
"I believe that these allegations are seri-
ous enough that they must be addressed
on the merits;' Levin wrote. "If true, they
indicate illegal discrimination and an
abuse of power on the part of those who
made the accusations and fabricated the
confession."
Levin wasn't surprised by the report's
findings. "A year ago, I asked Gen. [Claude)
Kicklighter, then the DOD inspector gen-
eral, to ensure that the review was inde-
pendent, fair and complete."
Levin added, "I am pleased that Gen.
Kicklighter lived up to his commitment."

Wider Ramifications
The false charges may have had repercus-
sions far beyond Tenenbaum's personal
plight.
Although he returned to TACOM, the
program that he had developed to create
U.S. Army engineer David Tenenbaum in his Southfield home
Light Armor Systems and Survivability
(LASS) was abandoned. His mission was
In a July 31 interview with the Jewish
on Shabbat, guns drawn, he said, and the
to reduce the impact of secondary shrap-
News, Tenenbaum said, "They were trying
months of surveillance that followed. "Now nel on Humvees that might be used in
to throw the book at me. The penalty for
it's time for accountability."
fighting in urban areas.
espionage is life or a death sentence. It's a
"David was blacklisted, so to speak:'
It's that lack of armor on Humvees
devastating ordeal!'
said attorney Mayer Morganroth, who
that has been widely criticized as failing
After months of surveillance and no
along with Daniel E. Harold, represent
to adequately protect troops in Iraq and
evidence found, he returned to TACOM
him. "We're going to attempt to get com-
Afghanistan.
where he had to fight to regain his secu-
pensation." They are scheduled to meet
"Who's going to answer to the parents of
rity clearance, later upgraded to top secret. with Levin this week.
the kids in Iraq?" Tenenbaum asked.
However, he said, he was never allowed to
On his behalf, the two attorneys based
"Discrimination hurts everybody,"
return to meaningful work.
at Morganroth & Morganroth PLLC,
Morganroth said. "You've got people
Southfield, also are pursuing legislation
dying."
The Impact
that would allow future civil rights cases
"The protection of unarmored Army
Now, the Southfield husband and father
to be heard even when the "state secrets"
vehicles has been a problem throughout
of four wants a formal apology from the
privilege is invoked.
the conflicts in Iraq and Afghanistan;'
Army, punishment for those who discrim-
It was the "state secrets" defense that
Levin confirmed. "The program initiated
inated against him and compensation for
derailed Tenenbaum's civil rights case
by Mr. Tenenbaum was one of a number
the trauma to him and his family as well
against the Army and Defense Security
of Army programs that sought to address
as for years of confinement to a "dead-end Service (DSS) employees. Then-Attorney
the issue in the 1990s. We'll probably
job."
General John Ashcroft and then-Deputy
never know with certainty whether Mr.
"My kids grew up seeing this case as
Secretary of Defense Paul Wolfowitz (who
Tenenbaum's program would have resulted
my full-time job," Tenenbaum said. His
is Jewish) submitted affidavits stating
in an improvement in the protection of
two oldest, Nechama Eta, now 16, and
that disclosure of the information at issue
unarmored Army vehicles, had it been
Yehuda Laib, now 12, are still affected by
would risk harming the national defense.
carried out as originally envisioned by Mr.
the FBI entering their Southfield house
Tenenbaum."