of the suit by U.S. District Court
Judge Robert H. Cleland in
Detroit, who also dismissed the
2002 case on the government's
state secrets claim.
Cleland ruled that the state
secrets issue can't be re-litigated
since it was further dismissed at
the appellate and U.S. Supreme
Court levels.
It's not known when the
Cincinnati court will announce its
findings, Morganroth said. But "if
we're not successful, I will appeal
this case to the Supreme Court."
di
;'•14
Attorney Daniel
Harold: "There was
no reasonable basis
for investigating
David — the evidence
wasn't there."
been forced to lead.
Yes, Tenenbaum, now 52, was
completely cleared, returned
to work at TACOM and was
awarded the highest security
clearance.
But, he says, he has never
again been given any mean-
ingful assignment. The project
that he was leading in 1995
— working to reduce the
impact of secondary shrapnel
on Humvees (long before 9-11
and the onset of the wars in
Iraq and Afghanistan) — was
abandoned only to be revis-
ited by others years later after
numerous combat deaths.
And the very fact that his
loyalty was questioned has
left him unable to find anoth-
er job. "They [TACOM offi-
cials] don't want me there,"
Tenenbaum said. "I have to
push to get anything done."
At the same time, "I'm
proud that my earlier pro-
grams have been used to help
soldiers in the field. They're
paying me to get another doc-
torate. But they're definitely
not using me the way they
should be."
Third Suit On Tap
Meantime, the Tenenbaums' attor-
neys are preparing a third lawsuit
based on new evidence, which
they say was leaked to them from
the Inspector General's office.
That evidence can't be used in the
current appeal.
An earlier draft of the OIG
Attorney Mayer
report, distributed to top Army,
Morganroth: "The
Defense Department and con-
same reasons for
gressional officials, as well as an investigating him
e-mail message that then-DOD
— he was Jewish,
Deputy Inspector for Intelligence had ties to Israel
Shelton R. Young sent to DOD
and spoke Hebrew
officials, indicate the final report — are the reasons
"was substantially watered
they hired him."
down," attorney Harold said.
The draft and the internal e-mail not
Life-Altering Ordeal
only concede that religious discrimination
"He has a life that's in a cubicle said
was involved, but also that there was no
Morganroth. "It will never end."
rationale for an investigation. Both say,
The length of the case is rare, Morganroth
in part: "Basically TACOM did not have a
added, but certainly not unprecedented. "I
reasonable basis for concern that David
had one case that took 21 years.
Tenenbaum was committing espionage."
"But this will be 16-20 years before it is
And "... we see no reason why the com-
through:' Morganroth forecast. "All during
mand at TACOM had a reasonable basis to
that time, David, his wife and children are
proceed with an espionage investigation:'
going through hell."
Tenenbaum's co-counsel Harold said,
"If the courts fail to end the abuse of
"The issue for the third lawsuit will be that the state secrets privilege to cover up
of fraud on the court for falsely stating
anti-Semitism, then Jewish Americans
that a basis existed for investigating David
are back to the days of the Dreyfus Trial:'
— since the new evidence shows that
Tenenbaum said. "It would mean that
there was no reasonable basis."
they can come after anyone for any reason
whether you are a woman, gay or black."
How It Began
That trial at the end of the 19th century
The oldest of the Tenenbaums' four chil-
involved the wrongful conviction for trea-
dren, Nechama, was a 4-year-old when the son of Alfred Dreyfus, a French artillery
FBI, guns drawn, raided their tan-brick,
officer, singled out because he was Jewish.
ranch-style home on a quiet Southfield
Even when they discovered that another
street as the family observed Shabbat. Her person was responsible, high-ranking
father was falsely accused of spying for
French officers were afraid the injustice to
Israel, and the family endured 24-hour
Dreyfus would embarrass the army. He was
surveillance as well as public scrutiny for
eventually pardoned, reinstated in the army
months. (See timeline on this page.)
and awarded the country's Legion of Honor.
Now, at 18, she has graduated from high
"In 2010, this might seem like hyper-
school. But the Tenenbaums have yet to
bole, Tenenbaum said, "but the bottom
achieve the justice they say they are owed
line remains the same — a Jew received
— for the trauma caused to their family
unfair treatment under the law just for
and the constricted work life David has
being a Jew." ❑
David Tenenbaum's Battle
1995: Creates program at TACOM to work on upgrading armor on the Army's
light armor vehicles, originally working with governments of Germany and
Israel.
Fall 1996: Ordered to request security clearance upgrade although only
working on unclassified programs.
Feb. 13, 1997: Takes polygraph test ostensibly as part of a security clearance
upgrade process, but designed to get him to confess to passing information
to Israel.
Feb. 14, 1997: Accused of spying for Israel, removed from TACOM and placed
on paid administrative leave.
Feb. 15, 1997: Home raided by FBI during Shabbat. Family placed on 24-
hour surveillance for months. FBI fails to keep search warrant secret so news
media run story and stake out house.
Feb. 3, 1998: Department of Justice and FBI find no evidence of criminal
violations.
April, 1998: Ordered back to work at TACOM, but given little to do. Army
revokes secret security clearance. Light armor project discontinued.
Sept. 30, 2002: Federal civil rights case against Army and Department of
Defense (DOD) for religious discrimination dismissed when former Attorney
General John Ashcroft and former Deputy Defense Secretary Paul Wolfowitz
sign affidavits supporting state secrets defense.
Spring 2003: Security clearance restored and upgraded to top secret.
Feb.-March, 2006: U.S. Sen. Carl Levin, D-Mich., submits case to DOD's
Acting Inspector General after appellate court dismissal and U.S. Supreme
Court declines to hear appeal.
July 13, 2008: Inspector General's report concludes, among other things,
that Tenenbaum "was subjected to unusual and unwelcome scrutiny because
of his faith and ethnic background, a practice that would undoubtedly fit a
definition of discrimination ..."
Feb. 18, 2009: New $200 million civil rights lawsuit charges Army and DOD
with denying the Tenenbaums their constitutional rights of access to the
court by falsely invoking the state secrets defense.
July 23, 2009: Suit dismissed in Federal District Court in Detroit saying
issue of state secrets defense can't be brought up again.
June 15, 2010: Appeal heard by the Sixth Circuit Court of Appeals,
Cincinnati. Decision pending.
JN
2010
13