properly defend itself, it would have
to reveal state secrets.
"The government doesn't want
to fight this because it would look
really bad: Tenenbaum said.
In 2010, a high-ranking Pentagon
official who reviewed the case told
the Jewish News that there were no
state secrets involved. "The state
secrets defense is not there to protect
people from embarrassment," said
the official, who requested anonym-
ity. "They [the Tenenbaums] do
deserve their day in court"
In 2006, with the help of U.S. Sen.
Carl Levin (D-Mich.), a longtime
leader of the Senate Armed Services
Committee, the Army's Office of the
Inspector General opened an inves-
tigation of the false charges against
Tenenbaum.
In July 2008, theInspector
General's report found discrimina-
tion against him based on religion
and ethnicity.
The next year, Tenenbaum filed a
new lawsuit against the Army and
the Department of Defense, seeking
up to $200 million in damages and
using this report as evidence. This
suit, however, was dismissed by U.S.
District Judge Robert Cleland in
Detroit on July 23, 2009. The court
said that since the Inspector General
did not review the Department of
Justice's actions, which alleged state
secrets, the claim of state secrets
from the first lawsuit was still in
effect. The Sixth Circuit Court of
Appeals in Cincinnati rejected
Tenenbaum's appeal on Dec. 20,
2010.
At the ZOA event, lawyer Daniel
Harold said that the government is
"playing a game."
"We're getting help from Sen.
Levin's office he said. "We also
filed an administrative claim with
the Office of the Special Counsel of
the Department of Justice and are
dealing with the Army's Inspector
General's office:'
Tenenbaum has started to write
a book about his experiences and is
looking for a writer to collaborate
with. "Someone asked me he said,
"'What do you want at this point?'
"Very simply, we have an official
investigation report by the Inspector
General finding discrimination.
The Department of Defense and the
Department of the Army refused to
act on it. Not even a letter of apology.
"I want them to act on it. Provide
a remedy. I want them to apologize.
I want people to know what they
did was discriminatory — anti-
Semitism:" ❑

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October 11 • 2012

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