Dana Nessel Pins Blame for Failed Prosecutions on Rep. Debbie Dingell

The Michigan attorney general provided no evidence for her claim, which Dingell rejected

Michigan Attorney General Dana Nessel in 2022. Photo by Bill Pugliano/Getty Images

By Ryan Grim and Tom Perkins

Michigan Attorney General Dana Nessel continues to do damage control in the wake of her failed prosecution of student protesters at the University of Michigan. Nessel was forced to drop charges against students who had been arrested at a pro-Palestinian encampment last year after the judge overseeing the case indicated he was sympathetic to the defense’s argument that Nessel had been improperly biased against the defendants.

This week, in public remarks on the prosecution, she claimed without evidence that Democratic Rep. Debbie Dingell of Michigan had been the one who urged her to charge students involved in protests over Gaza. Pinning the pressure for the prosecutions on Dingell was Nessel’s way of arguing that the bias claims made against her were inaccurate—that she was not in fact pushed to take the cases by donors to her campaign who serve as senior officials at the university, but rather by the local congresswoman, Dingell.

“I heard it was from the Jewish Regents,”—that is, the Jewish members of the University of Michigan Board of Regents—“they forced me to take these cases,” Nessel said at an event this week called a “Town Hall on Hate Crimes & Extremism” in West Bloomfield Township. “I heard it was from the [Michigan Legislative] Jewish Caucus because of the money I get from them. I heard it was from Jewish donors. You know how those cases came to my office? Debbie Dingell. Debbie Dingell, I don’t know if you know this: Not Jewish. But it had to be some sort of Jewish influence.”

In a statement to Drop Site, Dingell spokesperson Michaela Johnson suggested the congresswoman was not behind the investigations, pointing to a May 2024 letter from Nessel’s office to the university in which Nessel offered to take over any investigations. The letter, which has not previously been reported, makes no reference to Dingell, but instead suggests that protests outside the homes of Board of Regents members triggered Nessel to launch an effort targeting student protesters.

“Nessel did not write the letter at our request, and Rep. Dingell had not seen that letter until today,” Johnson said. Dingell represents Ann Arbor, but previously represented Dearborn until redistricting in 2014, and she still has strong ties to the Arab-American community there. But she has remained largely silent with regard to the protests.

Amir Makled, an attorney for some of the students, said he called Dingell’s office on Friday to ask about Nessel’s allegations. He said a Dingell staffer denied the congresswoman had pushed for the investigation.

Makled said he didn’t think it was done at Dingell’s behest, but he said Dingell has been involved with the discussions because the incident occurred in her district, and she “has been giving lip service to all sides.”

But, he added, “Nessel is trying to do anything to deflect blame for her office’s misdeeds – that much seems clear to me.”

Nessel’s office didn’t respond to a request for comment over the weekend.

The university, its regents and Nessel have denied that the school recruited the attorney general..

This was not the first time Nessel had pointed the finger at Dingell. She told a local reporter several weeks ago that “the congresswoman from the 6th Congressional District” – Dingell – had put her up to it. “I stand behind the evidence and I stand behind the charges, and I appreciate the fact that this matter was referred by the congresswoman from the 6th Congressional District, who asked the state to intervene because they were concerned about what was happening on campus,” she said. “I believe what we did was the right thing, and that will be borne out in court.”

Following that report, supporters of the students who’d been charged approached Dingell at an event on March 3 to ask if Nessel’s allegation was true. According to an audio recording provided to Drop Site, it was not. “She’s told a lot of people a lot of stuff,” Dingell told the students. She was then asked directly by Jared Eno, a grad student at Michigan, if that was true: “No!” Dingell said. “She called the university and offered.” The letter supports that claim.

Nessel, in her remarks at the town hall, again claimed Rep. Rashida Tlaib of Michigan had accused her of bias linked to her Jewish background, but Tlaib’s public statements have never referenced this. “I think people at the University of Michigan put pressure on her to do this, and she fell for it,” Tlaib had said. “I think President Ono and Board of Regent members were very much heavy-handed in this.” UMich President Santa Ono, the only person Tlaib named as having applied pressure to Nessel, is not Jewish.

The AG letter was sent to Timothy G. Lynch, vice president and general counsel at the University of Michigan, and signed by Danielle Hagaman-Clark, a prosecutor in Nessel’s office. “I write today to offer the DAG’s assistance with investigating and prosecuting any cases that arise from the recent demonstrations on UM’s campus,” she wrote. “It has been widely reported that the demonstrators have not limited their protests to the campus but have also appeared at the homes of the Board of Regents. My understanding is that the Regents are not required to live in Washtenaw County, the location of UM, but that they reside in several different counties. Because the DAG has state-wide criminal authority to bring charges, we are ideally situated to review any potential cases.”

The reference to the protests outside the homes of Regents matches reporting that suggested those demonstrations, even more than the encampments, enraged the board members, who urged Nessel to prosecute.

Nessel’s prosecutor added her office was well suited to determine whether any of the speech from the protesters was illegal. “I would also note that our Department has specialized expertise in the intersection of First Amendment free speech rights in the context of a criminal prosecution. We are fluent in the law around what speech is protected and what speech is not protected,” said Hagaman-Clark, making the pitch to Michigan. The letter was sent shortly after local prosecutor Eli Savit (who is also Jewish) declined to prosecute 36 of 40 protesters arrested in connection with the occupation of an administration building, and recommended four others for diversion. “General Nessel has discussed the potential jurisdictional issues that might arise with Washtenaw County Prosecutor Eli Savit. Prosecutor Savit recognizes that his authority is confined to Washtenaw County. He is comfortable with the DAG overseeing these cases based on his jurisdiction being limited to only Washtenaw County.”

In her effort at damage control this week, Nessel claimed Dingell’s supposed request was common. “Now it’s not unusual for a congressional representative to call up the department of the attorney general and to call the attorney general herself and say ‘I’m really worried about what I see to be criminal activity occurring and either the local prosecutor is not doing anything about it,’ or ‘they’re not equipped to do anything about it. But I am scared about what I am seeing. And I think the AG’s office has to take action.’”

Nessel also told the town hall audience that she dropped the charges because the judge had ordered an evidentiary hearing into the defense’s charge that Nessel was biased against the defendants. Defense attorneys, in their recent motion to disqualify Nessel’s office over bias, pointed to a previous analysis that found she had prosecuted protesters at a much higher rate than other prosecutors in the state.

They also pointed to Nessel recusing herself from an investigation into alleged election fraud by Muslim-American city council members in nearby Hamtramck. Nessel said she wanted to avoid the appearance of bias because she was Jewish and the suspects were of Arab descent. She also noted that she had previously been critical of the Hamtramck City Council. In their motion to disqualify Nessel’s office, defense attorneys questioned how she could consider herself biased in Hamtramck but unbiased in Ann Arbor under similar circumstances.

A letter sent by the Jewish Federation of Ann Arbor to the judge urging him to allow her to remain on the case, she said, put improper pressure on the judge and should not have been sent. And the cases against the students were becoming a distraction to staff, she added, who couldn’t even attend a job fair without being “shut down by protesters.”

“We elected that rather than me being put on trial for being a Jewish prosecutor, and rather than having the federation be put on trial for an email they should not have sent—but the kind that gets sent all the time—that we would dismiss the charges against those particular defendants,” she said. An evidentiary hearing would have opened her office to discovery and made public communications about how the cases came together. Defense attorneys say she wanted to avoid that.

Liz Jacob, an attorney from the Sugar Law Center, said the claim from Nessel was another effort to deflect responsibility. “It’s alarming to see the ways that Nessel is trying to avoid accountability for her repression of free speech and brutal targeting of protesters at all costs,” Jacob said. “Both in that video and over the last several months AG Nessel has tried to blame anyone—from Congresswoman Rashida Tlaib to Debbie Dingell to the Jewish Federation of Greater Ann Arbor—to deflect criticism regarding her own deplorable treatment of pro-Palestine protesters.”

Nessel’s decision was a serious one, and Nessel should treat it seriously, Jacob said. “As the Attorney General who is directing the FBI to raid protesters homes and bringing baseless and retaliatory criminal charges against protesters, it is Nessel who must bear responsibility for targeting young people who bravely speak out against war and genocide. Nessel’s actions speak for themselves — she has aligned herself with the Trump administration’s criminalization and repression of pro-Palestine speech,” she said.