By Liz Nass
Gongwer News Service
The three Democratic attorney general candidates discussed free speech issues, the dropped charges against protesting students at the University of Michigan and loss of trust between Muslim and Arab communities and Michigan Democrats at a forum with Emgage Michigan on Sunday night.
The most significant exchange of the night surrounded the University of Michigan’s past student protests for the university to divest from Israel, where Attorney General Dana Nessel brought charges against seven individuals for trespassing during an encampment at the university in 2024. The charges have been since dropped.
Former U.S. attorney Mark Totten said multiple times throughout the forum he believed the charges were the wrong decision and that it was “heavy handed” for Nessel to step into the issue. He said he believed this decision “chilled free speech” on campuses.
Oakland County Prosecutor Karen McDonald said although she had respect for Nessel, she did not believe it was in the attorney general’s purview to make those charges, saying in her own county, she has never needed to have the attorney general come in and take over charges.
“I think it’s one thing to say that you believe in free speech and you won’t charge. It’s a whole other thing to say that you’re fine if the AG comes in and does it,” McDonald said.
On the other hand, Washtenaw County Prosecutor Eli Savit, whose jurisdiction includes the University of Michigan, said he never asked Nessel to take the charges out of his county. He said he did allow the attorney general to take over cross jurisdictional cases that included intimidation of the members of the Board of Regents.
The encampment charges never came across his desk, Savit said, and his office has denied around 60 cases against the protesters since the encampment cases. He said he has never even seen evidence in the encampment case.
“I think it’s fair to say perhaps I should have protested and said, ‘No, I’m not comfortable with the attorney general taking these cases,’” Savit said. “I will own that. I will in hindsight, I will own that.
It’s a fair critique, but if you want to know my views on campus protest, my views on criminalizing student speech, the fact that I have resisted significant pressure to deny again, 60 cases, and I personally denied it, I think speaks for itself.”
Savit said he was the only one on the call who denied charges, protected speech and resisted “pressure to criminalize protest related activity.”
McDonald denied this and Totten did not take the minute to respond to Savit’s assertion.
Free speech and privacy were main concerns running through the forum, including questions on if the candidates would have supported U.S. Rep. Rashida Tlaib, D-Detroit, in the face of being censured in the U.S. House for comments on Gaza.
Each candidate said they would support her, with Totten saying he would work with the Department of State Police to make sure her and other representatives can express opinions and feel safe.
Questions on surveillance of Arab and Muslim communities were also a concern for the organization, which asked about legal strategies to address profiling. McDonald said it was blatantly unconstitutional and that it was important to keep the attorney general’s seat in Michigan Democratic so the state could continue to file suits against President Donald Trump, if necessary, on issues like this.
State-level responses from attorney generals to the conflict in Gaza, specifically using legal tools to call for a ceasefire, were also discussed.
Totten said he “wants to use every power” available to help to solve these problems, not just the formal powers of court, but also the microphone of the platform. He said the situation in Gaza is “horrendous and immoral.”
Savit said the conflict in Gaza needs to stop now, and, although he does not have the power as an attorney general to stop it, the best thing he can do is protect free speech here about what is happening overseas.
McDonald instead focused on her record of charging hate crimes in her county during the recent rise of Islamophobia.
Other topics included how to build back trust in Arab and Muslim communities with the Democratic Party, how to fight mass incarceration, how to ensure fair elections and if they would commit to continuous town halls.
Gongwer News Service
The three Democratic attorney general candidates discussed free speech issues, the dropped charges against protesting students at the University of Michigan and loss of trust between Muslim and Arab communities and Michigan Democrats at a forum with Emgage Michigan on Sunday night.
The most significant exchange of the night surrounded the University of Michigan’s past student protests for the university to divest from Israel, where Attorney General Dana Nessel brought charges against seven individuals for trespassing during an encampment at the university in 2024. The charges have been since dropped.
Former U.S. attorney Mark Totten said multiple times throughout the forum he believed the charges were the wrong decision and that it was “heavy handed” for Nessel to step into the issue. He said he believed this decision “chilled free speech” on campuses.
Oakland County Prosecutor Karen McDonald said although she had respect for Nessel, she did not believe it was in the attorney general’s purview to make those charges, saying in her own county, she has never needed to have the attorney general come in and take over charges.
“I think it’s one thing to say that you believe in free speech and you won’t charge. It’s a whole other thing to say that you’re fine if the AG comes in and does it,” McDonald said.
On the other hand, Washtenaw County Prosecutor Eli Savit, whose jurisdiction includes the University of Michigan, said he never asked Nessel to take the charges out of his county. He said he did allow the attorney general to take over cross jurisdictional cases that included intimidation of the members of the Board of Regents.
The encampment charges never came across his desk, Savit said, and his office has denied around 60 cases against the protesters since the encampment cases. He said he has never even seen evidence in the encampment case.
“I think it’s fair to say perhaps I should have protested and said, ‘No, I’m not comfortable with the attorney general taking these cases,’” Savit said. “I will own that. I will in hindsight, I will own that.
It’s a fair critique, but if you want to know my views on campus protest, my views on criminalizing student speech, the fact that I have resisted significant pressure to deny again, 60 cases, and I personally denied it, I think speaks for itself.”
Savit said he was the only one on the call who denied charges, protected speech and resisted “pressure to criminalize protest related activity.”
McDonald denied this and Totten did not take the minute to respond to Savit’s assertion.
Free speech and privacy were main concerns running through the forum, including questions on if the candidates would have supported U.S. Rep. Rashida Tlaib, D-Detroit, in the face of being censured in the U.S. House for comments on Gaza.
Each candidate said they would support her, with Totten saying he would work with the Department of State Police to make sure her and other representatives can express opinions and feel safe.
Questions on surveillance of Arab and Muslim communities were also a concern for the organization, which asked about legal strategies to address profiling. McDonald said it was blatantly unconstitutional and that it was important to keep the attorney general’s seat in Michigan Democratic so the state could continue to file suits against President Donald Trump, if necessary, on issues like this.
State-level responses from attorney generals to the conflict in Gaza, specifically using legal tools to call for a ceasefire, were also discussed.
Totten said he “wants to use every power” available to help to solve these problems, not just the formal powers of court, but also the microphone of the platform. He said the situation in Gaza is “horrendous and immoral.”
Savit said the conflict in Gaza needs to stop now, and, although he does not have the power as an attorney general to stop it, the best thing he can do is protect free speech here about what is happening overseas.
McDonald instead focused on her record of charging hate crimes in her county during the recent rise of Islamophobia.
Other topics included how to build back trust in Arab and Muslim communities with the Democratic Party, how to fight mass incarceration, how to ensure fair elections and if they would commit to continuous town halls.
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