Michigan AG Dana Nessel Directed Investigations Targeting Private Citizens for Public Speech About Sworn Election Testimony – Viewpoint-Based Criminal Investigation Under Color of Law (MI)

[Disputed Fact – As to whether any formal criminal charges were brought or whether investigations were ultimately closed] Michigan Attorney General Dana Nessel, acting in her official capacity and in coordination with the Michigan State Police, launched investigations between November 2020 and July 2021 targeting private citizens who had spoken publicly about election irregularities – specifically including individuals who had submitted sworn affidavits and testimony to Michigan legislative committees regarding their personal observations of election administration problems. The targets of these investigations had not been found to have committed any crime; they were investigated because of the content of their political speech and their sworn legislative testimony. The use of official prosecutorial and law enforcement resources to investigate citizens for the content of their political speech and sworn government testimony – rather than for any specific unlawful act – raises some of the most serious civil rights concerns in the information control context. A prosecutor who opens investigations based on the viewpoint expressed in a citizen’s speech, rather than on evidence of a specific crime, acts under color of law to chill protected First Amendment activity. This conduct may implicate 18 U.S.C. § 242 (deprivation of rights under color of law by a person acting as a state official), and if coordinated with federal agencies or other states’ officials, 18 U.S.C. § 241 (conspiracy against rights).