University of Michigan Board Invokes AG for Campus Protest Prosecutions, Sparking Concerns of Conflict of Interest

 

In an unprecedented move, the University of Michigan’s governing board recently called on Michigan Attorney General Dana Nessel to prosecute students involved in pro-Gaza protests on campus. The university bypassed local prosecutors, citing frustration with their perceived leniency, and opted instead to approach Nessel, whose connections with some regents have raised concerns of potential conflicts of interest. The Guardian reports that many of the board members have longstanding personal, political, or financial relationships with Nessel, with six of the eight members contributing over $33,000 to her campaigns.

The regents’ decision to involve the state’s attorney general over local authorities sparked questions. Data analyzed by The Guardian reveals Nessel’s office has pursued charges against 85% of arrested protesters, a stark contrast to local prosecutors, who charged significantly fewer cases. By intervening, Nessel’s office has taken a unique step, with former San Francisco prosecutor Chesa Boudin remarking that this shift could lead to public distrust due to the potential appearance of bias.

A statement from Nessel’s office countered allegations of favoritism, pointing out that any suggestion campaign donations influence prosecutorial decisions was unfounded and disrespectful. The statement also emphasized the multi-jurisdictional nature of the alleged crimes, which, according to Nessel, warranted her office's involvement.

The university’s reliance on the attorney general has faced scrutiny. Some university officials view it as an overreach, with the ACLU of Michigan expressing "significant concern" over using state-level authority to issue minor charges related to campus protests. Yet the university’s actions reportedly stemmed from dissatisfaction with Washtenaw County Prosecutor Eli Savit, whose progressive stance led him to drop or redirect most cases to diversion programs.

Critics, including activists and legal observers, question whether Nessel’s personal ties and contributions from pro-Israel groups create a potential bias. Notably, donations from U-M regents, pro-Israel Democrats, and organizations affiliated with Nessel have added to these concerns. One pro-Gaza student leader described this as a coordinated effort to suppress pro-Palestinian advocacy on campus.