Two federal agents in blue jackets stand on David Streever’s porch at his home in Rochester, N.Y.
David Streever
hide caption
toggle caption
David Streever
U.S. Immigration and Customs Enforcement (ICE) agents pursued a New York resident, David Streever, at his home, an airport, and a hotel after he emailed a critical message to a former ICE leader. Federal authorities are defending their actions in court documents, even though the investigation concluded in June.
NPR previously reported on Streever’s situation and his First Amendment lawsuit against the Department of Homeland Security and ICE officials. On June 23, two ICE agents visited Streever’s home in Rochester to inquire about an email he sent to Todd Lyons, the former acting director of ICE, in January. The email, written after federal agents shot two U.S. citizen observers in Minneapolis, compared Lyons to a Nazi and suggested he would be troubled by his actions.
The agents left a warning notice with Streever’s wife, indicating he might have violated federal law and listing laws against threatening federal officials. Streever believes this action forced him into self-censorship and violated his First Amendment rights. His legal team, from the Foundation for Individual Rights and Expression (FIRE), has petitioned a federal judge to prevent DHS and its affiliates from further intimidating or retaliating against Streever for his speech.
The federal government is seeking to dismiss the case, arguing that the relief Streever seeks would hinder governmental investigations. According to a brief from the U.S. Attorney’s office in Washington, D.C., such investigations are justified by rising threats against public officials. The brief asserts that in-person visits and warnings about federal law are vital for prevention and do not breach the First Amendment.
The filing does not claim that Streever’s email posed a prosecutable threat nor that he made any additional communications prompting the investigation. Adam Steinbaugh, a FIRE attorney representing Streever, commented that the government has essentially acknowledged the email as protected political speech, yet proceeded with warnings, which he argues is contrary to First Amendment principles.
The email, titled “What’s next,” condemned Lyons as a “monstrous human being,” likening him to Nazi official Reinhard Heydrich. It predicted Lyons’ downfall and internal torment over his actions.
Brent Goodwin, ICE’s assistant director for investigations, explained in a court declaration that the email was flagged due to its potentially threatening tone and safety concerns for ICE personnel. As a result, an investigation was deemed necessary.
Goodwin’s declaration noted that agents from Jersey City traveled over 330 miles to Rochester to question Streever, only to find he was in Europe. They tracked his return flight to confront him at John F. Kennedy International Airport on June 25. After clearing customs without issue, the agents sought his hotel information but were unable to contact him there. The investigation was summarized by Special Agent Abbi Henry on June 30, stating that all leads had been exhausted, leading to the case being closed.
By this time, local media in Syracuse and NPR had covered the case, prompting queries to DHS. Steinbaugh warns that broader implications exist for Americans if the government can issue warning notices to those who criticize ICE online.
