Two federal agents appeared on the front porch of David Streever’s home in Rochester, N.Y. They were seeking him concerning a critical email he sent months earlier. This email, addressed to a former ICE director, prompted an investigation.
After Streever emailed the former acting director of ICE, Todd Lyons, in January, the authorities acted. The email was a response to an incident where federal officers shot two citizens. Streever likened Lyons to a Nazi, predicting inner turmoil for him.
Federal officials defended their investigation into Streever in court records. His case was closed by the end of June. NPR previously reported on Streever’s situation and the First Amendment lawsuit he filed.
Streever sued, claiming that the investigation inhibited his free speech rights. The Foundation for Individual Rights and Expression (FIRE) supports his case. They request the court to block any further intimidation by DHS and ICE.
The government seeks to dismiss the case, citing a need to investigate rising threats against officials. According to a brief by the U.S. Attorney’s office, such visits and warnings are vital to threat assessment without violating free speech rights.
Attorney Adam Steinbaugh from FIRE noted that the government didn’t define Streever’s email as a prosecutable threat. He argued that recognizing protected speech while issuing warnings is alarming and contrary to First Amendment principles. The email Streever sent accused Lyons of being monstrous and predicted shame and despair for him.
Brent Goodwin, from ICE’s Office of Professional Responsibility, justified the investigation. He noted potential threats in Streever’s email and a lack of prior information on him. Agents traveled over 330 miles to question Streever but found he was abroad. They tried contacting him upon his return but were unsuccessful.
The investigation closed on June 30, following attempts to contact Streever at an airport and hotel. Steinbaugh emphasized the broader implications for free speech, questioning the standard for issuing warning notices.