Two federal agents showed up on David Streever’s porch in Rochester, New York, after U.S. Immigration and Customs Enforcement (ICE) sought him out over a critical email. The agents’ visit followed efforts to track him down at an airport and a hotel. This search was part of a broader investigation into the email he sent to the former head of ICE five months prior.
Federal officials defend these investigations, stating in court filings that the case against Streever closed by the end of June. This follows a First Amendment lawsuit he filed against the Department of Homeland Security (DHS) and ICE. Streever sent a scathing email to Todd Lyons, then acting director of ICE, comparing him to a Nazi and foreshadowing that his conscience would trouble him.
The agents handed Streever’s wife a warning notice for him to sign. It stated that he might have violated federal law and warned of possible legal consequences. Streever is suing, arguing this infringes upon his First Amendment rights and caused him to self-censor. His legal representation from the Foundation for Individual Rights and Expression (FIRE) seeks to block further intimidation or retaliation.
The federal government contends that the lawsuit should be dismissed. Lawyers from the U.S. Attorney’s office emphasize that such investigations are necessary due to rising threats against public officials. The government claims that investigatory visits and warnings are essential tools, not a violation of free speech rights.
In-person investigatory visits from law enforcement—accompanied by prophylactic warnings about federal law—are a critical tool in the investigative and preventative process, and they do not violate the First Amendment,
reads the filing.
Significantly, the filing does not classify Streever’s email as a prosecutable threat, nor indicates any writings beyond the email prompted the investigation. Adam Steinbaugh, his attorney, argues this acknowledgment indicates a troubling stance on protected political speech.
Streever’s email harshly criticized Lyons, predicting shame and torment for his actions. ICE’s assistant director for investigations, Brent Goodwin, declared the email presented possible safety concerns, prompting the investigation. Agents traveled over 330 miles from Jersey City to question Streever in Rochester.
When agents couldn’t find Streever at his home, they followed his return flight to John F. Kennedy International Airport. After missing him there, they unsuccessfully attempted to locate him at his hotel. The case closed shortly afterward, as noted by Agent Abbi Henry, with the Syracuse newspaper and NPR already covering the story.
According to Steinbaugh, this case could impact the freedom of Americans to criticize public officials without fear of government retaliation, raising concerns about abuse of power.