(Detroit, MI – March 10, 2025) Today, the American Freedom Law Center (AFLC) filed a federal civil rights lawsuit in the U.S. District Court for the Eastern District of Michigan against Oakland County; Karen McDonald, the Oakland County Prosecutor; Michael Bouchard, the Oakland County Sheriff; Matthew Peschke, an Oakland County deputy; and Joe Rozell, the Director of Elections for Oakland County, arising out of the unlawful prosecution and defamation of Andrew Hess.
The American Freedom Law Center is representing Hess in this civil rights lawsuit.
The federal lawsuit was filed on the heels of the dismissal of the felony charge against Hess for allegedly making a “terrorist threat.” On March 6, 2025, the 50th District Court in Pontiac, Michigan dismissed the charge as a result of a motion filed by AFLC in the court. The dismissal was prompted by a ruling last month by the Michigan Court of Appeals, which held that the “terrorist threat” felony statute at issue was facially unconstitutional.
AFLC Co-Founder and Senior Counsel Robert Muise commented:
“For over a year, Andy Hess has been subject to a patently unconstitutional prosecution.  This malicious prosecution deprived him of his fundamental rights. He has been defamed, and he and his family have suffered great pain, emotional distress, and financial harm as a result of this abuse of government power.
Indeed, this politically-driven prosecution by the Oakland County Prosecutor was designed and intended to chill the speech rights of election challengers, such as Andy, to prevent them from questioning the integrity of elections and the actions of election officials prior to the 2024 general election. President Trump ended the weaponization of government and abuse of power at the federal level. Through this lawsuit, we seek to stop it at the state level.”
During a contentious recount on December 15, 2023, Hess allegedly exited the recount, which was being held in the Elections Division Training Room inside the Oakland County Courthouse, and went into the empty lobby where he was overheard by a secretary making the comment, “Hang Joe for treason.”
The comment was made in conversational tone, and the secretary admitted that she was not part of the conversation. Moreover, there were no election officials in the lobby, including Joe Rozell (the “Joe” allegedly referred to in the “threat”)—the director of elections for Oakland County.
The secretary eventually reported what she overheard to the County deputy sheriffs on duty. But this was only after some delay as the secretary believed that her job as a receptionist was of greater import than immediately reporting this alleged “threat” to law enforcement.
The secretary provided a written statement in support of her complaint, and Hess was questioned by the senior deputy on duty. When confronted by the deputy, Hess unequivocally denied threating the life of Joe Rozell, and he explained that he was simply accusing Joe of a federal crime for cheating on the election.
Hess was not arrested, he was not detained, he was not even asked to leave the premises. In fact, he was allowed to go back into the recount room where Joe Rozell—the alleged target of this terrorist threat—was located, and Hess proceeded to make a speech during the public comment period.
During his speech, Hess stated that in his opinion, cheating on elections is treason under federal law and should be treated as such. Deputies stood by (arms folded) and watched Hess express his comments (i.e., exercise his First Amendment rights).
At no time was Hess arrested, detained, or even searched. He obviously was not carrying any rope or constructing a gallows on the premises. Law enforcement did not evacuate the building, call for reinforcements, conduct a security sweep of the building, nor provide any special security detail for Joe Rozell.  Nothing. And the reason is simple: the very idea that this offhand comment, which is political hyperbole at best and protected by the First Amendment, uttered in an empty lobby and overheard by a receptionist was a terrorist threat was absurd to any reasonable person.
Unfortunately, the Oakland County Prosecutor, a radical left-wing Democrat, is not a reasonable person.  And now she and the others responsible for this abuse of power are defendants in Hess’s civil rights lawsuit, in which he is seeking, among other things, damages for the harm caused to him and his family by the unlawful actions of these government officials.
Complaint - w Exhibits - Filed