On October 3, 2025, the American Freedom Law Center filed an Emergency Application for Writ of Injunction in the U.S. Supreme Court, seeking to enjoin the Oakland County Prosecutor’s unlawful prosecution of Andrew Hess for allegedly violating Michigan’s “terrorist threat” statute—a 20-year felony.
Earlier that week, the U.S. Court of Appeals for the Sixth Circuit denied our motion for injunction pending appeal, prompting this emergency filing in the High Court.
Make no mistake. The purpose of this prosecution is to chill the speech of those who may want to criticize the way election officials (mostly Democrats in power in Michigan) are conducting elections.
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 a near-empty lobby where he was overheard by a secretary sitting at her desk making the comment, “Hang Joe for treason.” The comment was made in conversational tone, and the secretary admitted that the she was not part of the conversation and that she did not perceive any imminent threat. Moreover, there were no election officials in the lobby, including Joe Rozell (the “Joe” allegedly referred to in the comment)—the Oakland County director of elections.
The secretary eventually reported it 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 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 explained that he was accusing Joe of a crime for cheating on the elections.
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, 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, in an empty lobby overheard by a receptionist was a terrorist threat was absurd to any reasonable person.
Unfortunately, the Oakland County Prosecutor, a Democrat, is not a reasonable person. She filed a felony complaint against Hess in April 2024. It was dismissed without prejudice, so we filed a federal civil rights lawsuit against the Oakland County, the prosecutor, the Sheriff, and other officials.
We were informed on September 25, 2025, that the Prosecutor will be reinstituting the felony charge, prompting these filings for an injunction.
This prosecution is a serious violation of the First Amendment.