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CRAIG M. DeROCHE

June 28, 2006

The Honorable Michael Cox
Attorney General of Michigan
G. Mennen Williams Building, 7th Floor
525 W. Ottawa St. P.O. Box 30212
Lansing, Michigan 48909

Dear Attorney General Cox:

We are writing to request that your office investigate the activities of the Michigan Civil Rights Commission (CRC) and Department of Civil Rights (DCR) in their efforts to investigate the Michigan Civil Rights Initiative (MCRI). We believe the CRC, in conducting its investigation, negligently or wantonly may have exceeded its constitutional and statutory investigation powers.

We have reviewed Mich. Const. 1963 Art. V, § 29 and MCL 37.2601 et seq. While the CRC clearly has the authority to investigate "discrimination against any person because of religion, race, color or national origin in the enjoyment of the civil rights guaranteed by law and by this constitution," we do not see where it derives the authority to equate petition gathering with a civil rights violation. Indeed, by subjecting those engaged in legitimate political activities to investigation and intimidation, all because several adults–including numerous judges–claimed that they did not understand the petition they signed, the CRC is engaged in a dangerous suppression of political speech. Rather than encouraging the exercise of rights, the CRC is seeking to harass and tarnish those who dare exercise those rights.

We are increasingly concerned that the administration, through the actions of the CRC and DCR and other subsidiaries and supporters, is attempting to suppress the petitioning rights of citizens. Citizens collecting signatures to repeal the Single Business Tax were harassed by Granholm-supported 'blockers' who were paid to follow petitioners and dissuade citizens from signing.

Now, the administration appears to be blatantly supporting political action and policies that treat citizens of Michigan differently based on their race or ethnicity.

We are requesting that your office conduct an independent, objective audit, pursuant to your authority under Art. IV, §53 of the Michigan Constitution, of the CRV's "investigation" of the MCRI. Did the CRC have the constitutional and statutory authority to conduct this investigation? Did the CRC have the authority to claim that the MCRI petition circulators committed fraud? Finally, did CRC improperly expend public funds in its attacks on MCRI's signature collection practices?