Assistant state AG accused of harassing gay student fired from post

By The Associated Press An assistant state attorney general accused of harassing the gay student assembly president at the University of Michigan was fired Monday.

Andrew Shirvell, 30, went on leave about a month ago after national criticism erupted over a blog he wrote characterizing student leader Chris Armstrong as a "racist" and a "liar" who promoted a "radical homosexual agenda."

Shirvell's attorney has said his actions were constitutionally protected as free speech. Shirvell had attended the first day of a disciplinary hearing Friday and expected that hearing to continue later this week, but then was called in and fired.

Cox said the firing came after a state investigation revealed that Shirvell "repeatedly violated office policies, engaged in borderline stalking behavior and inappropriately used state resources."

"To be clear, I refuse to fire anyone for exercising their First Amendment rights, regardless of how popular or unpopular their positions might be," Cox said in a statement.

But he said Shirvell's conduct went beyond free speech when he showed up three separate times outside Armstrong's Ann Arbor home, including once at 1:30 a.m.

"That incident is especially telling because it clearly was about harassing Mr. Armstrong, not engaging in free speech," Cox said.

Armstrong, 21, has accused Shirvell of videotaping a late-night party at his off-campus house, showing up at campus appearances with a sign that read "racist" and "liar," and lambasting him on his blog. Armstrong had filed for a personal protection order against Shirvell but withdrew that request late last month.

His lawyer applauded the decision and said the state should go further and revoke Shirvell's law license.

"This clearly is the correct decision by the attorney general's office," Deborah L. Gordon said in a statement. "The next step must be a complete retraction of all the malicious lies and fabrications by Mr. Shirvell, and a public apology to Mr. Armstrong, his family and others Mr. Shirvell has slandered."

Shirvell's lawyer, Philip Thomas, said his client has not yet decided if he will appeal the decision to the Michigan Civil Service Commission.

"It was very obvious something political had occurred, and I couldn't imagine what that would be," Thomas said.

Cox said the investigation found that Shirvell harassed Armstrong's friends as they were socializing in Ann Arbor and made numerous calls to U.S. House Speaker Nancy Pelosi's office while Armstrong was working there as an intern "in an attempt to slander Armstrong — and ultimately attempting to cause Pelosi to fire Armstrong," Cox said. He added that Shirvell attempted to "out" Armstrong's friends as being homosexual, even though several weren't gay.

The investigation revealed that while at work during normal business hours, Shirvell called Pelosi's office and posted attacks on Armstrong on the Internet. He also lied to investigating assistant attorneys general on several occasions during Friday's disciplinary hearing, Cox said.

"The cumulative effects of his use of state resources, harassing conduct that is not protected by the First Amendment and his lies during the disciplinary conference all demonstrate adequate evidence of conduct unbecoming a state employee," Cox said.

Shirvell, one of about 250 lawyers in the attorney general's office, handled cases in which convictions are appealed in federal court, writing defenses for the state. It was not a management or supervisory position.

The 2002 University of Michigan graduate is allowed on university's Ann Arbor campus but with restrictions. He's not allowed to make physical or verbal contact with Armstrong nor can he be in the same place as the student when it's likely Armstrong will be present.

Michigan’s Gay-Bashing Assistant AG Andrew Shirvell Takes Leave Of Absence

By Ben Armbruster Michigan’s Assistant Attorney General Andrew Shirvell has gained national attention recently for his bizarre crusade to smear Chris Armstrong, an openly gay student assembly president at the University of Michigan. Shirvell operates a website dedicated solely to attacking Armstong’s “radical homosexual agenda” and has called the student “Satan’s representative” and a “privileged pervert.” Armstrong is even seeking a restraining order against Shirvell because of “several instances where Shirvell showed up at his home or other places he was at to protest against him.”

Shirvell told CNN host Anderson Cooper this week that he believes he has done nothing wrong. “I don’t have any hate in my body at all,” he said. And although the state’s Attorney General Mike Cox conceded that Shirvell is a “bully,” he refuses to discipline him. The Detroit News reported this morning that Cox had suspended Shirvell, but the paper has since pulled the story. Shirvell instead is reportedly taking a voluntary leave of absence:

Michigan Assistant Attorney General Andrew Shirvell has taken a voluntary leave of absence after generating national attention over a controversial blog that ridicules and denounces the University of Michigan’s student body president.

Joy Yearout, a spokeswoman for Michigan Attorney General Mike Cox, said this morning that media reports saying Cox suspended Shirvell were inaccurate.

“If I was still Attorney General and Andrew Shirvell worked for me, he would have already been fired,” Michigan Gov. Jennifer Granholm (D) tweeted yesterday. In its article that has been pulled, the Detroit News reported that Cox fired back at Granholm for the tweet. “I don’t know why she’s so freaking irresponsible. … she went to Harvard Law School,” Cox said. “The civil service rules are a huge shield for free speech and she knows that.” (Legal experts have said that Cox has a case to dismiss Shirvell.)

Michigan Attorney General candidate David Leyton issued a statement calling on his opponent to join him in pushing Cox to reprimand Shirvell. “This type of conduct is unbecoming of the attorney general’s office,” he said. “I am asking Bill Schuette to set aside partisan politics and join me in demanding that Mike Cox fire his bullying lackey.” And as of this morning, nearly 9,000 Facebook users had joined the “Fire Andrew Shirvell” Facebook group.

Michigan AG Mike Cox Refuses To Discipline Deputy For Anti-Gay Hate Speech

By Ben Armbruster

For nearly six months, Michigan’s assistant attorney general Andrew Shirvell has been engaging in a bizarre internet campaign against Chris Armstrong, an openly gay student assembly president at the University of Michigan. Shirvell has attacked Armstrong’s “radical homosexual agenda” and has published posts on his blog “Chris Armstrong Watch” with photoshopped pictures of Armstrong with rainbow flags and swastikas. This week on CNN, Shirvell maintained the legitimacy of his campaign against Armstrong, saying, “I don’t have any hate in my body at all.”

CNN’s Anderson Cooper last night asked Shirvell’s boss, Michigan Attorney General Mike Cox, if Shirvell should be reprimanded in any way for his actions. “We have this thing called the First Amendment, which allows people to express what they think,” Cox said defending Shirvell.

Cooper noted that Cox has even “made Internet safety one of the main initiatives” of his department and has “done public service announcements” on cyber-bullying. Cox conceded that Shirvell is bullying Armstrong but added that his actions are protected by the First Amendment. When Cooper said that CNN legal analyst Jeffry Toobin had suggested that Cox’s reluctance to discipline Shirvell was because he’s a political ally, Cox attacked Toobin:

COX: Well, you know, Mr. Toobin reminds me of the old joke, “I’m not a lawyer, but I play one on TV,” because he clearly didn’t read any of the Supreme Court case that I cited for you.

COOPER: He’s a former federal prosecutor, but you’re saying politics has nothing to do with this?

COX: But that — you know, that doesn’t mean anything, Anderson. He’s not in the ring every day practicing law. He’s spending time on CNN. And it’s a pretty good gig. I wish I had it.

Watch the interview:

“I’m sorry he’s not a fan,” Toobin said later on the program, adding that “the direction the [Supreme] Court is moving is towards less and less free speech protection for stuff that is a heck of a lot less offensive than the stuff” coming from Shirvell. Noting that Shirvell had actually picketed outside Armstrong’s house, legal scholar Jonathan Turley said, “That comes very, very close to stalking. There could be civil liability here. And I think that that moves this away from free speech into conduct. And that does — that is a legitimate basis for discipline. ”

Update This post has been updated with the correct spelling of Michigan Assistant Attorney General Andrew Shirvell's surname.