Man Sues Federal Government After Agents Track Him Down Over Angry Email

David Streever sent an angry email to a federal immigration official in January 2026. Five months later, federal agents showed up at his home in Rochester, New York. Then they found him at a hotel near an airport in another state. Now Streever is suing the Department of Homeland Security, claiming the government punished him for speaking his mind.
Streever filed his lawsuit on July 6, 2026. He's arguing that his email was protected speech and that federal agents had no right to track him down, according to NPR.
The lawsuit is called Streever v. Mullin et al. and was filed in federal court in Washington, D.C. It names Homeland Security Secretary Markwayne Mullin and six other federal officials as defendants. A free speech nonprofit called FIRE is handling the case.
What Streever Wrote
On January 26, 2026, Streever sent an email to Todd Lyons, who was running U.S. Immigration and Customs Enforcement. The email was harsh. Streever compared Lyons to a Nazi. He also wrote that he believed Lyons would feel guilty about his actions someday. Streever wrote the email after federal immigration agents in Minneapolis shot and killed two American citizens who were watching an immigration operation.
About five months passed. Then on June 23, two federal agents showed up at Streever's house. He wasn't home — he was in Finland with his 7-year-old daughter at a theme park. The agents left a document at the house. It said "WARNING NOTICE" and told Streever he might be breaking federal law. The notice said immigration officials believed his email might be a threat to a federal employee.
Two days later, on June 25, another federal agent found Streever staying at a hotel near JFK Airport in New York. The agent left a business card at the front desk. The lawsuit doesn't explain how the agent knew where Streever was staying. He also left Streever a voicemail, per WUNC: "Hi, this is Homeland Security Investigations looking for David Streever."
A reporter at NPR first published the story on July 1, 2026. Streever also shared a photo of the agents with the Associated Press. The AP reported that other people in New York got similar warnings after criticizing immigration officials.
The Legal Question
The core question in the lawsuit is straightforward: Is Streever's email protected speech?
Under the First Amendment, Americans have the right to criticize government officials and the policies they carry out. The government is only allowed to punish someone for a threat if it's a real threat — not just harsh words or criticism. Courts use a specific test to decide what counts as a real threat.
The test comes from a Supreme Court case called Counterman v. Colorado (2023). Under that test, the government has to prove that when someone sent a message, they were at least reckless about whether the other person would see it as a threat. In other words, the person would have to send the message knowing there was a good chance it would scare the person receiving it.
Streever's email was different. He sent three paragraphs to the official's work email address comparing him to a historical figure and saying he'd feel guilty someday. The lawsuit argues this kind of message is not a real threat. Courts have not usually treated similar messages as threats.
Streever's lawyer also points out that Todd Lyons, the official Streever emailed, had already quit his job by the time agents contacted Streever.
Why This Case Matters
Several details in this case stand out. There was a five-month wait between when Streever sent the email and when agents showed up. Federal agents then traveled to catch him in another state. The agents also seemed to track where he was — even though his family had not told them.
These details raise a question: Did the government go after Streever because he criticized a federal official? If so, that would be illegal. The court will look at internal government records to find out who ordered the investigation and why.


