Pro-Hamas Student Group That Cheered Oct. 7 Massacre Wants to Defend Harvard in Legal Fight Against Trump

A pro-Hamas student group whose campus activism heightened scrutiny of antisemitism and far-left extremism at Harvard University has filed an amicus brief in support of a lawsuit the school filed to halt the Trump administration’s confiscation of its taxpayer-funded grants and contracts.

Legal counsel for the Palestine Solidarity Committee (PSC), provided by the controversial Palestine Legal nonprofit, submitted the document on Monday to the US District Court for the District of Massachusetts, The Algemeiner has learned. Endorsing Harvard’s push for a summary judgement in its favor, the court filing argues that the school’s alleged neglecting to restrict antisemitic demonstrations did not violate the civil rights of Jewish students.

“The expression of views critical of Israel — even where it personally offends — is not actionable harassment under Title VI [of the US Civil Rights Act],” wrote Palestine Legal attorney Radhika Sainath. “Defendants have not specifically alleged what actions they believe created a severe or pervasive hostile environment for Jewish students in violation of Title VI — or what educational programs or activities were limited or denied by such acts.”

Sainath continued, comparing Jewish Zionists to segregationists who defended white supremacy during Jim Crow, while comparing anti-Zionists — who have been trafficking racial slurs and epithets about African Americans on social media during the Gaza war — to the civil rights activists of the 1960s.

“Many white parents who supported segregation were discomforted — even frightened — by the prospect of Black children attending schools with their children. But advocacy for the rights of Black Americans to live as equal citizens was not anti-white any more than advocacy for the equal rights of Palestinians is anti-Jewish,” Sainath charged. “In fact, it is opposition to equal rights of Black people that is discriminatory, just as opposition to equal rights for Palestinians is discriminatory.”

The PSC’s entrance into Harvard’s historic legal fight with the Trump administration comes 20 months after it prompted worldwide outrage and condemnation for endorsing Hamas’s Oct. 7, 2023, massacre across southern Israel in a statement which alleged that “millions of Palestinians in Gaza have been forced to live in an open-air prison.”

Mere hours after images and videos of Hamas’s atrocities — which included sexual assaults, abductions, and murders of the young and elderly — spread online, the campus group said, “The coming days will require a firm stand against colonial retaliation. We call on the Harvard community to take action to stop the ongoing annihilation of Palestinians.”

Those remarks triggered a cascade of events in which Harvard was accused of fostering a culture of racial grievance and antisemitism and important donors suspended funding for various programs. Additionally, the school’s first Black president, Claudine Gay, resigned in disgrace after being outed as a serial plagiarist. Her tenure was the shortest in Harvard’s history.

More incidents followed over the next several months. In one notorious episode, a mob of anti-Zionists — including Ibrahim Bharmal, editor of the prestigious Harvard Law Review — were filmed following, surrounding, and intimidating a Jewish student. A pro-Hamas faculty group also shared an antisemitic image depicting a left-hand tattooed with a Star of David, containing a dollar sign at its center, dangling a Black man and an Arab man from a noose.

Meanwhile, Harvard acted disingenuously to deceive the public and create a false impression that it was working to combat antisemitism, according to a shocking report issued by the US House Committee on Education and the Workforce. One section of the report claimed that the university formed an Antisemitism Advisory Group (AAG) largely for show and did not consult it in key moments, including when Jewish students were harassed and verbally abused. So frustrated were a “majority” of AAG members with being part of what the committee described behind closed doors as a public relations facade that they threatened to resign from it.

The slew of incidents made Harvard University the face of campus antisemitism and a major target for a surging conservative movement, led by US President Donald Trump, which blamed elite higher education for declining civic patriotism, the rise of antisemitic violence across the US, and the spread of “woke” ideologies which undermine faith in liberal, Western values. After Trump won a historic second, non-consecutive term in office, the school was, within a matter of months, pummeled by a volley of punitive measures, including the confiscation of some $3 billion in federal funds.

“Harvard is an Anti-Semitic, Far Left Institute, as are numerous others, with students being accepted from all over the World that want to rip our Country apart,” Trump said in April, writing on his Truth Social media platform. “The place is a Liberal mess, allowing a certain group of crazed lunatics to enter and exit the classroom and spew fake ANGER and HATE [sic]. It is truly horrific. Now, since our filings began, they act like they are all ‘American Apple Pie.’ Harvard is a threat to democracy.”

In suing the administration to stop the actions, Harvard said the Trump administration bypassed key procedural steps that must, by law, be taken before sequestration of federal funds is enacted. It also charged that the administration does not aim, as it has publicly pledged, to combat campus antisemitism at Harvard but to impose “viewpoint-based conditions on Harvard’s funding” — an argument it supported by pointing to the funding freeze being connected to Trump’s calling for “viewpoint diversity in hiring and admissions,” the “discontinuation of [diversity, equity, and inclusion, or DEI, initiatives],” and “reducing forms of governance bloat,” a wishlist of conservative policy reforms.

Now, PSC is defending Harvard by arguing that the very policies which set off what is arguably the most tumultuous period in Harvard’s history should be preserved. Drawing more comparisons to unrelated political conflicts, Sainath called for both ruling in Harvard’s favor and rescinding the university’s recent adoption of the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism.

“Though the university purports to be addressing antisemitism, conflating criticism of Israel with antisemitism via a politicized definition does not make it so, any more than it would be an act of anti-Russian discrimination to protest Russia’s invasion of Ukraine or anti-Hindu discrimination to protest India’s human rights violations in Kashmir,” she concluded. “Indeed, it is only Palestinians on campus, and those advocating on their behalf, who are constrained from engaging in political critiques of their own peoples’ subjugation, dispossession, and killing.”

Other entities have come rushing to Harvard’s defense by citing different reasons for restoring Harvard’s federal funding that stayed clear of Palestine Legal’s arguments seemingly justifying calls for a genocide in Israel. In another amicus brief, attorneys Daniel Cloherty, Victoria Steinberg, and Alexandra Arnold stressed on behalf of two dozen American colleges and universities — including Brown University, Yale University, the University of Pennsylvania, the Massachusetts Institute of Technology (MIT), and Dartmouth College — the importance of the federal government’s role as a benefactor of higher education.

“For over 80 years, the federal government has invested heavily in scientific research at US universities,” the attorneys wrote. “This funding has fueled American leadership at home and abroad, yielding radar technology that helped the Allies win World War II, computer systems that put human on the Moon, and a vaccine that saved millions during the global pandemic.”

They added, “Broad cuts to federal funding endanger this longstanding, mutually beneficial arrangement between universities and the American public. Terminating funding disrupts ongoing projects, ruins experiments and datasets, destroys the careers of aspiring scientists, and deters investment in the long term research that only the academy — with federal funding — can pursue, threatening the pace of progress and undermining American leadership in the process.”

Follow Dion J. Pierre @DionJPierre.

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