Enforce The Anti-Terrorism Act And End Hamasnik Campus Uprisings
An anti-Israel encampment at Columbia University. Photo: Abbad Diraneyya. CC 1.0
1/12/2025, 2:20:18 PM
In the days following the appalling atrocities committed by Hamas on October 7, 2023, there was a symbiotic virtual uprising that occurred on many US college campuses in support of Hamas and its goals.
The basic playbook followed was reportedly developed by sponsors and affiliates of Hamas. It included intimidation and harassment of Jews and even physical assaults on them. Campus buildings were taken over and encampments created, which excluded those of Jewish faith and prevented them from accessing educational and other facilities on campus, as well as disrupting educational functions.
There were also raucous marches, abhorrent signs and ugly rhythmic chants that euphemistically or outright called for the destruction of Israel, as well as the US. This included the near ubiquitous themes of ‘Globalize the Intifada’, ‘From the River to the Sea’ and ‘By Any Means Necessary’.
Support was loudly expressed for Hamas and its goals, including explicitly identifying as Hamas and celebrating or justifying Hamas’ murderous genocidal rampage, horrendous atrocities, kidnappings and sadistic sexual assaults, as acts of resistance. In this regard, it is critical to appreciate that the aggressive conduct by Hamasniks in support of Hamas is not limited to students. Professors and other staff at colleges and universities, as well as others outside of academia also participated or promoted the Hamasnik program.
Academics also defended the offenders and insulated them from any meaningful accountability for their obnoxious and often illegal behavior. It also appears that governmental authorities having jurisdiction did not effectively enforce Title VI and other applicable laws to sanction the wrongdoers and deter further violations. Hopefully, the newly elected administration will do a better job of addressing and actually solving the problem.
As a result of government inaction, a number of civil actions were commenced seeking to enforce Title VI. In what amounts to a striking rebuke to the fecklessness of universities, colleges and governmental authorities, in one such civil action against UCLA, a Federal District Court enjoined UCLA against knowingly allowing or facilitating the exclusion of Jewish students (including based on Jewish beliefs concerning the Jewish State of Israel) from ordinarily available portions of UCLA’s programs, activities, and campus areas.
While Title VI is a powerful tool designed to deal with the malfeasance and misfeasance of universities and colleges, the problem identified is a deeper one. The shocking epidemic of hate, harassment and even violence targeting Jews is not limited to US campuses. It is a veritable pandemic of antisemitism that infected the streets of cities both in the US and Europe.
However, we must not have tunnel vision. This veritable explosion of hate must also be viewed through a lens with a global and historical perspective. As Rabbi, Lord, Dr. Jonathan Sacks Z”L so profoundly said:
“The hate that begins with Jews never ends with Jews…nor is it Jews alone suffering from the ruthless pursuit of power that today masquerades as religion. Christians are under assault in more than a hundred countries: put to flight in Syria, driven out of Mosul, removed from Afghanistan, butchered, beheaded and terrorised elsewhere. Hundreds of Muslims are dying daily, 90 per cent at the hands of fellow Muslims. Bahais, Buddhists, Hindus and Sikhs have all suffered their own tragedies. Yazidis are on the brink of the abyss. The world is awash with hate across religious divides.”
Indeed, as so many irresponsible dilettantes in the world recklessly focus on inventing new definitions of the term genocide in order to libel Israel in its defensive war with Hamas, actual genocide is being committed by the Sudanese Armed Forces (under the leadership of Mohammad Hamdan Daglo Mousa, known as Hemedti) and allied Arab militias. This was confirmed by a determination made by the US State Department and announced in a Press Statement by Secretary Blinken, dated January 7, 2025.
We ignore Rabbi Sack’s cogent lesson and wisdom at our peril. How else to explain the recent murderous rampage in New Orleans by a fanatical Americanborn convert to radical Islamist terrorism? Is it any wonder that when students engage in outrageous conduct of the sort summarized above, with relative impunity, it serves to embolden others to mimic and even outdo their nefarious behavior and deeds?
The fact of the matter is that identifying with or supporting a designated foreign terrorist organization (FTO) raises all sorts of security concerns. Moreover, the noxious nexus between hatred of Jews and Israel and hatred of the US is pronounced, potent and poisonous. Consider, for example, the matter involving two leaders of the so-called Students for Justice in Palestine (SJP) at George Mason University. SJP is involved in anti-Israel activism on campuses and also reflects a pro-Hamas terrorism point of view. Police found firearms, a great deal of ammunition, pro-terrorist materials and foreign passports in their family home. The pro-terrorist materials included Hamas and Hezbollah flags and signs calling for ‘death to America’ and ‘death to Jews’. The pattern of linkage is repetitive, glaring and unmistakable.
We must also recognize the national security concerns implicated that fall within the purview of the US Anti-Terrorism Act (18 USC 2339A-2339B). Hamas and Hezbollah are both FTO’s. Under the Act, it is prohibited to provide ‘material support or resources’ to a FTO.
This includes training (meaning instruction or teaching designed to impart a specific skill, as opposed to general knowledge), expert advice or assistance (including that derived from specialized knowledge) or personnel.
To violate the Act, the person does not have to be an actual terrorist employed by the FTO. He or she must merely have knowledge that the organization is an FTO and provide it with any such ‘material support or resources’.
Courts have interpreted the terms noted above broadly. Thus, for example, the Federal Court in US v Jama (217 F.Supp 3rd 882 of 2016) considered the ambit of the term ‘personnel’ under the Act and concluded, “Congress plainly intended for courts to consider the nature of an individual’s actions broadly in relation to the overall goals of the terrorist organization in determining whether someone is to be deemed part of that organization”. The Court also noted, “Congress intended to reach all persons who act on behalf of an FTO to further its goals and objectives in significant ways.”
In essence, a person may be deemed to be ‘personnel’ under Act even if not formally a part of the internal command and control structure of the FTO and organize, manage or supervise its various operations. It also includes individuals who advance the FTO’s goals or objectives. The only exception is for individuals who are truly acting entirely independently, which is negated by (i) the degree to which the individual’s actions are directed by or coordinated with others associated with the FTO or its representatives; (ii) the nature and extent of the individual’s contacts with those acting on behalf of the FTO; or (iii) if the individual self-identifies with the FTO or purports to act on behalf of or be a part of the FTO.
The US Supreme Court, in Holder v. Humanitarian Law Project (561 U.S. 1-2010), which upheld the constitutionality of the Anti-Terrorism Act, also considered the ambit of the Act. It determined that engaging in political advocacy on behalf of a FTO or in furtherance of its goals, as well as training members in how to use the law or engage in other activities to further the goals of the FTO was covered by the Act. This is to be distinguished from an individual voicing a purely personal position entirely independently. This means without any coordination with others who are coordinating directly or indirectly with the FTO or acting for the benefit of the FTO or in furtherance of the FTO’s agenda. It also means not receiving any payment from another, which also destroys any semblance of independence.
Any connection directly or indirectly to the FTO or any foreign group should raise a red flag that independence has been undermined, in whole or in part. Indeed, as the Court recognized, independently advocating for a cause is different from providing a service to a group that is advocating for that cause. The Court also noted how terrorist groups systematically conceal their activities behind charitable, social and political fronts. Material support in any form also includes straining the US’ relationships with its allies, like Israel, and undermining cooperative efforts between nations to prevent terrorist attacks.
Other problematic activities include, training prospective student or other rioters, enlisted in support of an FTO or its goals, to misuse the legal or political system to threaten, manipulate or disrupt or to lobby or advocate for or on behalf of an FTO, in furtherance of its goals or to legitimize it and encouraging participation in these efforts by making some form of payment.
One recent glaring and odious example is an event hosted by a Columbia University literary society, which had an exhibit tellingly called the ‘Museum of Terror’. Among the items exhibited were tools, including pliers and hammers, reportedly from the break-in and occupation of Hamilton Hall at Columbia and red headbands emblazoned with the logo of the PFLP, a FTO. There were also posters glorifying Hamas’ murderous October 7th invasion of Israel.
The program included sessions on protest skills and resistance training and tactics; methods for masking identities, avoiding surveillance cameras and subverting identification on campus; defense training; what was billed as Direct Action Training; and a talk by a leading representative from Within Our Lifetime (WOL), which has openly expressed its support for Hamas saying it supports resistance “in all its forms. By any means necessary. With no exceptions.” After the WOL speech, students took to the stage to recite a poem glorifying Yahya Sinwar, the notorious Hamas leader.
Since October 7th, WOL has organized rallies across New York City, calling for people to “flood” a given location, echoing Hamas’ naming of the October 7th massacre as Operation Al-Aqsa Flood. It has scripted protests on college campuses and across New York City. It is also critical to appreciate that WOL has partnered with Samidoun, which was sanctioned by the US Treasury as a sham charity that serves as an international fundraiser for the PFLP, a FTO. .
Another shocking example of coordination and scripting is a handbill reportedly circulated by Harvard Faculty and Staff for Justice in Palestine (FJP), allied with SJP that calls for a sickout. It literally suggests scripts for calling out sick or talking to a union rep. The pre-programmed remarks recite the thoroughly debunked obnoxious genocide blood libel against Israel, and the need for a mental health day or personal day to recover from the emotional and physical toll. There is also an implied threat about more time off needed and inability to work if, in effect, Harvard continues to invest in the genocide (i.e. by investing in Israel), a horrifying canard. It appears this is all part of a broader coordinated effort to cause a sick out (No Work, No School) in New York City, sponsored by the ubiquitous WOL.
Both FJP and SJP reportedly have links to FTO’s Hamas and PFLP. The subterfuge of placing personnel of FTO’s, in seemingly innocently named domestic or other non-governmental organizations, is a time honored practice of FTO’s like PFLP. In essence, the loose structure or affiliation acts as a classic cutout. The Act, however, is designed to pierce through these charades by adopting standards of linkage that don’t require a direct parent-subsidiary for the Act to apply.
Professors and others on staffs at colleges have also been involved in prohibited activities under the Act. Some are directly or indirectly recipients of grants funded by Qatar or other foreign sources that support FTO’s.
It’s also reported that the Iranian regime (its IRGC is a FTO) has been funding many of the campus disturbances. Indeed, on July 9, 2024, Director of National Intelligence, Avril Haine, issued a statement, noting:
“In recent weeks, Iranian government actors have sought to opportunistically take advantage of ongoing protests regarding the war in Gaza, using a playbook we’ve seen other actors use over the years. We have observed actors tied to Iran’s government posing as activists online, seeking to encourage protests, and even providing financial support to protesters.”
The danger is present and real, as the horrible terrorist murder of so many people in New Orleans clearly demonstrated.
It’s long past time to take appropriate legal action to enforce the Act.
We must take back control of our campuses and the streets of our cities from FTOs and their agents and supporters in the US.