Alexander “Shabbos” Kestenbaum makes remarks during the fourth annual Countering Antisemitism Summit at the Four Seasons, Feb. 26, 2025. Photo: USA Today Network via Reuters Connect.
Harvard University and Alexander “Shabbos” Kestenbaum have settled a lawsuit in which the former student turned widely known pro-Israel activist accused the institution of violating the US Civil Rights Act of 1964 by permitting antisemitic discrimination and harassment.
The confidential agreement ends what Kestenbaum, an Orthodox Jews, had promised would be a protracted, scorched-earth legal battle revealing alleged malfeasance at the highest levels of Harvard’s administration. So determined was Kestenbaum to discomfit the storied institution and force it to enact long overdue reforms that he declined to participate in an earlier settlement it reached last year with a group of Jewish plaintiffs, of which he was a member, who sued the university in 2024.
Charging ahead, Kestenbaum vowed never to settle and proclaimed that the discovery phase of the case would be so damning to Harvard’s defense that no judge or jury would render a verdict in its favor. Harvard turned that logic against him, requesting a trove of documents containing his communications with advocacy groups, politicians, and US President Donald Trump’s 2024 campaign staff during a period of time which saw Kestenbaum’s star rise to meteoric heights as he became a national poster-child for pro-Israel activism.
Harvard argued that the materials are “relevant to his allegations that he experienced harassment and discrimination to which Harvard was deliberately indifferent in violation of Title VI.” Additionally, it sought information related to other groups which have raised awareness of the antisemitism crisis since Hamas’s Oct. 7, 2023, massacre across southern Israel, demanding to know, the Harvard Crimson reported, “the ownership, funding, financial backing, management, and structure” of the Louis D. Brandeis Center for Human Rights Under Law, Students Against Antisemitism (SAA), and Jewish Americans for Fairness in Education (JAFE).
Without the materials, Harvard claimed, it would be unable to depose witnesses.
According to the Crimson, the university and Kestenbaum failed to agree on a timeframe for producing the requested documents, prompting it to file in May a motion that would have extracted them via court order. Meanwhile, two anonymous plaintiffs who also declined to be a party to 2024’s settlement came forward to join Kestenbaum’s complaint, which necessitated its being amended at the approval of the judge presiding over the case, Richard Stearns. In filing the motion to modify the suit, the Crimson reported, Kestenbaum’s attorneys asked Stearns to “extend the discovery deadline by at least six months” in the event that he “rejects the motion.”
On April 2, Stearns — who was appointed to the bench in 1993 by former US President Bill Clinton (D) and served as a political operative for and special assistant to Israel critic and former Democratic presidential nominee George McGovern — spurned the amended complaint and granted Harvard its discovery motion, which Kestenbaum’s attorneys had opposed in part by arguing that Harvard too had withheld key documents. Kestenbaum was given five days to submit the contents of correspondence.
On Wednesday, both parties lauded the settlement — which, according to the Crimson, included dismissing Kestenbaum’s case with prejudice — as a step toward eradicating antisemitism at Harvard University, an issue that has cost it billions of dollars in federal funding and undermined its reputation for being a beacon of enlightenment and the standard against which all other higher education institutions are judged.
“Harvard and Mr. Kestenbaum acknowledge each other’s steadfast and important efforts to combat antisemitism at Harvard and elsewhere,” Harvard University spokesman Jason Newton said in a statement.
In a lengthy statement of his own, Kestenbaum expressed gratitude for having helped “lead the student effort combating antisemitism” while accusing Harvard of resorting to duplicitous and intrusive tactics to fend off his allegations.
“Harvard opposed the anonymity of two of its current Jewish students who sought to vindicate their legal rights, and the Harvard Crimson outed them, even before the court could rule on their motion for anonymity. Harvard also issued a 999-page subpoena against Aish Hatorah, my Yeshiva in Israel that has been deeply critical of the university,” he said. “Remarkably, while Harvard sought personal and non-relevant documents between me and my friends, family, and others in the Jewish community, they simultaneously refused to produce virtually any relevant, internal communication that we had asked for during discovery.”
He continued, “I am comforted knowing that as we have now resoled our lawsuit, the Trump administration will carry the baton forward.”
Harvard’s legal troubles continue.
As previously reported by The Algemeiner, the university sued the Trump administration in April to request an injunction that would halt the government’s impounding of $2.26 billion of its federal grants and contracts and an additional $450 billion that was confiscated earlier this week.
In the complaint, shared by interim university president Alan Garber, Harvard says the Trump administration bypassed key procedural steps it must, by law, take before sequestering any federal funds. It also charges that the Trump 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.”
The administration has proposed that Harvard reform in ways that conservatives have long argued will make higher education more meritocratic and less welcoming to anti-Zionists and far-left extremists. Its “demands,” contained in a letter the administration sent to Garber — who subsequently released it to the public — called for “viewpoint diversity in hiring and admissions,” the “discontinuation of [diversity, equity, and inclusion, or DEI, initiatives],” and “reducing forms of governance bloat.” They also implore Harvard to begin “reforming programs with egregious records of antisemitism” and to recalibrate its approach to “student discipline.”
Harvard rejects the Trump administration’s coupling of campus antisemitism with longstanding grievances regarding elite higher education’s alleged “wokeness,” elitism, and overwhelming bias against conservative ideas. Republican lawmakers, for their part, have maintained that it is futile to address campus antisemitism while ignoring the context in which it emerged.
On April 28, a Massachusetts district court judge, appointed to the bench by former US President Barack Obama, granted Harvard its request for the speedy processing of its case and a summary judgement in lieu of a trial, scheduling a hearing for July 21.
The following day, Harvard released its long anticipated report on campus antisemitism and along with it an apology from Garber which acknowledged that school officials failed in key ways to address the hatred to which Jewish students were subjected following the Oct. 7, 2023, massacre
The over 300-page document provided a complete account of antisemitic incidents which transpired on Harvard’s campus in recent years — from the Harvard Palestine Solidarity Committee’s (PSC) endorsement of the Oct. 7 terrorist atrocities to an anti-Zionist faculty group’s sharing an antisemitic cartoon which depicted Jews as murderers of people of color — and said that one source of the problem is the institution’s past refusal to afford Jews the same protections against discrimination enjoyed by other minority groups. It also issued recommendations for improving Jewish life on campus going forward.
“I am sorry for the moments when we failed to meet the high expectations we rightfully set for our community. The grave, extensive impact of the Oct. 7, 2023, Hamas assault on Israel and its aftermath had serious repercussions on campus,” Garber said in a statement accompanying the report. “Harvard cannot — and will not — abide bigotry. We will continue to provide for the safety and security of all members of our community and safeguard their freedom from harassment. We will redouble our efforts to ensure that the university is a place where ideas are welcomed, entertained, and contested in the spirt of seeking truth; where argument proceeds without sacrificing dignity; and where mutual respect is the norm.”
Follow Dion J. Pierre @DionJPierre.
The post Harvard, Jewish Activist ‘Shabbos’ Kestenbaum Settle Antisemitism Lawsuit first appeared on Algemeiner.com.
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