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US Federal Judge Tosses Harvard Motion to Dismiss Antisemitism Lawsuit
Graduating students rise in support of 13 students not able to graduate because of their participation in anti-Israel protests during the 373rd Commencement Exercises at Harvard University, amid the ongoing conflict between Israel and Hamas, in Cambridge, Massachusetts, US, May 23, 2024. Photo: REUTERS/Brian Snyder
A US federal judge has “in part” denied Harvard University’s motion to dismiss a lawsuit accusing school officials of failing to respond to a slew of antisemitic incidents which occurred on the campus during the 2023-2024 academic year, clearing the case to proceed to trial.
Filed in January by six Harvard students, the complaint alleges that the university “selectively” applied policies which proscribe ethnic and racial intimidation, standing down whenever Jewish students reported being browbeaten and harassed by pro-Hamas students and faculty. In response, Harvard charged that the plaintiffs “lack standing” and attempted to have the suit thrown out of court.
On Tuesday, US District Court Judge Richard Stearns rejected the university’s argument in a 25-page decision, describing the university’s handling of antisemitism as “indecisive, vacillating, and at times internally contradictory.” He noted that at one point Harvard dean Stephen Ball attended a “vigil for martyrs” which commemorated terrorists and that Harvard police officers declined to intervene when a Jewish student “was openly ‘charged’ and pushed.”
However, Stearns dismissed a portion of the lawsuit which accused Harvard of violating Title VI of the US Civil Rights Act by refusing to crack down on pro-terror, antisemitic protests, describing the school’s bias as “viewpoint” discrimination. This aspect of the ruling, while leaving intact a portion of the suit involving a student accusing Harvard of breach of contract, allowed the university to claim a victory on Tuesday.
“We appreciate that the court dismissed the claim that Harvard directly discriminated against members of our community, and we understand that the court considers it too early to make determinations on other claims,” a Harvard spokesman said in a statement shared with The Harvard Crimson. “Harvard is confident that once the facts in this case are made clear, it will be evident that Harvard has acted fairly and with deep concern for supporting our Jewish and Israeli students.”
Stearns’ ruling on Harvard’s motion to dismiss was highly anticipated.
Last week, he tossed a suit which lodged similar accusations against the Massachusetts Institute of Technology (MIT). In his decision, the judge, 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, accused the Jewish plaintiffs of expecting MIT officials to be “clairvoyant” in anticipating a surge of antisemitism. He also rejected their argument that pro-Hamas demonstrators at MIT intentionally violated the civil rights of Jewish students by, as is alleged, calling for a genocide of Jews in Israel and perpetrating numerous other acts of harassment and intimidation.
On Tuesday, one of the plaintiffs in the Harvard suit, Shabbos Kestenbaum, expressed delight that he and his fellow students will have their day in court.
“Onward to victory,” Kestenbaum tweeted. “Today, a judge ruled that our lawsuit against Harvard Yard will go to trial. Jewish students will continue to speak up. Am Yisroel Chai!”
The past year has been described by experts as a low point in the history of Harvard University, America’s oldest and, arguably, most important institution of higher education. Since the Oct. 7 massacre by Hamas across southern Israel, the school has been accused of fostering a culture of racial grievance and antisemitism, while important donors have suspended funding for programs. In just the past nine months, its first Black president, Claudine Gay, resigned in disgrace after being outed as a serial plagiarist; Harvard faculty shared an antisemitic cartoon on social media; and protesters were filmed surrounding a Jewish student on campus and shouting “Shame!” into his ears.
According to the US House Committee on Education and the Workforce, Harvard has repeatedly misrepresented its handling of the explosion of hate and rule breaking, launching a campaign of deceit and spin to cover up what ultimately became the biggest scandal in higher education.
A report generated by the committee as part of a wider investigation of the school claimed that the university formed an Antisemitism Advisory Group (AAG) largely for show and did not consult its members when Jewish students were subject to verbal abuse and harassment, a time, its members felt, when its counsel was most needed. The advisory group went on to recommend nearly a dozen measures for addressing the problem and offered other guidance, the report said, but it was excluded from high-level discussions which preceded, for example, the December congressional testimony of former president Gay — a hearing convened to discuss antisemitism at Harvard.
So frustrated were a “majority” of AAG members with being an accessory to what the committee described as a guilefully crafted public relations facade that they threatened to resign from it.
On Saturday, the Harvard Corporation formally appointed Alan M. Garber as its president, following several months in which he served as the university’s “interim” leader. The decision, according to The Harvard Crimson, rewarded Garber’s “deft handling of the converging crises facing the university.” The paper added that Garber is the first undergraduate alumnus to serve as president “in more than 50 years.”
Follow Dion J. Pierre @DionJPierre.
The post US Federal Judge Tosses Harvard Motion to Dismiss Antisemitism Lawsuit first appeared on Algemeiner.com.
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Obituary: Elexis Schloss, 78, an Edmonton entrepreneur and philanthropist who also performed quiet acts of kindness
Elexis (Conn) Schloss, a vibrant entrepreneur and philanthropist who supported a wide array of causes, both in and beyond Edmonton, died in Victoria on Oct. 31. She was 78. Her […]
The post Obituary: Elexis Schloss, 78, an Edmonton entrepreneur and philanthropist who also performed quiet acts of kindness appeared first on The Canadian Jewish News.
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Saudi Arabia Ups Anti-Israel Rhetoric Amid Iran Rapprochement, Raising Questions About Abraham Accords Expansion
Saudi Crown Prince Mohammed bin Salman attends a virtual cabinet meeting from his office in Jeddah, Saudi Arabia, May 28, 2024. Photo: Saudi Press Agency/Handout via REUTERS
Saudi Arabia’s de facto ruler accused the Israeli military of committing “collective genocide” in Gaza while also pressing Israel to respect Iranian sovereignty, amid reports that Tehran has postponed its planned attack on the Jewish state.
Crown Prince Mohammed bin Salman’s remarks, made in Riyadh on Monday during a summit of leaders of Islamic nations, underscored the evolving rapprochement between the erstwhile archenemies Iran and Saudi Arabia.
The crown prince, also known by his initials MBS, urged the international community to demand that Israel “respect the sovereignty of the sisterly Islamic Republic of Iran and not to violate its lands.”
The two regional heavyweights restored relations last year after decades of animosity.
MBS’s anti-Israel rhetoric came days after Donald Trump’s victory in the US presidential election. For Israel, the statement from Riyadh may signal a setback to the normalization process with Saudi Arabia, a long-sought goal within the framework of the Abraham Accords, brokered by Trump during his first term in the White House, that has seen Israel establish formal ties with several Arab states in recent years.
According to a Sky News Arabia report published two days later and citing Iranian officials, Tehran has shelved a planned third direct strike on Israel, with the delay attributed to possible forthcoming diplomatic talks with Trump. Israel Hayom published a similar report the following day, citing officials in Jerusalem familiar with the matter.
Iranian First Vice President Mohammad Reza Aref expressed his hope that the incoming Trump administration would put a stop to Israel’s campaigns against its terrorist proxies, Hamas in Gaza and Hezbollah in Lebanon.
“The American government is the main supporter of the actions of the Zionist regime [Israel], and the world is waiting for the promise of the new government of this country to immediately stop the war against the innocent people of Gaza and Lebanon,” Aref said at Monday’s gathering.
Observers noted that Saudi Arabia’s shift could stem from both domestic and regional considerations. For the kingdom, improving relations with Iran is a strategic move to de-escalate conflicts in Yemen, where both countries have backed opposing sides. By opening diplomatic channels with Iran, Saudi Arabia also aims to reduce its dependence on Western security guarantees amid growing regional autonomy. According to Dr. Eyal Pinko, a Middle East expert who served in Israeli intelligence for more than three decades, Saudi Arabia is also under pressure from France, a major arms supplier, to maintain a moderate stance and promote regional peace.
“Saudi Arabia understands [it] cannot rely on the Americans” for arms, Pinko told The Algemeiner.
For its part, Iran may be seeking closer ties with the Gulf kingdom as a result of recent Israeli operations that have decimated the senior leadership of Hezbollah, Iran’s most influential proxy in the Arab world that has long served as a strategic partner.
“Iran is spreading its bets all around, not to be on one side or another,” Pinko said.
Hezbollah, along with Hamas in Gaza, had in the past been blacklisted as terrorist groups by Riyadh.
The New York Times last month cited a Saudi tycoon with ties to the monarchy as saying that the war in Gaza has “set back any Israeli integration into the region.”
“Saudi Arabia sees that any association with Israel has become more toxic since Gaza,” Ali Shihabi told the newspaper.
In another blow for Saudi-Israel relations, Riyadh announced it would revoke the license of the Saudi news broadcaster, MBC, after it labeled the late Hamas leader Yahya Sinwar a terrorist.
But according to Pinko, the chance of Saudi-Israel normalization is not entirely lost, pending a ceasefire.
“If nothing extreme happens with Iran until Jan. 20 [when Trump takes office], I believe that the Abraham Accords will come back to the table,” he said.
The post Saudi Arabia Ups Anti-Israel Rhetoric Amid Iran Rapprochement, Raising Questions About Abraham Accords Expansion first appeared on Algemeiner.com.
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Germany Opposes EU Foreign Policy Chief’s Proposal to Suspend Dialogue With Israel
German Foreign Minister Annalena Baerbock speaks during a session of the lower house of parliament Bundestag, in Berlin, Germany, Oct. 10, 2024. Photo: REUTERS/Lisi Niesner
German Foreign Minister Annalena Baerbock on Thursday publicly rejected a proposal by the European Union’s foreign policy chief to suspend regular political dialogue with Israel in response to the Jewish state’s ongoing military campaign against the Palestinian terrorist group Hamas in Gaza.
“We are always in favor of keeping channels of dialogue open. Of course, this also applies to Israel,” the German Foreign Office said of top EU official Josep Borrell’s plans, according to the German news agency dpa.
The Foreign Office added that, while the political conversations under the EU-Israel Association Council provide a regular opportunity to strengthen relations and, in recent months, discuss the provision of humanitarian aid to Gaza, severing that mechanism would be counterproductive.
“Breaking off dialogue, however, will not help anyone, neither the suffering people in Gaza, nor the hostages who are still being held by Hamas, nor all those in Israel who are committed to dialogue,” the statement continued.
Borrell on Wednesday proposed the suspension of dialogue in a letter to EU foreign ministers ahead of their meeting this coming Monday in Brussels, citing “serious concerns about possible breaches of international humanitarian law in Gaza.” He also wrote, “Thus far, these concerns have not been sufficiently addressed by Israel.”
The regular dialogues that Borrell is seeking to break off were enshrined in a broader agreement on relations between the EU and Israel, including extensive trade ties, that was implemented in 2000.
“In light of the above considerations, I will be tabling a proposal that the EU should invoke the human rights clause to suspend the political dialogue with Israel,” Borrell wrote.
A suspension would need the approval of all 27 EU countries, an unlikely outcome. According to Reuters, multiple countries objected when a senior EU official briefed ambassadors in Brussels on the proposal on Wednesday.
While some EU countries, such as Spain and Ireland, have been fiercely critical of Israel since the outbreak of the war in Gaza, others such as the Czech Republic and Hungary have been more supportive.
Hamas, which rules Gaza, launched the ongoing conflict with its invasion of southern Israel last Oct. 7. During the onslaught, Hamas-led Palestinian terrorists murdered 1,200 people, wounded thousands more, and kidnapped over 250 hostages while perpetrating mass sexual violence and other atrocities.
Israel responded with a military campaign aimed at freeing the hostages and dismantling Hamas’s military and governing capabilities in neighboring Gaza.
Israel says it has gone to unprecedented lengths to try and avoid civilian casualties, noting its efforts to evacuate areas before it targets them and to warn residents of impending military operations with leaflets, text messages, and other forms of communication. However, Hamas has in many cases prevented people from leaving, according to the Israeli military.
Another challenge for Israel is Hamas’s widely recognized military strategy of embedding its terrorists within Gaza’s civilian population and commandeering civilian facilities like hospitals, schools, and mosques to run operations, direct attacks, and store weapons.
Israeli Ambassador to the UN Danny Danon said last month that Israel has delivered over 1 million tons of aid, including 700,000 tons of food, to Gaza since it launched its military operation a year ago. He also noted that Hamas terrorists often hijack and steal aid shipments while fellow Palestinians suffer.
The Israeli government has ramped up the supply of humanitarian aid into Gaza in recent weeks under pressure from the United States, which has expressed concern about the plight of civilians in the war-torn enclave.
Meanwhile, Borrell has been one of the EU’s most outspoken critics of Israel over the past year. Just six weeks after Hamas’s Oct. 7 attacks, he drew a moral equivalence between Israel and Hamas while speaking to the European Parliament, accusing both of having carried out “massacres” while insisting that it is possible to criticize Israeli actions “without being accused of not liking the Jews.”
Borrell’s speech followed a visit to the Middle East the prior week. While in Israel, he delivered what the Spanish daily El Pais described as the “most critical message heard so far from a representative of the European Union regarding Israel’s response to the Hamas attack of Oct. 7.”
“Not far from here is Gaza. One horror does not justify another,” Borrell said at a joint press conference alongside then-Israeli Foreign Minister Eli Cohen. “I understand your rage. But let me ask you not to let yourself be consumed by rage. I think that is what the best friends of Israel can tell you, because what makes the difference between a civilized society and a terrorist group is the respect for human life. All human lives have the same value.”
Months later, in March of this year, Borrell claimed that Israel was imposing a famine on Palestinian civilians in Gaza and using starvation as a weapon of war. His comments came a few months before the United Nations Famine Review Committee (FRC), a panel of experts in international food security and nutrition, rejected the assertion that northern Gaza was experiencing famine, citing a lack of evidence. Borrell’s comments prompted outrage from Israel.
In August, Borrell pushed EU member states to impose sanctions on some Israeli ministers.
Monday’s meeting in Brussels will be the last that Borrell will chair before ending his five-year term as the EU’s foreign policy chief.
The post Germany Opposes EU Foreign Policy Chief’s Proposal to Suspend Dialogue With Israel first appeared on Algemeiner.com.