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What American Jews fight about when they fight about Israel
(JTA) — Eric Alterman, born in 1960, says the view of Israel he absorbed growing up in a Jewish family in suburban Scarsdale, New York, was decidedly one-sided.
“I went on this nerdy presidential classroom thing when I was in high school,” he recalls, “and some Christian kid from the South raised his hand and said to the rabbi, ‘I don’t get it, if the Jews could have a state, why can’t the Palestinians?’ And I was like, ‘How dare you?’”
Alterman would go on to attend Cornell University, where he wrote his honors thesis on Israel, Vietnam and neoconservatism; spend a semester abroad at Tel Aviv University; study Israeli military history while earning his master’s degree in international relations at Yale, and research a dissertation on American liberalism and the founding of Israel as a doctoral student at Stanford.
Although he frequently writes about Israel as a contributing writer at the Nation and the American Prospect, Alterman is best known for his liberal analysis of the media and U.S. politics. He’s written 11 previous books, including one on Bruce Springsteen.
Yet he never stopped thinking about the widening gap between the idealized Israel of his youth and the reality of its relations with the Palestinians, its Arab neighbors and the West. Even when Israel’s revisionist historians were uncovering evidence of massacres and forced expulsions of Palestinians during the War of Independence, and Israeli politicians and intellectuals began asking why, indeed, the Palestinians didn’t deserve a state of their own, he saw that such discussions were considered blasphemous in most American Jewish circles.
Alterman, now a CUNY Distinguished Professor of English at Brooklyn College, explores that gap in his latest book, “We Are Not One: A History of America’s Fight Over Israel.” The book surveys U.S.-Israel relations, but with a focus on the ways defending Israel have shaped public discourse. It’s a book about arguments: within the administrations of 14 presidents, between Washington and Jerusalem, and mostly among Jews themselves.
Earlier this month we spoke about how the pro-Isael lobby became a powerful political force, the Jewish organizations and pundits who fight to limit the range of debate over Israel, and what he thinks is the high price American Jews have paid for tying their identities so closely to Israel.
“I try to take on shibboleths that in the past have shut down conversation and take them apart and sympathetically show the complexity of the actual situation that lies beneath — so that [criticism and disagreement] over Israel can be understood rather than whisked away by changing the subject, or what-aboutism, or by demonizing the person who is raising them,” said Alterman.
Our conversation was edited for length and clarity.
Jewish Telegraphic Agency: Let me start by congratulating you: It’s the first book about U.S.-Israel relations with a chapter named after a Bruce Springsteen album: “Working on a Dream.”
Eric Alterman: Nobody else has caught that. But it’s not about U.S.-Israel relations. It’s the first book about the debate over Israel in the United States. There’s a million books on U.S.-Israel relations.
So let’s define that more narrowly. The title reminds me of the United Jewish Appeal slogan over the years, “We Are One,” which was about American Jewish solidarity. So who is the “we” in your title, “We Are Not One”?
There are three or four different meanings. The “we” in this book are obviously the United States and Israel. An awful lot of people argue that the United States and Israel have identical interests in the world and that’s crazy, because Israel is this tiny little country in the Middle East and we’re a global superpower thousands of miles away. So obviously, we’re going to have differences. Number two, American Jews and Israeli Jews are very different people. They have very different life experiences. And they see things quite differently as evidenced by the political split between them. The title also refers specifically just to Americans, because we can’t even discuss most things anymore. The pro-Israel community, such as it ever was, is enormously split and it’s split in angry ways.
Much of your book is about what happens to American Jews when the idealized portrait of Israel’s founding and its presumed blamelessness in its actions toward the Palestinians comes up against reality. In that context, tell me a little about your choice to devote a chapter to the Leon Uris novel “Exodus,” an extremely sanitized version of Israel’s founding, and the 1960 movie based on it.
The influence of “Exodus” is something I didn’t understand until I wrote the book. It’s crazy, because Leon Uris was this egomaniac who wrote kind of a shitty book and said that he wanted to add a new chapter to the Bible, and he kind of succeeded. I was born in 1960. When I was growing up in suburban New York, every single family had “Exodus” on their shelves. When the movie came out Israelis understood this. They said, “We can just shut down our public relations office now.” And from the standpoint of reality the movie is worse than the book because it has Nazis — the Arabs in the book are working with Nazism. Uris didn’t have the nerve to do that. So the book created this idealized Israel and this idea of [Palestinians as] evil, subhuman Nazis.
What most Americans don’t understand, or choose not to understand, is that before the 1940s most Jews were anti-Zionist, or non-Zionist. This changed in the 1940s, when, as a result in part of the Holocaust, and the reaction to that, and the triumph of Zionists, they became intensely pro-Zionist, leading up to the creation of Israel. But after that, they kind of forgot about Israel. One might have given their children JNF boxes to carry on Halloween instead of UNICEF boxes, or maybe they paid to plant trees. But Israel doesn’t show up in the American Jewish Committee’s 1966 annual report until page 35 or 36, and Nathan Glazer’s 1957 book “American Judaism” says that the creation of the Jewish state has had “remarkably slight effects on the inner life of American Jewry.”
With the events of 1967, Uris’ idealized notion of Israel came together with this terrible fear of a second Holocaust, and the terror and shame and frightening nature of that combined to transform American Judaism overnight to an enormous degree.
You are referring to Israel’s lightning victory in the Six-Day War, which even non-religious Jews saw as a kind of miracle, and redemption two decades after the Holocaust. And that transformation, you argue, put defense of Israel, combined with Holocaust consciousness, at the center of Jewish identity.
More than just the center: It basically comprised almost all of it, for many secular Jews. I quote the neoconservative Irving Kristol in the book saying in 1976 that “the Holocaust and the founding of the state of Israel” was 100% of what Judaism means.
Which in turn led to a the tremendous pro-Israel lobbying efforts, political activism and punditry.
The budgets of American Jewish organizations overnight went from social services and liberal social justice causes to defense of Israel. And rabbis were replaced at the center of public discourse by the heads of these organizations — most of whom had no religious training or knowledge of history or Judaism.
Joe Biden, then vice president, speaks at the AIPAC 2016 Policy Conference in Washington, DC, March 20, 2016.
(Molly Riley/AFP via Getty Images)
One distinction you repeatedly make is between what most Jews believe compared to the Jewish organizations that claim to represent them. Surveys show the rank and file is consistently more liberal on Israel and less hawkish than the big organizations — a gap that showed up markedly around the Iraq War and the Iran nuclear deal.
Right. The big mistake that so many in the media make is that they go to the heads of these organizations who pretend to speak for American Jews when they don’t speak for American Jews. They speak for their boards and their donors.
The shift to Jewish lobbying on behalf of Israel coincides with an era in which there is seldom daylight between what Israel wants and what the United States wants or agrees to — often to the frustration of presidents. You are critical of those who exaggerate the pro-Israel lobby’s influence — folks like Stephen Walt and John J. Mearsheimer, authors of the 2007 book “The Israel Lobby and U.S. Foreign Policy” — but, at the same time, you write, referring to the Israel debate in America, about “the continued stranglehold that money, power, organizational structure, and clearly defined paths to personal career advancement continue to hold over the shape of foreign policy.” How will you respond to critics who will say your book is trafficking in the myth of Jewish power and its conspiracy-minded hold over American policy?
The short answer is, that’s why I wrote a 500-page book — basically, for two reasons: One, everything is incredibly complicated. And some of those complications are consistent with antisemitic myths, and therefore they have to be teased out and broken down in such a way that you’re telling the truth rather than portraying the myth.
If you say things without context, they sound antisemitic. I say that yes, Jews are very powerful in the media and many use that power on or about Israel. But I think if you lay out the examples that I use, if you look at them and examine them, I don’t see how you can conclude otherwise. The people I describe often say that about themselves — how much power and influence they yield.
Secondly, I’ve always found it just about impossible to discuss Israel with anyone, because you have to share exactly the same assumptions with that person. And if you don’t, then they take it personally, or you’re an antisemite, or, at best, you’re insufficiently sensitive to how important antisemitism is. And if you describe ways in which American Jews act in ways that are consistent with antisemitic myth, it has a way of shutting down the conversation.
Undoubtedly there’s some criticism of Israel that is motivated by antisemitism, but there’s an awful lot of reasons to be critical of Israel, particularly if you are a Palestinian or care about Palestinians. This accusation [antisemitism] has shut down the discourse and part of my hopes in demonstrating the complexities of this history is to open this up.
So let me ask about your own stake in this. Your educational background and relationship to Israel are similar in many ways to the writers and thinkers in your book who tolerate no criticism of Israel. I don’t know if you call yourself a Zionist, but you have some connection to Israel, and you’re also willing to tolerate critiques of Israel. What’s the difference between you and some of the other people who went on the same journey?
For the longest time I was comfortable with the words “liberal Zionist,” but I don’t think they have any meaning anymore. I don’t think it’s possible to be a liberal Zionist — you have to choose. Israel is the only putatively democratic country that prefers Trump to either Obama or Biden, and it’s not even close. And young Israelis are moving further in that direction and young American Jews are moving further in the opposite direction.
So you ask me if I am a liberal Zionist. I don’t think the word “Zionist” is useful at all anymore, because Israel is a country and it’s not going anywhere. I sometimes call myself an anti-anti-Zionist, because anti-Zionism is dumb. I’m very anti-BDS. If I thought [the Boycott, Divestment and Sanctions movement] could end occupation, I would support it, even though the idea of boycotting Jews puts a bad taste in my mouth. But the theory behind BDS apparently, and I’ve spent a lot of time on this, is that the world will force Israel to give up its identity and turn the country over to its enemies. It’s inconceivable that Israel would do that and inconceivable the United States would pressure them to do that. So BDS is entirely performative. It’s more of a political fashion statement than anything else.
And to me, it speaks to the failure of Palestinian politics throughout history. I have a great deal of sympathy for the Palestinians and their bad politics because it’s based on two problems. One is that they have never been able to see the future very well. So they should have agreed in 1921 and 1937, or whenever they would have had the majority and they were being given a country by the British. They should have taken the lousy offer from Ehud Barak and Bill Clinton in 2000. I kind of get it because they have so many competing constituencies, and it’s impossible to satisfy all of them at the same time. I understand that. It’s hard to imagine a Palestinian politician who could say yes, and if you look at Hamas and the Palestinian Authority, in both cases, it’s hard to imagine making peace with them.
I read that in your book, and my first thought was, well, isn’t that basically just confirming what the pro-Israel right has always said — that Israel has no partner for peace? So maybe the best it can do is maintain a status quo that assures some security for Israel and a workable something for the Palestinians.
Well, number one I hold Israel significantly responsible for the conditions under which that has developed and that they can change those. And number two, that’s no excuse for the way Palestinians are treated, either in the occupation or in Israel. So yes, I agree. There’s no one to make peace with today, but there are many steps Israel could take that could vastly improve the lives of the Palestinians, both in the occupied territories and inside Israel. And there are a lot of steps they could take that could build confidence for a future that could weaken Hamas, that could strengthen the Palestinian Authority, so that one day peace would be possible. But they do the opposite.
An Israel supporter at a New York rally to tell the United Nations “no more anti-Israel documents or resolutions,” Jan. 12, 2017. (Don Emmert/AFP via Getty Images)
You talk about funding of Israel studies and Jewish studies departments as a reaction against fears of a pro-Palestinian takeover of academia. At the same time, you write how Palestinian supporters “succeeded in colonizing Middle East studies departments, student faculty organizations, and far-left political organizations.” Why does that matter in the long run if, as you also write, nothing’s really going to change American policy on Israel?
I gave a talk before the book came out at Tel Aviv University and someone asked me that question. I said, You care about these transformations for two reasons. One, you really will be all alone in the world. You’ll have the support of conservative [Evangelical] Christians who are in many respects antisemitic and are using you for their own purposes. So if you lose American Jews, you will be existentially alone in a way you’re not now and that strikes me as very unpleasant.
I do think that the quote-unquote pro-Israel community has a stranglehold on American politics that I can’t see changing anytime soon, and I think the change in the Democratic Party [that it will turn more pro-Palestinian] is very much exaggerated by both sides for their own reasons.
That being said, the people who are being trained now to be in the State Department and the National Security Council and the Defense Department and the think tanks and the places where the intellectual foundation of U.S. policy is made are learning something very different from what you and I learned in college. Right now, there’s no such thing as an influential Palestinian lobby in this country. There’s no pushing back. There’s no percentage for anyone opposing Israel who has a career interest in the future. That will change, and the whole shaping of the discourse will change and that will change the relationship between the United States and Israel. It’s not going to happen anytime soon, but it’s definitely going to happen.
As Jews in this country have remained largely liberal, Israel appears to be getting more illiberal, as we’ve seen with a new government that is more right-wing than any previously. And Israel has become more of a divisive element among Jews than a unifying force. As this gap appears to be widening, do you have any real hope for changing the discourse?
No, I don’t have any hopes for that. I don’t have anything optimistic to say about Israel. I think, politically speaking, from the standpoint of American Jews, everything is going in the wrong direction. But by demonstrating just how different Israeli Jews are than American Jews, and how little Israeli Jews care what American Jews think, I do think that it presents an opportunity for American Jews to think about what it means to be an American Jew in the Diaspora. Roughly half of the Jews in the world live in the United States. And since 1967 American Jews have defined themselves vicariously through Israeli Jews and taking pride in Israel. They expressed their identities by defending Israel and attacking the media when the media didn’t defend Israel.
Meanwhile, American Jews hardly ever go to synagogue. According to Pew, 20% of American Jews regularly attend synagogue and half of them are Orthodox, who are 10% of the community. What brought me back into Judaism was studying Torah. And hardly any American Jews are ever exposed to that.
So I think there’s an opportunity to reimagine Diaspora Jewry now that the Israel story doesn’t work, and it’s clear that it doesn’t work. Young American Jews are leaving or voting with their feet. They’re walking away. Israel-centric Judaism is in part responsible, although it’s not the whole story. Intermarriage is a big part of the story. The de-religionization of all groups is part of the story. But personally, I don’t see what a liberal American Jew would see in a Judaism that defines itself as it has for the past 50 years as defending Israel and remembering the Holocaust.
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The post What American Jews fight about when they fight about Israel appeared first on Jewish Telegraphic Agency.
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California College Employee Calling Jewish Professor ‘Colonizer’ Was Antisemitic, Investigation Finds
Sign reading “Welcome to City College of San Francisco” above glass entry doors with building number 88, San Francisco, California, Aug. 29, 2025. Photo: Smith Collection/Gado/Sipa USA via Reuters Connect
A City College of San Francisco (CCSF) staff member who called a Jewish professor a “colonizer” among other verbal attacks engaged in unlawful harassment and discrimination based on the academic’s Jewish identity, according to an independent investigation into the incident.
The Louis D. Brandeis Center for Human Rights Under Law and the StandWithUs Saidoff Legal Center, two Jewish advocacy groups, on Tuesday celebrated the upholding of a disciplinary investigation’s finding as a “significant victory” for Jewish faculty and students.
“The outcome establishes a critical precedent for how universities must evaluate conduct often mischaracterized as political speech but that, in context, targets Jewish identity,” the groups said in a statement.
The investigation stemmed from a series of incidents which escalated to an explosive May 2025 confrontation in which CCSF employee Maria Salazar-Colon, president of the local Service Employees International Union (SEIU) union, allegedly launched a volley of anti-Jewish invective at computer science professor Abigail Bornstein. Calling Bornstein a “colonizer” and telling her to “shut the f—k up,” Salazar-Colon converted the professor’s name into a sobriquet by denouncing her as “Dumb-stein” during the public comment portion in a meeting of the community college’s board of trustees, according to the Brandeis Center and StandWithUs.
That utterance, combined with other comments related to Israel, indicated Salazar-Colon’s awareness of Bornstein’s Jewishness and her willingness to degrade her over it, the Brandeis Center and StandWithUs said — noting that a trivial discussion on college “governance,” not politics or the Middle East conflict, set the staff member off.
Salazar-Colon allegedly continued targeting Bornstein through email, denouncing her again as a “colonizer” and making other crude statements. The conduct drove the professor off campus. She reported the alleged harassment to the CCSF administration and filed a criminal complaint with the local police.
However, Salazar-Colon hit back, filing her own grievance in response to allege that she was the victim. Meanwhile, the college hired a law firm as a third-party investigator to look into the matter. Its findings were conclusive, determining not only that Salazar-Colon was fully culpable but that her conduct, rising to “workplace violence,” was intentionally discriminatory against a Jewish colleague.
CCSF ultimately dismissed Salazar-Colon’s “retaliatory” complaint, but the finality of its decision hung on the opinion of the college trustees. Salazar-Colon filed an appeal with the body. It took no action, crystallizing, the Brandeis Center and StandWithUs said, a consensus on the “seriousness of the underlying conduct and the strength of support for the [third-party investigator’s] findings.”
On Monday, Brandeis Center staff litigation attorney Deena Margolies told The Algemeiner that, in this case, justice prevailed but that many other Jewish members of academia suffer similar indignities.
“The college did the right thing here. They brought in an independent investigator. They made clear that this was about discrimination based on Bornstein’s protected identity, that being Jewish — not union advocacy — and that’s important and a necessary distinction that we don’t often see being recognized,” Margolies said. “I’m seeing many more of these disciplinary matters in the employee context, and I notice that what often happens is that when a Jewish professor or staff member is targeted or files a complaint, there is often a cross complaint, a baseless complaint which is retaliatory. And yet, they always end up coming through.”
CCSF will be taking disciplinary action. against Salazar-Colon.
As previously reported by The Algemeiner, antisemitism promoted by university employees often disguises itself as politics, complicating higher education institutions’ response to it.
In September, a survey conducted by the Anti-Defamation League (ADL) and the Academic Engagement Network (AEN) found that staff and faculty accelerated the “antisemitism” crisis on US college campuses by politicizing the classroom, promoting anti-Israel bias, and even discriminating against Jewish colleagues. It found that 73 percent of Jewish faculty witnessed their colleagues engaging in antisemitic activity, and a significant percentage named the Faculty and Staff for Justice in Palestine (FSJP) group as the force driving it.
Of those aware of an FSJP chapter on their campus, the vast majority of respondents reported that the chapter engaged in anti-Israel programming (77.2 percent), organized anti-Israel protests and demonstrations (79.4 percent), and endorsed anti-Israel divestment campaigns (84.8 percent). Additionally, 50 percent of respondents said that anti-Zionist faculty have established de facto, or “shadow,” boycotts of Israel on campus even in the absence of formal declaration or recognition of one by the administration. Among those who reported the presence of such a boycott, 55 percent noted that departments avoid co-sponsoring events with Jewish or pro-Israel groups and 29.5 percent said this policy is also subtly enacted by sabotaging negotiations for partnerships with Israeli institutions. All the while, such faculty fostered an environment in which Jewish professors were “maligned, professionally isolated, and in severe cases, doxxed or harassed” as they assumed the right to determine for their Jewish colleagues what constitutes antisemitism.
Administrative officials responded inconsistently to antisemitic hatred, affording additional rationale to the downstream of hatred. More than half (53.1 percent) of respondents described their university’s response to incidents involving antisemitism or anti-Israel bias as “very” or “somewhat” unhelpful, and a striking 77.3 percent thought the same of their professional academic associations. In totality, alleged faculty misconduct and administrative dereliction combined to degrade the professional experiences of Jewish professors, as many reported “worsening mental and physical health, increased self-censorship, fear for personal safety,” and a sense that the destruction of their careers and reputations was imminent.
“Antisemitism cannot and should not be downplayed as political, academic, or workplace disagreement. Antisemitism is, clearly and concretely, insidious discrimination,” Brandeis Center chairman Kenneth Marcus, a former US assistant secretary of education for civil rights, said in a statement released with the news of the outcome of the CCSF incident. “Institutions have both the authority and the obligation to intervene, and we are hopeful that these outcomes encourage those who wish to report incidents of antisemitism to come forward without fear of retaliation.”
Follow Dion J. Pierre @DionJPierre.
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Turkish Intel Chief Hosts Hamas Leaders as New Report Warns of Turkey’s Ties to Muslim Brotherhood
Turkish President Tayyip Erdogan speaks during a ceremony for the handover of new vehicles to the gendarmerie and police forces in Istanbul, Turkey, Nov. 28, 2025. Photo: REUTERS/Murad Sezer
Turkey’s extensive ties with Hamas and other terrorist groups and Islamist movements are raising alarm bells among analysts, highlighting Ankara’s controversial pivot away from its traditional Western alliances amid ongoing regional conflicts.
This week, Turkish intelligence chief Ibrahim Kalın met in Ankara with Khalil Al-Khaya, a senior Hamas negotiator, and the terrorist group’s political bureau delegation to discuss prospects for advancing the second phase of the Gaza ceasefire — marking the second such meeting in under two weeks.
Last week, Kalın also met with senior Hamas leaders in Istanbul, underscoring Turkey’s ongoing diplomatic engagement with the Islamist group.
Notably absent from both meetings’ public summaries was any mention of Hamas’s disarmament — a key condition of the US-backed peace plan, which the terrorist group continues to reject, further complicating ceasefire efforts.
Earlier this year, the US-backed plan to end the war in Gaza hit major roadblocks after proposals surfaced that would allow Hamas to retain some small arms — an idea strongly denounced by Israeli officials who insist the Islamist group must fully disarm.
Israel has previously warned that Hamas must give up its weapons for the second phase of the ceasefire to move forward, pointing to tens of thousands of rifles and an active network of underground tunnels still under the terrorist group’s control.
Last week, US President Donald Trump’s “Board of Peace” reportedly presented a disarmament plan to Hamas that would require the terrorist group to allow the destruction of its vast Gaza tunnel network as it lays down its arms in stages over eight months. Palestinian officials indicated Hamas would not accept the proposal without “amendments and improvements.”
Under Trump’s 20-point Gaza peace plan, phase two would involve deploying an international stabilization force (ISF), beginning large-scale reconstruction, and establishing a Palestinian technocratic committee to oversee the territory’s administration.
Conditioned on Hamas’s disarmament, the Israel Defense Forces (IDF) would also withdraw from the approximately 53 percent of the enclave they currently occupy.
Since the start of the war in Gaza, Turkey has repeatedly tried to position itself as a regional mediator, maintaining direct intelligence channels with Hamas to advance ceasefire talks and solidifying its role in US-backed diplomatic efforts.
However, Turkey has also been a long-time backer of Hamas, hosting senior officials multiple times over the years and refusing to designate the group as a terrorist organization. Ankara has also provided Hamas with both political and financial support by allowing its leadership to operate networks from Turkish soil.
Israeli officials have repeatedly accused Hamas operatives of using Turkey as a base for recruitment, financing, and operational coordination.
On Monday, Israeli intelligence services uncovered a Hamas terror network in the West Bank, directed by an operative based in Turkey, revealing ongoing coordination between the group’s cells abroad and on the ground.
According to Sinan Ciddi, senior fellow at the Foundation for Defense of Democracies (FDD), a Washington, DC-based think tank, Turkey’s high-level meetings with Hamas and growing engagement in Gaza reflect a stark gap between its public diplomacy and private dealings, revealing a calculated effort to maintain influence in the region.
“Publicly, Turkey has presented itself as a diplomatic broker seeking a ceasefire. Privately, its continued high-level engagement with Hamas, particularly through intelligence channels, signals an enduring political alignment and a willingness to preserve the group as a relevant actor in postwar Gaza,” Ciddi wrote in a newly released report.
“Ankara’s maintenance of access to Hamas leadership is likely intended to help ensure Turkey retains influence over any future political settlement,” he continued.
Israel has consistently opposed any role for Turkish security forces in postwar Gaza, with Ankara seeking to expand its regional influence — a move experts warn could strengthen Hamas’s terrorist infrastructure.
Amid growing concerns over Turkey’s regional influence, a newly released FDD report underscored the country’s pivot under President Recep Tayyip Erdogan from its traditional Western alignment toward closer ties with Islamist movements, including the Muslim Brotherhood.
The report identified Turkey as a key refuge for Muslim Brotherhood leaders from across the region, including Egypt and Yemen, a role that has intensified after many fled their home countries amid government crackdowns.
For years, the Muslim Brotherhood has faced bans or restrictions across the Middle East, with some European countries and the United States recently designating the group or specific branches as terrorist organization.
“There is an established track record … where Turkey significantly undermines the transatlantic alliance’s core security concerns,” Ciddi said.
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US Appeals Court Reinstates $655M Ruling Against Palestinian Authorities Over Terrorism
Palestinian Authority President Mahmoud Abbas looks on as he visits the Istishari Cancer Center in Ramallah, in the West Bank, May 14, 2025. Photo: REUTERS/Mohammed Torokman
A US federal appeals court on Monday reinstated a whopping $655.5 million judgment against the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA), delivering a major legal victory for American victims seeking to hold the groups responsible for the notorious “pay-for-slay” terrorism program.
The ruling by the US Court of Appeals for the Second Circuit restored a jury’s earlier finding that the PLO and PA bore civil liability under the Anti-Terrorism Act for a series of attacks in Israel that killed and injured US citizens.
In its opinion, the court recalled its previous mandate vacating the initial decision, writing that doing so was warranted by “intervening changes in underlying law” and the need to prevent an unjust outcome after years of litigation. The panel emphasized that appellate courts retained the authority to revisit earlier decisions in “extraordinary circumstances,” a standard it found satisfied in this case.
The judges also addressed the issue of jurisdiction, which had previously served as an obstacle in the case.
In 2023, a federal appeals court ruled that US courts did not have the authority to hear certain lawsuits against the PLO and the PA stemming from terrorist attacks abroad that killed or injured American citizens. In a decision issued by Second Circuit court, the panel concluded that Congress could not compel foreign defendants to face litigation in US courts without sufficient ties to the country, dealing a significant setback to victims seeking damages through American legal channels.
But the court signaled that subsequent legal developments from the Supreme Court and evolving interpretations of the Anti-Terrorism Act altered the analysis enough to justify reinstating the judgment.
At the center of the case was the Anti-Terrorism Act’s provision allowing US nationals to seek civil damages for acts of international terrorism. A jury had originally awarded damages to victims and their families, finding a link between the alleged terrorists and attacks targeting civilians. Those damages resulted in the mandated enforcement of the more than $650 million judgment.
For victims’ families and advocates, the decision marked a significant step toward enforcing consequences against groups accused of supporting or incentivizing violence.
Supporters have argued that lawsuits play a critical role in deterring terrorism, particularly when criminal prosecution is not possible. By reinstating the judgment, the court appeared to endorse the broader principle that US law can serve as a tool of accountability, even in cases involving foreign actors and overseas attacks.
The court cautioned that enforcement presents a distinct set of legal and practical challenges. It pointed to potential obstacles including asset location, sovereign protections, and the complexities of executing judgments against foreign entities.
The Palestinian Authority, which exercises limited self-governance in the West Bank and has long been riddled with accusations of corruption, has for years carried out a so-called “pay-for-slay” program, which rewards terrorists and their families for carrying out attacks against Israelis.
Under this policy, official payments are made to Palestinian prisoners held in Israeli jails, the families of “martyrs” killed in attacks on Israelis, and Palestinians injured in terrorist attacks.
Reports estimate that approximately 8 percent of the PA’s budget has been allocated to paying stipends to convicted terrorists and their families.
Skeptics suggest the hurdles in seeking financial retribution from the PLO and PA could prove substantial. The PLO and PA maintain limited assets within the US, and some may be protected from seizure. Efforts to enforce the judgment could also raise sensitive diplomatic concerns, particularly given the entities’ role in international negotiations and governance.
The case is likely to have far-reaching implications for future terrorism litigation, particularly as Congress continues to explore ways to expand the reach of US courts in holding foreign actors accountable.
