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US Appeals Court Says Decision to Free Mahmoud Khalil Lacked Jurisdiction, Opens Door to Rearrest
Anti-Israel activist and former Columbia University student Mahmoud Khalil marching with followers in New York City on June 22, 2025. Photo: Reuters Connect
A US federal appeals court ruled on Thursday that a lower court judge lacked the authority to order the release of a prominent anti-Israel activist who helped stage riotous demonstrations on New York City college campuses.
Mahmoud Khalil, an Algerian citizen born in a Palestinian refugee camp in Syria, was detained by the Trump administration in March after federal agents arrested him at his Manhattan apartment for what the Department of Homeland Security described as “activities aligned to Hamas, a designated terrorist organization.” The State Department also alleged that Khalil was supporting Hamas and argued his residing in the US posed “serious adverse foreign policy consequences.”
Immigration officials moved Khalil to New Jersey, leading his case to be transferred there to US District Judge Michael Farbiarz.
Khalil was held without charge for more than 100 days at a facility in Louisiana administered by US Immigration and Customs Enforcement, until Farbiarz ordered his release in June, ruling that the government failed to prove he posed a threat and suggesting the detention may have violated his First Amendment rights.
On Thursday, however, a three-judge panel of the Philadelphia-based 3rd US Circuit Court of Appeals ruled 2-1 that the lower court lacked “subject-matter jurisdiction” under federal immigration law to halt the Trump administration’s effort to deport Khalil.
According to the appeals court, the district court that considered his lawsuit was not the proper forum to address Khalil’s claims, which should have been heard through an appeal of a removal order from an immigration judge in accordance with the Immigration and Nationality Act (INA).
The ruling stressed that Khalil lacks legal standing to challenge the government’s decision to deport him before his case has been adjudicated in immigration court, adding that the INA does not allow for a petition to review (PFR) the case at the federal level at this time.
“The scheme Congress enacted governing immigration proceedings provides Khalil a meaningful forum in which to raise his claims later on — in a petition for review of a final order of removal,” an opinion issued by the majority says. “That scheme ensures that petitioners get just one bite at the apple — not zero, or two. But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government or conduct.”
It added, “Because Khalil raises legal questions that a PFR court can meaningfully review later on, the INA bars him from attacking his detention and removal in a habeas petition.”
In a statement, Khalil was defiant even as he faces the possibility of being again detained.
“The door may have been opened for potential re-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability,” he said. “I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected.”
Additionally, his lawyers, provided by the American Civil Liberties Union (ACLU), vowed to exhaust “every available avenue,” which may include a petition for his case to be decided by the US Supreme Court.
Speaking to Fox News, the Trump administration commended the decision, saying, “Mahmoud Khalil was given the privilege of coming to America to study on a student visa he obtained by fraud and misrepresentation. As we have always maintained, the executive branch has the lawful authority to take actions that will protect the public and to ensure the integrity of our immigration system.”
Beyond Khalil’s alleged pro-Hamas activities, the US government has maintained that its action was warranted by his lying to obtain a green card. In court documents it charged that Khalil did not disclose that he had interned for the United Nations Relief and Works Agency (UNRWA), a group that was found multiple times to have been breached by Hamas members, and also concealed key details about another position he held at the British embassy in Beirut, Lebanon. Khalil, the government added, also did not inform immigration officials about his leadership role in the notorious “Columbia University Apartheid Divest” (CUAD) group.
As previously reported by The Algemeiner, CUAD perpetrated illegal building occupations and severe infrastructure sabotage while Khalil participated in a graduate program at Columbia University in the months after the Hamas-led Oct. 7, 2023, massacre across southern Israel. The acts stunned Columbia’s campus, prompting fears of imminent revolutionary-style violence on campus even as Jewish students and faculty received antisemitic hate mail and death threats.
The Department of Homeland Security initially arrested Khalil while acting on an executive order issued by President Donald Trump which called for the deportation of foreign nationals who cause antisemitic hate incidents. A major provision of the order calls for the deportation of extremist “alien” student activists, whose alleged support for terrorist organizations, intellectual and material, such as Hamas supposedly contributed to fostering antisemitism, violence, and property destruction on college campuses.
Khalil has refused to condemn Hamas and even once denied that antisemitism at Columbia University required a policy response from school officials.
“I would say there is manufactured hysteria about antisemitism at Columbia because of the protests,” Khalil told Ezra Klein in an interview with The New York Times last year. “There are incidents here and there. But it’s not like antisemitism is happening at Columbia because of the Palestine movement … This is why I always push back. I have a strong belief that antisemitism and anti-Palestinian racism rise together because the same groups are perpetrating that in different ways.”
Khalil then went on to assert some of the very claims prompting accusations of antisemitism in the anti-Israel movement, accusing the Jewish state of “genocide” while arguing that the accusation is aimed at making pro-Israel supporters “uncomfortable” and defending the terrorist-led Palestinian intifadas.
“I don’t want to sanitize history,” Khalil continued. “Like I told you, the second intifada involved violent acts, but overwhelmingly, they were peaceful.”
Over 1,000 Israelis were killed in the early 2000s during the second intifada, when Palestinian terrorists ramped up violence targeting Israelis that included suicide bombings, shootings, and stabbings.
As previously reported by The Algemeiner, pro-Hamas activists at Columbia produced several indelible examples of campus antisemitism, including a student who proclaimed that Zionist Jews deserve to be murdered and are lucky he is not doing so himself, brutal gang-assaults on Jewish students, and administrative officials who, outraged at the notion that Jews organized to resist anti-Zionism, participated in a group chat in which each member took turns sharing antisemitic tropes that described Jews as privileged and grafting.
CUAD was among the most strident pro-Hamas organizations on campus and once promoted itself by distributing literature which called on students to join Hamas’s movement to destroy Israel and America.
“This booklet is part of a coordinated and intentional effort to uphold the principles of the thawabit and the Palestinian resistance movement overall by transmitting the words of the resistance directly,” said a pamphlet distributed by CUAD, a Students for Justice in Palestine (SJP) spinoff, to incoming freshmen. “This material aims to build popular support for the Palestinian war of national liberation, a war which is waged through armed struggle.”
Other sections of the pamphlet were explicitly Islamist, invoking the name of “Allah, the most gracious” and referring to Hamas as the “Islamic Resistance Movement.” Proclaiming, “Glory to Gaza that gave hope to the oppressed, that humiliated the ‘invincible’ Zionist army,” it said its purpose is to build an army of Muslims worldwide.
“We call upon the masses of our Arab and Islamic nations, its scholars, men, institutions, and active forces to come out in roaring crowds tomorrow,” it added, referring to a then-upcoming event. “We also renew our invitation to the free people and those with living consciences around the world to continue and escalate their global public movement, rejecting the occupation’s crimes, in solidarity with our people and their just cause and legitimate struggle.”
Columbia University denounced the group in 2025 as a part of a rollout of policies to combat antisemitism and unauthorized demonstrations which disrupted academic life.
In a statement issued in July, university president Claire Shipman said the institution will hire new coordinators to oversee complaints alleging civil rights violations; facilitate “deeper education on antisemitism” by creating new training programs for students, faculty, and staff; and adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism — a tool that advocates say is necessary for identifying what constitutes antisemitic conduct and speech.
Follow Dion J. Pierre @DionJPierre.
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The Jew who put Hitler on trial — and the play that stages his story
An oft-forgotten chapter in Hitler’s life was one the Führer clung to with a vengeance.
In May of 1931, a 27-year-old Jewish lawyer named Hans Litten called the Nazi leader to the stand to answer for the violence of his Brownshirts and the role his rhetoric played in inciting them. Hitler did not like being questioned, and, when he rose to dictator from the ashes of the Reichstag Fire, he wasted no time in retribution.
Litten has seen something of a revival in recent years, with a 2011 BBC TV film, The Man Who Crossed Hitler, and, in a more fanciful vein, as a character in the Weimar noir series Babylon Berlin. Douglas P. Lackey’s play, Hans Litten: The Jew Who Cross-Examined Hitler, now playing Off-Broadway at Theater Row, is both more holistic, and hollower, than previous efforts.
Despite the title, the play, directed by Alexander Harrington, is not a courtroom drama. It begins in 1924 in Königsberg, with Litten’s law professor father, Friedrich (Stan Buturla), discussing his son’s career prospects and handily alluding to the family’s Protestant conversion. Hans (Daniel Yaiullo) is convinced to pursue law, not as a calling, but as a kind of default — tempted, perhaps, by Friedrich’s sunny view of the profession.
“We can change the rules of law to make the law better,” Herr Litten says.
The action jumps forward in fits and starts, finding Litten in his new Berlin practice, where he defends Communists with his party member partner Ludwig Barbasch (Dave Stishan).
One day, Barbasch arrives with news, asking Litten if he’d heard about the case of the Eden Dance Palace, where members of the Nazi SA attacked Communists and claimed self-defense. (Because the play demands this event be explained, Litten, who it is established in the prior scene “reads everything,” hadn’t yet heard of the incident even though it occurred months earlier.)
Litten decides that he will subpoena Hitler, but not before checking out The Three Penny Opera and getting soused afterwards with Bertolt Brecht (Marco Torriani) and Kurt Weill (Whit K. Lee.)
Lackey, a philosophy professor at Baruch College who’s written plays about Wittgenstein, Arendt and Heidegger, is at his best when Hitler is in the dock, within the formal rhythms of a trial. His dialogue has a dialectic quality that lays out characters’ ideas, historical context and a fair amount of musings on Kant with no real room for subtext. Zack Calhoon as Hitler, pretending to disavow violence but barely concealing his rage, sidesteps caricature.
Yaiullo does dependable work as Litten. He plays him as a pedant but as events conspire to haul him off to a series of concentration camps, he develops the aura of a martyr.
“He was a saint,” Benjamin Carter Hett, a Litten biographer said in a 2011 interview with the BBC. “But I have a feeling that, if I sat down to have a beer with him, I wouldn’t like him.”
His prickliness with people, and a doctrinaire commitment to his own personal, unclassifiable politics are hinted at, but soon dissipate as he endures torture, first at Sonnenberg and finally at Dachau. His devoted mother, Irmgard (Barbara McCulloh) visits him in jail, remarking often how people back home regard him as already canonized.
It is documented that while interned Litten would give lectures to his fellow inmates and recite poetry from Rilke. He also, as is shown in the play, defiantly sang Die Gedanken sind frei (“Thoughts Are Free”) when asked to sing the Horst-Wessel-Lied for a Nazi occasion.
That Litten once spoke truth to a rising power, exposing Hitler’s supposed moderation as a farce, will always make him a compelling character. But his example is ultimately dispiriting, showing that changes of law — for the better, at least — are often fruitless against the headwinds of nationalism and cults of personality.
In 1938, Litten ended his life with a noose in a latrine at Dachau. That we now commemorate him in dramas speaks to a sort of victory. That war is what got us there — and judgment at Nuremberg followed — is regrettable evidence of the law’s delay.
Douglas P. Lackey’s play, Hans Litten: The Jew Who Cross-Examined Hitler is playing at Theatre Row until Feb. 22, 2026. Tickets and more information can be found here.
The post The Jew who put Hitler on trial — and the play that stages his story appeared first on The Forward.
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French Court Rejects Antisemitism Charge in Murder of 89-Year-Old Jewish Man
Tens of thousands of French people march in Paris to protest against antisemitism. Photo: Screenshot
A French court on Thursday tossed out antisemitic-motivated charges against a 55-year-old man convicted of murdering his 89-year-old Jewish neighbor in 2022, in what appears to be yet another instance of France’s legal system brushing aside antisemitism.
French authorities in Lyon, in southeastern France, acquitted defendant Rachid Kheniche of aggravated murder charges on antisemitic grounds, rejecting the claim that the killing was committed on account of the victim’s religion.
According to French media, the magistrate of the public prosecutor’s office refused to consider the defendant’s prior antisemitic behavior, including online posts spreading hateful content and promoting conspiracy theories about Jews and Israelis, arguing that it was not directly related to the incident itself. The jurors ultimately agreed and dismissed the presence of an antisemitic motive.
In May 2022, Kheniche threw his neighbor, René Hadjadj, from the 17th floor of his building, an act to which he later admitted.
According to the police investigation, Kheniche and his neighbor were having a discussion when the conflict escalated.
At the time, he told investigators that he had tried to strangle Hadjadj but did not realize what he was doing, as he was experiencing a paranoid episode caused by prior drug use.
After several psychiatric evaluations, the court concluded that the defendant was mentally impaired at the time of the crime, reducing his criminal responsibility and lowering the maximum sentence for murder to 20 years.
Due to the defendant’s age and assessed risk, the magistrate also asked for 10 years of supervision after his release in addition to the maximum prison time.
Kheniche was ultimately sentenced on Thursday to 18 years in prison and six years of “socio-judicial monitoring.”
The three-day trail, which began on Monday, focused specifically on the alleged antisemitic motive being contested to determine the sentence, as Kheniche’s guilt for the murder was already determined. He has denied that antisemitism played any role in his actions.
However, Alain Jakubowicz, counsel for the League Against Racism and Antisemitism (Licra) and the Representative Council of Jewish Institutions of France (CRIF), both civil parties in the proceedings, argued that the defendant was “obsessed” with the Jewish religion.
Kheniche previously referred on social media to “sayanim,” a conspiracy term used to refer to a sleeper agent for Israel’s Mossad intelligence agency. He also reportedly took passport photos and a text in Hebrew found in his victim’s jacket and cut them out. But the magistrate argued that the law required the court only to consider the facts “at the same time as the crime committed,” thereby dismissing past antisemitic and conspiratorial comments.
The court’s decision “is a reflection of our society,” Muriel Ouaknine-Melki, counsel for members of the victim’s family, told AFP. “It is simply a reflection of the way France deals with the scourge of antisemitism.”
This is far from the first case in France to spark such alarm, as courts have repeatedly overturned or reduced sentences for individuals accused of antisemitic crimes, fueling public outrage over what many see as excessive leniency.
Last year, the public prosecutor’s office in Nanterre, just west of Paris, appealed a criminal court ruling that cleared a nanny of antisemitism-aggravated charges after she poisoned the food and drinks of the Jewish family she worked for.
Residing illegally in France, the nanny had worked as a live-in caregiver for the family and their three children — aged two, five, and seven — since November 2023.
The 42-year-old Algerian woman was sentenced to two and a half years in prison for “administering a harmful substance that caused incapacitation for more than eight days.”
First reported by Le Parisien, the shocking incident occurred in January 2024, just two months after the caregiver was hired, when the mother discovered cleaning products in the wine she drank and suffered severe eye pain from using makeup remover contaminated with a toxic substance, prompting her to call the police.
After a series of forensic tests, investigators detected polyethylene glycol — a chemical commonly used in industrial and pharmaceutical products — along with other toxic substances in the food consumed by the family and their three children.
Even though the nanny initially denied the charges against her, she later confessed to police that she had poured a soapy lotion into the family’s food as a warning because “they were disrespecting her.”
“They have money and power, so I should never have worked for a Jewish woman — it only brought me trouble,” the nanny told the police. “I knew I could hurt them, but not enough to kill them.”
The French court declined to uphold any antisemitism charges against the defendant, noting that her incriminating statements were made several weeks after the incident and recorded by a police officer without a lawyer present
The nanny, who has been living in France in violation of a deportation order issued in February 2024, was also convicted of using a forged document — a Belgian national identity card — and barred from entering France for five years.
In another shocking case last year, a local court in France dramatically reduced the sentence of one of the two teenagers convicted of the brutal gang rape of a 12-year-old Jewish girl, citing his “need to prepare for future reintegration.”
More than a year after the attack, the Versailles Court of Appeal retried one of the convicted boys — the only one to challenge his sentence — behind closed doors, ultimately reducing his term from nine to seven years and imposing an educational measure.
The original sentences, handed down in June, gave the two boys — who were 13 years old at the time of the incident — seven and nine years in prison, respectively, after they were convicted on charges of group rape, physical violence, and death threats aggravated by antisemitic hatred.
The third boy involved in the attack, the girl’s ex-boyfriend, was accused of threatening her and orchestrating the attack, also motivated by racist prejudice. Because he was under 13 at the time of the attack, he did not face prison and was instead sentenced to five years in an educational facility.
Just this week, a court in Paris denied a Jewish family from Baghdad compensation for their former home, which was seized from them and now serves as the French embassy in Iraq.
The plaintiffs, descendants of two Jewish Iraqi brothers, filed a lawsuit last year seeking $22 million in back rent and an additional $11 million in damages from the French government.
According to their account, the French government leased the house as its embassy starting in 1964 and paid their family through 1974, but has made no payments for more than 50 years.
In the 1950s, the Iraqi government seized Jewish property and stripped Jews of their citizenship, yet the family retained legal ownership of their Baghdad home even after being forced to leave in 1951.
Last year, Philip Khazzam, grandson of Ezra Lawee, told The Globe and Mail that, under pressure from Saddam Hussein’s government, the French government stopped paying rent to the Lawee family and appears to have diverted the funds to the Iraqi treasury.
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Vance Defends Trump’s Iran Approach, Says Tehran ‘Can’t Have a Nuclear Weapon’
US Vice President JD Vance delivers remarks at the Wilshire Federal Building in Los Angeles, California, US, June 20, 2025. Phone: REUTERS/Daniel Cole
US Vice President JD Vance defended President Donald Trump’s approach to reining in Iranian aggression during an interview with podcaster Megyn Kelly, arguing that Tehran’s acquiring a nuclear weapon would prove disastrous for American interests.
“Iran can’t have a nuclear weapon. That is the stated policy goal of the president of the United States,” Vance said.
Vance pushed back against critics who have suggested that the president shouldn’t engage in “diplomacy” or “negotiate” with Iran, explaining that Trump will “keep his options open” while trying to advance American security interests “through non-military means.” However, Vance stressed that the president would be willing to engage militarily if left with no other options to dismantle Iran’s nuclear capabilities.
“I am very cognizant that the Middle East leads to quagmires,” he said. “Trust me, so does the president of the United States.”
Trump has discussed targeted strikes on Iranian security forces and leadership, partly as a way to pressure the regime over its violent suppression of demonstrators while also seeking to expand talks to address nuclear and missile issues. The protests, which began on Dec. 28 amid deep economic distress and mounting public frustration with Tehran’s theocratic leadership, quickly spread across the country. Security forces have met demonstrators with lethal force, mass arrests, and a near-total internet blackout that has hampered independent reporting and documentation of abuses. Some reports indicate that up to 30,000 protesters may have been killed by Iranian forces in just two days. Regime officials put the death toll at 2,000-3,000.
Vance also highlighted the importance of preventing Iran from acquiring a nuclear weapon, explaining that Tehran is the “world’s largest state sponsor of terrorism.”
“What happens when the same people who are shooting up a mall or driving airplanes into buildings have a nuclear weapon? That is unacceptable,” Vance said.
The vice president added that in the event that Iran obtains nuclear arms, other states such as Saudi Arabia will rapidly seek to secure their regimes though acquiring nuclear weapons themselves, triggering a new era of “nuclear proliferation on a global scale.”
“The biggest threat to security in the world is a lot of people having nuclear weapons,” he said.
Vance suggested that decreasing the overall number of nuclear arms in the world would help secure long-term peace for the global community.
Vance also pushed back on the chorus of critics within the Republican Party who claim the president has expended too much energy and time on foreign affairs, arguing Trump has “gotten a lot done” for the American people and most of his accomplishments are within the realm of domestic policy.
The vice president has come under scrutiny in recent months over his chummy relationship with controversial podcaster Tucker Carlson, a pundit who has repeatedly argued that the US should not attempt to dismantle Iran’s nuclear program.
