Peloni: The means by which to deal with the wave of antisemitism has been spiraling out of control has always been available, and it is only due to the political support for this pernicious campaign by those in authority that the long arm of existing laws was not unleashed to prevent the calamities which have become a near daily occurrence over the past 16 months or more. It is now more important than ever to see these laws enforced, to punish those complicit with terrorist activity, and to provide those intended innocents with the full benefit and protections under the law.
The US Supreme Court 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 is covered by the Act. Enforcement is all that is necessary
Pro-Palestinian students at UCLA campus Grace Yoon/Anadolu via Getty Images
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.
Leonard Grunstein, retired attorney and banker, founded and served as Chairman of Metropolitan National Bank and then Israel Discount Bank of NY. He founded Project Ezrah and serves on the Board of Bernard Revel at Yeshiva Univ. and the AIPAC National Council. He has published articles in the Banking Law Journal, Real Estate Finance Journal and more and is the co-author of “Because It’s Just and Right: The Untold Back-Story of the U.S. Recognition of Jerusalem as the Capital of Israel and Moving the U.S. Embassy to Jerusalem.”
Thank you for this article. What is shocking to Americans of my age group (I am 72) is the degree to which American students have been indoctrinated into Islamic fundamentalist ideology via Critical Race Theory, wokeism, and moral relativism.
These particular systems of thought damage the developing mind of students, by subverting their understanding of their country’s history, their country’s allies vs. enemies, and more importantly, the entire system of mores upon which our society’s peace depends. This subversion, when complete, leads to young people being incapable of differentiating between good and evil.
Let that sink in. A generation of our young people that cannot tell the difference between a suicide bomber and the people that suicide bomber kills. In fact, these students actually maintain that the people killed by the suicide bomber are actually at fault, not the suicide bomber him or herself.
It doesn’t matter anymore how this has been accomplished. What is important is discovering the most effective means of addressing indoctrination into a foreign ideology that essentially teaches our students to desire the genocide of members of our society.
Just as the COVID debacle turned physicians into murderers, who were completely indemnified by the PREP acts for their murders, this multi-year indoctrination effort has turned otherwise patriotic American students into would-be genocidal Jew-hating adversaries of America.*
Two aspects of this problem require policies to address this. One aspect is the role of colleges and their professors. The second aspect is the responsibility of each student.
1. Responsibilities of the colleges and professors:
Colleges have supported Professors who have been normalizing Jew hatred and hatred of the State of Israel for at least two decades now if not longer. This can no longer be tolerated in America. Colleges should lose their Accreditation and federal funding for any of the following:
1. teaching critical race theory as a positive useful set of ideas instead of an insidious and evil set of ideas. The same goes for wokeism and moral relativism, both sets of ideas destroy concepts of right and wrong, and destroy concepts of meritocracy.
2. supporting professors who denigrate marginalize, or encourage hostility towards any Jewish students in class or on campus. These professors must be fired, tenure or no tenure.
3. allowing any kind of political demonstrations on campus that sow Jew hatred, threaten genocide towards Jews (“From the River to the Sea”), blame Jews or any other minority for anyone’s problems or that prevent Jewish students from attending classes, coming or going between classes, or threaten or intimidate Jewish students or any other minority in any way. There is no problem having political meetings or protests as long as they do not threaten the students that attend the school, and as long as they are not efforts to spread a genocidal message.
4. Harassment of Jewish or Israeli speakers invited to the college should result in loss of federal funding for the school. Thus students will likely be put on probation if not dismissed from the school for harassment of Jewish or Israeli speakers.
The responsibility of the students:
1. Students already indoctrinated are like people with a character disorder: they do not see any problem with the way they think or act. However, they make life miserable for those around them. Usually there is no likelihood of successful psychological intervention unless someone wants help. In this situation, the students are not going to want help, and will not agree that they even have a problem. These people are troubled, and we cannot have a society of troubled people who think genocide against the Jews is a really good idea. So I suggest that these indoctrinated students be required, as a requirement for graduation, to attend classes and seminars on the history of Nazism and the connection between Nazism and the Palestinian victimhood movement. It will be important to teach them that people who massacre old women, babies, women and men don’t get to cry victimhood and say they are experiencing genocide. They should be required to watch videos of the Gaza genocide. They should be encouraged to look into every single claim of the Palestinians, and be responsible for studying the history of Israel and the Jews, with emphasis on correcting their indoctrinated ideas about colonialism, being “privileged” etc. Learning about the history of the city of Jerusalem is a good corrective to thinking Jews are colonialists. In addition, learning about the leadership of the Palestinian people and their role in encouraging martyrdom while vacuuming up all the international aid money for themselves should be explored to give them an idea as to who exactly has failed or harmed the Palestinians.
Students not wishing to take these seminars would not be allowed to graduate.
There is little that can be done for those who have already graduated with these damaged minds and hateful attitudes towards Jews. However, our society should begin a general education process throughout all grades that would immunize students from indoctrination into Islamic or Marxist ideas. It should be made socially unacceptable to express antisemitic ideas or to act on hatred of Jews. People should be shamed and come to understand that there is no place in our society for this set of harmful, self destructive, and dangerous set of ideas. It does not need to be said that all criticism of Jews and the State of Israel are to be off limits.
*It is likely that this is not a coincidence, because the same individual elites who gave us the fake pandemic and the fake vaccine which turned out to be a bioweapon, are the same elites who created the indoctrination program of American students into ideologies that destroy our Judeo-Christian culture and mores.
Excellent, extremely informative article. I have some problems with source identification or it absence. This articcle appeared in Arutz Sheva before it was republished by Israpundit (artihttps://www.israelnationalnews.com/news/402131).
Israpundit should acknowledge the original source of articles it republishes. In this case Arutz Sheva, which had published Mr. Grunstein’s article first.
I think that Mr. Grunstein’s article could have been better organized for clarity. He mentions Title VI as an important tool for cracking down on the illegal funding for the campus riots and intimidation of Jewish students before he identifies what Title VI is and how it is relevant to the rioting and other antisemitic activities. He also notes that it is a criminal act to provide material support for a a foreign terrorist organization (FTO) before he identifies what the foreign terrorist organizations are that are funding and directing the campus riots.
Over 3,000 murderers to be released in exchange for 25 hostages if this deal goes through. Sinwar was one of these. What goes around comes around. The counter-offer should be to postpone executing them.
During the much-maligned McCarthy era, unaffiliated communists like C. Wright Mills and Saul Alinsky went untouched., only those connected to the Soviet-funded and directed Communist Party USA were. South Korea would not exist if Communist Party leaders had not been jailed. The McCarthy Era began and ended at the same time. Of course, the U.S. is not technically at war or so they say.
https://www.jewishpress.com/news/eye-on-palestine/hamas/pas-detainees-official-more-than-3000-murderers-to-be-released-in-hostage-deal/2025/01/12/