A coalition of 25 US states filed a legal brief (amici curiae) against American Muslims for Palestine and National Students for Justice in Palestine over their role in providing material support to Hamas terrorists on October 7, 2023.
Amici curiae, or “friends of the court,” are non-parties to a lawsuit who are permitted to provide information to assist in the legal proceedings, usually through filing an amici brief.
This brief has been filed in support of a group of survivors of Hamas’s October 7 terrorist attack, family members of those murdered by Hamas, civilians under fire from Hamas’s ongoing terrorism, and individuals displaced by Hamas’s ongoing terrorism.
Those victims have since brought claims against various US-based groups under the federal Anti-Terrorism Act (Parizer et al. v. AJP Educational Foundation et al.).
The brief is designed to support the victims and ensure that terrorist supporters are brought to justice. The coalition was led by Virginia Attorney-General Jason Miyares and Iowa Attorney-General Brenna Bird.
What is unusual about the brief is its unusually high cross-state participation, indicating a strong belief in the perceived national importance of the case. The states emphasize their independent sovereign interest, not just sympathy for plaintiffs.
Links to Hamas, terrorist activity
On October 8, 2023, AMP and NSJP declared that they were “Part of a 'Unity Intifada' under Hamas’s “unified command.”
As the brief notes, providing material support to designated terrorist organizations like Hamas violates federal law – and state law in many cases. As such, the brief argues that AMP and NSJP should be held accountable for their words and actions, just like Hamas.
The brief describes the “disturbing story of AMP and NSJP serving as the propaganda and recruiting wing of a foreign terrorist organization in the United States.” It also explains how AMP was founded by former senior members of the Holy Land Foundation, which was connected to both Hamas and the Muslim Brotherhood.
AMP, in turn, founded its fiscal sponsor, AJP Educational Foundation, Inc., in 2008 and its campus advocacy wing, NSJP, in 2010.
The brief argued that AMP and NSJP “provide public relations and communications.”
The brief also criticized the district court’s decision to dismiss the case’s Anti-Terrorism Act claims before discovery, calling this a “disservice to the very purpose of the ATA.”
The original case was filed in the Eastern District of Virginia but was dismissed at the motion-to-dismiss stage, before discovery. Plaintiffs appealed to the Fourth Circuit, and a new 25-state filing argues that the dismissal undermines antiterrorism laws.
“Radical Islamic terrorist groups like Hamas must be decimated and dismantled, and that includes their domestic supporting branches,” said one of the amici curiae, Texas Attorney-General Ken Paxton, in a statement on Wednesday.
“Terrorism relies on complex networks and intermediaries, and the law must be enforced against those who knowingly provide material support. My office will continue to defend Americans who have been brutally affected by terrorism and ensure accountability under the law.”
This action follows Paxton’s legal defense of Texas’s designation of the Muslim Brotherhood and CAIR as foreign terrorist and transnational criminal organizations.