SEP 23, 2024
Brief opposes attempt by an organization that allegedly engaged in pro-Hamas propaganda and recruiting to dismiss victims’ claims
(COLUMBIA, S.C.) – South Carolina Attorney General Alan Wilson joined a 22-state coalition in filing a friend-of-the-court brief urging a federal court to deny requests to dismiss a lawsuit brought by survivors and family members of those murdered during Hamas’s October 7, 2023, terrorist attack. The lawsuit was filed in the U.S. District Court for the Eastern District of Virginia under the Anti-Terrorism Act (ATA). It seeks to hold AJP Educational Foundation Inc. (also known as American Muslims for Palestine (AMP)) and the National Students for Justice in Palestine (NSJP) accountable for allegedly providing material support to Hamas, a designated foreign terrorist organization. The brief argues that dismissing these claims before discovery would undermine the ability of victims to receive compensation and prevent organizations like AMP and NSJP from being held accountable for their actions.
“These groups said the day after the terrorist attack that they were part of a unified revolt under Hamas’s command, and they need to be held accountable,” Attorney General Wilson said. “Hamas is terrorism with a capital T. The Anti-Terrorism Act is the most effective way for survivors and victims’ families to try to get compensation from these groups, so the Court should deny the request to dismiss these claims.”
The ATA was specifically designed to provide a civil cause of action for victims of international terrorism, allowing them to seek monetary damages from those who provide material support to terrorist groups. Because some states, like Virginia, have limited avenues for victims to seek damages from supporters of terrorism, the ATA remains the most effective tool for plaintiffs seeking compensation for the horrific acts committed against them. In this case, the ATA may be the only legal recourse for the plaintiffs to hold AMP and NSJP accountable for their alleged actions.
The lawsuit alleges that AMP’s material support for Hamas has persisted for decades, originating from its predecessor organizations, including the Holy Land Foundation (HLF) and the Islamic Association of Palestine (IAP), whose board members were convicted of providing material support in the form of millions of dollars to Hamas.
Leaders from HLF and IAP, including AMP’s Executive Director, formed AMP after those organizations collapsed and dissolved. There is no evidence that AMP, NSJP, or their affiliates have ceased the nefarious activities of the defunct organizations. The lawsuit alleges that they have instead perpetuated this legacy by engaging in propaganda and recruitment for Hamas.
Hamas’s charter explicitly calls for its supporters to engage in communication and propaganda efforts on its behalf to join the battle. In the wake of the October 7 attack, Hamas leadership urged international supporters to rally. NSJP responded by releasing a “Day of Resistance Toolkit” that the lawsuit alleges instructs members on how to continue their support for Hamas.
Additionally, in Virginia, where AMP is based, Attorney General Jason Miyares launched a separate investigation into potential violations of state law, including allegations that AMP used funds to support terrorist organizations.
Attorney General Wilson is joined in this brief, led by Virginia Attorney General Miyares and Iowa Attorney General Brenna Bird, by Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and West Virginia.
To read the amicus brief, click here.
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