Lawfare in Action: Attack on US Campaign for Palestinian Rights as a Case Study

Resource

February 12, 2023

In this episode of FMEP’s Occupied Thoughts podcast, FMEP President Lara Friedman speaks with Ahmad Abuznaid (US Campaign for Palestinian Rights – USCPR) and Diala Shamas (Center for Constitutional Rights) about the lawsuit filed by the Jewish National Fund against USCPR — which was dismissed by a U.S. federal judge in March 2021 and is now being appealed — as well as about what can be learned from this case about efforts by pro-Israel actors to instrumentalize and weaponize U.S. laws to target and suppress Palestinian activism and solidarity.

Occupied Thoughts by FMEP · Lawfare in Action: Attack on US Campaign for Palestinian Rights as a Case Study

Recorded February 10, 2023

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Podcasts Participants

Ahmad Abuznaid is the Executive Director of the US Campaign for Palestinian Rights. Prior to joining USCPR, Ahmad co-founded the Florida-based Dream Defenders after the killing of Trayvon Martin, serving as Legal & Policy Director and COO during his time there. Ahmad went on to lead the National Network for Arab American Communities as the Executive Director from 2017 to 2019. Follow his work at: https://uscpr.org and on Twitter at @A7madAbuznaid & @USCPR_

Diala Shamas is a Senior Staff Attorney at the Center for Constitutional Rights, where she works on challenging government and law enforcement abuses perpetrated under the guise of national security, both in the U.S. and abroad. Prior to joining the Center for Constitutional Rights, Diala was a Clinical Supervising Attorney and Lecturer in Law at Stanford Law School, and a Senior Staff Attorney supervising the CLEAR (Creating Law Enforcement Accountability & Responsibility) project at CUNY School of Law. Follow her work at: https://ccrjustice.org and on Twitter at @theCCR

Resources related to this podcast

General

Center for Constitutional Rights: Jewish National Fund v. US Campaign for Palestinian Rights (case page)
Charity & Security Network: Keren Kayemeth LeIsrael-Jewish National Fund v. Education for a Just Peace in the Middle East d/b/a US Campaign for Palestinian Rights (resource page)

The Court Filings

Text of court complaint, filed 11/13/19: Keren Kayemeth LeIsrael-Jewish National Fund, et al vs. Education for Just Peace in the Middle
Motion to Dismiss, filed 3/5/20
JNF opposition to Motion to Dismiss, filed 5/19/20
USCPR response to JNF opposition to Motion to Dismiss, filed 6/9/20
Court ruling granting Motion to Dismiss, 3/29/21
Motion to Appeal, filed 8/31/21
JNF appeal brief, filed 1/24/22
USCPR response brief, filed 3/1/22
JNF final appellant brief, filed 4/26/22
USCPR final appellee brief, filed 4/29/22
Oral Arguments 1/12/23 – audio stream

Media Coverage

Round 1 – Case Filed/made public (November 2019)

Heideman Nudelman & Kalik, PC, law firm 11/13/19: KKL-JNF, American Victims of Terror File Litigation Against US Charity for Funneling Donations to HAMAS and other Foreign Terror Organizations — Litigation Filed to Hold Charity Liable for Damages Incurred by Terrorist Attacks in Gaza Envelope
International Legal Forum [Israeli lawfare organization closely linked to the Israeli government] GROUND-BREAKING LEGAL BATTLE LINKS BDS, TERRORISM AND US-BASED HUMAN RIGHTS GROUP (not dated, but published on or about 11/14/19) [Excerpt: “For almost two years the ILF, along with our partners, have been researching the links between the BDS and designated terror groups, with the aim to stop the funding and de-legitimize this vehemently antisemitic and exploitative movement. In November 2019, utilizing this research, the ILF prepared and recruited Keren Kayemet Le’Yisrael (KKL-JNF), together with a group of terror victims, in suing the US-based charity “Campaign for Palestinian Rights” (USCPR) for $90 million in damages, caused to property and environment, as well as emotional harm. These damages were all caused by missiles, balloons, kites, and other incendiary devices launched from the Gaza Strip during the Marches of Return, that began March 2018. USCPR is one of the fiscal sponsors of the BDS National Committee (BNC).”]
Fox News 11/14/19: Pro-Palestinian charity funneled money to Hamas, terror victims allege in lawsuit
Palestine Legal 3/6/20: Frivolous Suit Will Not Deter US Campaign for Palestinian Rights
Center for Constitutional Rights 3/6/20: Palestinian Rights Organization Challenges Meritless Lawsuit Filed Against It [“Attorneys Say Case Is Part of Broader Assault on Human Rights Defenders”]
+972 Magazine 4/6/20: Jewish National Fund joins campaign to quash Palestine advocacy in the U.S [“A lawsuit against a U.S.-based Palestinian rights group is part of a strategy aimed at diverting activists’ resources away from challenging Israeli policies.”]