September 23, 2024 - Attorney General Miyares Leads Amicus Brief Supporting Victims of Hamas Terrorism

Attorney General Miyares Leads Amicus Brief Supporting Victims of Hamas Terrorism

Brief Opposes Attempt by an Organization that Allegedly Engaged in Pro-Hamas Propaganda and Recruiting to Dismiss Victims' Claims

RICHMOND, VA - Virginia Attorney General Jason Miyares led a 22-state coalition in filing an amicus brief in the U.S. District Court for the Eastern District of Virginia urging the Court to deny requests to dismiss a lawsuit brought under the Anti-Terrorism Act (ATA) by survivors of, and family members of those murdered during, Hamas's October 7, 2023 terrorist attack.

The lawsuit 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.

"Virginia stands firmly against those who provide support to terrorist organizations, and we are committed to ensuring that justice is served," said Attorney General Miyares. "While no amount of financial compensation can undo the horrors of the October 7 attacks, the ATA ensures that victims can seek some form of justice by holding supporters of terrorism financially accountable. These victims should be allowed to have their day in court instead of being outright dismissed."

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 wereconvicted 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 Miyares launched a separateinvestigation into potential violations of state law, including allegations that AMP used funds to support terrorist organizations.

Attorney General Miyares is joined by Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia.

To read the amicus brief, click here.

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