Florida Attorney General Ashley Moody and 21 other state AGs have filed a brief urging a federal court to deny requests to dismiss a lawsuit brought under the Anti-Terrorism Act by survivors and family members of those murdered during the Hamas terrorist attack last October.
The lawsuit, filed in U.S. District Court for the Eastern District of Virginia, seeks to hold AJP Educational Foundation Inc. — also known as American Muslims for Palestine — and the National Students for Justice in Palestine accountable for allegedly providing material support to Hamas, a designated foreign terrorist organization.
The AG’s amicus, or friend of the court, 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.
“I have been clear since the abhorrent attacks on October 7th that any group found to be providing material support for foreign terrorist organizations will be held accountable for breaking the law,” Moody said in a press release. “I, along with my colleagues, am proud to support legal efforts to enforce the Anti-Terrorism Act.”
The ATA was 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.
The AGs say that because some states 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 AGs say 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 and the Islamic Association of Palestine, 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 ceased the nefarious activities of the defunct organizations. The lawsuit alleges that they 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.
The amicus brief was led by Virginia Attorney General Jason S. Miyares and Iowa AG Brenna Bird. Other AGs joining the coalition in addition to Moody are the AGs from Alabama, Alaska, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah and West Virginia.
Last October 7, Hamas and several other Palestinian nationalist militant groups launched armed invasions from the Gaza Strip into the Gaza Envelope of southern Israel, the first invasion of Israeli territory since the 1948 Arab-Israeli War. The attack coincided with the Jewish religious holiday Simchat Torah. The attack started the ongoing war between Israel and Hamas.