More stories

  • in

    Claudine Gay’s resignation had nothing to do with plagiarism | Moira Donegan

    Any political observer who is not too stupid or too full of himself to notice what is going on knows that the resignation of Claudine Gay, the president of Harvard University who was driven from her job this week, had nothing to do with plagiarism.There are all sorts of factors that make this obvious: there is the reality that Gay’s field, political science, is a data-driven discipline in which abstracts from one paper are not-infrequently copied as parts of a literature review in another, and that the borrowed phrases and summaries that account for Gay’s “plagiarism” are not crimes of theft but of sloppiness, with little bearing on the originality of her work.There is the fact that Gay’s “plagiarism” scandal arose belatedly, brought up in tenuous relation to a similarly fatuous and opportunistic false claim by the Republican congresswoman Elise Stefanik that Gay had abetted antisemitism at Harvard. (The same accusation also led to the ouster, last month, of the University of Pennsylvania president, M Elizabeth Magill).There is the fact that rightwing propagandists, prominently the anti-education crusader Christopher Rufo, openly admitted the pretextual nature of their plagiarism smear against Gay, and frankly spoke of their intention to manipulate the national media into creating a baseless controversy that would drive Gay, Harvard’s first Black president and only the second woman to lead the university, out of her job.But recounting all of this is tedious, and cedes the terms of the debate to the authors of this false controversy–fighting on their territory, arguing the questions they pose, giving good-faith rebuttals to allegations they do not pretend to believe even as they make them. As the sociologist Victor Ray put it, “Accepting the bad-faith framing is a choice to ally oneself with the bad-faith actors.”But this is what much of the mainstream media, over the past weeks of the so-called “controversy” over Gay’s tenure at Harvard, has been doing with unnerving enthusiasm. Between her congressional testimony in December and her resignation on Tuesday, the New York Times alone published more than 60 items about Gay, breathlessly covering alleged plagiarism in her 25-year-old dissertation; CNN joined in, granting credulous coverage to claims that Gay had plagiarized in graduate school and granting airtime to claims made by the likes of Bill Ackman, a billionaire hedge fund manager and Harvard donor who openly stated that he hoped to dislodge Gay because of his disdain for “DEI”, – the corporate euphemism for racial integration efforts.The flurry of coverage resulted in not so much a clear articulation of alleged misconduct by Gay as a vague fog of ill will that carried stench of scandal. The media seemed assured that Gay had done something wrong: maybe it was about academic integrity, or maybe it was about the supposed antisemitism on campus; maybe it was the racist subtext, all but declared by Gay’s rightwing critics, that a Black woman who attained a position of superlative prestige and authority could necessarily not have done so by merit. The media followed all this as if any of it was real, as if any of it mattered, proving themselves willing to serve as outlets for a rightwing propaganda effort that is wildly cynical, demonstrably sadistic, and avowedly indifferent to the truth.In reality, it is not just that Gay’s ouster has nothing to do with plagiarism: it is that it has nothing to do with Claudine Gay. Her resignation is merely the latest episode in the rightwing’s assault on education – a project that has increased in its virulence and success in recent years, but which has been decades in the making. Republicans hate education, and they have demonstrated this hate in both their policymaking and in the public theater of their cultural grievance.They defund and privatize public schools, and they attempt to make public enemies of teachers; they ban books, and force educators into the closet, and impose abstinence-only sex education. They manipulate Title IX to make universities hostile to women and deferential to rapists; they impose bizarre, invasive and lascivious rules that would compel period tracking and genital inspections for student athletes. They take over colleges and gut departments that might lead students to think critically about social hierarchies; through their partisans on the supreme court, they have now banned affirmative action in admissions. They dox student activists, harass and intimidate professors, and, now, purge administrators. This is the story that the media has been studiously ignoring, preferring to miss the forest of a coordinated anti-education effort for the trees of a flimsy, pretextual citation scandal. One has to ask: what are they so afraid of?It may be that Republicans are hostile to education because they believe that the world they want to usher in – one in which hierarchies of race and gender are entrenched, naturalized and given the force of law – is not possible to impose except on a population that has been kept ignorant. But the fact is that if the university system were as strong an incubator of pro-equality, pro-democracy social forces as the Republican machine seems to think it is, then it would not be so vulnerable to such transparently bad-faith attacks.In reality, the American university is weakened – low on public funding, reliant on underpaid, contingent and dissatisfied academic labor, and subject to the whims of very wealthy donors. In such conditions of precarity and scarcity, true freedom of thought has long been something of an fiction for academics and students alike, who know well, for instance, that they cannot report sexual harassment or openly support Palestinian freedom without inviting harassment or risking their careers.Universities, at their best, remain sites of robust debate and challenging inquiry. But at their worst, they are sites of vampiric labor exploitation, of malign incentives for scholars, and, increasingly, of meddling by ambitious Republican operatives or politically appointed trustees. Gay can be forced to resign for transparently dishonest reasons because universities like Harvard are dependent on bad-faith actors who wanted her gone to pursue their own agendas – and because they lack the will to break this dependence.Something similar might be said of the mainstream media. Many news outlets – much like universities – have been weakened by declines in revenue, and have largely failed to adapt to the rise of an anti-intellectual and anti-democratic right wing that is indifferent to the truth. Instead of covering the malfeasance of these actors, they have anxiously tried to maintain the appearance of neutrality – sometimes at the expense of frankly telling the truth. They, too, are dependent on the good will of the right – in the form of subscribers and sources alike. And they, too, have been manipulated in this dependence, becoming willing to use their platforms and prestige to lend legitimacy to faux controversies that otherwise would have not have any.None of this is to say that Claudine Gay is an especially innocent or admirable figure. It is to say that her character does not much matter: no institution, no social movement, and no profession can survive if its survival depends on the moral perfection of all its main actors. Both the media and the American university system had an opportunity to see the attacks on her in the context of Republicans’ broader anti-education crusade – to treat the right wing’s bad faith for what it really was, and to treat Gay’s missteps for what they really were. They failed.
    Moira Donegan is a Guardian US columnist More

  • in

    ‘Racist, vicious’: academics decry rightwing attacks on Claudine Gay

    On Tuesday afternoon, Claudine Gay resigned from her post as president of Harvard University, making her six-month tenure the shortest in university history. In the aftermath of her departure from the position, many argued that the aggressive nature of the campaign against her was motivated not by questions about her academic integrity or about her response to campus controversy, but by her race.Pressure on Gay to resign grew following her 5 December congressional testimony, where she, along with the presidents of MIT and the University of Pennsylvania, answered questions regarding allegations of on-campus antisemitism related to the Israel-Gaza war. Shortly thereafter, plagiarism allegations published on conservative website the Washington Free Beacon mounted against Gay, ultimately leading to her resignation.Janai Nelson, the president and direct-counsel of the NAACP Legal Defense Fund, wrote on X (formerly Twitter): “Attacks against Claudine Gay have been unrelenting & the biases unmasked. Her resignation on the heels of [UPenn president] Liz Magill’s set dangerous precedent in the academy for political witch hunts. The project isn’t to thwart hate but to foment it thru vicious takedowns. This protects no one.”Ibram X Kendi, the founder of the Boston University Center for Antiracist Research, wrote: “Racist mobs won’t stop until they topple all Black people from positions of power and influence who are not reinforcing the structure of racism. What these racist mobs are doing should be obvious to any reporter who cares about truth or justice as opposed to conflicts and clicks.”In her resignation letter, Gay acknowledged the racism she experienced following her congressional testimony. And though she issued additional citations to her doctoral dissertation and other papers following the backlash, she also used the letter to defend the integrity of her work. “It has been distressing to have doubt cast on my commitments to confronting hate and to upholding scholarly rigor – two bedrock values that are fundamental to who I am – and frightening to be subjected to personal attacks and threats fueled by racial animus,” she wrote.The Harvard Corporation, the university’s governing body, issued a statement in support of Gay, condemning the racist vitriol she experienced.“While President Gay has acknowledged missteps and has taken responsibility for them, it is also true that she has shown remarkable resilience in the face of deeply personal and sustained attacks,” the statement reads. “While some of this has played out in the public domain, much of it has taken the form of repugnant and in some cases racist vitriol directed at her through disgraceful emails and phone calls. We condemn such attacks in the strongest possible terms.”The attacks against Gay and the open admission by some rightwing pundits and activists to execute similar plans across higher education could have larger implications. Roopika Risam, an associate professor at Dartmouth, wrote: “While no one owes Harvard pity, we’d be remiss to not see this as an attack on higher ed, like ones in states like Florida and South Dakota (and and and…), laying the groundwork for ongoing dismantling higher ed – especially public higher ed, where states hold the purse strings.”Risam may have been referencing the efforts of people like Christopher Rufo, a conservative activist who led the campaign against Gay. Last month, Rufo posted on X: “We launched the Claudine Gay plagiarism story from the Right. The next step is to smuggle it into the media apparatus of the Left, legitimizing the narrative to center-left actors who have the power to topple her. Then squeeze.”skip past newsletter promotionafter newsletter promotionFollowing Gay’s resignation, Rufo posted: “Today, we celebrate victory. Tomorrow, we get back to the fight. We must not stop until we have abolished DEI ideology from every institution in America.”Elise M Stefanik, a representative from New York and Harvard alum, led one of the most aggressive lines of questioning during the congressional hearing. On 2 January, Stefanik posted on X: “TWO DOWN,” a reference to the resignations of both Gay and the University of Pennsylvania president, Elizabeth Magill.Gay will remain on the Harvard faculty following her resignation. But conservative lawmakers and pundits have indicated that the academic purge that began with efforts to overturn diversity, equity and inclusion efforts and swept up both Gay and Magill, will continue. More

  • in

    Top Hamas Official Is Killed, and Harvard President Resigns

    The New York Times Audio app is home to journalism and storytelling, and provides news, depth and serendipity. If you haven’t already, download it here — available to Times news subscribers on iOS — and sign up for our weekly newsletter.The Headlines brings you the biggest stories of the day from the Times journalists who are covering them, all in about five minutes.Damage after an explosion in southern Beirut, Lebanon, on Tuesday. The blast killed Saleh al-Arouri, a senior Hamas leader. Lebanese and U.S. officials ascribed the attack to Israel.Bilal Hussein/Associated PressOn Today’s Episode:Top Hamas Official Is Killed in Lebanon as Fears Grow of a Wider War, by Ben Hubbard, Ronen Bergman, Aaron Boxerman, Euan Ward and Eric SchmittHow a Proxy Fight Over Campus Politics Brought Down Harvard’s President, by Nicholas ConfessoreMenendez Faces a New Accusation: Aiding the Qatari Government, by Tracey Tully, Benjamin Weiser and Nicholas FandosTrump Appeals Decision Barring Him From Maine Primary Ballot, by Jenna RussellThe Wildly Popular Police Scanner Goes Silent for Many, with Ernesto LondoñoIan Stewart and Jessica Metzger and More

  • in

    Plagiarism Allegations Against Claudine Gay

    More from our inbox:The Bronx Defenders and the Fallout From WarUndoing Roe: ‘A Shameful Saga’Buying Cashmere Without an Environmental CostKen Cedeno/ReutersTo the Editor:Re “Why Claudine Gay Should Go,” by John McWhorter (column, nytimes.com, Dec. 21):Mr. McWhorter argues that Claudine Gay, the president of Harvard, should be held to the same academic standards as the institution’s undergraduates. If only that were true!When I was a graduate student there in the late 1990s, I was warned by a senior professor not to pursue a case of plagiarism because it might lead to a lawsuit. The university, he confided, had recently lost a costly court case brought by the parents of a student accused of plagiarism.Plagiarists are rarely brought to account, especially in academe, where it is often treated as a minor delict. How do I know? I’ve been plagiarized by at least two other academics, including a visiting professor at Harvard during my first year of graduate school. Neither she nor the other offender ever faced any consequences.Andrew I. PortDetroitThe writer is a professor of history at Wayne State University.To the EditorRe “Harvard Finds More ‘Duplicative Language’ of President” (news article, Dec. 22):I find it quite odd for The Times to consistently lead the coverage of Claudine Gay’s academic work with an overemphasis that “conservative” voices have driven the claims of plagiarism.The issue is not the political background of the whistle-blowers, but the actual charges. I (hardly a conservative if it matters) wrote articles, a master’s thesis, a Ph.D. dissertation and a book, and I can guarantee that in each case I knew my writing and what I got from other sources (primary and secondary).Nothing bothered my mentor and friend, the late historian Stan Kutler, more than plagiarists who claimed, after getting caught, that their stealing was an oversight, a little mistake, a slight error, a problem in checking content. No, they simply got caught.Dr. Gay would surely support a grad student’s expulsion for plagiarizing. Her turn.Joseph L. DavisMadison, Wis.To the Editor:The New York Times has devoted a startling amount of coverage to sorting out the question of Claudine Gay’s plagiarism. May I suggest that before devoting more, the newspaper’s reporters might want to examine publications by all the Harvard presidents who came before her? And perhaps some of those by its most famous professors, too.The computer technology that exists today may allow critics to scrutinize her writings far more than any past scholar’s work was scrutinized when such technological capabilities did not exist.Let’s see how much she is an outlier in her community — or not — before condemning her so roundly.Janna Malamud SmithMilton, Mass.The writer graduated from Harvard in 1973.The Bronx Defenders and the Fallout From WarSome lawyers in housing and family courts have said they want nothing to do with members of the Bronx Defenders.Angela Weiss/Agence France-Presse — Getty ImagesTo the Editor:Re “Feud Over War Imperils Future of Legal Group; Claims of Antisemitism at Bronx Defenders” (front page, Dec. 15):I am an attorney and a former priest at St. Ann’s Episcopal Church in the South Bronx.The Bronx Defenders are among the best lawyers in the city. A lawyer’s duty is to represent a client “zealously,” and the Bronx Defenders represent their clients passionately. I always felt confident when they represented a parishioner or someone I knew from the community.Apparently they bring the same passion to advocating for Palestinians, seeing the hardships they face as similar to those of their South Bronx clients.I urgently hope that they can see that, throughout history, the Jewish people have suffered from prejudice that is also similar to the prejudice their clients have experienced, and, for the sake of their clients, save the Bronx Defenders.(Rev.) Martha OverallNew YorkTo the Editor:Your article about the Bronx Defenders epitomizes my deepest fears about the effects of the Israel-Hamas war on the United States.Longstanding progressive American allies in the campaigns for free speech, civil rights, marriage equality, reproductive freedom, L.G.B.T.Q. protections, educational and legal reform, health care for all, affordable housing, academic freedom, animal and environmental protection — and more — are fighting each other over support for Israel versus support for Palestine as if no compromise were possible and this one point of conflict outweighed years of cooperative work, personal friendships and even family ties.Marches, flag-waving and ill-informed slogan-shouting, especially on college campuses, will have little effect on the war, but they might alienate enough normally Democratic voters to let Donald Trump win a close election. That would harm the country beyond our wildest imagining far into the future.Judy OlinickMiddlebury, Vt.Undoing Roe: ‘A Shameful Saga’Erin Schaff/The New York Times; Illustration by Matt DorfmanTo the Editor:Re “Behind the Scenes at the Dismantling of Roe” (front page, Dec. 17):This brilliant account of the undoing of Roe v. Wade exposes a shameful saga of partisan judging by justices who were committed to ending a woman’s constitutional right to an abortion even as they misled the Senate about their respect for long-settled precedent.Appointed by then-President Donald Trump with the mandate of reversing Roe, the three newest justices joined the reactionary core of Justices Clarence Thomas and Samuel Alito to fashion a decision that will live in infamy, rivaled in disgrace only by the cases of Citizens United and Dred Scott.The story of how the conservative majority manipulated the calendaring and hearing of the case, and their activism in going beyond the limited relief initially sought by Mississippi, will further erode public confidence in the integrity of the court and undermine its legitimacy as a once revered institution.Gerald HarrisNew YorkThe writer is a retired New York City Criminal Court judge.Buying Cashmere Without an Environmental CostGoats grazing on the Mongolian Plateau in Central Asia.Gilles Sabrié for The New York TimesTo the Editor:Re “Demand for Cashmere Is Harming the Environment,” by Ginger Allington (Opinion guest essay, Dec. 17):While, of course, we must do all we can to preserve the incredibly fragile world we walk on, we can own cashmere — buy it used!Dr. Allington’s vivid essay teaches us to eschew the fabric that comes from the destructive practices used in herding Mongolian goats. But, as she says, “consider vintage cashmere.” We can head to our nearest consignment shop or other retailer of preworn clothing and find cashmere treasures for our loved ones during these alarming times.Here’s to such warmth!Deborah FriedNew Haven, Conn.To the Editor:Thank you so much for Ginger Allington’s guest essay on cheap cashmere fibers. It is up to every one of us to make a difference by choosing sustainable options.I had the luxury of buying several real cashmere sweaters in the 1970s. I am still wearing them! And I have just inherited a batch from my mother’s closet that are all still perfectly wearable because of the quality. The cheap cashmere that is being produced is doubly egregious because it won’t last one season.At what cost fast fashion? Is it the chicken or the egg? Buyers should stop buying, or manufacturers should stop producing?Susan StockToronto More

  • in

    Giuliani defamation trial live: election worker testifies ex-Trump lawyer’s 2020 lies ruined her life and left her ‘in a dark place’

    Shaye Moss just ended approximately two hours of haunting testimony detailing how her life has been ruined ever since Rudy Giuliani spread lies about her after the 2020 election.Her worst fear, she said, is that her teenage son will come home to find her and her mother hanging from a tree in front of their home. She still pulls over in her neighborhood because she feels like someone is following them. She doesn’t go out alone. She has panic attacks. She left the job that she worked hard to get because she had become a “pariah” in the office. When her son started getting harassing messages and failed all of his classes in the 9th grade, she felt responsible and like “the worst mom in the world”.“I feel like I’m in a dark place and the only thing that surrounds me are the conspiracy and the lies,” she said.She ended her direct testimony by talking about how she’s trapped in a cycle of eating, sleeping, and crying. “Sadly that’s my life.”Rudy Giuliani’s lawyer will cross-examine her when court resumes this afternoon at 2pm.
    It was a day of emotional testimony in a Washington courtroom, where Shaye Moss took the stand in the defamation trial against Rudy Giuliani. She recounted in devastating detail the ways the former New York City mayor’s lies and the ensuing harassment upended her life, destroyed her sense of security and self-worth and hurt her family.
    Under cross-examination, Moss pointedly noted that the harm caused by Giuliani continues to this day as the former mayor repeated his lies about her to reporters as recently as Monday. Giuliani’s comments to reporters drew a sharp rebuke from the judge.
    Beyond the trial, other big stories today:
    New York’s top court said the state must redraw its congressional maps, in a decision widely seen as a victory for Democrats in the battle to win control of the narrowly divided House of Representatives.
    The Texas supreme court overturned a lower court order that would have allowed Kate Cox to get an abortion for a fetus with a fatal condition. Cox went out of state for the procedure.
    Claudine Gay will remain the president of Harvard University despite calls for her removal following testimony before a congressional hearing about antisemitism on campus last week.
    US inflation ticked down again last month, with cheaper gas helping further lighten the weight of consumer price increases in the US.
    Meanwhile, Volodymyr Zelenskiy failed to persuade congressional Republicans to rush aid to Ukraine as Russia’s war nears its third year. During a visit to Washington, Zelenskiy met with members of Congress and Joe Biden on Tuesday.
    Still to come: CNN will host a presidential town hall in Iowa with Republican White House hopeful Ron DeSantis.
    Sam reports that Shaye Moss has completed her testimony after taking the witness stand to answer questions from Rudy Giuliani’s lawyer and her own.Giuliani’s lawyer, Joseph Sibley, sought to undercut the idea millions of dollars in damages were required to repair her reputation. He also sought to distance Giuliani from any harm Moss suffered.John Langford, one of Moss’s attorneys, asked her to further explain why she was not looking for work.“I definitely would have to start off again at the bottom and work my way up. I am wanting to do that but I am not mentally able to do that with things are the way are now,” Moss said. “Most days I pray that God does not wake me up and I just disappear.”She also explained that she does not go out alone, except for one instance in which she did it as homework for her therapist.“I did it so terrified. I felt extremely nauseous. But thankfully there was this guy at the bar,” she said. “He was a Jewish guy. He literally talked the entire time about this movie about this family that is in the pharmaceuticals. The guy was just talking. And I did it. I was very proud of myself. But unfortunately I have not been able to do that again. But I did do it once.”Plaintiffs are now playing a videotaped deposition from Bernard Kerik.Here’s some background on the situation in New York written by our in-house expert on redistricting, Sam Levine (yes, the same one in court covering the election case).Despite outperforming expectations on election night last year, Republicans made stunning gains across New York, one of the nation’s most liberal states. They won four toss-up races and picked off congressman Sean Patrick Maloney, the House Democratic campaign chairman charged with protecting his party’s hold on Congress.That was possible under the map that will now be redrawn.Breaking from the Giuliani trial to mark a new legal development out of New York, where a court has agreed to allow the state to redraw its congressional map in a decision widely seen as a victory for Democrats.In an opinion issued on Tuesday afternoon, the liberal-leaning New York State Court of Appeals ordered the state’s redistricting commission to draw new maps by February 28, 2024. The court is effectively tossing out the highly competitive electoral map that gave Republicans an edge in several key House races last cycle – just enough to win the majority.The commission is split evenly between Republicans and Democrats, but the Democratic-controlled state legislature has final say over the redrawn map. Given the narrow divide in the US House, New York Democrats will be under pressure to reject any proposal that does not improve their electoral odds, particularly after Republicans aggressive gerrymanders in states like North Carolina.Giuliani’s lawyer is pressing Moss to disclose additional details about her medical health as a result of the former mayor’s lies.Here’s some more back-and-forth in what appears to be a somewhat combative round of questioning.More from our man on the ground:
    I personally cannot repair my reputation at the moment because your client is still lying on me and ruining my reputation further. How could I do that? How could you work in law everyone was saying you’re a horrible lawyer? Moss said under questioning.
    She added, per Sam: “We need to make a statement. We need to ensure that the election workers that are still there don’t have to go through this. Hopefully by hitting someone in their pockets, for someone whose whole career has been about their pockets, we will send a message.”Sam is back in the courtroom in the defamation trial in Washington DC, where Moss is being cross-examined.It’s unclear where exactly Sibley is going with his questions, Sam reports.A lot of his questions seem to be trying to get Moss to concede that there was confusion or uncertainty about what happened immediately after the 2020 election. The US district judge Beryl Howell has already found Giuliani liable for defamation, so whether or not Giuliani had grounds to make his outlandish claims is not really at issue in the trial.It cannot be easy to be the lawyer for the voluble former New York mayor. Moss is back on the stand for cross-examination from Giuliani’s attorney, Joseph Sibley.While we await the return of the Giuliani trial in DC, we’re linking to our Israel-Hamas war blog, where Biden has said Israel is “starting to lose support” of international community over its bombardment of Gaza.Biden also said that Netanyahu needs to change his hardline government.Biden’s comments come as Netanyahu thanked the US for its support on Tuesday, but noted that the US and Israel have had disagreements about “the day after Hamas”, said Israel’s prime minister on X.It is 1.20pm in Washington DC. Here is a round-up of what’s happened today:
    Georgia election worker Shaye Moss took the stand in the defamation trial against Rudy Giuliani, giving a haunting testimony of the ways the former New York City mayor’s lies and the ensuing harassment ruined her life and affected her family.
    Moss told the court she was a “bubbly, outgoing, happy Shaye” before she first became aware of lies Giuliani was spreading about her – and that threats left her feeling scared for her life. She recalled how she started receiving racist text messages and threats. “I was afraid for my life. I literally felt like someone was going to come and attempt to hang me and there’s nothing anyone can do about it.”
    Moss also told the court how her life has been ruined and she often still feels like she is being followed. She doesn’t go out alone and has panic attacks. She had to leave her job because she says she became a “pariah” in the office. Moss told the court her ordeal has left her feeling “in a dark place”.
    Giuliani’s mental fitness was questioned by the judge after he again told lies about Moss and Ruby Freeman in response to media questions after court last night. His comments entered into the court case Tuesday when Moss brought up how he had never apologized and continued to lie about her.
    Moss will be back on the stand at 2pm in Washington for cross-examination from Giuliani’s attorney.
    Beyond the trial, other big stories today …
    The Texas supreme court overturned a lower court order that would have allowed Kate Cox to get an abortion for a fetus with a fatal condition. Cox went out of state for the procedure.
    Claudine Gay will remain the president of Harvard University despite calls for her removal following testimony before a congressional hearing about antisemitism on campus last week.
    Shaye Moss just ended approximately two hours of haunting testimony detailing how her life has been ruined ever since Rudy Giuliani spread lies about her after the 2020 election.Her worst fear, she said, is that her teenage son will come home to find her and her mother hanging from a tree in front of their home. She still pulls over in her neighborhood because she feels like someone is following them. She doesn’t go out alone. She has panic attacks. She left the job that she worked hard to get because she had become a “pariah” in the office. When her son started getting harassing messages and failed all of his classes in the 9th grade, she felt responsible and like “the worst mom in the world”.“I feel like I’m in a dark place and the only thing that surrounds me are the conspiracy and the lies,” she said.She ended her direct testimony by talking about how she’s trapped in a cycle of eating, sleeping, and crying. “Sadly that’s my life.”Rudy Giuliani’s lawyer will cross-examine her when court resumes this afternoon at 2pm.Though Giuliani has already been found liable for defaming Moss and Freeman, his comments last night to the media where he claimed his lies about them were true will likely factor into the trial.Already, the US district judge Beryl Howell asked about Giuliani’s mental fitness, given his comments: “everything I said about them is true.”And on the stand this afternoon, Moss brought up his remarks, saying he was still “spreading lies about us last night”. Politico’s Kyle Cheney wrote on X that the judge is permitting Moss to talk about these comments, despite an objection from Giuliani’s lawyer. More

  • in

    The Harvard and UPenn presidents walked into a trap in Congress | Moustafa Bayoumi

    Last week in Congress, Representative Elise Stefanik proved how well she can throw a dead cat.Let me explain. During an hours-long hearing on 5 December, members of Congress grilled university presidents from Harvard, MIT and the University of Pennsylvania, some of the country’s most elite institutions of higher learning, about antisemitism on their campuses. But it was Stefanik’s questioning that grabbed the spotlight. She repeatedly asked the presidents essentially the same question: does calling for the genocide of Jews on your campus constitute harassment, yes or no?The question is a trap, of course, and for several reasons. The first and most important reason is that there’s no evidence anyone since 7 October, or even in recent history, has called for the genocide of Jews on any American campus, public or private. Stefanik’s question implies that such calls are commonplace, but she offered no proof.The second reason this is a trap is that the question can’t be answered with just “yes” or “no”. Public universities, as state actors, are bound by the first amendment, as are private universities which receive federal funding. And the vast majority of private universities guarantee freedom of speech and academic freedom as part of their core mission. The American university is, by tradition and design, precisely where abhorrent ideas can be uttered. So, if someone had called for the genocide of Jews, which they haven’t, that would be extremely disturbing but still protected speech.The utterance alone does not constitute harassment. In fact, the utterance should be an opportunity to debate and debunk – and not silence – the worst ideas of our day. To rise to harassment, such conduct must be targeted at an individual and, as a 2019 supreme court case decided, be “so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit”. Context makes the difference, or as this 2011 article, published by the American Bar Association, says: “It is the context that matters, and the context helps to make the determination about whether conduct is actionable under school policy or protected by the First Amendment.”The third reason the question is trap is that the situation is complicated by the overarching codes of conduct many universities have adopted, codes that I believe do often (wrongly) cross over into limiting speech. But here, too, Stefanik seems confused. Writing in the Wall Street Journal after the hearing, Stefanik ridiculed Harvard for requiring incoming undergraduates to take an online training session to help them identify language and behavior that could be considered hateful to others. But, while mocking Harvard’s approach, Stefanik – a rising Maga Republican – is at the same time demanding to be included in it. So, which is it?To recap: all three presidents were asked how they would hypothetically punish hypothetical students for uttering hypothetical thoughts. They answered, albeit with lawyerly detachment. Yet their responses were deemed by many, from the White House on down, as callous and insufficiently protective of Jewish students. Following the hearing, all the presidents attempted damage control, but the University of Pennsylvania president has since resigned.Meanwhile, not a word was spoken about the threats that Palestinian, Arab, or Muslim students and faculty (and their supporters) are facing. Billboard trucks drive around Cambridge, Massachusetts, and New York City and Washington, broadcasting the names and faces of Palestinian supporters and libelously labeling them “antisemites”. University leaders suspend campus groups such Students for Justice in Palestine in moves the ACLU has said “harken back to America’s mistakes during the McCarthy era, and in the months and years after 9/11”. Three Palestinian college students, speaking a mixture of Arabic and English, were shot in Vermont over Thanksgiving break in what was “absolutely was a hateful act”, the Burlington police chief told CNN. On 29 November, dozens of students and some faculty members at Trinity College, where one of the students is enrolled, walked out of a vigil for the injured student because they say the campus administration is downplaying their insecurity on campus.But there is something even more ominous in Stefanik’s questions. “You understand that the term ‘intifada’ in the context of the Israeli-Arab conflict is indeed a call for … the genocide of Jews,” she asked the Harvard president, Claudine Gay. I’m not aware if Stefanik is an Arabic speaker, but I suspect she’s not since she’s wrong again. The term “intifada” literally means “shaking off”. It’s often translated as “uprising”, and there have been non-violent and violent periods of Palestinian uprisings against a brutal Israeli occupation. At no point, however, has the word ever stood as a call for the genocide of Jews. What a gross misrepresentation.But Stefanik’s questions are aimed at backhandedly discrediting words like “intifada” and patrolling the language we use to describe the Palestinian struggle. (We see the same thing with the phrase “from the river to the sea”, a version of which incidentally forms part of the founding charter of Benjamin Netanyahu’s Likud party.) Needless to say, demonizing the Arabic language works to demonize Palestinians, Arabs and the world’s Muslims. And handing over the definitions of our political terms to partisan politicians would spell the death of free inquiry in this country.Which brings us back to Stefanik’s dead cat. In politics, a “dead cat strategy” is used to divert attention away from one issue and on to another by metaphorically throwing a dead cat onto a dining room table in the middle of a dinner party. “People will be outraged, alarmed, disgusted,” is how Boris Johnson once described the strategy. “That is true, but irrelevant,” he continued. “The key point … is that everyone will shout, ‘Jeez, mate, there’s a dead cat on the table!’ In other words, they will be talking about the dead cat – the thing you want them to talk about – and they will not be talking about the issue that has been causing you so much grief.”What Congress is not talking about is that the Israeli assault on Gaza has killed at least 17,000 people, over 7,000 of them children, and injured over 49,000. Israel has cut off regular supplies of food, water, fuel, electricity and medical supplies. Around 1.8 million Palestinians of Gaza’s 2.2 million have been displaced. More than 60% of the housing has been destroyed. Half the population is officially starving. Hospitals, historic mosques, essential libraries and the entire foundation of a society have been bombed into rubble. Meanwhile, the US was again the sole UN security council veto for a ceasefire, and the state department invoked an emergency measure to expedite weaponry to Israel that will almost certainly kill civilians. On 9 December, a group of esteemed scholars of genocide and Holocaust studies warned in a public letter “of the danger of genocide in Israel’s attack on Gaza”.Elise Stefanik would have us believe that that we should be more worried about non-existent calls for genocide on American college campuses than with what many experts are warning is an actual genocide in Gaza, funded and supported by US bombs and political cover. So, all credit where credit is due. She really knows how to throw a dead cat.
    Moustafa Bayoumi is a Guardian US columnist More

  • in

    US university presidents face firestorm over evasive answers on antisemitism

    The presidents of three of the nation’s top universities are facing intense backlash, including from the White House, after they appeared to evade questions during a congressional hearing about whether calls by students for the genocide of Jews would constitute harassment under the schools’ codes of conduct.In a contentious, hours-long debate on Tuesday, the presidents of Harvard, the University of Pennsylvania and the Massachusetts Institute of Technology (MIT) sought to address the steps they were taking to combat rising antisemitism on campus since the beginning of the Israel-Hamas war. But it was their careful, indirect response to a question posed by the Republican congresswoman Elise Stefanik of New York that drew scathing criticism.In an exchange that has now gone viral, Stefanik, a graduate of Harvard, pressed Elizabeth Magill, the president of UPenn, on Tuesday to say whether students calling for the genocide of Jews would be disciplined under the university’s code of conduct. In her line of questioning, Stefanik appeared to be conflating chants calling for “intifada” – a word that in Arabic means uprising, and has been used in reference to both peaceful and violent Palestinian protest – with hypothetical calls for genocide.“If the speech turns into conduct, it can be harassment,” Magill replied, in a reference to distinctions in first amendment law. “It is a context-dependent decision.” Stefanik pushed her to answer “yes” or “no”, which Magill did not.The backlash was swift and bipartisan.“It’s unbelievable that this needs to be said: calls for genocide are monstrous and antithetical to everything we represent as a country,” said Andrew Bates, a White House spokesperson. “Any statements that advocate for the systematic murder of Jews are dangerous and revolting – and we should all stand firmly against them, on the side of human dignity and the most basic values that unite us as Americans.”The White House was joined by several Jewish officials and leaders in condemning the university presidents’ testimony before the US House committee on education and the workforce, at a hearing called by Republicans titled Holding Campus Leaders Accountable and Confronting Antisemitism.Josh Shapiro, the Democratic governor of Pennsylvania, said the simple response was “yes, that violates our policy.” Speaking to reporters on Wednesday, Shapiro urged UPenn’s board to meet soon, as a petition calling for Magill’s resignation garnered thousands of signatures. According to CNN, Penn’s board of trustees held an “emergency meeting” on Thursday.The liberal Harvard law professor Laurence Tribe noted that he rarely agreed with Stefanik, a far-right Trump ally, but wrote: “I’m with her here.”The Harvard president Claudine Gay’s “hesitant, formulaic, and bizarrely evasive answers were deeply troubling to me and many of my colleagues, students, and friends”. Tribe added.Republican presidential candidates also seized on the episode, folding it into their broader criticism of the US’s elite institutions as too “woke” and liberal.In an interview with the conservative radio host Hugh Hewitt on Thursday, Ron DeSantis, who has led the rightwing crackdown on higher education as Florida’s governor, said the college presidents’ lack of moral clarity was a reflection of the liberal orthodoxy permeating higher education.“I think what this has revealed is the rot and the sickness that’s been festering inside higher education for a long time,” said DeSantis, a graduate of Harvard Law School who is running for president. He continued: “They should not be these hotbeds of anti-Americanism and anti-Semitism. But that’s what they’ve become.”Amid a surge in youth activism around the conflict, university leaders have struggled to balance the free speech of some pro-Palestinian activists with the fears of Jewish students who say the rhetoric crosses a line into antisemitism. In a number of cases, schools have responded by banning campus groups supportive of Palestinian rights.During their appearances, Magill, Gay and Sally Kornbluth of MIT all expressed alarm at the rise of antisemitism and Islamophobia on college campuses, some of which have triggered federal investigations by the Department of Education. In response, the presidents said they had taken steps to increase security measures and reporting tools while expanding mental health and counseling services. They also said it was their responsibility to ensure college campuses remain a place of free expression and free thought.In a new statement on Wednesday, Gay stated: “There are some who have confused a right to free expression with the idea that Harvard will condone calls for violence against Jewish students. Let me be clear: calls for violence or genocide against the Jewish community, or any religious or ethnic group are vile, they have no place at Harvard, and those who threaten our Jewish students will be held to account.”Magill also sought to clarify her remarks to the committee in a video statement, in which she said her response to Stefanik’s question was an attempt to parse the university policies stating that speech alone is not punishable. But in doing so she said she failed to acknowledge the “irrefutable fact” that such speech represents a “call for some of the most terrible violence human beings can perpetuate.“I want to be clear, a call for genocide of Jewish people is threatening – deeply so,” she said, adding: “In my view, it would be harassment or intimidation.”In the video, posted to X, Magill said the university’s policies “need to be clarified and evaluated” and committed to immediately convening a process to do so.Some free speech advocates expressed alarm at the possibility that universities may respond to the backlash by adopting speech-restrictive policies that depart from the protections of the first amendment, which governs government actors including public schools. But the universities at issue in Tuesday’s hearing are all private. Fire, the Foundation for Individual Rights and Expression, called Magill’s comments on re-evaluating Penn’s policies a “deeply troubling, profoundly counterproductive response” to the anger.“Were Penn to retreat from the robust protection of expressive rights, university administrators would make inevitably political decisions about who may speak and what may be said on campus,” it said in a statement. The result of placing new limits on speech, it said, would mean “dissenting and unpopular speech – whether pro-Israeli or pro-Palestinian, conservative or liberal – will be silenced”. More

  • in

    US university presidents to testify before Congress over claims of antisemitic protests on campuses

    The presidents of Harvard University, the University of Pennsylvania and the Massachusetts Institute of Technology, three of the country’s most prestigious universities, are set to testify before a congressional committee next week on claims that antisemitic protests have taken place on their campuses, marking the latest window into ongoing tensions sparked by the Israel-Hamas war.Next Tuesday, Harvard’s Claudine Gay, Penn’s Liz Magill and MIT’s Sally Kornbluth will stand before the House education and workforce committee, a body chaired by Virginia Foxx, a Republican from North Carolina.“Over the past several weeks, we’ve seen countless examples of antisemitic demonstrations on college campuses. Meanwhile, college administrators have largely stood by, allowing horrific rhetoric to fester and grow,” said Foxx in a statement introducing the hearing, which is titled Holding Campus Leaders Accountable and Confronting Antisemitism.Foxx said college and university presidents have a responsibility to foster and uphold a safe learning environment for both students and staff.“Now is not a time for indecision or milquetoast statements,” she added. “By holding this hearing, we are shining the spotlight on these campus leaders and demanding they take the appropriate action to stand strong against antisemitism.”Earlier this month, the US Department of Education’s office for civil rights opened investigations into possible ancestry or ethnic discrimination at several universities, including Cornell, Penn, Wellesley College, Cooper Union, Lafayette College, the University of Tampa and Columbia.Of those, at least five allege antisemitic harassment, and two allege anti-Muslim harassment. The office for civil rights said the investigations are part of “efforts to take aggressive action to address the alarming nationwide rise in reports of antisemitism, anti-Muslim, anti-Arab and other forms of discrimination”.But finding a line between legitimate protest and discrimination or hate speech has proven difficult for US university leaders, who are bidden to uphold academic and political speech freedoms in their charters.Harvard’s statement of rights and responsibilities, for instance, maintains that “a diverse and inclusive community depends upon freedom of expression; we are not truly inclusive if some perspectives can be voiced and heard while others cannot”.But notably, a recent poll found that more than half of Jewish US college students said they felt unsafe. Muslim students at universities across the country have said the same.Harvard has come under attack from alumni, including Mitt Romney, the Utah senator, for not doing enough to keep Jewish students safe. Some donors have also said they will stop funding the university.Billionaire investor Bill Ackman, a former student, has called university administrators to discipline protesters who violate rules because without disciplining they will take “more aggressive, disruptive and antisemitic actions”.Earlier this month Gay, Harvard’s president, wrote to alumni saying the institution rejects “all forms of hate, and we are committed to addressing them”, adding that the school had “started the process of examining how antisemitism manifests within our community”.While the House hearing is focused on antisemitism, there are also numerous claims of Islamophobia. Earlier this month, a professor at the university of Southern California allegedly walked on a list of names meant to memorialize the more than 11,000 Palestinians killed in Gaza since 7 October and remarked: “Everyone should be killed, and I hope they all are.”In a statement Hussam Ayloush, CAIR-LA’s executive director, said: “Anti-Palestinian rhetoric has been at an all-time high these last few weeks – especially at schools and universities – and wrongly conflating Palestinians and those who are in solidarity with the innocent people of Gaza with Hamas is only adding fuel to the flames of hate.”University officials, he added, “must also take action to provide protective measures and resources for Muslim, Palestinian, and Arab students as well as any others who are targeted by hate and bigotry”.Earlier this month, New York’s Columbia University saw around 400 students gathered to criticize university leaders for suspending two pro-Palestinian student groups, Justice in Palestine (SJP) and Jewish Voice for Peace (JVP), after forming a task force on antisemitism.The university said the groups had repeatedly violated policies related to holding campus events including one that “included threatening rhetoric and intimidation”. More