Attorneys general file amicus brief supporting victims of Hamas attack

(The Center Square) – Virginia Attorney General Jason Miyares has filed an amicus brief to a federal court, leading a coalition of 22 state attorneys general.

The prosecutors urge the U.S. District Court for the Eastern District of Virginia to “deny requests to dismiss” a lawsuit brought on by survivors and family members of those killed during the Hamas attack on Oct. 7, 2023, in Gaza.

The brief was brought under the Anti-Terrorism Act, which seeks to hold AJP Educational Foundation Inc. (also known as American Muslims for Palestine, or AMP) and the National Students for Justice in Palestine accountable for “allegedly providing material support to Hamas.”

The lawsuit points to material support for the terror organization, which the attorneys general say has “persisted for decades.”

“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,” according to Miyares’ office.

The brief says leaders of Holy Land Foundation and the Islamic Association of Palestine, including the executive director of American Muslims for Palestine, “formed AMP” following the collapse of other two organizations.

“There is no evidence that AMP, NSJP, or their affiliates have ceased the nefarious activities of the defunct organizations,” according to the brief. “The lawsuit alleges that they have instead perpetuated this legacy by engaging in propaganda and recruitment for Hamas.”

The brief cites Hamas’ charter, saying it calls for its supporters “to engage in communication and propaganda efforts on its behalf to join the battle.” It also says since the Hamas attack, its leadership has urged “international supporters to rally,” resulting in the release of a “Day of Resistance Toolkit.” The lawsuit says members are instructed on how to continue to support Hamas.

Since the AMP is based in Virginia, Miyares has launched an investigation into “potential violations of state law,” includes accusations the group “used funds to support” terror organizations.

The brief says dismissing the claims or lawsuit prior to discovery “would undermine the ability of the victims to receive compensation and prevent” groups like American Muslims for Palestine and National Students for Justice in Palestine from being “held accountable for their actions.”

Miyares underscored the commonwealth’s commitment to holding supporters of terror accountable and hopes lawsuits brought on by survivors and victims of the Hamas attack will be allowed to seek justice.

“Virginia stands firmly against those who provide support to terrorist organizations, and we are committed to ensuring that justice is served,” said 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 Anti-Terrorism Act was “specifically designed to provide a civil cause of action for victims of international terrorism,” which allows survivors and victims’ families to seek monetary damages from “those who provide material support” to terror organizations.

Miyares says states like Virginia have “limited avenues” for victims to seek damages from terror supporters; therefore, the Anti-Terrorism Act is the “most effective tool” for plaintiffs to seek compensation.

“In this case, the ATA may be the only legal recourse for the plaintiffs to hold AMP and NSJP accountable for their alleged actions,” according to a statement from Miyares’ office.

Virginia is joined by attorneys general from 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.