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At the hearing, advocate Maya Berry said she "experienced the very issue that we're attempting to deal with today."
After Republican lawmakers and some activists objected to Arab American Institute executive director Maya Berry's inclusion in the U.S. Senate Judiciary Committee's hearing on the rise in hate crimes in the country, GOP Sen. John Kennedy unleashed what one critic said was anti-Muslim "hate speech" during his questioning.
"You support Hamas, don't you?" asked the Louisiana senator at the hearing titled "A Threat to Justice Everywhere: Stemming the Tide of Hate Crimes in America." Kennedy also conflated Hamas with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), the agency tasked with providing public services and aid to Gaza's 2.3 million residents.
Berry replied that it was "exceptionally disappointing that you're looking at an Arab American witness before you and saying, 'You support Hamas.'"
She then said clearly, "I do not support Hamas," but was cut off by Kennedy as he raised his voice to accuse her of being unable to disavow the group, also accusing her of supporting Hezbollah and Iran.
"You should hide your head in a bag," said Kennedy, drawing gasps from the audience.
The "horrific remark" was "a blatant example of anti-Arab, anti-Palestinian, and anti-Muslim rhetoric," said the Muslim voter mobilization group Emgage Action.
The Democrats on the Senate Judiciary Committee denounced Kennedy's "horrible" comment, instead amplifying Berry's response, in which she said that while taking part in a hearing on hate speech and hate crimes, she "experienced the very issue that we're attempting to deal with today."
"This has been, regrettably, a real disappointment but very much an indication of the danger to our democratic institutions that we're in now," said Berry.
Berry also faced condemnation from Kennedy over her opposition to the United States' decision to suspend funding for UNRWA—a move that resulted from unverified Israeli claims that agency employees had worked with Hamas, and which has been denounced by international rights groups and experts due to its impact on people who rely on the agency in Gaza.
"Maya Berry went before the committee to discuss hate crimes. Both Ms. Berry and the topic should have been treated with the respect and seriousness they deserve," said Robert McCaw, government affairs director for the Council on American-Islamic Relations (CAIR). "Instead, Sen. Kennedy and others chose to be an example of the bigotry Arabs, Palestinians, and Muslims have faced in recent months and years."
Republicans on the committee had decried Democrats for inviting witnesses whose testimony delved into issues aside from antisemitism—which was conflated with anti-Zionism in a bill passed by the House earlier this year and in one introduced in the Senate.
Along with Berry, a leading advocate against anti-Arab and anti-Muslim bias in the U.S., the Democrats invited Kenneth Stern, director of the Bard Center for the Study of Hate, who has denounced right-wing groups for "weaponizing" claims of antisemitism against people who speak out against the Israeli government.
In her testimony, Berry spoke about the rise in hate crimes against Arab and Muslim Americans, as well as against Jewish people, Black people, Asian Americans, and other groups.
After Israel began its bombardment of Gaza in retaliation for a Hamas-led attack last October, CAIR reported a 56% rise in hate crimes against Palestinians and Muslims in the United States, with 8,061 attacks reported in 2023. From January-June 2024, the grou documented 4,951 complaints, a 69% increase over the same period in 2023.
Arif Rafiq, a strategist and author, said that there would likely be "no censure of Sen. Kennedy" following his comments in the hearing.
"Bigotry toward Arabs and Muslims, even in this most brazen form," said Rafiq, "is acceptable in American politics."
"This vital hearing is a crucial step in addressing the alarming rise of hate crimes across our nation, particularly those targeting Muslim, Jewish, and Palestinian Americans."
On the eve of a U.S. Senate Judiciary Committee hearing about "stemming the tide of hate crimes" nationwide, Congresswoman Ilhan Omar on Monday commended the panel's chair, Sen. Dick Durbin, for "hosting this groundbreaking yet overdue" event.
Discrimination against Jews and Muslims has significantly increased in the United States since the Hamas-led October 7 attack on Israel and the U.S.-backed Israeli retaliation on the Gaza Strip, which critics worldwide call genocide. In May, Durbin (D-Ill.) vowed to hold a hearing "in response to the ongoing and persistent rise in antisemitism and other forms of bigotry across the country."
The committee announced last week that it had scheduled a Capitol Hill hearing for 10:00 am Tuesday to "examine how we can better protect Jewish, Arab, and Muslim Americans, and other vulnerable communities from bigoted attacks."
Durbin—who has faced calls from Republican committee members to hold a hearing focused on "the civil rights violations of Jewish students" and "the proliferation of terrorist ideology"—said at the time that "hate crimes are a threat to justice everywhere. Sadly, no community is immune from violent acts of hate. Congress cannot turn a blind eye to it."
"We must stand united against hate in all its forms and reaffirm our commitment to justice, equality, and the protection of all Americans, regardless of their race, faith, or national origin."
Omar (D-Minn.) expressed gratitude for Durbin's broader event, saying Monday that "this vital hearing is a crucial step in addressing the alarming rise of hate crimes across our nation, particularly those targeting Muslim, Jewish, and Palestinian Americans."
"I'm glad this committee hearing will address the rise in hate felt by thousands across the country, I hope this hearing serves as a catalyst for meaningful action," she continued. "We must stand united against hate in all its forms and reaffirm our commitment to justice, equality, and the protection of all Americans, regardless of their race, faith, or national origin."
Omar is an outspoken opponent of Israel's assault on Gaza and U.S. support for it. She fled war in Somalia as a child and is one of only a few Muslim members of Congress—and while in office, she has endured intense racism, sexism, Islamophobia, and death threats. Some of the hate has come from fellow federal lawmakers.
Her praise for the hearing came amid reports that some Republicans and Jewish groups are unhappy with Democrats' witnesses: Arab American Institute executive director Maya Berry and Kenneth Stern, director of the Bard Center for the Study of Hate.
Notably, when Stern was with the American Jewish Committee, he helped craft the International Holocaust Remembrance Alliance's (IHRA) Working Definition of Antisemitism. He has since accused right-wing groups of "weaponizing" it in their efforts to conflate criticism of Israeli government policies and practices with anti-Jewish bigotry.
Describing both Berry and Stern as "at odds with Jewish communal leaders," Jewish Insiderreported:
In his opening statement to the committee, obtained by Jewish Insider ahead of Tuesday's hearing, Stern will testify that "advocating for genocide against anyone of course should be robustly condemned; but the mere expression of such ideas (whether intended as such or heard as such) should be countered, not as a matter for discipline."
Stern will also say that it is a good thing that David Duke, the former grand wizard of the Ku Klux Klan, did not face any disciplinary action when he spread Nazi propaganda on Louisiana State University's campus as a student in 1968. "This would have allowed him to claim the status of martyr, and changed the subject to his right to speech as opposed to the content of his hate," Stern will say.
"Berry's written testimony focuses primarily on hate crimes data and reporting, and federal enforcement of hate crimes laws," according to Jewish Insider. The outlet added that the Republican witness Rabbi Mark Goldfeder, director of the National Jewish Advocacy Center, "is set to express support for the IHRA definition."
In response to Jewish Insider editor in chief Josh Kraushaar's social media post sharing the report, Center for International Policy executive vice president Matt Duss said, "Translation: testimony from Ken Stern and Maya Berry, who are both widely respected authorities on these issues, makes it harder to use this hearing as part of the campaign to suppress pro-Palestinian activism."
While this will be the first Senate hearing on hate crimes since last October, the Republican-controlled House of Representatives has held multiple, mostly focusing on campus anti-genocide protests. Critics have argued that the lower chamber's events have pushed university administrators to enable violent law enforcement crackdowns on students demonstrating against Israel's assault on Gaza.
"What the administrators have clearly failed to grasp is that repression cannot kill the student movement," one coalition said, promising "new and more creative forms of resistance."
After cracking down on anti-genocide campus protests this spring, New York University is under fire this week for its new policy equating anti-Zionism with antisemitism as Israel continues its U.S.-backed assault on the Gaza Strip.
The Anti-Defamation League—which has also been criticized for conflating the two—defines Zionism as "the movement for the self-determination and statehood for the Jewish people in their ancestral homeland, the land of Israel."
NYU's Nondiscrimination and Anti-Harassment Policy and Procedures for Students (NDAH), updated last week, states in part that "using code words, like 'Zionist,' does not eliminate the possibility that your speech violates the NDAH Policy. For many Jewish people, Zionism is a part of their Jewish identity. Speech and conduct that would violate the NDAH if targeting Jewish or Israeli people can also violate the NDAH if directed toward Zionists."
"For example," the document details, "excluding Zionists from an open event, calling for the death of Zionists, applying a 'no Zionist' litmus test for participation in any NYU activity, using or disseminating tropes, stereotypes, and conspiracies about Zionists (e.g., 'Zionists control the media'), demanding a person who is or is perceived to be Jewish or Israeli to state a position on Israel or Zionism, minimizing or denying the Holocaust, or invoking Holocaust imagery or symbols to harass or discriminate."
The policy—seen as a potential model for other universities, as the next academic year begins—was blasted by critics of the Israeli slaughter of over 40,000 Palestinians, which is being investigated as genocide by the International Court of Justice, and the U.S. campus administrations that have invited violent law enforcement oppression of anti-war protests.
NYU Faculty and Staff for Justice in Palestine (FSJP) said Sunday that it was "alarmed" by the guidance, which "sets a dangerous precedent by extending Title VI protections to anyone who adheres to Zionism, a nationalist political ideology, and troublingly equates criticism of Zionism with discrimination against Jewish people. Furthermore, the new guidance implies that any nationalist political ideology (Hindu nationalism, Christian nationalism, etc.) that is integrated into some members of that group's understanding of their own racial or ethnic identity should be entitled to civil rights protections."
The "deeply disturbing" development "will legitimize far-right and ethnonationalist ideologies under the guise of protecting students from racial discrimination," the group continued. "This weaponization of the Title VI apparatus openly threatens the university's commitments to academic freedom and to nondiscrimination, and we insist that the administration reconsider these changes for the good of the university community."
The policy change "represents an intensification of NYU's yearlong effort to censor criticism and criminalize protest of Israel's ongoing genocide in Gaza," NYU FSJP added, noting that "equating criticism of Israel or Zionism with antisemitism has been roundly critiqued by scholars of antisemitism, by Israeli human rights groups, and by our own group."
In a joint Instagram post, NYU FSJP, the campus chapter of Students for Justice in Palestine, Writers Against the War on Gaza, the Palestinian Youth Movement, and PYM New York City declared that "NYU ADMINS CHOOSE GENOCIDE."
"Under the guise of 'campus safety' and 'community values,' they informed the student body that speech against Zionism may be deemed antisemitic and a violation of civil rights law," the groups said. "This conflationary logic is not simply an effort to chill pro-Palestine speech on campus, not merely revanchist pushback for the spate of encampments and other actions that NYU students organized last spring, but a deliberate attempt to dissolve student and faculty efforts to protest a genocide that is approaching the one-year mark, with a death toll rising into the six-digit range."
"What the administrators have clearly failed to grasp is that repression cannot kill the student movement," they added. "Every attempt to silence, to punish, to quell, will be met with new and more creative forms of resistance. The students have chosen to stand with Palestine and against the racist, colonial, and expansionist ideology of Zionism. Together we will struggle alongside them, until liberation."
Several organizations are planning a National March on New York City for Gaza, scheduled for noon on Labor Day, September 2.