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One attorney said that the former Columbia University organizer "sits in a jail cell because of his lawful speech," while another reminded supporters that Mahdawi "has not been charged with any crime."
Attorneys for Mohsen Mahdawi, a Palestinian student organizer at Columbia University and permanent U.S. resident caught up in the Trump administration's crusade against Palestine defenders, argued in federal court Wednesday that their client was illegally arrested and detained for his constitutionally protected speech and should be immediately freed.
In what Mahdawi's legal team hailed as a "victory," U.S. District Judge Geoffrey W. Crawford extended a temporary restraining order issued last week by Judge William Sessions III to prevent federal officials from transferring Mahdawi from Vermont, where he is being held at the Northwest State Correctional Facility in St. Albans. Crawford also scheduled a new hearing for Mahdawi on April 30.
Addressing the nearly 100 letters submitted in support of Mahdawi, Crawford said that "no one has ever provided anything like that before," adding, "These were quite striking in geographic and philosophical breadth, including many members of the Jewish community."
Mahdawi, who is 34 years old and has been a green-card holder for a decade, was arrested on April 14 by masked Immigration and Customs Enforcement (ICE) agents during an appointment for his citizenship test in Colchester, Vermont. He was steps away from naturalization; instead, federal agents attempted to force Mahdawi onto a plane bound for Louisiana, where other Palestine defenders are being held pending deportation proceedings.
Mahdawi's lawyers are seeking his immediate release.
"We ask this court to suspend this unlawful retaliation and slow the grave threat to free speech posed by his continued detainment by releasing Mr. Mahdawi on bail," his legal team said in a filing.
Luna Droubi, an attorney on the team, said after the hearing that "Mohsen Mahdawi sits in a jail cell because of his lawful speech."
"What the government provided thus far only establishes that the only basis they have to currently detaining him in the manner they did is his lawful speech," Droubi added. "We intend on being back in one week's time to free Mohsen."
"What the government provided thus far only establishes that the only basis they have to currently detaining him in the manner they did is his lawful speech."
Like the numerous other pro-Palestine activists arrested—critics say kidnapped—and detained by the Trump administration, the government concedes that Mahdawi committed no crime. However, under the Immigration and Nationality Act of 1952, the secretary of state can expel noncitizens whose presence in the United States is deemed detrimental to foreign policy interests.
The U.S. Department of Justice (DOJ) argued that Mahdawi should be deported because letting him remain in the country "would have serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest."
Trump administration officials including Secretary of State Marco Rubio have cited President Donald Trump's executive order ostensibly aimed at combating antisemitism and his edict authorizing the deportation of noncitizen students and others who took part in protests against Israel's genocidal assault on Gaza as justification for Mahdawi's arrest and detention.
However, Mahdawi has repeatedly condemned anti-Jewish hatred, including during a 2023 interview on CBS News' "60 Minutes" in which he asserted that "the fight for freedom of Palestine and the fight against antisemitism go hand in hand because injustice anywhere is a threat to justice everywhere."
VTDiggerreported that hundreds of people gathered outside the Burlington, Vermont courthouse Wednesday to show support for Mahdawi and demand his release. Nora Rubinstein of Middletown Springs, Vermont said she was rallying in defense of "democracy and freedom" and to help the U.S. "return to the democratic principles this country was founded on."
"It's time to end the shredding of our democracy, the shredding of our Constitution," Rubinstein added.
On Monday, Mahdawi told U.S. Sen. Peter Welch (D-Vt.), who visited him behind bars, that "I wanted to become a citizen of this country because I believe in the principles of this country."
"The most important rights [are in] the Bill of Rights, which includes free speech on the top of these rights, freedom of assembly, freedom of press, freedom of having religion or not having religion at all," he added.
As Welch visited Mahdawi, Columbia University students, faculty, and alumni once again chained themselves to a fence to protest his detention and demand the release of not only Mahdawi but also of fellow Columbia activists and permanent U.S. residents Mahmoud Khalil and Yunseo Chung, as well as other student Palestine defenders including Rümeysa Öztürk, Badar Khan Suri, and others.
On Tuesday, a delegation of Massachusetts Democrats—U.S. Sen. Ed Markey and Reps. Jim McGovern and Ayanna Pressley—visited Khalil and Öztürk at the Louisiana ICE detention facility where they are being held. Markey accused the Trump administration of jailing the activists in Louisiana in a bid to have "the single most conservative circuit court of appeals in the United States of America" hear the case.
Mahdawi's lawyers said they believe their client will soon be free.
"We are very hopeful that he will be released," attorney Cyrus Mehta told supporters and media gathered outside the Burlington courthouse on Wednesday. "The judge wants to move quickly, and he realizes that this is a case of great importance for this country."
"What we're seeing here is unprecedented where they are so hell-bent on detaining students," Mehta added. "These are not hardened criminals. These are people who have not been charged with any crime, they have also not been charged under any of the other deportation provisions of the immigration act."
One of the attorneys read the crowd a statement from Mahdawi in which he said that "this hearing is part of the system of democracy" that "prevents a tyrant from having unchecked power."
"I am in prison," he added, "but I am not imprisoned."
The legislators said the Trump administration's move "calls into further question DOGE's competence to carry out its self-assigned task."
Decrying the Trump administration's firing of hundreds of workers at the agency in charge of nuclear weapons safety, a bicameral group of Democratic U.S. lawmakers on Thursday asked Energy Secretary Chris Wright to provide assurances that members of Elon Musk's Department of Government Efficiency cannot access classified systems or information.
"DOGE fired up to 350 staff members at the National Nuclear Security Administration. The NNSA is entrusted with safeguarding our nation's nuclear weapons, materials, and secrets," Rep. John Garamendi (Calif.) and Sens. Ed Markey (Mass.), Peter Welch (Vt.), Elizabeth Warren (Mass.), Jacky Rosen (Nev.), Cory Booker (N.J.), and Jeff Merkley (Ore.) wrote in a letter to Wright.
"Recklessly firing personnel without a strategic plan... is extraordinarily irresponsible and dangerous to U.S. national security."
"These terminations jeopardize the security of the U.S. nuclear stockpile, weaken our ability to detect and prevent threats to those weapons, and undermine our nonproliferation commitments," the letter asserts.
"Realizing the gravity of the mistake it had made, the Trump administration scrambled to rehire the fired employees," the Democrats noted. "Serious damage has been done. We urge you to immediately reassess these decisions, restore necessary expertise to the NNSA, and ensure that NNSA staffing decisions prioritize safety and security."
The letter continues:
The NNSA plays an essential role in maintaining the safety, security, and effectiveness of the U.S. nuclear arsenal and preventing the proliferation of weapons of mass destruction. According to press reports, these firings occurred because "the officials did not seem to know this agency oversees America's nuclear weapons." The reckless decision to eliminate 350 positions, without a clear national security justification, raises serious concerns about the Department of Energy's (DOE) commitment to this core mission. DOE has struggled to rehire some of these employees "because they didn't have their new contact information." This series of events calls into further question DOGE's competence to carry out its self-assigned task.
While the lawmakers "fully support efforts to reduce our reliance on nuclear weapons, responsibly reduce the nuclear stockpile, and curb unnecessary spending on nuclear defense programs that do not enhance our security," they argued in the letter that "recklessly firing personnel without a strategic plan, particularly those with expertise in nonproliferation, security, and arms control oversight, is extraordinarily irresponsible and dangerous to U.S. national security."
The legislators are asking Wright to explain the process behind the NNSA officials' firings, the DOE's strategy for ensuring effective staffing and oversight at the agency, which workers have been rehired, and what steps are being taken to prevent unauthorized access to classified systems by DOGE members.
"There is a right way to reduce the size and scope of our nuclear arsenal—one that enhances global security, properly safeguards our weapons, and reduces nuclear risks," the letter concludes. "These terminations do none of that."
Thursday's letter follows one sent to Wright last week by Markey and Rep. Don Beyer (D-Va.) seeking clarification about whether any DOGE members have access to classified information about the nation's nuclear arsenal.
It also comes as global experts warn about the risk of nuclear war. The Bulletin of the Atomic Scientists last month moved the Doomsday Clock "from 90 seconds to 89 seconds to midnight—the closest it has ever been to catastrophe."
"Our taxpayer dollars should be used to fund education, housing, and healthcare for Americans, not to support the destruction of innocent lives abroad," said one advocacy leader "deeply saddened" by the votes.
The U.S. Senate on Wednesday refused to pass joint resolutions of disapproval proposed by Sen. Bernie Sanders that would prevent the sale of certain offensive American weaponry to Israel, which has killed nearly 44,000 Palestinians in Gaza since last fall.
S.J. Res. 111, S.J. Res. 113, and S.J. Res. 115 would have respectively blocked the sale of 120mm tank rounds, 120mm high-explosive mortar rounds, and Joint Direct Attack Munitions (JDAMs), the guidance kits attached to "dumb bombs."
The first vote was
18-79, with Sen. Tammy Baldwin (D-Wis.) voting present and Sens. Mike Braun (R-Ind.) and JD Vance (R-Ohio)—the vice-president-elect—not voting. In addition to Sanders (I-Vt.), those in favor were: Sens. Dick Durbin (D-Ill.), Martin Heinrich (D-N.M.), Mazie Hirono (D-Hawaii), Tim Kaine (D-Va.), Angus King (I-Maine), Ben Ray Lujan (D-N.M.), Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), Chris Murphy (D-Conn.), Jon Ossoff (D-Ga.), Brian Schatz (D-Hawaii), Jeanne Shaheen (D-N.H.), Tina Smith (D-Minn.), Chris Van Hollen (D-Md.), Raphael Warnock (D-Ga.), Elizabeth Warren (D-Mass.), and Peter Welch (D-Vt.).
The second vote was 19-78—Sen. George Helmy (D-N.J.) joined those voting for the resolution. The third vote was 17-80.
"What this extremist government has done in Gaza is unspeakable, but what makes it even more painful is that much of this has been done with U.S. weapons and American taxpayer dollars."
Ahead of the votes, Sanders took to the Senate floor to highlight that his resolutions were backed by over 100 groups, including pro-Israel J Street; leading labor organizations such as the Service Employees International Union, United Auto Workers, and United Electrical Workers; humanitarian groups like Amnesty International; and various faith organizations.
"I would also point out that poll after poll shows that a strong majority of the American people oppose sending more weapons and military aid to fund Netanyahu's war machine," the senator said, referring to Israeli Prime Minister Benjamin Netanyahu. "According to a poll commissioned by J Street... 62% of Jewish Americans support withholding weapons shipments to Israel until Netanyahu agrees to an immediate cease-fire."
In addition to stressing that his proposals would not affect any of the systems Israel uses to defend itself from incoming attacks, Sanders argued that "from a legal perspective, these resolutions are simple, straightforward, and not complicated. Bottom line: The United States government must obey the law—not a very radical idea. But unfortunately, that is not the case now."
"The Foreign Assistance Act and the Arms Export Control Act are very clear: The United States cannot provide weapons to countries that violate internationally recognized human rights or block U.S. humanitarian aid," he continued. "According to the United Nations, according to much of the international community, according to virtually every humanitarian organization on the ground in Gaza, Israel is clearly in violation of these laws."
To illustrate the devastating impact of Israel's assault on Gaza—which has led to a genocide case at the International Court of Justice—Sanders quoted from an October New York Timesopinion essay authored by American doctors who volunteered in Gaza. For example, Dr. Ndal Farah from Ohio said: "Malnutrition was widespread. It was common to see patients reminiscent of Nazi concentration camps with skeletal features."
Sanders said that "what this extremist government has done in Gaza is unspeakable, but what makes it even more painful is that much of this has been done with U.S. weapons and American taxpayer dollars. In the last year alone, the U.S. has provided $18 billion in military aid to Israel... and by the way, a few blocks from here, people are sleeping out on the street."
"We have also delivered more than 50,000 tons of military equipment to Israel," he added. "In other words... the United States of America is complicit in all of these atrocities. We are funding these atrocities. That complicity must end, and that is what these resolutions are about."
Merkley, Van Hollen, and Welch joined Sanders in speaking in favor of the resolutions on Wednesday. Members of both parties also spoke out against them: Senate Majority Leader Chuck Schumer (D-N.Y.) and Sens. Ted Budd (R-N.C.), Ben Cardin (D-Md.), Lindsey Graham (R-S.C.), John Kennedy (R-La.), James Risch (R-Idaho), and Jacky Rosen (D-Nev.).
Cardin quoted talking points from the White House that were reported on earlier Wednesday by HuffPost. The outlet detailed how officials in outgoing President Joe Biden's administration suggested that "lawmakers who vote against the arms are empowering American and Israeli foes from Iran to the militant groups Hamas and Hezbollah, which the U.S. treats as terror organizations."
Just hours before the Senate debate, the Biden administration vetoed a United Nations Security Council resolution calling for an immediate cease-fire in Gaza—the fourth time it has blocked such a measure at the world body since the Hamas-led October 7, 2023 attack on Israel.
After the Senate votes, groups that supported Sanders' resolutions expressed disappointment.
Wa'el Alzayat, CEO of the Muslim advocacy group Emgage Action, said in a statement that "we have a moral obligation to stand up for the people of Gaza and demand an end to the constant bombardment they face. I'm deeply saddened that our U.S. senators shot down the joint resolutions calling for a halt in weapons to Israel. Our taxpayer dollars should be used to fund education, housing, and healthcare for Americans, not to support the destruction of innocent lives abroad."
"Continuing to provide Israel with unrestricted military aid to attack innocent civilians in Gaza and Lebanon is a moral failure—one the American government will look back on in horror as the situation gets unimaginably worse," Alzayat added. "While the resolution did not pass this time, we will continue working with lawmakers and allies to advocate for legislation that promotes justice and adherence to international law."
While these resolutions did not advance to the House of Representatives, Demand Progress senior policy adviser Cavan Kharrazian noted that "never before have so many senators voted to restrict arms transfers to Israel, and we are extremely grateful to those who did. This historic vote represents a sea change in how elected Democrats feel about the Israeli military's campaign of death and destruction in Gaza."
"We have all seen with our own eyes the thousands of innocent civilians who have been killed, displaced, and starved by weapons paid for with U.S. tax dollars," Kharrazian said. "Now, almost half of the Senate Democratic caucus is backing up our collective outrage with their votes. Supporters of this destructive war will try to claim victory but even they know that today's vote proves that the movement to end the war is growing, across America and in Congress, and we won't stop."
Center for International Policy executive vice president Matt Duss, who formerly served as Sanders' foreign policy adviser, similarly welcomed the progress, commending those who voted in favor of the resolutions for having "the courage to stand up for U.S. law, the rights of civilians in conflict, and basic decency."
"As civilian deaths, displacement, and disease among Palestinians in Gaza mount alongside open calls for ethnic cleansing by Israeli officials, the Biden administration is not merely failing to act—it is actively enabling the Netanyahu government's war crimes," he continued. "Rather than taking steps to bolster democracy, rights, and rule of law at home and abroad in advance of [President-elect] Donald Trump's second term, President Biden and his top officials are spending their precious last days in office lobbying against measures to protect U.S. interests and vetoing otherwise unanimously supported resolutions in the United Nations Security Council that reflect its own stated policies."
"The lawmakers who stood on the right side of history today will be remembered for their leadership and humanity," he added. "The same cannot be said about President Biden and those who help him abet starvation and slaughter in Gaza."