https://www.nysun.com/article/harvard-in-new-filing-in-court-suggests-its-jewish-students-were-too-fearful-in-the-wake-of-october-7?lctg=1474955502&recognized_
Harvard reportedly spent more than $25 million, mostly on the law firm WilmerHale, defending the racial preferences in college admissions that the Supreme Court struck down as unconstitutional. After losing the landmark Students for Fair Admissions v. Harvard case in June 2023, Harvard again turned to WilmerHale to prepare its president, Claudine Gay, for a December 2023 congressional hearing on Harvard’s response to antisemitism.
President Gay’s performance at the hearing was widely denounced. Both she and the president of the University of Pennsylvania, Elizabeth Magill, who also relied on WilmerHale for pre-hearing preparation, resigned after apologizing for giving overly legalistic answers suggesting that whether calls for genocide against Jews violate their university policies would depend on the “context.”
Now Harvard is facing a third embarrassment. This past week, one of the same lawyers who tried the Asian-American admissions case, Felicia Ellsworth, who sat in the first row behind Ms. Gay in the December congressional hearing, joined three other WilmerHale lawyers and four from another firm in filing a motion to dismiss and strike a complaint filed in court by Jewish students alleging antisemitism at Harvard.
The students, Alexander Kestenbaum and Students Against Antisemitism, Inc., said that on October 19, 2023, a mob stormed Harvard Law School. “Fearing a violent attack, students in the study room removed indicia of their Jewishness, such as kippot, or hid under desks,” their complaint says. In a memo supporting the motion to dismiss and strike, the lawyers for Harvard said that the Jewish students do not “describe an environment in which an objectively reasonable person would fear physical violence.”
By basically calling Harvard’s own Jewish students unreasonable for fearing violence less than two weeks after the October 7, 2023, Hamas-led terrorist attack on Israel, the lawyers risk proving the complaint’s point about Harvard antisemitism, rather than persuading Judge Richard Stearns to dismiss it.