Harvard University is facing pressure from Reps. Virginia Foxx (R., N.C.) and Elise Stefanik (R., N.Y.) to turn over internal documents on the school's investigation—or lack thereof—into the October "die-in" protest that led to assault charges against two students who accosted an Israeli classmate.
In a letter sent Wednesday to president Alan Garber, Foxx and Stefanik admonished Harvard for "wilfully obstructing the Suffolk County District Attorney's Office from investigating" the ongoing criminal case. They were referencing a Sept. 4 Washington Free Beacon report, which revealed that prosecutors repeatedly delayed the case because Harvard's police department "was asked to do a follow up investigation and has not." That decision, the lawmakers said, shows Harvard "believes protecting its campus antisemites is more important than providing a safe learning environment to all its students."
"In all our years of public service, we have never encountered a situation in which a law enforcement agency has affirmatively refused to cooperate with a prosecutor's investigation—much less done so in such an open and brazen manner," Foxx and Stefanik wrote. "Yet, that is precisely the situation we have here.
"This incident is the latest chapter in Harvard protecting antisemites. We are disgusted by the continued disregard that Harvard has shown towards the Jew hatred erupting on its campus."
The ordeal marks an early hurdle for Garber, who took over for Claudine Gay after she resigned in disgrace earlier this year. Toward the end of Gay's tenure, the House Committee on Education and the Workforce—which Foxx chairs and Stefanik serves on—launched an investigation into Harvard's handling of campus anti-Semitism. It subpoenaed the school to compel the production of internal documents in February.
The Wednesday letter, which requests "any and all documents related to Harvard's decision not to cooperate with the Suffolk County District Attorney's Office," is part of that investigation. "These documents are also responsive to the Committee's subpoena served to Harvard earlier this year," the letter states. "We request that these documents be produced by September 30, 2024."
Harvard spokesman Jason Newton said the school "values our partnership with the Suffolk District Attorney’s Office" and "has made clear that we stand ready to further assist the DA as needed."
"There are no outstanding requests of the University from the DA at this time," Newton said in a statement. "Harvard remains committed to standing up against antisemitism, and we will continue our work to ensure that every student can find belonging in our campus community."
The two students, Elom Tettey-Tamaklo and Ibrahim Bharmal, were charged in connection with the "die-in" protest in May. In a video first reported by the Free Beacon, they were shown shoving and accosting their Jewish classmate as he attempted to walk through the protest. Other activists joined in, using keffiyehs to block the Jewish student's view and hide their own faces as they shouted, "SHAME!"
Local prosecutors charged Tettey-Tamaklo and Bharmal with misdemeanor assault and battery and with violations of the Massachusetts Civil Rights Act. The pair was scheduled to be arraigned in June, court records show, but the hearings were postponed twice—first until September and then until late October.
Prosecutors blamed the delays on Harvard's refusal to cooperate with an investigation into the protest. While the Suffolk County District Attorney's Office asked Harvard to conduct a "follow up investigation," which it said would help "identify any additional perpetrators" and produce "inculpatory/exculpatory evidence," the school declined.
"Harvard PD has not done a follow up investigation, and the defendants are seeking a pre-arraignment disposition," office spokesman James Borghesani told the Free Beacon earlier this month. "Harvard was asked to do a follow up investigation and has not." The school's behavior "has been a shock to the Commonwealth," Assistant District Attorney Ursula Knight said during a Sept. 4 court appearance, according to an attendee.
Tettey-Tamaklo is a Harvard Divinity School student who served as a proctor—a supervisory role in which upperclassmen live among freshmen and help support their "adjustment to Harvard"—until the "die-in" incident. Months before the protest, in March 2023, he penned an essay glorifying a Palestinian terrorist who attempted to bomb a movie theater in Jerusalem.
Bharmal, meanwhile, is a Harvard law student and Harvard Law Review editor who worked this summer as an immigration law clerk with the Public Defender Service for the District of Columbia. He "is currently training to be a bollywood spin instructor," the service revealed in a LinkedIn post.
Harvard has not said whether the charges and possible conviction would impact the pair's graduation. Neither student has faced "any serious disciplinary action," according to Foxx and Stefanik.
Update 11:15 a.m.: This piece has been updated to reflect a statement from Harvard.