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One side wanted to understand the problem of hate and what can be done to understand and arrest its growth, while the other side seemed more intent on pouring gasoline on the fire. It was shameful.
Our politics and system of governance is in crisis. This was made clear this past week before and during the US Senate Judiciary Committee’s hearing on hate crimes in America.
The hearing was titled, “A Threat to Justice Everywhere: Stemming the Tide of Hate Crimes in America,” and was designed to examine the dramatic increase in hate crimes and to suggest a whole of government approach to deal with this problem. The expert witnesses invited to present testimony were: Kenneth Stern, Director of the Bard Center for the Study of Hate; Maya Berry, Co-chair of the Hate Crimes Task Force at the Leadership Conference on Civil and Human Rights (LCCHR) and Executive Director of the Arab American Institute; and Rabbi Mark Goldfeder, Director of the National Jewish Advocacy Center. Stern and Berry were invited by the Majority (Democrats), while Goldfeder was the pick of the Republican side.
Even before the day of the hearing, the depth of the divisions plaguing American society were evident. Republicans objected that the hearings were designed to focus on hate crimes affecting all vulnerable communities in the US. What they wanted instead was a replication of the hearings that the GOP-led House had convened, ostensibly focused on antisemitism, but which strayed far afield. A few conservative American Jewish organizations were also troubled by this broader approach.
Republicans criticized Stern, who despite having been an official at the American Jewish Committee and the lead author of the controversial International Holocaust Remembrance Alliance (IHRA) definition, has since become a critic of the way this IHRA definition has been used to restrict free speech and its conflation of some legitimate criticism of Israel with antisemitism.
Berry is one of the leading researchers on hate crime data on the federal and state levels and the problems encountered in hate crime reporting. She was also the force behind the “Jabara-Heyer NO HATE Act” designed to improve federal hate crime reporting. Though highly regarded for her advocacy for all affected communities through her work with LCCHR, she was seemingly targeted by Republicans for one simple reason: She’s an Arab American who has been critical of Israeli policies and of efforts, domestically, to punish critics of those policies.
It was clear from the outset that all would not go well. Democrats made the case that their concern was the overall rise in hate crimes affecting multiple groups, while Republicans derided the entire effort as deliberately sidestepping the “real problem”—antisemitism. For her part, Berry meticulously detailed the statistics of the dramatic rise in recent years in hate crimes against each group: Blacks, Latinos, Asians, Arabs, Jews, Muslims, LGBTQ, and those with disabilities. She then outlined problems with underreporting, the difficulty in reconciling state and federal data, and made specific recommendations for improving reporting and enforcement of existing hate crime legislation.
Stern insisted that universities have an obligation to protect all students and faculty against being “bullied, harassed, intimidated, threatened, or discriminated against,” cautioned Congress against codifying a broad definition of antisemitism, noting it has not been necessary to fight hate for any community. He argued that instead of policing speech— prioritizing one view over another, resulting in an “us versus them” polarization—universities had the responsibility to protect speech and promote civil discourse by challenging students to understand diverse points of view and the people who hold these views. It is the more difficult path to pursue, but, in the end, it is the role of the university to educate not police or punish.
On the other hand, Goldfeder agreed with the Republicans that the hearing should have only focused on antisemitism, arguing that it is not only the most important challenge facing America today, but also that all other forms of hate emanate from it.
True to form, the Republicans who asked questions rejected the broad focus of the hearing, delivering inflammatory remarks against U.S. students protesting the genocide unfolding in Gaza, charging that they were being funded or encouraged by Hamas, Hezbollah, and Iran. Goldfeder agreed saying that the students were either directly serving these entities or were their “useful idiots.”
Others harassed Berry, demanding that she denounce Hamas and agree that statements like “intifada” or “from the river to the sea…” were calls for genocide against Jews. Berry calmly rejected this baiting, saying that she of course didn’t support Hamas as it is a “foreign terrorist organization” and she rejected all forms of violence. This, however, wasn’t enough for one Senator, who continued to badger her, causing her to respond that she was only being asked these questions because she is an Arab-American woman. She went on: “It’s regrettable that as I sit here today, I have 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 today.”
The audience of largely Arab and Jewish Americans, who had gathered to witness the hearing, instead of learning about the rise of hate and the crimes that might result from it, left with heightened passions. It was, as Berry noted, disappointing and an indication of how broken we have become. One side wanted to understand the problem of hate and what can be done to understand and arrest its growth, while the other side seemed more intent on pouring gasoline on the fire and watching it burn—all for political gain.
"It was telling that Kennedy along with his Republican colleagues could not avoid actively engaging in anti-Muslim hate speech during a hearing about the rise in hate crimes," said the congresswoman.
The U.S. Senate Judiciary Committee's hearing earlier this week on the rise in hate crimes since last October was historic for its inclusion of testimony on crimes against Palestinians, Muslims, and Arab Americans, said Rep. Ilhan Omar on Friday—but the event also served to illustrate how Islamophobia is still widely accepted—and practiced—among top government officials, including elected lawmakers.
The Minnesota Democrat responded to comments made by Sen. John Kennedy (R-La.) to witness Maya Berry, executive director of the Arab American Institute, in which the lawmaker accused Berry of supporting Hamas and Hezbollah and told her to "hide [her] head in a bag."
"It was telling that Kennedy along with his Republican colleagues could not avoid actively engaging in anti-Muslim hate speech during a hearing about the rise in hate crimes," said Omar in an op-ed published by The Guardian. "As unfair remarks were hurled at [Berry], the American people witnessed the very purpose of the hearing in plain view for all: The normalization of hate speech is alive and well."
Omar applauded Berry's "grace, sensitivity, and poise" as she spoke out against hate speech and violence against all groups in a departure from how bigotry has been approached by Congress since October, when Hamas led an attack on southern Israel.
The congresswoman noted that while "the rise of antisemitism has sparked many hearings in Congress... this was the first hearing since October 7 that addressed hate targeting Arab, Muslim, and Palestinian Americans. Fighting bigotry requires us to condemn it wherever we see it. For far too long, hate speech made against Arab, Muslim, and Palestinian Americans goes ignored."
Berry said at the hearing that "hate against any one group is inseparable from hate against all and hate prevention should be done collectively—in coalition and partnership with all communities affected by hate."
But the acceptance within Congress of hatred against Muslims and Arab Americans was made clear on Tuesday not just by Kennedy's remarks, but also those of Sens. Lindsey Graham (R-S.C.) and Ted Cruz (R-Texas).
Graham rejected the inclusion of bigotry other than antisemitism in his opening remarks, while Cruz said the Democratic Party has a "pro-Hamas wing," apparently referring to those who oppose the U.S.-backed Israeli military's assault on Gaza, which has killed more than 41,000 people—the majority of whom were civilians—since last October.
"Islamophobia sells to their base and that is why they remain hellbent on ginning up hate speech at the expense of communities across this country they deem as 'other,' including their own constituents," wrote Omar. "The reality is, Kennedy will face no consequences for his actions because of his power, position, privilege, and incompetence. But for millions of Arab, Muslim, and Palestinian Americans across this country, it is imperative that we call out this speech in order to bring needed change and for the safety of those communities."
"Not only should his comments be unequivocally condemned by every single sitting member of Congress," added Omar of Kennedy, "but his remarks raise serious concerns about the normalization of Islamophobic hate speech in our country."
Numerous rights groups including the Council on American-Islamic Relations, the Center for American Progress, and the ACLU have denounced the senators' remarks, but has not faced wide condemnation from his colleagues.
Omar warned that allowing Kennedy's remarks to stand without wide condemnation from his congressional colleagues could have "tangible consequences"—noting that Arab Americans have faced deadly violence since last October. Three students of Palestinian descent were shot in Vermont weeks after Israel began its assault on Gaza, leaving one paralyzed, and six-year-old Wadee Alfayoumi, a Palestinian American, was murdered in Chicago soon after.
As Omar's op-ed was published on Friday, the right-wing National Review published a political cartoon showing Rep. Rashida Tlaib (D-Mich.) with an exploding pager—a reference to Israel's deadly bombings this week using communications devices in Lebanon. Rights advocate and Dearborn, Michigan mayor Abdullah Hammoud denounced the drawing as "absolutely appalling."
"As someone who has been the subject of frequent death threats and offensive Islamophobic speech, I know the harm of hate speech firsthand," said Omar. "This speech is corroding our democracy, the fabric of our communities, and the future of our country."
But if Kennedy felt comfortable openly accusing an Arab American rights advocate of supporting terrorism in a public hearing, the congresswoman suggested, Islamophobia is proliferating throughout Congress and the Republican Party.
"Kennedy's comments were just the tip of the iceberg," said Omar. "It is incumbent upon all of us to call out hate speech whenever we see it because fighting bigotry of any kind means fighting bigotry of every kind."
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."