Palestine solidarity is the target of HR 9495 & this legislation is a direct threat to democracy
by Pauline Park
15 Democrats joined every Republican in the House of Representatives but one to pass the Terror-Financing & Tax Penalties on American Hostages Act (H.R. 9495) by a vote of 219-184, on 21 November 2024; what are the implications of this legislation should it pass the Senate and be signed into law either by Joe Biden or Donald Trump…?
The American Civil Liberties Union (ACLU) noted in a press release before House passage of the bill that it “would give the incoming Trump administration new power to muzzle, punish, and effectively shut down tax-exempt organizations without transparency or appropriate due process. This misguided piece of legislation would impact a wide range of tax-exempt organizations, including nonprofits, universities, and even news outlets” (American Civil Liberties Union, “Ahead of House Vote on Bill That Would Stifle Dissent, ACLU Sounds Alarm Again,” ACLU press release, 20 November 2024).
“This bill is a five-alarm fire for anyone who seeks to protect free speech, civil society, and democracy. This bill is part of a broader MAGA assault on the fundamental right to public protest that begins with attacks on Palestinian rights groups and is aimed at outlawing all social justice movements fighting for progressive change,” said Beth Miller, political director for Jewish Voice for Peace. “It is shameful that the House of Representatives passed a bill that is straight out of the well-worn authoritarian playbook. The Senate must ensure that this bill to dismantle fundamental freedoms does not move forward or become law” (Julia Conley, “15 Democrats Join House GOP to Pass ‘MAGA Assault’ on Nonprofits,” Common Dreams, 21 November 2024).
“JVP noted that H.R. 9495 has its roots in the right-wing policy agenda Project 2025 and the Heritage Foundation’s Christian nationalist initiative Project Esther, which claims to combat antisemitism but is aimed at denying resources to groups that support the human rights of Palestinian people,” noted Conley.
What are the most pernicious aspects of this legislation?
First, it gives the secretary of the treasury the legal authority to designate any 501(c)(3) not-for-profit a terrorist organization.
Second, there is no clear appeal process beyond the secretary of treasury beyond resort to a legal challenge and the current composition of the US Supreme Court does not inspire confidence in the potential for having this legislation struck down as unconstitutional if it is signed into law.
Third, the clear target of this pernicious legislation is the Palestine solidarity movement and the obvious objective is to silence critics of Apartheid Israel and its Gaza genocide.
Fourth, this legislation could be used to silence all dissent under the new Trump administration and bears striking similarity to legislation enacted by the Italian parliament under Benito Mussolini and the German Reichstag under Adolf Hitler.
Fifth, there are already precedents for criminalization of Palestine solidarity activists and their organizations. Palestine Legal and the Center for Constitutional Rights condemned Joe Biden’s treasury department for adding Samidoun to the ‘Specially Designated Global Terrorist’ (SDGT) list in October 2024 — in advance of the 2024 presidential election (Palestine Legal, “Palestine Legal & the Center for Constitutional Rights Condemn US Designation of Palestine Advocacy Group as Genocide Escalates,” Palestine Legal press release, 30 October 2024). Another example was the unjust prosecution of the ‘Holy Land Five’: Ghassan Elashi, Shukri Abu-Baker, Mufid Abdulqader, Abdulrahman Odeh, and Mohammad El-Mezain (Umar A. Farooq, “Holy Land Five: Palestinian American released to halfway house after two decades in prison,” Middle East Eye, 12 December 2024).
In short, HR 9495 is a clear and present danger to freedom of speech in the United States and to the Palestine solidarity movement in particular.
