[ April 15, 2024 ]
Robert Tolchin, activist lawyer demands New Israel Fund confirm they do not support BDS.
Robert Tolchin is an activist lawyer has won a landmark $323 million court decision against Iran and Syria, six years after their son was killed by a suicide bomber in Tel Aviv. Read this.
Tolchin also sued Iran to control their internet domains and more. Read this.
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Dear Rabbi Lurie and Members of the Board Directors:
March 12, 2015
I am an attorney who represents numerous victims of Palestinian and Iranian terrorism in courtrooms around the United States. In addition, I have been involved in efforts to counter anti-Semitic and anti-Israel campaigns designed to delegitimize the Jewish State including the second Gaza Flotilla.
I am opposed to the BDS—Boycott, Divestment and Sanctions—movement, which is inherently biased and prejudicial and has an extremist agenda that unfairly singles out Israel and Jews. At this time, when the entire region is beset by chaos and armies engaging in utterly barbaric practices and widespread human rights abuses of the worst order, it is incongruous for the BDS movement to single out Israel and ignore the hundreds of thousands of people who have been and are being killed, tortured and maimed elsewhere, not to mention the outlaw regimes who have been arming and training the perpetrators of those
atrocities.It has come to my attention that the New Israel Fund is considering support for boycotts against the Jewish State and entities within Israel.
This letter is a warning that the New Israel Fund should under no circumstances support, publicly or privately, any boycott or similar effort against the Israeli government or the nation’s organizations, academic institutions, corporations or other entities.
The BDS movement’s efforts are unlawful racial discrimination on the basis of national origin and/or race, creed and religion under the International Convention on the Elimination of All Forms of Racial Discrimination (“Anti-Racism Convention”) and numerous U.S. state and federal statutes.
These include the following:
• N.Y. Exec. Law, Article 15 § 296(13) makes it an unlawful discriminatory practice for any person to boycott or blacklist, or to refuse to buy from, sell to or trade with, or otherwise discriminate against any person, because of the race, creed, color, national origin, sexual orientation, military status, sex, or disability of such person, or of such person’s partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers or customers, or (ii) for any person willfully to do any act or refrain from doing any act which enables any such person to take such action.
New York City Admin. Code §8-107(18) makes it an unlawful discriminatory practice for any person to discriminate against, boycott or blacklist or to refuse to buy from, sell to or trade with, any person, because of such person’s actual or perceived race, creed, color, national origin, gender, disability, age, marital status, partnership status, sexual orientation or alienage or citizenship status or of such person’s partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers or customers, or (ii) for any person willfully to do any act or refrain from doing any act which enables any such person to take such action.
As such, a boycott is unlawful racial discrimination under 42 U.S.C. § 2000e-2(a), which makes it unlawful for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.
Moreover, boycotts are unlawful racial discrimination under:
- 42 USC § 2000e-3(b);
- N.Y. Exec. Law, Article 15 § 296(1)(a);
- New York City Admin. Code §8-107(1)(a);
- N.Y. Exec. Law, Article 15 § 296(1)(d);
- New York City Admin. Code §8-107(1)(d);
- N.Y. Exec. Law, Article 15 § 296(2)(a); and
- New York City Admin. Code §8-107(4).
Participants in the BDS movement act with the clear purpose and actual effect of nullifying or impairing the recognition, enjoyment or exercise on an equal footing of the human rights and/or fundamental freedoms in the political, economic, social, cultural fields of those persons and organizations whom they seek to boycott, divest from and sanction.
A boycott is not protected by the freedom-of-speech language of the First Amendment to the U.S. Constitution because a boycott is not speech, it is action. Further, calls for and instruction in implementing
unlawful actions are not protected speech (see Holder v. Humanitarian Law Project, 561 U.S. ___, 130 S. Ct. 2705 (2010).
In light of the above, I urge the New Israel Fund to take no steps to engage in, support or implement any boycott against Israeli agencies, organizations, institutions, academics or any other entities.
Please provide prompt written confirmation that that you have read and acknowledge the above.
Please also take careful note that in the event of your failure to comply with the above, we reserve the right to take all steps permitted by law to ensure that New Israel Fund is not engaged in funding, promoting or inciting boycotts of the State of Israel or Israeli based entities, including without limitation filing legal action without further notice.
Very truly yours,
Robert J. Tolchin
JNS: Attorney warns New Israel Fund against funding BDS, says legal action may follow
The homepage of the New Israel Fund website. Credit: Nif.org screenshot.
(JNS.org) Robert J. Tolchin, a New York-based civil rights lawyer who in 2012 helped a Florida family win a landmark $323 million judgment from Iran and Syria over those countries’ involvement in a terrorist attack in Tel Aviv, said he may file legal action against the New Israel Fund (NIF) if the organization fails to confirm that it does not fund boycotts against Israel.
In a letter dated March 12 that was obtained by JNS.org, Tolchin wrote on behalf of The Berkman Law Office, LLC to NIF President Rabbi Brian Lurie, “This letter is a warning that the New Israel Fund should under no circumstances support, publicly or privately, any boycott or similar effort against the Israeli government or the nation’s organizations, academic institutions, corporations or other entities. The BDS (Boycott, Divestment and Sanctions) movement’s efforts are unlawful racial discrimination on the basis of national origin and/or race, creed and religion under the International Convention on the Elimination of All Forms of Racial Discrimination (‘Anti-Racism Convention’) and numerous U.S. state and federal statutes.”
Tolchin’s full letter can be read here.
While the NIF publicly states that it opposes the BDS movement, the organization has come under fire over its funding of anti-Israel and BDS-linked groups such as B’Tselem, Adalah, Shovrim Shtika (Breaking the Silence), Yesh Din, The Association for Civil Rights in Israel, Rabbis for Human Rights, Machsom Watch, and Physicians for Human Rights-Israel.
“Participants in the BDS movement act with the clear purpose and actual effect of nullifying or impairing the recognition, enjoyment or exercise on an equal footing of the human rights and/or fundamental freedoms in the political, economic, social, cultural fields of those persons and organizations whom they seek to boycott, divest from and sanction,” Tolchin wrote. “A boycott is not protected by the freedom-of-speech language of the First Amendment to the U.S. Constitution because a boycott is not speech, it is action.”
Tolchin urged the NIF “to take no steps to engage in, support or implement any boycott against Israeli agencies, organizations, institutions, academics or any other entities,” and asked the organization to provide The Berkman Law Office with written confirmation of its intention not to fund BDS activities.
“Please also take careful note that in the event of your failure to comply with the above, we reserve the right to take all steps permitted by law to ensure that New Israel Fund is not engaged in funding, promoting or inciting boycotts of the State of Israel or Israeli-based entities, including without limitation filing legal action without further notice,” he wrote.
Some pro-Israel activists have been campaigning for the Jewish Community Relations Council of New York to ban the NIF from the May 31 “Celebrate Israel Parade” in Manhattan, citing NIF’s funding of anti-Israel groups.
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10 Comments
9 years ago
Pam I don’t even live in the States but I am crying tears of joy. Your untiring work for truth is by far the most perfect example of human love. If anyone ever deserved the peace prize it is you.
9 years ago
Go get ’em, boy! Brilliant idea!
9 years ago
Robert Tolchin is amazing! This is the kind of lawyer I wish I worked for.
It’s inspiring to read about Robert Tolchin. While it is tragic to read about his son being killed by a terrorist in Tel Aviv – he did something about it and is making a huge difference.
G-d bless Robert Tolchin.
9 years ago
Great news. I’m sure this is in part due to the fact Pamela gave it so much coverage.
9 years ago
Maybe just maybe the world is waking up to the threat that we have known exists for years now because of Pamela and Robert and many other freedom fighters. It looks like there are smart lawyers out there ready to play the Islamist’s at their own game in the court of justice. Every step is a step indeed.
9 years ago
I am thrilled that this has happened. Dear Mr. Tolchin, G-d Bless you and keep you. Go Get them!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
9 years ago
Thank you, Mr Tolchin. You are wonderful. May the Jewish traitors be at least frightened, if they can’t be shamed.
9 years ago
I BOW TO MR. ROBERT TOLCHIN, A HEROIC ATTORNEY WHO KNOWS HOW TO employ his knowledge and talent in the right causes…despite his terrible tragedy caused by those that FIN defends! May God Bless him always and completely! Thank you Pamela for bringing this out! :o)
9 years ago
Robert J. Tolchin…
Way Cool, Sir!!
Pam, you’re a peach for making us aware of these guys!! Not to mention the illegality of such actions!!
May G-d Bless you both.
