As Antisemitism Lawsuit Drags On, Harvard Demands Kestenbaum’s Messages With Politicians

Harvard filed a motion on Friday to compel Harvard Divinity School graduate Alexander “Shabbos” Kestenbaum, the lead plaintiff in an ongoing Title VI lawsuit, to turn over extensive documentation of his campaign against Harvard — including communication with politicians and messages from the “Harvard Pro-Israel WhatsApp group.”

In the filing, the University accused Kestenbaum of dragging his feet by not sending Harvard the materials it had requested in the case. An attorney for Harvard wrote that Kestenbaum had not responded to Harvard’s requests for information during discovery, and had not indicated he would respond.

If approved by a judge, the motion would force Kestenbaum to produce the requested material.

“The time has passed for Mr. Kestenbaum to boast about his lawsuit while refusing to engage in his responsibilities as a litigant,” the Harvard lawyer wrote. “Having risen to fame as an ‘American suing Harvard,’ he must now decide if he is actually willing to engage in the litigation that launched his public persona.”

The list of materials requested by Harvard — which, according to the filings, the University initially asked for on Dec. 27 — has not been previously reported. It illustrates an apparent strategy by Harvard to investigate how Kestenbaum, who has emerged as a leading public voice accusing Harvard of antisemitism, has amplified his allegations.

The materials, if handed over, would give the University’s lawyers a window into Kestenbaum’s relationship with politicians who have hounded Harvard with investigations and threats — putting administrators on the defensive as they try to salvage the school’s public image and federal funding.

Kestenbaum’s lawyers did not respond to a request for comment for this article.

Harvard first requested the documents in December in response to two Title VI suits against the University — one from Kestenbaum, along with the group Students Against Antisemitism, and one from Louis D. Brandeis Center for Human Rights Under Law and Jewish Americans for Fairness in Education. Both groups alleged that the University failed to combat antisemitism on campus.

Settlements were reached in both suits in January, in which Harvard agreed to adopt the controversial International Holocaust Remembrance Alliance definition of antisemitism and pay an undisclosed amount. But Kestenbaum did not accept the settlement and opted to continue pursuing litigation with different counsel.

His most recent proposed complaint, which would add two anonymous plaintiffs, has yet to be approved by a judge.

In their motion, Harvard’s lawyers demanded an extensive list of documents related to Kestenbaum’s allegations, including communication between the plaintiffs and Harvard affiliates, media outlets, advocacy groups, nonprofits or “any public official or candidate for public office” about the allegations — specifically listing the House Committee on Education and the Workforce, which began the first investigation into antisemitism at Harvard in December 2023.

Kestenbaum has testified before the House committee multiple times, and was featured as a speaker at the Republican National Convention in July, where he slammed Harvard for a “culture that is anti-Western, that is anti-American, and that is antisemitic.”

The University lawyers also requested all documents concerning compensation or offers of compensation Kestenbaum may have received for public appearances or statements about the allegations against Harvard. They also specifically asked for communications between Kestenbaum and Donald Trump’s 2024 presidential campaign, as well as documents related to Kestenbaum’s RNC appearance.

They also asked for documents relating to any effort to publicize private information about Harvard affiliates — “including, but not limited to, Communications with individuals or organizations that engage in such activities, such as the Twitter account @StopAntisemitism and the website canarymission.org.”

Both sites have posted the names and faces of Harvard students, accusing them of antisemitism.

The University argued the documents and communications from Kestenbaum were “relevant to his allegations that he experienced harassment and discrimination to which Harvard was deliberately indifferent in violation of Title VI” and added that they could be used to assess his claims of damages.

The request also included all communications in the Harvard Pro-Israel WhatsApp group, citing a post from Kestenbaum on X where he included a screenshot from the group chat where a member expressed support for Kestenbaum and others.

A Harvard spokesperson declined to comment for this article.

Harvard’s discovery request also asked for documents describing the ownership, funding, financial backing, management, and structure of the three organizations — SAA, the Brandeis Center, and JAFE — that were plaintiffs in the original Title VI suits.

In the motion, Harvard lawyers wrote that Kestenbaum’s refusal to provide the material voluntarily has prevented the University from scheduling depositions with witnesses.

“The close of fact discovery is rapidly approaching,” they wrote. “Accordingly, this Court should compel Mr. Kestenbaum to produce the requested documents so that this case can proceed.”

—Staff writer Sebastian B. Connolly can be reached at sebastian.connolly@thecrimson.com. Follow him on X @SebastianC4784.

—Staff writer Julia A. Karabolli can be reached at julia.karabolli@thecrimson.com.