Garber Tells Faculty DOJ Antisemitism Suit Has ‘Meritless’ Claims, Overlooks Harvard’s Efforts

Harvard President Alan M. Garber ’76 sharply criticized the Department of Justice’s lawsuit accusing the University of tolerating antisemitism on Tuesday, telling faculty the case ignores Harvard’s response and lacks a strong factual basis, according to two attendees.

In a closed-door session limited to voting members of the Faculty of Arts and Sciences, Garber said the lawsuit “ignores all of the work we’ve done on antisemitism” and that some of its claims are “quite meritless,” according to one of the attendees — challenging the White House’s central claim that Harvard was “deliberately indifferent” after Hamas’ Oct. 7, 2023 attack on Israel.

The lawsuit, filed last month by the Department of Justice under the Trump administration, seeks billions in federal funding and accuses Harvard of failing to address antisemitism and anti-Israeli conduct on campus. It also alleges the University enforced disciplinary rules unevenly during protests.

Garber’s remarks reflect Harvard’s increasingly forceful legal posture in response to the lawsuit. In a filing last month, the University argued the DOJ case amounts to a “do-over” following Harvard’s earlier victory against a federal funding freeze — a ruling issued last September and now under appeal.

The complaint leans heavily on a 300-page internal Harvard report on antisemitism and anti-Israel bias. But it omits much of the University’s broader response, including adopting the International Holocaust Remembrance Alliance’s definition of antisemitism and broadening staff training for discrimination complaints.

Harvard spokesperson Jonathan L. Swain declined to comment on Garber’s remarks on the lawsuit.

Garber delivered the comments during a 30-minute question-and-answer session following an unusually brisk faculty meeting, where professors passed a slew of amendments to a contentious grading proposal, approved a new concentration, and discussed a new language initiative.

Faculty used the session to press Garber on Harvard’s public image, the potential impact of the increased endowment tax, and the University’s plans for artificial intelligence.

Asked about former Harvard President Lawrence H. Summers, Garber said a decision on his emeritus status was still pending. But Swain later confirmed in a statement to The Crimson that Summers would not hold the title after his retirement at the end of the academic year. (Summers announced his retirement in February, after his extraordinarily personal relationship with convicted sex offender Jeffrey E. Epstein spilled into the public view.)

Garber’s appearance marks the second straight month a top administrator has attended the monthly FAS meeting, amid sustained faculty calls for greater transparency from Harvard’s top brass. Harvard Provost John F. Manning ’82 attended the closed-door session of March’s faculty meeting.

Asked about a perceived shifting public opinion of Harvard, Garber said that while many initially failed to see the value of universities, perceptions have improved over the past year.

In his remarks, Garber also recapped a year of tumult for Harvard — including a litany of lawsuits and threats to federal funding.

But he remained optimistic about the University’s ability to weather the storm.

“I was very worried about where we would be 11 months ago, but we’ve borne it quite well,” he said.

—Staff writer Abigail S. Gerstein can be reached at [email protected] and on Signal at abbysg.97. Follow her on X @abbysgerstein.

—Staff writer Amann S. Mahajan can be reached at [email protected] and on Signal at amannsm.38. Follow her on X @amannmahajan.