Student Who Called for Death of Zionists Sues US Rep. Virginia Foxx Over Suspension From Columbia University

A suspended Columbia University student who said Zionists do not deserve to live and are lucky he has not resorted to killing them himself has filed a federal lawsuit against US Rep. Virginia Foxx, alleging the North Carolina Republican used her former position as chair of the House Committee on Education and the Workforce to retaliate against him for his criticism of Israel, according to court filings submitted Wednesday in New York.

The lawsuit, James v. Foxx, filed in the US District Court for the Southern District of New York, claims Foxx “abused her role and authority” by targeting the plaintiff, Khymani James, in connection with congressional investigations into campus antisemitism, actions which, the suit says, ultimately contributed to his suspension from Columbia University. James’ attorney, Jonathan Wallace, argues those actions violated his client’s First Amendment rights and constituted unlawful retaliation for protected speech.

The suit takes umbrage with an October 2024 report filed by Foxx’s office called “Antisemitism on College Campuses,” which, according to Wallace, “falsely calls him an antisemite.” The legal team argues that James’ suspension from the Ivy League university and the potential expansion of that suspension to an indefinite time frame “were baldfaced attempts to propitiate Foxx and the committee.”

The complaint emphasizes that the student’s speech was political, not discriminatory, stating explicitly that “James is not an antisemite” and alleging that his criticism of Israeli government policy was falsely conflated with antisemitism. According to the filing, the plaintiff contends that Foxx’s conduct was an attempt to “blight James’ education, career, and life, all in retaliation for their First Amendment-protected speech.”

Foxx has not publicly responded to the lawsuit. The case is in its early stages and has not yet been assigned to a judge. Observers suggest the suit could raise significant constitutional questions about the boundaries of congressional authority, legislative immunity, and the extent to which lawmakers can be held personally liable for actions tied to politically charged investigations.

James came under fire after filmed himself making explosive comments during the 2023-2024 academic year, a period in which Columbia students amassed in the hundreds to set up a “Gaza Solidarity Encampment” on the New York City campus to show solidarity with Hamas in the aftermath of the Palestinian terrorist group’s Oct. 7, 2023, massacre across southern Israel.

“These are all the same people. The existence of them and the projects they have built, i.e. Israel, i’’s all antithetical to peace. It’s all antithetical to peace. And so, yes, I feel very comfortable, very comfortable, calling for those people to die,” James said in 2024.

“Zionists don’t deserve to live,” he continued, proclaiming that people should “be grateful that I’m not just going out and murdering Zionists.”

James warned, “I don’t fight to injure or for there to be a winner or a loser. I fight to kill.”

Facing criticism from lawmakers and Jewish advocacy groups over its hesitance to discipline students who perpetrated antisemitism, Columbia suspended James in April 2024, saying he would be eligible to return in the fall of 2025. In response, he sued the university, alleging that the measure was racist and aimed at “privileging a subset of Jewish people.”

The suit charged twice that Columbia University favored Jews over “nonJews [sic].”

Columbia refused James’ request to return to campus in the fall of 2025.

One year later, in August 2025, Columbia again rejected his request to reenroll in a second letter filed in James’ lawsuit.

“Your written submissions do not demonstrate a clear understanding of the impact of your conduct,” a school official wrote to James.

The letter, filed in December as an exhibit in the lawsuit, explained that James’ online speech since being suspended prevented his re-enrollment, as it showed “insufficient ‘reflection on your activities’ that resulted in your suspension.” The letter cited that James had defended his wish to kill Zionists while being suspended and publicly said on social media that “anything I said, I meant it.”

“Your use of language tending to reaffirm those statements during your suspension raises serious concerns about your readiness to return to Columbia and engage with others appropriately,” the letter continued. “That only reinforces our concerns, rather than alleviates them.”

However, the university stressed that James was entitled to due process and would be “eligible to reapply to return” for the fall 2026 semester.

“It is our hope that you will use the months ahead to engage in more substantive and careful reflection on the behaviors that led to your suspension,” the letter stated.

James’ new lawsuit against Foxx comes amid ongoing intense national debate over campus protests following Hamas’s Oct. 7 atrocities, with Foxx emerging as a leading congressional voice pressing universities to take stronger action against antisemitism. The complaint argues that congressional oversight powers were used not for legitimate legislative purposes but to silence his anti-Israel advocacy. 

Columbia became a hub of campus antisemitism and pro-Hamas activism in the wake of the Oct. 7 attack, amid the ensuing war in Gaza.