The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Free Speech

Hate Crimes Charges for Attacks on Pro-Israel Protesters

|

From a Justice Department press release last week:

An indictment was unsealed today in the Southern District of New York charging Tarek Bazrouk 20, of New York, New York, with three counts of committing hate crimes in connection with his repeated assaults of Jewish victims in New York City between 2024 and 2025. Bazrouk was arrested this morning ….

"As alleged, on three separate occasions, Tarek Bazrouk deliberately targeted and assaulted Jewish victims at protests relating to the Israel/Gaza war," said U.S. Attorney Jay Clayton for the Southern District of New York. "Despite being arrested after each incident, Bazrouk allegedly remained undeterred and quickly returned to using violence to target Jews in New York City. This Office is dedicated to seeking justice for victims of hate crimes and will aggressively prosecute those who spread bigotry and discrimination through violence."

According to court documents, other public filings, and statements previously made on the record in this case, over the course of approximately nine months, Bazrouk physically assaulted three Jewish individuals at protests concerning the Israel/Gaza war. First, on April 15, 2024, Bazrouk — while wearing a green headband typically worn by Hamas terrorists — attended a protest concerning the Israel/Gaza war in Lower Manhattan, outside the New York Stock Exchange. During the protest, Bazrouk was arrested by officers from the New York City Police Department (NYPD) after lunging at a group of pro-Israel protestors. As Bazrouk was being escorted to an NYPD vehicle, Bazrouk kicked a different individual — Victim-1, a Jewish college student — in the stomach. At the time of the assault, Victim-1 was standing near other Jewish protestors, who were wearing kippahs (that is, brimless skullcaps traditionally worn by Jewish men), carrying Israeli flags, and singing Jewish songs.

Approximately eight months later, on Dec. 9, 2024, Bazrouk assaulted another individual at a protest relating to the Israel/Gaza war next to a university campus in upper Manhattan. The victim of the second assault — Victim-2 — is a Jewish student who attended the nearby university. On the date of the assault, Victim-2 and his brother were wearing kippahs, Victim-2 had an Israeli flag draped around his shoulders, and Victim-2 was singing Jewish songs. As the protest continued, Bazrouk — with his mouth covered — stole an Israeli flag from Victim-2's brother and fled. After Victim-2 and his brother followed Bazrouk through a crowd to retrieve the flag, Bazrouk snuck up beside Victim-2 and struck him in the face with a closed fist.

Roughly one month later, on Jan. 6, 2025, Bazrouk assaulted a third Jewish victim — Victim-3 — at a protest concerning the Israel/Gaza war near 1st Avenue and East 18th Street in Manhattan. At this protest, Victim-3 was wearing an Israeli flag around his shoulders, a hat with an Israeli flag, and a chain with a Jewish star. During the protest, Bazrouk, who was wearing a keffiyeh on his face, made contact with Victim-3's shoulder and wrapped his foot around Victim-3's ankle. Victim-3 attempted to push BAZROUK away and cursed at him. Bazrouk then punched Victim-3 in the nose with a closed fist.

"Over the course of nine months, Tarek Bazrouk allegedly targeted and violently attacked multiple Jewish victims in a series of physical assaults, while demonstrating a pattern of supporting anti-Semitic terrorist organizations," said Assistant Director in Charge Christopher G. Raia of the FBI New York Field Office. "These alleged hate crimes not only violated the victims' ability to exercise their first amendment rights, but also intimidated and sparked fear among a broader population. The FBI won't tolerate this behavior and will apprehend any individual who commits a federal crime seeking to harm others for their religious beliefs." …

Evidence from [a cellphone search] revealed Bazrouk's anti-Semitic bias and his support for anti-Jewish terrorist groups including Hamas, demonstrating his motivation for repeatedly assaulting Jewish victims. In text messages, for example, Bazrouk identified himself as a "Jew hater," labeled Jews as "worthless," extorted "Allah" to "get us rid of [Jews]," called an acquittance a "Fucking Jew," and told a friend to "slap that bitch" in reference to a woman with an Israeli sticker on her laptop. Bazrouk also told a friend that he was "mad happy" to have learned that certain of his family members overseas are part of Hamas. Bazrouk's phone was also littered with pro-Hamas and pro-Hizballah propaganda, showing his support for organizations that have murdered thousands of Jews and Israelis.

Specifically, the Indictment alleges a hate crime based on the victims' "actual and perceived" "race," "national origin," and "religion."