The intensely hostile letter that Training Secretary Linda McMahon despatched to the management of Harvard yesterday has lots happening. However essentially the most notable factor about it’s what it leaves out.
To listen to McMahon inform it, Harvard is a college on the verge of spoil. (I say McMahon as a result of her signature is on the backside of the letter, however parts of the doc are written in such a particular idiolect—“Why is there a lot HATE?” the letter asks; it indicators off with “Thanks to your consideration to this matter!”—that one detects the spirit of a sure uncredited co-author.) She accuses it of admitting college students who’re contemptuous of America, chastises it for hiring the previous blue-city mayors Invoice de Blasio and Lori Lightfoot to show management (“like hiring the captain of the Titanic to show navigation”), questions the need of its remedial-math program (“Why is it, we ask, that Harvard has to show easy and primary arithmetic?”), and accuses its board chair, Penny Pritzker (“a Democrat operative”), of driving the college to monetary spoil, amongst many different complaints. The upshot is that Harvard shouldn’t trouble to use for any new federal funding, as a result of, McMahon declares, “as we speak’s letter marks the top of latest grants for the College.”
What you’ll not discover within the McMahon letter is any point out of the unique justification for the Trump administration’s ongoing assault on elite universities: anti-Semitism. As a authorized pretext for attempting to financially hobble the Ivy League, anti-Semitism had some strategic benefit. Many college students and school justifiably really feel that these colleges did not take harassment of Jews significantly sufficient in the course of the protests that erupted after the October 7, 2023, terrorist assault on Israel by Hamas. By centering its critique on that subject, the administration was cannily appropriating for its personal ends one of many progressive left’s highest priorities: defending a minority from hostile acts.
Now, nevertheless, the masks is off. Except for one indirect reference to congressional hearings about anti-Semitism (“the good work of Congresswoman Elise Stefanik”), the letter is silent on the topic. The administration is now not pretending that it’s standing up for Jewish college students. The venture has been revealed for what it’s: an effort to punish liberal establishments for the crime of being liberal.
The hassle began with Columbia College. In early March, the administration canceled $400 million in federal funding for the college. This was framed explicitly as punishment for Columbia’s failure to adequately tackle anti-Semitism on campus. The administration then issued a set of calls for as preconditions for Columbia to get that funding again. These included giving the college president energy over all disciplinary issues and inserting the Center Jap–research division underneath the management of a special college physique. Columbia quickly introduced that it could make a listing of modifications that intently resembled what the administration had requested for. McMahon praised the modifications and mentioned that Columbia was on the “proper monitor” to get its a refund, although the federal government has nonetheless not restored the funding.
Having efficiently extracted concessions from Columbia, the federal government moved on to Harvard. On March 31, the administration mentioned that it was reviewing $9 billion in federal grants and contracts awarded to Harvard. As with Columbia, it argued that the college had not sufficiently combatted anti-Semitism on its campus. Harvard then started negotiations with the federal authorities. However on April 11, the administration despatched Harvard a listing of far-reaching modifications that the college must make to proceed to obtain federal funding. These included screening worldwide college students for disloyalty to america and permitting an exterior physique to audit school viewpoints to make sure variety.
This was an excessive amount of for Harvard. “Neither Harvard nor some other personal college can enable itself to be taken over by the federal authorities,” the college’s legal professionals wrote in a letter to administration officers. The college sued the Trump administration, arguing that the federal government had violated Harvard’s First Modification rights and did not comply with the procedures to revoke federal grants. The federal government retaliated. It instantly froze $2.2 billion in grants and $60 million in contracts to Harvard, introduced that it could take into account revoking Harvard’s nonprofit tax-exempt standing, and threatened the college’s capacity to enroll worldwide college students. Even because the warfare escalated, the putative rationale remained the identical. Trump “desires them to return to the desk and alter issues,” McMahon advised Fox Information. “It’s a civil-rights subject on campus relative to the anti-Semitism.” McMahon by no means defined how reducing funding for biomedical analysis would assist tackle anti-Semitism on campus. However the administration no less than gestured in that course.
Now not. The offenses enumerated within the McMahon letter are a disconnected seize bag of grievances. The closest factor to a authorized principle for denying Harvard future grant funding is the accusation that the varsity has violated the Supreme Courtroom’s ruling placing down race-based affirmative motion. However revoking an establishment’s funding underneath federal nondiscrimination regulation requires following a multistep course of that takes months, Derek Black, a regulation professor on the College of South Carolina, advised me. The federal government has to research a criticism and show that the college won’t take any steps to resolve the discrimination. With out displaying that Harvard has violated nondiscrimination regulation—versus merely asserting it, with out proof, in a rambling letter—the federal government can’t refuse to award it grants. “They went from the 1st step to step 5 or 6 in every week,” Black mentioned. “There’s no ‘We don’t such as you’ authority within the federal Structure or in statutory regulation. Actually, fairly the alternative: You’re precluded from that.”
Harvard’s leaders have, underneath duress, acknowledged that the establishment must make modifications. Final week, the college launched reviews detailing incidents of anti-Semitism and anti-Muslim bias and a pervasive sense of non-belonging amongst Jewish college students. It has introduced that it’s going to not help affinity-group commencement celebrations and that leaders will now not make statements on political points that don’t have an effect on the college’s core operate. “We had been confronted with a set of calls for that addressed some issues that I and others acknowledged as actual issues,” Harvard President Alan Garber advised The Wall Avenue Journal. “However the technique of addressing these issues is what was so objectionable.” The truth that the college is prepared to make modifications strengthens its authorized case difficult the cancellation of funding. A number of authorized specialists have predicted that the college will prevail in court docket.
In a 2021 speech titled “The Universities Are the Enemy,” then–Senate candidate J. D. Vance declared that universities, as left-wing gatekeepers of fact and data, “make it inconceivable for conservative concepts to finally carry the day.” The answer, Vance mentioned, was to “truthfully and aggressively assault the schools on this nation.” We’ve been seeing the aggressive a part of that components for 2 months. With the McMahon letter, the administration has gotten a lot nearer to honesty.