House Education and Workforce Committee chairwoman, Virginia Foxx, accused Lisa Ohta, the president of the Association of Legal Aid Attorneys, Local 2325, of impeding a probe into the union’s adoption of an “antisemitic” resolution. Foxx threatened to bring union leaders before Congress and consider contempt proceedings if they did not comply with a subpoena related to the resolution. The committee may pursue criminal contempt proceedings against those who refuse to honor subpoenas.

In response to the committee’s subpoena, the attorneys for the New York Civil Liberties Union Foundation and Ohta’s personal legal counsel argued that the subpoena violated union members’ free speech and association rights. They claimed the committee’s interest in the matter was due to its hostility towards the content of the resolution, rather than a legitimate concern. The ALAA UAW Local 2325 union stood by their resolution and the democratic processes that led to its passage, while also condemning antisemitism and Islamophobia.

The union for New York City lawyers in public defense firms passed a resolution last October opposing the Israeli occupation and ethnic cleansing of the Palestinian people. After facing legal challenges from some members, the resolution was ultimately passed in a vote. Foxx’s committee subpoena sought meeting minutes that she claimed showed hostility towards the resolution’s opponents. She argues that obtaining these minutes is necessary to make legislative changes that would enhance the rights of union members.

Foxx stated that the committee’s request for meeting minutes did not violate the First Amendment and was crucial for potential future changes to labor laws. She also mentioned that the Supreme Court had not invalidated congressional subpoenas on First Amendment grounds in the past. Foxx did not provide a deadline for complying with the follow-up request on the subpoena, and Ohta did not respond to a request for comment. The Legal Aid Society, which had initially denounced the resolution for its language, had faced internal challenges before the resolution was ultimately passed by the union.

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