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Rep. Virginia Foxx (R-N.C.) and Rep. Elise M. Stefanik ’06 (R-N.Y.) accused Harvard of “willfully obstructing” a criminal investigation into the alleged physical assault of a Jewish student during a pro-Palestine protest last year at the Harvard Business School.

Foxx and Stefanik, two senior House Republicans who have led the congressional charge against Harvard over its handling of campus antisemitism, bashed University President Alan M. Garber ’76 in a letter on Wednesday over his administration’s alleged lack of cooperation with the investigation led by the Suffolk County District Attorney’s Office.

Elom Tettey-Tamaklo and Ibrahim I. Bharmal, two Harvard graduate students, were each charged with two misdemeanors for assault and battery in May for their role in a confrontation with a first-year Jewish HBS student during the Oct. 18, 2023, “die-in” protest at the Business School.

After the HBS student began filming the faces of protesters participating in the “die-in,” Tettey-Tamaklo and Bharmal came into physical contact with the HBS student as they held up security vests and keffiyehs — a traditional Palestinian headscarf — to block the student from filming.

A video of the incident went viral and a number of politicians and prominent Harvard alumni cited the confrontation as an example of the University’s alleged failure to combat campus antisemitism.

Tettey-Tamaklo and Bharmal have twice been scheduled to appear at the Brighton District Court for an arraignment, but the arraignment was postponed both times as prosecutors cited the need for more information from the Harvard University Police Department to conduct a more thorough investigation.

“In all our years of public service, we have never encountered a situation in which a law enforcement agency has affirmatively refused to cooperate with a prosecutor’s investigation — much less done so in such an open and brazen manner,” Foxx and Stefanik wrote.

University spokesperson Jason A. Newton wrote in a statement that “Harvard values our partnership with the Suffolk District Attorney’s Office.”

“The University has made clear that we stand ready to further assist the DA as needed,” Newton added. “There are no outstanding requests of the University from the DA at this time.”

HUPD turned over all investigative materials on March 8, as well as providing additional footage of the incident and other details.

But during the Sept. 5 arraignment, prosecutor Urusula Knight said she expects that HUPD will continue investigating other individuals present at the “die-in” protest.

“Harvard is shielding those who physically assaulted a Jewish student on Harvard’s campus by preventing a state prosecutor from moving forward with the state’s investigation,” the representatives wrote.

The graduate students are expected to return to court on Oct. 22, where they will enter pleas to charges of assault and battery.

Before that date, however, Foxx and Stefanik requested that Harvard provide the House Committee on Education and the Workforce with the University’s internal documents relating to the case — including any and all communication discussing the investigation.

Foxx and Stefanik asked Garber to comply with the committee’s request for internal documents and communications by Sept. 30. The request comes as the committee continues its investigation into Harvard’s handling of campus antisemitism.

Stefanik had previously criticized the University in an April letter for delaying justice and allowing Tettey-Tamaklo to graduate from the Harvard Divinity School without disciplinary action. The University had removed Tettey-Tamaklo from his role as a Thayer Hall proctor in November 2023 following the HBS incident.

“It is obvious from Harvard’s latest stint in obstructionism that it believes protecting its campus antisemites is more important than providing a safe learning environment to all its students,” Foxx and Stefanik wrote. “This decision is unacceptable, and Harvard must make public its decisions and reasons for its lack of cooperation.”

Newton wrote that “Harvard remains committed to standing up against antisemitism, and we will continue our work to ensure that every student can find belonging in our campus community.”

Correction: September 19, 2024

A previous version of this article misspelled Elom Tettey-Tamaklo’s last name.

—Staff writer Sally E. Edwards can be reached at sally.edwards@thecrimson.com. Follow her on X @sallyedwards04 or on Threads @sally_edwards06.