By Adam Goldamn and Ronen Bergman
Families of Americans affected by the Hamas-led terrorist attack on Oct. 7, 2023, and those who died during the conflict in Gaza have filed a lawsuit against Iran, claiming its involvement in the most severe massacre of Jews since the Holocaust.
This lawsuit, lodged in the U.S. District Court in Washington, outlines how Iran finances Hamas and supports various terrorist groups aspiring to annihilate Israel. Part of the evidence includes documents from Hamas that were confiscated in Gaza and disseminated by media outlets, including The New York Times.
Additionally, the plaintiffs’ attorneys seem to have acquired original documents linked to a clandestine planning assembly involving a select group of Hamas military and political leaders in December 2022.
At this assembly, Yahya Sinwar, then Hamas leader in Gaza, solicited an extra $7 million monthly from Iran’s Revolutionary Guard to finance the Oct. 7 assault, referred to as the “big project.”
The Times has independently examined a collection of these documents mentioning the $7 million request, which provide insights into Hamas’s leadership dynamics and the extensive preparations leading up to the attack.
The lawsuit also highlights the Revolutionary Guard’s involvement in synchronizing efforts between Hamas and Hezbollah, a regional partner, in advance of the assault, as previously reported by the Times.
The organizations listed in the lawsuit—Hamas, Hezbollah, Palestinian Islamic Jihad, and the Popular Front for the Liberation of Palestine—are all classified as foreign terrorist entities by the United States.
Last month, Secretary of State Antony Blinken condemned Hamas’s offensive against Israel, stating, “The depravity of Hamas’s crimes is almost unspeakable.”
The families participating in the lawsuit include those of Americans who were either killed, injured, or experienced psychological suffering on Oct. 7.
On that day, 46 Americans, including children, lost their lives. Hamas also abducted around 250 individuals, 12 of whom were Americans. Seven Americans are still believed to be in Gaza, but three are feared to be deceased.
The lawsuit encompasses Americans who died in combat in Gaza or northern Israel. According to a State Department official, over 30 American-Israeli citizens have perished while serving in the Israeli military.
One among them was Moshe Leiter, 39, a reserve member of an elite naval division. His father, Yechiel Leiter, is expected to assume the role of Israeli ambassador to the United States next year.
Other American casualties included Danielle Waldman, 24, originally from Palo Alto, California. She, along with her boyfriend, was among at least 360 people killed at the Nova music festival on Oct. 7, 2023. Reports indicate she was ambushed in her vehicle, which was riddled with bullets and stained with blood. She met her boyfriend while serving in the Israeli army.
The lawsuit seeks compensatory damages in accordance with the Foreign Sovereign Immunities Act and Anti-Terrorism Act. It was brought forward by a team of distinguished attorneys, including Gary M. Osen, known for representing Nazi victims, and Lee Wolosky.
Wolosky served as the State Department’s envoy during the Obama administration, tasked with negotiating the transfer of detainees from the Guantanamo Bay prison in Cuba.
“Concrete and undeniable evidence of who financed Hamas is gradually surfacing through documents, bank statements, and similar sources, and we are determined to hold those responsible accountable, whether in U.S. courts or elsewhere, regardless of how long it takes,” stated Wolosky and Osen.
Victims of terroristic acts attributed to Iran have repeatedly pursued legal action against the nation in U.S. courts over the years. Iran typically does not appear to defend itself, leading to plaintiffs often winning default judgments.
In 2011, attorneys representing families of Sept. 11 attack victims secured a default judgment against Iran, Hezbollah, the Taliban, and al-Qaida in a Manhattan federal court lawsuit, claiming that Iranian officials aided the hijackers who targeted the World Trade Center and the Pentagon.