Foxx bolsters argument to dismiss Columbia student’s federal lawsuit

US Rep. Virginia Foxx’s lawyers explained Monday why they believe a federal judge in New York should dismiss a lawsuit filed against Foxx by a suspended Columbia University student.

Plaintiff Khymani James argued in the February suit that Foxx, a Republican representing North Carolina’s 5th District, abused her congressional authority to pressure the Ivy League school to expel James.

“While Plaintiff is understandably upset about not being a member of the Columbia community, Representative Foxx is not responsible for those circumstances,” Foxx’s lawyers wrote in their latest court filing. “And although Plaintiff apparently does not believe that there is sufficient antisemitism at Columbia to warrant an investigation by the House Committee on Education and Workforce, that was a determination for the Committee to make, and it reasonably concluded otherwise.”

“Among other things, Plaintiff ignores the fact that participants in the encampment on Columbia’s campus acted so aggressively against ‘Jewish students and faculty’ that Columbia’s President declared it to be in violation of federal law,” the court filing continued. “Plaintiff also neglects to mention that Plaintiff participated in that encampment by illegally blocking ‘Zionist’ students from accessing it and was suspended by Columbia for that misconduct.”

James defended his suit in a May 9 court filing.

“Does a sitting Congressperson have the right, without accountability, to use the authority of her position, to demand that a university expel an individual student she does not like?” lawyer Jonathan Wallace asked. “Can she then validly claim the protection of the Speech and Debate Clause, or of sovereign immunity, on the grounds that secretly trying to end the education and career of a beleaguered twenty-two year old African American kid, is in pursuit of a valid legislative purpose?”

“Plaintiff Khymani James respectfully submits these questions must be answered No,” Wallace added.

Foxx first asked in April for US District Judge Paul Engelmayer to dismiss James’ suit.

“In the aftermath of the October 7, 2023 terrorist attacks in Israel, a wave of antisemitism swept over our nation’s college campuses, leading to discrimination against Jewish students at institutions of higher education receiving billions of dollars in federal funds,” lawyers from the US House of Representatives’ Office of General Counsel wrote. The office represents Foxx. “Plaintiff Khymani James was suspended by Columbia University for one year in August 2024 for partaking in this troubling trend and doing so in a threatening manner.”

“According to Columbia, Plaintiff posted on Instagram in November 2023: ‘Zionists … I don’t fight to injure … I fight to k***[.] See yall in New York [] January 2024 [].” When Columbia set up a virtual meeting with Plaintiff to discuss the post, James surreptitiously livestreamed it,” the court filing continued. “During the livestream, James stated ‘[t]here should not be Zionists anywhere. Zionists are Nazis,’ that ‘the world is better without them,’ and that the audience should ‘be grateful that I’m not just going out and murdering Zionists.’”

“After that, in April 2024, Plaintiff physically prevented other students from entering campus grounds that contained an encampment,” Foxx’s lawyers wrote. “Plaintiff was given a chance to end the suspension in August 2025, but doubled down, stating that ‘[a]nything I said, I meant it.’ Columbia thus extended James’s suspension for another year.”

“Rather than take accountability, Plaintiff points the finger at others,” the court filing added. “Plaintiff has already filed two lawsuits against Columbia, blaming the university for the suspension and its renewal. Now, James is blaming Representative Virginia Foxx, primarily relying on a tweet that she posted in September 2025.”

“Plaintiff’s suit is meritless,” Foxx’s lawyers wrote. “Because Plaintiff’s predicament is a result of Plaintiff’s own actions, and the suit is barred by two separate immunity doctrines (Speech or Debate Clause and Sovereign Immunity), Plaintiff faces insurmountable jurisdictional obstacles. Furthermore, Plaintiff does not, and cannot, plausibly allege claims rooted in either the First Amendment or tortious interference with contract.”

The Speech and Debate Clause protects members of Congress from civil suits related to their official actions. Foxx investigated Columbia in 2024 in her role as chair of the House of Representatives’ Committee on Education and the Workforce.

She tweeted in September 2025: “When I was Chair of the @EdWorkforceCmte the leadership at @Columbia made a direct statement to me that Khymani James would be expelled for his antisemitic rhetoric – my committee staff at the time were present as well when the statement was made. He was not expelled. Nothing was done. @Columbiayou have failed again, again, and again.”

“Although unclear, Plaintiff appears to allege that the September 12 tweet (and perhaps also the February 12 Letter and the Staff Report) were attempts by Representative Foxx ‘to get James expelled,’” Foxx’s lawyers wrote. “The Complaint alleges two counts: first, that Representative Foxx violated the First Amendment by jawboning Columbia into expelling Plaintiff; and second, that this constitutes tortious interference with contract.”

“To the extent Representative Foxx’s tweet implies that there were prior meetings or communications between her and Columbia, James does not allege that they played any role in Columbia’s disciplinary actions,” the court filing added. “But even if Plaintiff had pled such allegations, any meetings or communications between her and Columbia are legislative acts absolutely protected by the Speech or Debate Clause because they were done in furtherance of the Committee’s oversight investigation of Columbia.”

“Foxx bolsters argument to dismiss Columbia student’s federal lawsuit” was originally published on www.carolinajournal.com.