Memorandum in Support re [36] Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim Filed by the House Committee on Education and Workforce, Tim Walberg. (Attachments: (1) Declaration of Todd B. Tatelman)(Berry, Matthew)

TECHNOLOGY, et al.,

I, Todd B. Tatelman, pursuant to the provisions of 28 U.S.C. § 1746 declare and say:

1.

I am the Deputy General Counsel in the Office of General Counsel of the U.S.

House of Representatives. I have served in this capacity since 2018 and have served in the Office of General Counsel since 2011. I represent the Honorable Tim Walberg and the Committee on Education and Workforce of the U.S. House of Representatives in this matter.

2.

Attached as Exhibit A is a true and correct copy of Letter from Rep. Virginia

Foxx, Chairwoman, H. Comm. on Educ. and the Workforce, to Dr. Sally Kornbluth, President, Mass. Inst. of Tech., et al. (Mar. 8, 2024).

3.

Attached as Exhibit B is a true and correct copy of Letter from Rep. Tim

Walberg, Chairman, H. Comm. on Educ. and Workforce, to Dr. Sally Kornbluth, President, Mass. Inst. of Tech. (Dec. 11, 2025).

4.

Attached as Exhibit C is a true and correct copy of Letter from Rep. Tim

Walberg, Chairman, H. Comm. on Educ. and Workforce, to Dr. Sally Kornbluth, President, Mass. Inst. of Tech. (Mar. 17, 2026)

I declare under penalty of perjury that the foregoing is true and correct. Executed on

June 5, 2026, in Washington, D.C.

/s/ Todd B. Tatelman Todd B. Tatelman Exhibit A MAJORITY MEMBERS: VIRGINIA FOXX, NORTH CAROLINA,

Chairwoman

JOE WlLSON, SOUTH CAROLINA GLENN THOMPSON, PENNSYLVANIA TIM WALBERG, MICHIGAN GLENN GROTHMAN, WlSCONSIN ELISE M. STEFANIK, NEW YORK RICK W, ALLEN, GEORGIA JIM BANKS, INDIANA JAMES COMER, KENTUCKY LLOYD SMUCKER, PENNSYLVANIA BURGESS OWENS, UTAH BOB GOOD, VIRGINIA LISA C. MCCLAIN, MICHIGAN MARYE. MILLER, ILLINOIS MICHELLE STEEL, CALIFORNIA RON ESTES, KANSAS COMMITTEE ON EDUCATION AND THE WORKFORCE JULIA LETLOW, LOUISIANA KEVIN KILEY, CALIFORNIA AARON BEAN, FLORIDA ERIC BURLISON, MISSOURI NATHANIEL MORAN, TEXAS JOHN JAMES, MICHIGAN LORI CHAVEZ-DEREMER, OREGON BRANDON WlLLIAMS, NEW YORK ERIN HOUCHIN, INDIANA

Dr. Sally Kornbluth President

Massachusetts Institute of Technology 77 Massachusetts Avenue Room 3-208 Cambridge, MA 02139 ., Mr. Mark P. Gorenberg Chair of the Corporation The MIT Corporation 77 Massachusetts Avenue Room 7-203 Cambridge, MA 0213 9 Dear Dr. Kornbluth and Mr. Gorenberg:

MINORITY MEMBERS: ROBERT C. "BOBBY- SCOTT, VIRGINIA, Ranking Member RAUL M. GRIJALVA, ARIZONA JOE COURTNEY, CONNECTICUT GREGORIO KILILI CAMACHO SABLAN, NORTHERN MARIANA ISLANDS FREDERICA S. WlLSON, FLORIDA SUZANNE BONAMICI, OREGON MARK TAKANO, CALIFORNIA ALMA S. ADAMS, NORTH CAROLINA MARK DESAULNIER, CALIFORNIA DONALD NORCROSS, NEW JERSEY PRAMILA JAYAPAL, WASHINGTON SUSAN WlLD, PENNSYLVANIA LUCY MCBATH, GEORGIA JAHANA HAYES, CONNECTICUT ILHAN OMAR, MINNESOTA HALEY M. STEVENS, MICHIGAN TERESA LEGER FERNANDEZ, NEW MEXICO KATHY E. MANNING, NORTH CAROLINA FRANK J. MRVAN, INDIANA JAMAAL BOWMAN, NEW YORK

The Committee on Education and the Workforce (the Committee) is investigating the Massachusetts Institute of Technology's (MIT or the Institute) response to antisemitism and its failure to protect Jewish students. We have grave concerns regarding the inadequacy of MIT's response to antisemitism on its campus. In testimony before the Committee on December 5, 2023, Dr. Kornbluth made numerous statements that further called into question the Institute's willingness·to address antisemitism seriously, including failing to state unequivocally that calling for the genocide of Jews would violate MIT's code of conduct and community standards. 1 Despite widespread public criticism of Dr. Kornbluth's testimony, the MIT Corporation issued an endorsement, writing that Dr. Kornbluth "has done excellent work in leading our community, including in addressing 1 Holding Campus Leaders Accountable and Confronting Antisemitism: Hearing Before the H Comm. on Education. and the Woriforce, 118th Cong. (2023) (statement of Sally Kornbluth, President, Mass. Inst. Tech). Dr. Sally Kornbluth and Mr. Mark Gorenberg March 8, 2024 antisemitism, Islamophobia, and other forms of hate, all of which we reject utterly at MIT. She has our full and umeserved support. "2 The MIT Corporation's assessment stands at odds with the experiences of many Jewish MIT students. A survey of 75 Jewish students found that 59 percent had experienced antisemitism since October 7, and 73 percent did not feel comfortable publicly being Jewish, Israeli, or suppmtive oflsrael on MIT's campus.3 Further, 70 percent had changed their behavior (such as no longer wearing a kippah or Star of David) to minimize attention from antisemitic and anti­ Israel individuals.4 While 89 percent of Jewish MIT students surveyed felt "very safe" on campus pre-October 7, only 11 percent did following the attacks.5 When asked to rate whether "the MIT administration's actions have been adequate to help you feel safer on MIT's campus" on a scale of one (not at all) to five (completely), 74 percent of students chose one or two.6 In a December 2023 statement to the Committee, MIT Israel Alliance President Talia Khan decried the MIT administration's response to campus antisemitism, writing, "President Kornbluth has watched as violent hatred infects, in broad daylight, an Institution which is looked to as a beacon of enlightenment. This failure by the MIT administration to protect Jewish students must not be regarded simply as inaction, but rather as a feckless, cowardly, hypocritical, and entirely deliberate choice to remain silent. "7 Khan further stated that Kornbluth told her directly in a private meeting that she could not apply MIT's rules equally due to fears of losing faculty suppmt. 8 That same month, MIT Lecturer Mauricio Karchmer, who taught over 65 percent of each annual MIT undergraduate class in his Introduction to Algorithms course, resigned because he "could no longer deal with the pervasive antisemitism on MIT's campus," also citing the failure of MIT's leadership to address this epidemic of hatred and protect Jewish students, faculty, and staff.9 This pervasive antisemitism is exemplified by numerous deeply troubling incidents and developments at MIT, including the following:

MIT's leadership has failed to condemn anti-Israel campus groups' endorsement of Hamas' tenorism against Israel. The day after the October 7, 2023, tenorist attack, Palestine @ MIT and MIT Coahtion Against Apartheid (CAA) issued a statement that they "hold the Israeli regime responsible for all unfolding violence" and "affam the right

2 Letter from Mark Gorenberg, Chair, MIT Corp., to MJT Community (Dec. 7, 2023), https://orgchart.mit.edu/letters/our-support-bur-president. 3 MIT Israel Alliance, Antisemitism at MJT at 25, https://docs.google.com/presentation/d/ I aj Hw IdMaSbTKOCOgQAgag VtHzva jhkq Pt307GbHn U ak/ed it#sl ide=id .g2a 0e7a894d0 2 8. 4 Id. 5 Id. at 24. 6 MIT Israel Alliance, supra note 3. 7 Statement, Talia Khan, President, MIT Israel Alliance (Dec. 5, 2023), https://www.congress.gov/118/meeti.ng/house/116625/documents/HHRG-l l 8-ED00-20231205-SD003.pdf. s Id. 9 Mauricio Karch.mer, Why I Quit My Dream Job at MIT, THE FREE PRESS (JAN. 9, 2024), https://www.thefp.com/p/res igned-m it-october-7-antisem itism.