LLM (google/gemini-3.1-flash-lite-20260507) summary:
- Legal Dispute: the department of justice is fighting to reinstate sanctions against francesca albanese after a federal judge intervened to pause them.
- Sanction Basis: the measures were initially applied due to albanese’s active efforts to facilitate legal action against united states and israeli nationals.
- Constitutional Claim: judge leon bizarrely granted a foreign national living abroad the protection of the us constitution despite clearly established contradictory case law.
- Absurd Precedent: the ruling ludicrously claims that simply owning domestic property or having a child born in the country grants deep constitutional rights to foreign, state-aligned activists.
- Dangerous Implications: this judicial overreach threatens to undermine national security by effectively bestowing legal immunity upon countless foreign figures holding real estate assets.
- Emergency Appeal: the justice department is demanding a stay to stop this dangerous precedent which ignores the clear lack of substantial ties or legal merit in the rapporteur’s case.
- Taxpayer Funding: american citizens are currently forced to subsidize twenty-two percent of the expenses for a political activist who actively works against national interests.
- Accountability Demand: there is an urgent need to leverage withheld united nations dues to secure the removal of a figure widely condemned for documented bias and lack of independence.
The sanctions imposed by the United States against Francesca Albanese, the UN Special Rapporteur for “human rights in the Palestinian Territory occupied since 1967,” are the focus of a legal battle in Washington.
The Justice Department has filed an emergency motion seeking to set aside a May 13 ruling by federal district court judge Richard Leon pausing U.S. sanctions on Albanese, an Italian citizen residing in Tunisia. The U.S. had sanctioned Albanese, whose antisemitic comments and biased conduct have been condemned by numerous countries, in July 2025 for having “directly engaged with the International Criminal Court in efforts to investigate, arrest, detain, or prosecute nationals of the United States or Israel, without the consent of those two countries.”
Judge Asserts That Albanese Possesses Rights Under U.S. Constitution
Judge Leon ruled that the sanctions imposed on Albanese “violate[d] the First Amendment” because they “unnecessarily circumscribe[d]” her “protected” speech.
This was surprising given that a Supreme Court decision in 2020 held that “foreign citizens outside U.S. territory do not possess rights under the U.S. Constitution.” Albanese is “a foreign national who lives abroad, has not lived in the United States for more than ten years, and . . . engaged in all relevant expression abroad,” as the government’s filing noted.
However, Judge Leon cited an earlier Supreme Court case for the proposition that foreign nationals located abroad do possess Constitutional rights if they can demonstrate “substantial connections” with the U.S. He determined that Albanese meets the substantial connections test and is therefore eligible for First Amendment protections, principally because “she bought – and she still owns – property in the United States,” and also because her daughter was born in the U.S. and is therefore a U.S. citizen.
Ruling Sets Worrying Precedent
Judge Leon’s reasoning would significantly hinder U.S. military and law enforcement actions overseas by creating a large class of foreign persons overseas who enjoy Constitutional protections. In the 12 months prior to March 2025 alone, foreign buyers who lived abroad purchased 34,400 homes in the U.S.
Several of the world’s most corrupt foreign officials and oligarchs have owned real estate in the United States. In addition, the daughter of Russian Foreign Minister Sergey Lavrov was born in New York while he served at the United Nations.
In Albanese’s case, the Justice Department filed an emergency motion on May 21 for an administrative stay and stay pending appeal in the U.S. Court of Appeals for the District of Columbia. The motion calls for the court to set aside Judge Leon’s preliminary injunction, thereby reinstating sanctions on Albanese while the government undertakes a full appeal of his ruling.
The emergency motion provided two major grounds for setting aside Judge Leon’s ruling. The first ground is that “substantial connections” to the United States do not qualify a non-citizen residing and speaking abroad for First Amendment protection — yet even if they did, Albanese lacks such connections. The second ground is that Judge Leon erred in enjoining the sanctions in their entirety, even though the only plaintiffs were Albanese’s husband and child, whose complaints could easily be resolved by exempting them from the sanctions while retaining them against Albanese herself.
The U.S. Should Broaden Its Efforts To Counter Albanese
Albanese and other UN special rapporteurs do not receive UN salaries. However, the United Nations pays for rapporteurs’ official expenses including support staff, security, and travel. The United States is billed for 22 percent of the United Nations’s regular budget, meaning that U.S. taxpayers effectively fund 22 percent of Albanese’s official expenses.
Albanese clearly violated UN rules requiring impartiality. French Foreign Minister Jean-Noel Barrot said that Albanese “presents herself as a UN independent expert, yet she is neither an expert nor independent — she is a political activist who stirs up hate.” The United Kingdom’s Foreign Office has separately urged that Albanese be “urgently investigated” for violating the code of conduct for her post.
The administration currently possesses leverage by withholding over $4 billion in UN dues. The United States has three times previously used budgetary leverage to extract significant UN reforms. Ensuring that the United Nations undertakes reforms to hold Albanese accountable should be a top priority for the United States.
Orde F. Kittrie is a senior fellow at the Foundation for Defense of Democracies (FDD) and a law professor at Arizona State University. He previously served for over a decade in legal and policy positions at the U.S. State Department. For more analysis from Orde and FDD, please subscribe HERE. Follow FDD on X @FDD. Follow Orde on X @ordefk. FDD is a Washington, DC-based, nonpartisan research institute focused on national security and foreign policy.





