On Thursday, March 19, 2026, The Mercury News reported that Santa Clara County Judge Kelley Paul is considering whether to remove District Attorney Jeff Rosen and his office from a felony vandalism retrial involving five pro-Palestinian activists.

Deputy Public Defender Avi Singh, representing defendant German Gonzalez, filed a motion on February 25, arguing that Rosen used the high-profile prosecution to solicit campaign donations. Singh accused Rosen of “monetizing criminal prosecution,” noting that Rosen highlighted the case on his campaign website alongside donation buttons and on a page titled “DA Rosen Fighting Anti-Semitism.” Singh argued that Rosen was essentially raising money by trading off a prosecution.

The defense has also requested the court to require prosecutors to disclose additional records, including details about a fundraising appeal sent to over 600 Los Angeles County donors that referenced the case and information about when Rosen’s campaign website was created. Defense attorneys aim to determine whether Rosen’s fundraising influenced specific decisions, including a motion to bar the use of the word “genocide” at trial and the decision to immediately announce he would retry the case after the mistrial. All defendants, including those who accepted plea deals or entered diversion programs, have joined the petition to remove Rosen.

Deputy District Attorney Rob Baker argued that the office does not possess the records sought by the defense, including the donor list, fundraising speech notes, or a financial breakdown from a December fundraiser. Baker stated that campaign donation records are publicly accessible and that the defense had weeks to obtain them through proper channels. He also asserted that the DA’s office and Rosen’s campaign are legally separate entities, noting that the office had already provided emails between a senior prosecutor and the campaign manager.

The case originates from a June 2024 demonstration in which protesters briefly occupied Stanford University’s executive offices, advocating for the school to divest from companies linked to Israel over the war in Gaza. University officials estimated the damages caused by the demonstrators at approximately $300,000. A mistrial was declared on February 13 after jurors were unable to reach a unanimous verdict on the conspiracy and vandalism charges.

The prosecution is among the most serious criminal cases nationwide connected to the wave of pro-Palestinian campus protests in 2024. Similar cases at Columbia University, the University of Michigan, and UCLA were either dismissed or never pursued criminally. The case has underscored how deeply divided views over the war in Gaza have complicated court proceedings, with attorneys clashing over whether political views should influence jury selection, defense arguments, or witness testimony.

If the motion to recuse the district attorney is granted, it would be a rare occurrence in Santa Clara County for an entire DA’s office to be removed from a case. The attorney general would then decide whether to assume the prosecution or dismiss the charges.

 

 

Source: The Mercury News