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How the Holocaust is remembered in the land of Anne Frank
(JTA) — You’d think that in a country so closely identified with Anne Frank — perhaps the Holocaust’s best-known victim — cultivating memory of the genocide wouldn’t be a steep challenge.
That’s why a recent survey, suggesting what the authors called a “disturbing” lack of knowledge in the Netherlands about the Holocaust, set off alarm bells. “Survey shows lack of Holocaust awareness in the Netherlands,” wrote the Associated Press. “In the Netherlands, a majority do not know the Holocaust affected their country,” was the JTA headline. “The Holocaust is a myth, a quarter of Dutch younger generation agree,” per the Jerusalem Post.
“Survey after survey, we continue to witness a decline in Holocaust knowledge and awareness. Equally disturbing is the trend towards Holocaust denial and distortion,” Gideon Taylor, the president of the Conference of Jewish Material Claims Against Germany, which conducted the study, said in a statement.
Like other recent studies by Claims Conference, the latest survey has been challenged by some scholars, who say the sample size is small, or the survey is too blunt a tool for examining what a country’s residents do or don’t know about their history. Even one of the experts who conducted the survey chose to focus on the positive findings: “I am encouraged by the number of respondents to this survey that believe Holocaust education is important,” Emile Schrijver, the general director of Amsterdam’s Jewish Cultural Quarter, told JTA.
One of the scholars who says the survey doesn’t capture the subtleties of Holocaust education and commemoration in the Netherlands is Jazmine Contreras, an assistant professor of history at Goucher College in Maryland. Contreras studies the historical memory of the Holocaust and Second World War in Holland. In a Twitter thread earlier this week, she agreed with those who say that “the headline that’s being plastered everywhere exaggerates the idea that young people in NL know nothing about the Holocaust.”
At the same time, she notes that while the Netherlands takes Holocaust education and commemoration seriously, it has a long way to go in reckoning with a past that includes collaboration with the Nazis, postwar antisemitism, a small but vocal far right and a sense of national victimhood that often downplays the experience of Jews during the Shoah.
“It’s such a complex issue,” Contreras told me. “There’s no one answer to how the Holocaust is remembered in the Netherlands.”
Today is International Holocaust Remembrance Day, and I took the opportunity to speak with Contreras not only about Dutch memory, but how the Netherlands may serve as an example of how countries deal with Holocaust memory and the national stories they tell.
Our interview was edited for length and clarity.
Jewish Telegraphic Agency: Tell me a little bit about when you saw the survey, and perhaps how it didn’t mesh with what you know about the Netherlands?
Jazmine Contreras: My major problem is that every single outlet is picking up this story and running a headline like, “Youth in the Netherlands don’t even know the Holocaust happened there. They cannot tell you how many people were killed, how many were deported.” And I think that’s really problematic because it paints a really simplistic picture of Holocaust memory and Holocaust education in that country.
There are multiple programs, in Amsterdam, in other cities, in Westerbork, the former transit camp. They have an ongoing program that brings survivors and the second generation to colleges, to middle schools and primary schools all across the country. And they also have in Amsterdam a program called Oorlog in Mijn Buurt, “War in My Neighborhood,” and basically young people become the “memory bearers” — that’s the kind of language they use — and interview people who grew up and experience the war in their neighborhood, and then speak as if they were the person who experienced it, in the first person.
You also have events around the May 4 commemoration remembering the Dutch who died in war and in peacekeeping operations, and a program called Open Jewish Houses [when owners of formerly Jewish property open their homes to strangers to talk about the Jews who used to live there]. It’s really amazing: I’ve actually been able to visit these formerly Jewish homes and hear the stories. And, of course, the Anne Frank House has its own slew of programming, and teachers talk a lot about the Holocaust and take students to synagogues in places like Groningen, where they have a brand new exhibit at the synagogue. They are taking thousands at this point. The new National Holocaust Names Memorial is in the center of Amsterdam.
I think, again, this idea that children are growing up without having exposure to Holocaust memory, or knowledge of what happened in the Netherlands, is a bit skewed. I think we get into a dangerous area if we’re painting the country with a broad brush and saying nobody knows anything about the Holocaust.
Have you anecdotal evidence or seen studies of Dutch kids about whether they’re getting the education they need?
Anecdotally, yes. I was invited to attend a children’s commemoration that they do at the Hollandsche Schouwburg theater in Amsterdam, which is the former Dutch theater that was used as a major deportation site. And it’s children who put on a commemoration themselves. Again, not every child is participating in this, but if they’re not participating in the children’s commemoration, then they’re doing the “War in My Neighborhood” program, or they’re doing Open Jewish Houses, or they’re taking field trips. That’s pretty impressive to me, and it’s pretty meaningful. They want to help participate in it in the future. They want to come back because it leaves a lasting impression for them.
Let’s back up a bit. Anne Frank dominates everyone’s thinking about Holland and the Holocaust. And I guess the story that’s told is that she was protected by her neighbors until, of course, the Nazis proved too powerful, found her and sent her away. What’s right and what’s wrong about that narrative?
Don’t forget that Anne Frank was a German Jewish refugee who came to the Netherlands. And I think that part of the story is also really interesting and left out. She’s this Dutch icon, but she was a German Jewish refugee who came to the Netherlands, and the Dutch Jewish community was single-handedly responsible for funding, at Westerbork, what was first a refugee center. I think that’s really complicated because now we also have a discourse about present-day refugees and the Holocaust.
Jazmine Contreras, an assistant professor of history at Goucher College, specializes in Dutch Holocaust memory. (Courtesy)
I’ve also never quite understood the insistence on making her an icon when the end of the story is that she’s informed on and dies in a concentration camp. The idea that the Franks were hidden here fits really well into this idea of Dutch resistance and tolerance, and her diary often gets misquoted to kind of represent her as someone who had hope despite the fact that she was being persecuted. In the 1950s, her narrative gets adopted into the U.S., and we treat it as this globalizing human rights discourse.
We don’t talk about the fact that she’s found because she’s informed upon, and we don’t talk about the fact that you had non-Jewish civilians who were informers for a multitude of reasons, including ideological collaboration and their own financial gain.
And when it was talked about most recently, it was about a discredited book that named her betrayer as a Jew.
That was a huge controversy.
I get the sense from your writing that the story the Dutch tell about World War II is very incomplete, and that they haven’t fully reckoned with their collaboration under Nazi occupation even as they emphasize their own victimhood.
On the national state level, they have officially acknowledged not only the extensive collaboration, but the failure of both the government and the Crown to speak out on behalf of Dutch Jews. [In 2020, Prime Minister Mark Rutte formally apologized for how his kingdom’s wartime government failed its Jews, a first by a sitting prime minister.] Now, the question is, what’s happening in broader Dutch society?
Unfortunately, there was an increase in voting for the Dutch far right, although they’ve never managed to get a majority or even come close to it.
Something else that’s happening is that many ask, “Why should Dutch Jews get separate consideration after the Second World War, a separate victimhood, when we were all victimized?” The Netherlands is unique because it’s occupied for the entirety of the Second World War — 1940 to 1945. There is the civil service collaborating, right, but there’s no occupation government. So it’s not like Belgium. It’s not like France, not like Denmark. And there was the Hunger Winter of 1944-45 when 20,000 civilians perished due to famine. You have real victimhood, so people ask, “Why are the Jews so special? We all suffered.”
And at the same time, scholarship keeps emerging about the particular ways non-Jewish Dutch companies and individuals cooperated with the Nazis.
The NIOD Institute for War, Holocaust and Genocide Studies in Amsterdam, which has done so much of this research, found that Jews who were deported had to pay utility bills for when they weren’t living there. You have a huge controversy around the the Dutch railway [which said it would compensate hundreds of Holocaust victims for its role in shipping Jews to death camps]. The Dutch Red Cross apologized [in 2017 for failing to act to protect Jews during World War II], following the publication of a research paper on its inaction. A couple of decades ago, the government basically auctioned off paintings, jewelry and other Jewish possessions, and in 2020 they started the effort to give back pieces of art that were in Dutch museums. Dienke Hondius wrote a book on the cold reception given to survivors upon their return. Remco Ensel and Evelien Gans also wrote a book on postwar Jewish antisemitism.
So a lot has been happening, a lot of controversies, and, thanks to all of this research, a lot happening in order to rectify the situation.
It sounds like a mixed story, of resistance and collaboration, and of rewriting the past but also coming to terms with it.
There’s a really complex history here of both wanting to present it as “everybody’s a victim” and that the resistance was huge. In fact, the data shows 5% of the people were involved in resistance and 5% were collaborators. So it’s not like this wholesale collaboration or resistance was happening. It was only in 1943, when non-Jewish men were called up for labor service in Germany, that they got really good at hiding people and by then it was too late.
Right. My colleagues at JTA often note that the Nazis killed or deported more Dutch Jews per capita than anywhere in occupied Western Europe — of about 110,000 Jews deported, only a few thousand survived.
Yes, the highest percentage of deportation in Western Europe.
A room at the Anne Frank House museum where she and her family hid for two years during the Holocaust in Amsterdam, the Netherlands. (Photo Collection Anne Frank House)
Since this week is International Holocaust Remembrance Day, let me ask what Holland gets right and wrong compared to maybe some other European countries with either similar experiences or comparable experiences.
The framing of that question is difficult because there’s so many unique points about the Holocaust and the occupation in the Netherlands. Again, it was occupied for the entirety of 1940-45. You have a civil service that was willing to sign Aryan declarations. The queen, as head of a government in exile in London, is basically saying, “Do what you need to just to survive.”
One of the big problems is there are people like Geert Wilders [a contemporary right-wing Dutch lawmaker] who practice this kind of philo-Semitism and support of Israel, but it’s really about blaming the Muslim population for antisemitism and saying none of it is homegrown. They don’t have to talk about the fact that there was widespread antisemitism in the aftermath of the Holocaust.
In the Netherlands they’re not instituting laws around what you can and can’t say about the Holocaust like in Poland [where criticizing Polish collaboration has been criminalized]. There are so many amazing educational initiatives and nonprofit organizations that are doing the work. And even these public controversies ended up being outlets for the production of Holocaust memory when survivors, but mostly now the second and third generations, use that space to talk about their own family Holocaust history.
Tell me about your personal stake in this: How did the Holocaust become a subject of study for you?
I specialize in Dutch Holocaust memory. I’m not Jewish, but my grandparents on my mother’s side are Dutch. For my first project I looked at relationships between German soldiers and Dutch women during the war during the occupation, and I eventually kind of made my way into the post war, when these children of former collaborators were still very marginalized in Dutch society. It ties into this. I do interviews with members of the Jewish community, children of resistance members and children of collaborators and how these memory politics play out.
What is the utility of events like International Holocaust Remembrance Day and the major Holocaust memorials in educating the public about the Holocaust and World War II?
International Holocaust Remembrance Day and May 4 result in the production of new memories about the Holocaust and the Second World War. I was at the 2020 International Holocaust Remembrance Day commemoration when the prime minister formally apologized. It was a really big moment, and it allowed the Jewish community, and the Roma and Sinti community, a space to remember and to share in that and to speak to it as survivors and the second and third generation.
Unlike the United States, the Netherlands is a small, insular country, so the relationship between the public and the media and academics is so close. So in the weeks before and the weeks after these memorials, academics, politicians and experts are publishing pieces about memory. That’s useful to the production of new memories and information about the Holocaust.
But what about the other days of the year? Will putting a monument in the center of Amsterdam actually change how people understand the Holocaust? That is a question that I think is harder to answer. The new monument features individual names of 102,000 Jews and Roma and Sinti and visually gives you the scope of what the Holocaust looked like in the Netherlands. But does that matter if somebody lives outside of Amsterdam and they’re never going to see this monument?
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A British spy, a notorious murderer, the Indiana Jones of the insect world, and a very Jewish history
Jews are often thought of as urban, bookish folks who don’t venture out into the wild. But there have been plenty of Jews who break that mold — Abraham Cahan, founder of the Forward, was himself a birder. In To Life: Jews Exploring Nature, author Joel Greenberg, with Judith Winston, a research associate at the Smithsonian Marine Station in Florida, tells the life stories of a group of Jewish researchers, naturalists and environmentalists. I spoke with Greenberg, a research associate of the Field Museum and the Chicago Academy of Sciences Peggy Notebaert Nature Museum, book author and avid birder who lives in Westmont, IL, about the accomplished and often adventurous lives of the scientists he profiled. This conversation has been edited for length and clarity.
Countering the common perception of Jews as indoor cats, you found a group of Jews who spent their careers hunting spiders, skinning mammal specimens and handling snakes. Is the cliché inaccurate?
I cite Fran Lebowitz, who says that the outdoors is what you pass through when you go from your apartment to a cab. For a variety of reasons, Jews are kind of urban people. But when you have a literature that goes back 4000 years, you can find anything in it. You find people loving nature and people hating it.
Did your subjects’ Judaism play a role in drawing them to study the natural world?
There are threads that are well recognized in the Jewish world, though they certainly aren’t unique to it, that had an influence — like education being important, and supporting your children. But I picked people who manifested their Jewishness in different ways. Joan Ehrenfeld, an ecologist and environmentalist, was very Orthodox, and Judaism was very much part of the foundation of what she did. Whereas Philip Hershkovitz, a neotropical mammalogist at the Field Museum, kept it to himself to the point that his kids were shocked to learn that they were Jewish.
Andrew Spielman, who studied insect vectors of infectious disease, was known for arguing with people over individual words when they were writing papers. Longtime assistants said he approached these things almost like a Talmudic scholar.
Some of the people you profile have Hollywood-worthy life stories, starting with Aaron Aaronsohn. Can you tell a little bit about him?
He’s the person whose story goes back the farthest in time. His family left Europe to escape the pogroms, and settled in Palestine. He became totally intrigued by insects and plants, and became a real authority. On a trip to Germany, he met some world-famous botanists. They were interested in an ancient form of wheat called wild emmer, a single specimen of which had been found close to what is now the Syrian–Israeli border. They encouraged Aaronsohn to look for the plant because it might hold qualities that would increase the resilience and nutrition of modern wheat strains. He searched — and found it in a vineyard near the Golan Heights. It made him world-famous.
Just before the start of World War I, in which the Ottoman Empire sided with Germany, there was an infestation of desert locusts — billions of them. The Ottoman army commander said, ‘Who can help me with this?’ Everyone said, ‘Aaronsohn.’ So they brought in Aaronsohn. He and the team he assembled were allowed to go everywhere — to transportation hubs, to military bases. They became a spy ring, feeding the British the most detailed and accurate intelligence that was available.
Britain’s principal military goal was to take Jerusalem. The general there had failed twice. Then they brought in Field Marshal Edmund Allenby. He developed a rapport with Aaronson, followed his suggestions, and took Jerusalem in one try. What Aaronsohn did on behalf of the British was a major factor in Arthur Balfour issuing the British declaration in support of a national home for the Jewish people in Palestine. So it had an incredible impact on the world.
Another remarkable story, in a very different way, is that of Nathan Leopold. He and his friend Richard Loeb murdered a 14-year-old boy in 1924; but he was also a highly respected birder. Talk a little about your decision to include him.
I’ve long had an interest in him. Leopold is beyond understanding. He and Loeb committed a horrific crime. But he was one of the youngest people ever to be published in The Auk (now Ornithology), the country’s premier ornithological journal, when he was just under 14 years old. And he did important work on Kirtland’s warblers, a bird which back then was very poorly known. He was the first to correlate the rarity of the warbler with parasitism by brown-headed cowbirds. That knowledge might well have been a factor in saving the bird from extinction.
While he was in prison, he agreed to be injected with malaria, which during World War II was a big problem for US troops in Asia. When he was paroled to Puerto Rico, he got a master’s degree in public health and wrote Checklist of Birds of Puerto Rico and the Virgin Islands.
He did this terrible thing — but he also had incredibly broad interests and accomplishments.
You write about how antisemitism nearly derailed the career of Libbie Henrietta Hyman when she was at the University of Chicago.
She loved plants and wanted to do botany, so she entered UChicago’s botany program. But she was in a class that was being taught by a graduate student who was an ardent eugenicist who hated Jews, among other groups. He forced her out.
But she found a home in zoology, staying at the University of Chicago from undergraduate to doctorate and staying 15 years as a research assistant to her advisor. She authored two lab textbooks that sold enough copies for her to reach financial independence. She left Chicago and moved to New York, where she worked on her greatest accomplishment — a six-volume compendium called The Invertebrates. She worked out of an office at the American Museum of Natural History, and illustrated the volumes herself. They received world acclaim.
Several of these folks sound like Indiana Jones-level adventurers, spending months in jungles collecting specimens — like Andrew Spielman, a public health entomologist who studied insects that transmit human disease.
His daughter called him “Indiana Papa.” Once he was in Jamaica monitoring water-filled pots for mosquitoes, and he encountered this big guy who said, ‘You know what they call me? “Big Blade.’” He showed him his machete. Spielman had to flee. Another time he was in Ethiopia and he and a colleague went out at night looking for hippopotamuses, and they were surrounded by Ethiopian armed forces who thought they were spies. It got really heated, but fortunately, things calmed down.
Hershkovitz went on his last field trip to Brazil when he was 82 years old. I’m blown away by this. Another time he took his wife and their oldest daughter to Colombia for 18 months. They stayed in cities and he was out there in the hinterlands collecting specimens. His wife would write to him. She was totally supportive of him, but she wrote, “My dream is to move back to Chicago, go to the A&P, and have a good doctor and dentist.”
There were even dangers back home. At the Field Museum, herpetologist Hymen Marx witnessed an awful incident with a venomous snake.
Marlin Perkins at the Lincoln Park Zoo had received a bunch of snakes. He thought one of them was a boomslang, a venomous tree snake, but it didn’t quite match the pictures. So he had somebody drive the snake over to the Field so that Marx, herpetologist Karl Schmidt and the herpetology curator could look at it. They all handled it — but it bit Schmidt in the thumb. He died within two days. He refused medical assistance because he didn’t want to alter the symptoms. He kept a diary of the details; he wanted it to be scientific.
Witnessing that affected Marx greatly. It used to be that you could have live snakes at the Field; Marx used to walk around with a python around his neck and torso. But after that there could be no live snakes.
You yourself are a Jewish naturalist and birder. Is being Jewish connected to your passion for the natural world?
My family was pretty secular; I went to Hebrew school for one year. But when I was at the University of Arizona, a group of us birders went to this remote area in southern Mexico. We actually contributed to scientific knowledge: We obtained the first known chicks of the horned guan, and we discovered that the azure-rumped tanager, which was thought to be rare, in fact just had a very narrow elevational range.
It was Passover, and a friend in Tucson gave us a piece of matzo and some of the other elements. It wasn’t a full-fledged seder, but we did this little seder in a place where I’m sure there’s never been one before or since. It’s a part of me.
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Three simple rules for navigating a new season of protest against Israel
Spring. The season of graduations and protests.
A tenured professor and faculty chair at my alma mater, the University of Michigan, recently used the commencement stage to denounce Israel’s war in Gaza — remarks that drew applause from some as others experienced them as alienating and unwelcome. At New York’s Park East Synagogue, a group of masked, hate- spewing demonstrators waving Hezbollah flags while protesting the “Great Israeli Real Estate Event.”
If the settings of these incidents differ, one underlying question they raise remains the same: What are the ethics of protest? At what point does dissent deepen democratic life and moral accountability, and when does it begin to fray the trust, dignity and shared sense of belonging upon which a society depends?
While these tensions may be hard to resolve, I’d like to put forward three guiding principles for how best to engage on the subject of free expression in such a hot-zone climate.
Protest is essential
Protest is foundational to what it means to be both a Jew and an American.
Look to Abraham standing before God at Sodom and Gomorrah; Moses standing before Pharaoh; the prophets calling kings and nations to conscience; and Esther risking all for her people. All of their examples show that to be a Jew is to take note of the gap between the world as it is and as it ought to be, and then to summon the moral courage, communal will, and spiritual audacity to help close that gap.
Jews understand that to protest is a religious act. That’s why rabbis so often quote Abraham Joshua Heschel’s famous reflection after marching alongside Martin Luther King Jr. in Selma in 1965: “I felt my legs were praying.”
And as the United States turns 250 years old, it’s worth remembering that our country began with a protest movement. Since then, many of our country’s finest moments have emerged from moral protest — including the labor movement, the fight for women’s suffrage, and the Civil Rights Movement.
As Jews and as Americans, we are heirs to two traditions of protest.
So is self-interrogation
Where we draw the lines around acceptable protest says as much about us as it does about the protest itself.
A prime example of this: During my 25-plus years as a rabbi, no congregant has ever told me that the pulpit is no place for politics — so long as they agree with my politics.
I had little difficulty admiring the activist Greta Thunberg when she sailed across the Atlantic to raise awareness about climate change. I found it much more challenging to view her kindly when she joined a flotilla protesting Israel’s war in Gaza.
Similarly, the faculty speaker at Michigan’s commencement sounded pretty good when championing the university’s first Jewish faculty member and a curriculum more attentive to Black American history. It was only when he condemned Israel that many listeners, myself included, recoiled at his remarks.
None of us are the neutral arbiters of protest ethics we may imagine ourselves to be. Progressives who passionately defend buffer zones around abortion clinics but not around houses of worship should ask why one form of vulnerability warrants protection and another does not. Student activists who champion on-campus encampments protesting Israel’s actions in Gaza, but would never tolerate a white nationalist rally on campus, should ask where principle ends and preference begins. Conservatives who invoke the First Amendment to defend provocative speech they favor, yet denounce positions they dislike as treasonous or un-American, should examine where principle gives way to ideology. And activists who mobilize when civilians die in Gaza but remain deafeningly silent when tens of thousands of Iranians are murdered by their own regime must interrogate what moral framework governs that selective outrage.
Where we draw the lines — whom we applaud, what we excuse and what we denounce — reveals not only our principles, but also our loyalties, fears and tribal attachments. Moral seriousness requires the humility to examine ourselves before we protest — to check ourselves before we express ourselves.
Just because you can, doesn’t mean you should
As Jews, we believe in buffer zones — not just the kind debated at City Hall. The rabbis believed in moral buffer zones, a principle they referred to as living “lifnim mishurat hadin” — “beyond the strict line of the law.”
Rabbinic tradition in part explains the semi-somber period between Passover and Shavuot, in which we currently find ourselves, using precisely this idea. When 24,000 of Rabbi Akiva’s students died in one day, the Talmud teaches, they perished because they followed the letter of the law but failed to go beyond it and treat one another with respect — “kavod zeh lazeh.” They failed to embody the deeper demand of leadership: to live not merely according to what one is allowed to do, but by what one ought to do.
What might that mean for us today?
The answer: just because you have the legal right to express yourself doesn’t mean you should.
The Michigan commencement speaker may have been within his rights to voice his objections to Israel. But his decision to do so in that setting reflected a breathtaking failure of leadership, reminding us there is no direct correlation between tenure and wisdom, expertise and judgment. Like a teacher who hijacks a classroom to air political grievances under the guise of education, the speaker demonstrated an astonishing lack of discernment by alienating a sizable portion of the very students and families he was there to honor and congratulate.
Regarding the protests outside Park East Synagogue, the letter of the law may protect those who wave the flags of a terrorist organization, chant antisemitic slogans, or proclaim that the Jewish state itself should cease to exist. That such speech is protected does not mean it is right. It is, instead, intimidation masquerading as activism.
I was also deeply troubled by the response of New York Mayor Zohran Mamdani, who prefaced his condemnation of the protests by first denouncing the event itself. The mayor should have simply said: no house of worship should be targeted or intimidated, full stop.
To imply that the nature of the event somehow mitigated the harassment outside was not only irresponsible, offering moral cover for behavior that crossed the line from protest into menace, but also a troubling form of moral equivocation that shifted responsibility onto those being targeted — if not outright victim blaming. A peaceful protest calling for Palestinian self-determination alongside Jewish self-determination? As a liberal Zionist, that sounds like my kind of protest! But in an age in which there is a direct line between anti-Israel rhetoric and antisemitic violence, our mayor must do more than merely follow the letter of the law. True leadership begins where the letter of the law ends.
The issue is not whether dissent is permitted, but whether we are not losing the capacity for kavod zeh lazeh.
As the secular prophet of our time, Bruce Springsteen, has been reminding audiences across the country on his current tour: “America, from the beginning, was born out of disagreement. It was built on argument, on disagreement. We can argue about what course we thought the country should take while recognizing our common humanity, our dignity and, yes, our unity.”
Whatever our differences, the challenge before us is whether we can disagree without severing the ties that bind us — as Americans, Jews and human beings.
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Alleging conflicts, California judge boots Jewish DA from trying Stanford pro-Palestinian protesters
(JTA) — This story originally appeared in J. The Jewish News of Northern California.
Jewish groups in the Bay Area are protesting a judge’s removal of a local Jewish district attorney from a case involving pro-Palestinian protesters accused of vandalizing Stanford University’s president’s office.
The district attorney, Jeff Rosen, was disqualified from retrying a felony case against five protesters after the judge ruled that Rosen had crossed a legal line when suggesting in a campaign message that the protest was antisemitic.
“Rosen is allowed to take a strong stance against crime in the community, against antisemitism. But caution and care need to be taken when utilizing active litigation in campaign communication,” Judge Kelley Paul said from the bench.
The judge said Rosen had erred when publicly labeling the incident antisemitic when it was not charged as a hate crime.
“This case is not a hate crime,” Paul said. “The characterization of the prosecution as a fight against antisemitism runs afoul of case law.”
In an email to J. The Jewish News of Northern California, Rosen’s office wrote that while it “disagrees with the judge’s ruling, we respect it.”
In a joint statement, the Jewish Community Relations Council Bay Area and Jewish Silicon Valley wrote that they are “deeply troubled” by Paul’s decision and that the case “must proceed.”
“This decision uniquely targets minority prosecutors, suggesting they are incapable of pursuing justice in cases perceived to be impacting their own communities,” the statement says, adding that it “risks reinforcing longstanding antisemitic prejudices and invites future defendants to weaponize a prosecutor’s identity against them.”
The five protesters face felony vandalism and conspiracy counts stemming from a June 2024 protest in which 13 people broke into Stanford’s executive offices and caused an estimated $300,000 in damages. A jury deadlocked in February, splitting 9-3 on the vandalism count and 8-4 on conspiracy. Rosen quickly announced his plan to retry them.
The disqualification motion was filed by deputy public defender Avi Singh, who argued that Rosen had compromised his office’s neutrality by featuring the prosecution on a campaign fundraising page titled “DA Rosen Fighting Anti-Semitism,” alongside a donation button.
Singh argued that the fundraising campaign falsely implied that the defendants were antisemitic. None was charged with a hate crime.
Rosen, who has spoken publicly about his commitment to fighting antisemitism and supporting Israel, has denied any conflict of interest.
In her decision, Paul pointed to Rosen’s remarks in a March 2025 speech he gave for the San Jose Hillel, about a month before his office filed charges against the protesters. A video of the speech is linked on the “Fighting Anti-Semitism” page on his campaign website.
In the speech, Rosen equated antisemitism and “anti-Americanism,” a phrase that Deputy District Attorney Robert Baker also used to describe the conduct of the protesters during the trial’s closing arguments. Paul ruled that the similarities in the language disqualified the entire DA’s office from the case, not just Rosen.
In their own statement, the local Jewish groups suggested Rosen was being disqualified because he is Jewish.
“Generations of American Jews in positions of public trust have all too often been treated as suspect or inherently conflicted,” JCRC Bay Area and Jewish Silicon Valley said. “This decision risks reinforcing longstanding antisemitic prejudices and invites future defendants to weaponize a prosecutor’s identity against them, casting any public opposition to hate as grounds for disqualification.”
Rosen’s challenger in his June primary election, former prosecutor Daniel Chung, has turned the ruling into a campaign video. Chung called Rosen’s pursuit of the Stanford case “overzealous” and “a waste of time and money.”
“This is a humiliating loss for DA Rosen and his entire office,” Chung said in an Instagram video. “For years, millions of dollars have been spent trying to prosecute Stanford student protesters with felony charges.” Rosen’s actions, Chung said, “jeopardized the due process of the defendants” and “exemplifies the undermining of integrity, competence and compassion under DA Rosen for the last 16 years.”
The ruling hands the case to California’s attorney general, which will decide whether to retry the defendants — German Gonzalez, Maya Burke, Taylor McCann, Hunter Taylor-Black and Amy Zhai — or drop the charges.
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