A judge in Santa Clara County ordered a Jewish prosecutor to recuse himself from a case against anti-Israel student protesters at Stanford University after the prosecutor described the incident as antisemitic in campaign literature. 

District Attorney Jeff 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 last week from the bench. 

Rosen’s case against five anti-Israel protesters who occupied Stanford President Richard Saller’s office in June 2024 ended in a mistrial in February following a hung jury. He quickly announced plans for a retrial. 

But the defendants’ attorneys alleged that Rosen had a conflict of interest, which included utilizing the case on a campaign page titled “fighting antisemitism” and using the website — which includes a video of Rosen giving a speech at San Jose Hillel claiming “antisemitism is anti-American” — in a December fundraising email blast, The Stanford Daily reported. Rosen is seeking reelection to the district attorney’s office this November.

Referencing that video, Paul said that the lawsuit “is not a hate crime” and that Rosen had overstepped when framing it as such. 

The protesters, who barricaded themselves in a university building to demand divestment from companies linked to the Israel-Hamas war, face felony vandalism and conspiracy charges following the break-in that caused an estimated $300,000 in damages. They do not face hate crimes charges.