Flagged for Controversy: Deputy DA’s Regular Counter Protest against Pro Palestine Rally Puts Neutrality on Trial

As pro-Palestine activists, students, and community members are grappling with the implications of dozens of recent arrests made at Cal Poly Humboldt last week, the District Attorney’s office faces increased pressure to take action—not due to those arrests, but because one of their own, Deputy DA Roger Rees, has not only been a vocal protester in favor of Israel’s bombardment of Gaza but, in addition for displaying a large Israeli flag inside window of his 4th floor District Attorney’s office which is inside the Humboldt County courthouse. The flag is visible from 4th 5th Street which is part of Hwy 101.

This scrutiny intensifies as the District Attorney’s office begins prosecuting the pro-Palestine protesters, who have been regularly opposed by Deputy DA Rees. He has confronted their weekly protests with his own counter-protests, marked by a controversial sign and verbal altercations, often joined by confrontational pro-Israel counter protesters as he waves an Israeli flag, and has even reportedly called law enforcement against them for allegedly brushing passersby with their flags.

Some community members have reacted with frustration. They argue that Rees’ public demonstrations and the visible placement of a foreign flag at his workplace compromise the neutrality expected of his position. But others argue that he didn’t give up the right to express his opinion just because he works for the government. As tensions escalate, both inside and outside the courthouse, calls for an impartial review of Rees’ conduct and the handling of the protest cases are growing.

Prior to any hint of the Cal Poly Occupation that took the community by surprise, we had already interviewed First Amendment rights expert Chessie Thacher, Senior Staff Attorney at the American Civil Liberties Union of Northern California for clarification on the do’s and don’ts of political free speech, and the possible implications of Rees’ flag display, as well as his political protesting activities. Clarifying that Rees’ right to free speech is protected by the First Amendment as long as it is expressed “lawfully and on their personal time,” however, Thacher noted that due to his position of influence within the county’s courthouse, Rees is held to a slightly different standard when it comes to expression of personal opinions.

Deputy DA Rees counter protesting in a crowd of Pro Palestinian demonstrators at the the Humboldt County Courthouse. 

ACLU Attorney Chessie Thacher pointed out that although a person in Rees’ position as a county employee certainly has the right to protest and express his political speech as an individual, the Deputy District Attorney holds a greater deal of power in the community, and therefore is burdened with a greater responsibility to remain professionally objective. The American Civil Liberties Union lawyer told us, “A government official should take pains to separate out that they’re speaking on behalf of themselves the person, not official in their official capacity.”

After a thorough review of correspondence from within the courthouse, it appears that the Humboldt County District Attorney’s office and the County Administrator’s Office have allowed Rees’ Israeli flag to be publicly displayed for months, despite what appears to be county employee policy barring such items and actions, and in spite of numerous public complaints and formal inquiries as to why.

Several community members, both on and off the record, have expressed concerns about the flag displayed in the window of the Humboldt County District Attorney’s office. They believe that this act appears to publicly endorse the stance of a foreign nation, especially during a politically sensitive period.

Notably, the actions of this nation have been characterized as genocide by a significant number of international agencies and countries, adding to the controversy surrounding the flag’s display.

Nor Cal ACLU’s Senior Staff Attorney Chessie Thacher told us that hypothetically, at the time of the interview in mid April – prior to any arrests related to the Cal Poly occupation- in regard to the potential for conflicts of interest to crop up weigh in the courthouse, “if the DA was prosecuting the people across the street for [violations related to protesting and right to assemble such as possibly] creating a public nuisance, obviously, that may then create a conflict of interest, and I think people would be suspect of some of …that prosecution, or if someone had engaged in pro Palestinian speech or were identified as a person of Palestinian origin, you could see that there might be ripples of complications.” She added that the existence of any conflict of interest on the Deputy District Attorney’s (DDA) part related to his stance on Israel or Palestine would need to be assessed on a “case by case basis” if and when any potential conflict should arise.

The civil rights attorney explained that the DA has a special obligation to remain unbiased in the eyes of the public due to their responsibility to maintain the public trust, and should be taking “pains” to avoid any potential conflicts of interest in how they handle cases “with any of the subject matter people who are protesting… Or expressing a different viewpoint.”

Alice Finen – a local teacher who was arrested at Cal Poly Humboldt during the first night of the student led sit-in protest which occupied the University’s President’s office within Siemens Hall at the center of campus – was outspoken prior to her arrest, in her belief that DA Rees’ ongoing protesting activities were out of line.

Finen explained via phone in April that she was concerned about Rees’ actions which she posited could ultimately prove harmful to the community, not knowing she herself would later be faced with the uncertainty of prosecution by Deputy DA Rees for trespassing and resisting an officer Monday April 22 at Cal Poly Humboldt, when local police attempted to remove protesters  as they prepared for an overnight sit-in action on campus.

Finen explained in that interview that she thought Deputy District Attorney Rees was neglecting his professional responsibility. Finen told us that she felt by keeping the Israeli flag in his window he was creating distrust among the public not just for him but for those in the courthouse as a whole. In that interview prior to the Cal Poly student-led occupation, as to DA Rees’ office window flag display, she said, “[B]y hanging that flag in the window of the courthouse- that’s not fair and equal.”

Nor Cal ACLU’s Senior Staff Attorney Chessie Thacher was clear on the rights of any county employee including those within the courthouse and in the Da’s office to speak their opinion. The civil rights attorney did have some concern of the manner and implications that could potentially arise related to such activism on the part of a local prosecutor, saying, “The DA, like most government officials, has the right to protest in a lawful peaceful manner on his personal time, so long as he does not hold themselves out as a representative the DA’s office during such protests, and that also, one would want to be vigilant about how the DA may be interacting in a prosecutorial manner in his cases with any of the subject matter or people who are protesting… or are expressing a different viewpoint.”

According to the criminal case matrix which assigns pending cases to various prosecutors under the umbrella of the DA’s office, the county explained in response to a RPA request by Shannon Townsend-Bettis, “Deputy District Attorney Roger Rees’ current case assignment is all serious and violent felonies whose last name begin… with the letter A through J.” By our best estimation, there are at least a dozen last names who have been charged with misdemeanor offenses related to pro-Palestine activism at Cal Poly Humboldt whose last names fit in those parameters. However, so far no felonies have been charged.

Although it appears unlikely that DA Rees will be the assigned prosecutor for those cases from Cal Poly due to their misdemeanor nature, it remains to be seen how the DA’s office will handle the influx of these cases from the pro-Palestine campus protest. Finen has declined to offer any further comment in light of the pending charges against her and per recent legal advice, but noted that as she prepares to fight the case against her, that her concerns related to the DA’s office ability to impartially deliver justice have not lessened.

Reflecting on the District Attorney Office’s mission statement which she found on their website, Finen noted, “They’re not protecting the rights of the innocent. They’re not protecting the rights of the community by having that flag in the window.”

Courthouse Objectivity Marred By Foreign Flag Display, Say Some

ACLU attorney Thacher said, “To have something that expresses a highly contested viewpoint, facing the street, …could give the impression that the DA’s Office approves of pro-Israel speech at the expense of other speech, because that [could give the impression of having] its thumb on the scale of expressing a viewpoint.” She added, “I think that a court could look at those facts and find that to be quite problematic under the First Amendment.” 

Thacher, a 1st Amendment expert, explained, “The placement of a flag in a public-facing office window of a county courthouse that the public can see, is problematic because it can give the impression that the county itself is endorsing a political viewpoint.” She noted,, “By contrast… This is not simply private office décor to which the law affords more latitude,” because it is in a public-facing window as opposed to on an interior wall where it would only be observed by a person inside the private office. 

[Videos and interviews by Ryan Hutson at Humboldt Freelance Reporting]

Shannon Townsend-Bettis has been a bit of a thorn in the side of county administrators and Human Resources personnel. She says she has been motivated to by her concerns of impartiality on the part of the Deputy DA.
The county courthouse building houses not only the local judicial system alongside the District Attorney’s office

, but the Board of Supervisors and County Administrator’s offices as well, which oversee county policy which is outlined in “Displays, Handouts… .”

Townsend-Bettis told us she felt strongly that the flag displayed in the public facing office window of Deputy District Attorney Rees was not only a violation of county policy, but that it also violated the national flag code due to its positioning on a government building. She pointed out that “the display of the flag of a foreign nation at a location superior to the United States Flag at the Humboldt County courthouse, a government building, is a violation of the US Flag Code section 7(c).”

Determined to see the Israel flag removed from the county courthouse window at the DA’s office, Townsend-Bettis has filed a formal complaint with the county, detailing her concerns. She believes that this may have triggered an investigation internally, and is awaiting further information from the HR department related to processing her complaint. 

Besides flag code issues, there are limits to the freedoms that government employees like attorneys, judges, and elected officials can enjoy. According to the 2006 Garcetti v. Ceballos case, while these employees retain some First Amendment rights, they must accept certain restrictions. These limitations help ensure that government services, such as those provided in courthouses, remain neutral and unbiased.

ACLU’s Thacher elaborated on the nuanced matter of public speech by a government entity versus a private individuals’ political speech, further explaining the difference saying, “you have these personal free expression rights, as long as you take pains to make them be your personal views, not the government.” 

At the time this article was published, the Israeli flag belonging to Deputy DA Roger Rees was still displayed in the window of the county courthouse.

Last Tuesday, Rees protested opposite a large gathering of students and community members who were awaiting the release of individuals arrested during the April 29-30 police operation. This operation led to 32 people from Cal Poly Humboldt being taken to the county jail, charged with unlawful assembly and trespassing.

Shannon Townsend-Bettis explained in an interview that she is not only bothered by DDA Rees’ public endorsement of the State of Israel’s current military offensive against Gaza, but is “disturbed” by his ongoing counter-protesting activities, which she says reflect directly on the county’s District Attorney’s Office which bears the responsibility of assessing crimes for prosecution in order to keep the community safe. 

In an interview prior to the Cal Poly Humboldt arrests related to protesting for Palestine, Townsend-Bettis told us, “He is a disgrace to law enforcement officials,”  she said as she explained her respect for law enforcement, recognizing the often difficult jobs they are tasked with. As to Rees’ counter-protesting opposite the Humboldt For Palestine group each week, “I think it’s not okay,” she told us. “It’s a pattern of behavior that seems to be escalating and it seems to be abusing his privilege and his access to the law enforcement community. Yeah, and that is what is extremely concerning.” 

Several individuals who we have spoken with off the record (some granted anonymity here because of their  concern for backlash at school, work, or in the judicial system) agree with statements made publicly by Townsend-Bettis, who has brought the issue directly to the attention of state Senator Mike McGuire, as well as Eureka City Council officials, the county Board of Supervisors members, and the county HR department in her efforts to get direct clarification from the DA’s office. 

A recent May 3 Letter to the Editor written by Townsend-Bettis directed concerns about Rees’ perceived bias related to his personal activism and a call to law enforcement wherein he alleged some level of violence to have occurred.  Townsend-Bettis held elected DA Eads responsible for Rees’ behavior. The frustrated community member wrote in part, “Back in December, I wrote you a letter expressing my deep concern about DA Roger Rees and his actions exhibiting partiality and bias on the issue of Israel and Palestine. I received no response or observed any change in his behavior.” 

Townsend-Bettis continued, “In fact, his behavior has continued to escalate and become more threatening,” citing an instance where she believes Rees called local police to respond to the courthouse during a protest in which it was complained that a protester’s flag had waved too aggressively, resulting in a developing fight between protesters and counter-protesters. 

An email November 30th from Zachary O’Hanen, Director of Human Resources to District Attorney Stacy Eads reads, “We have continued to hear concerns about this flag so I took a walk and saw that it is still up. I wanted to check in to see… [redacted]… .”

HR’s later reply to Eads indicates that the matter was relayed to Rees, reading in part, “Thank you for the info and thank you for relaying this to the employee quickly. Our recommendations would be as follows, but of course this is your office and staff so you direct them as you see fit.” The email thread contains large portions of redacted content. 

After weeks had passed with the flag remaining in Rees’ window, additional complaints were received, generating a further inquiry to the Human Resources department from the County Administrator’s Office, which is authorized to approve any special requests for displays by county employees.  CAO Hayes clarifies in the February 7th email to HR, “My position remains that this needs to be removed…” indicating that something related would be forwarded to the DA, “sooner rather than later.”

DDA Rees’s  participation in counter-protests against pro-Palestine activists has also drawn attention to the potential impact on fair legal proceedings related to prosecution of recently arrested protesters, some argue. Concerns have been raised about the prosecutor’s ability to remain impartial when handling cases involving individuals with opposing political views, leading to questions about the integrity of the legal process and the protection of individuals’ rights.

As pointed out by the ACLU attorney Thacher, so long as Rees is protesting on his personal time, apart from county property in accordance with county policy, “I believe that that meets the First Amendment…That is within his first amendment right.” 

During the interview back on the December 11th “Strike for Palestine” protest at the courthouse which saw Rees standing in close proximity to pro-peace activists who were holding ceasefire messages scrawled on cardboard sighs, while he – in opposition to their ceasefire message – held a large, double-sided sign (which he later explained) was intended to convey what he considered to be the true sentiments of the protesters, Finen said, “I think too, …the DA, …they’re supposed to protect and support victims of crime, and I feel like with his signs, you know, about “it’s okay to rape them, they’re Jews” …it goes against what they are attempting to do [at the DA’s office] and whether or not he believes what that sign said,  putting it on a sign and standing in front of the courthouse in that way is, is just an unbelievable miscarriage of justice.”

Struggling to find the words, Finen said, “How could anybody who has been assaulted, after seeing that, feel safe going to court and speaking… it’s just, it’s unbelievable. It’s unbelievable.”

Rees explained in response to questions regarding his sign, and his attribution of those inflammatory statements to peaceful protesters that day on the courthouse sidewalk, that the regular protesters who he stands opposite each Friday, “would not deny those words.”

It is important to note that the original claim which asserted that 40 infants had been beheaded by Hamas militants, has been debunked by several reputable media outlets including Le Monde from France, which clarified in an Article on April 3, “there were never 40 decapitated babies.”  This investigative reporting and fact-checking on the matter is bolstered by several other news reports confirming the same. 

PERCEPTION OF BIAS AT THE COURTHOUSE

Humboldt For Palestine’s standing ceasefire rally now spans more than six months, recurring each Friday at the courthouse. Organized by a local advocacy group made up of students and community members, Humboldt For Palestine rallies have consistently had one dedicated counter protester in Deputy District Attorney Roger Rees. 

From an attorney’s perspective, Thacher explained that in regard to the DA’s flag display, and his associated political protesting each week, that whenever the public is “not sure of who the speaker is”, she said, then the public “should have an antenna up,” and explained that the public’s ability to be confident about who their courthouse represents is  a big deal.  

Thacher said in regard to free speech rights in this context, “if the speaker is the government, then the government has to use its speech very responsibly, to not embrace a certain viewpoint or must be content neutral. If it’s the public’s voice, then you look at it slightly differently, but the government has to hold itself to pretty high standards to not give the public a sense that it’s biased in some way.”

While District Attorney Rees does have a First Amendment right to free speech on his personal time like any other county employee or private citizen, he is obligated to clearly separate personal protesting from the county, explained by ACLU’s Chessie Thacher. “No political activity whatsoever is to take place on County time or County premises,” as outlined in the County of Humboldt Policy Statement Regarding The Political Activities of County Employees, which govern the protest activities of county workers, including those within the District Attorney’s Office. 

Request for comment was not returned from the office of the County Administrator, Eilisha Hayes regarding its stance on the flag or related activism by DDA Rees. The Human Resources office, having received several email, calls and other forms of complaint from community member on the topic of Rees’ flag, or related to his activism outside the courthouse has also declined to provide any feedback in response to our request for comment as to any possible violation of county display policy which governs political expression on the job.

Elected District Attorney Stacey Eads did respond simply to confirm that she was aware of responsive documents being made available via the county’s Next Request public information request system, adding, “I am not in a position to respond further,” and she did not reply to a subsequent email asking for clarification on Rees’ Israeli Flag display, or any concerns as to potential ethical violations related to his expression of political views. 

Because Townsend-Bettis and at least one local elected official have been in contact with our State Senator Mike McGuire regarding concerns about DA Rees and his publicly perceived bias towards Israel and against community activists connected to developing the Free Palestine student-led movement, McGuire’s office was contacted for comment, but has not replied to that request.

In the interest of transparency, this reporter also works as a Legal Assistant in Humboldt County, primarily in family law. You can find related interviews and protest coverage at Humboldt Freelance Reporting on YouTube.  

Please reach out to [email protected] or [email protected] if you have feedback or a related story you want us to know about. 

Earlier:

• Letter Writer Questions Deputy DA’s Behavior at Recent Protests
• Friday Pro Gaza Rally at Courthouse Meets With Controversial Counter Protest
• Letter Writer Concerned about What She Characterizes as Deputy DA Roger Rees’ Bias