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Attorneys for Golden Gate Bridge Protesters Demand DA’s Recusal, Alleging Pro-Israel Bias

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Demonstrators shut down the southbound lanes of I-880 on the morning of April 15, 2024, in West Oakland. The protesters, engaging in an economic blockade in solidarity with Palestine, marched from the West Oakland BART Station to the freeway. (Beth LaBerge/KQED)

Lawyers for the 26 people charged in connection with a pro-Palestinian protest that blocked the Golden Gate Bridge in April are calling on the district attorney to recuse herself from the case, alleging a conflict of interest and a “pattern of anti-Palestinian and anti-Arab racism” in her office.

The protesters, known to their supporters as the Golden Gate 26, each face more than 40 counts, including felonies for eight defendants. Their defense team alleges that the charges are politically motivated.

In a letter sent via email on Tuesday to District Attorney Brooke Jenkins, the defense team accused prosecutors of overcharging the protesters with false imprisonment and conspiracy charges, noting that past Bay Area bridge protests that blocked traffic “were handled as infractions and/or ultimately dismissed.”

The letter cites potential conflicts of interest, saying Jenkins “had at least two unpublicized meetings with the Israeli Consulate” in February and December last year.

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Jeff Wozniak, an attorney for the protesters, said he and the legal team looked into Jenkins’ office after feeling that the case was overcharged.

“Jenkins met with the Israeli Consulate in December. It was a meeting that was not on Jenkins’ public calendar. The only reason we know about it is because of wine that was gifted to her during that meeting,” he said. “We don’t know who was in the meeting. We don’t know what was discussed.”

The wine totaled $17.49 and was received on Dec. 12, according to a statement of economic interests filed by the district attorney’s office. Days later, 80 protesters were charged with five misdemeanors each in connection with a protest that blocked the Bay Bridge in November.

The office also reported a $60 gift of wine from the Israeli Consulate in February 2023.

Wozniak said he believes the charges could have something to do with bias in Jenkins’ office after she allegedly met with the Israeli Consulate in December.

The letter to her office also cites potential conflicts among members of her staff, including that her director of public affairs previously worked for the American Israel Public Affairs Committee, a major pro-Israel lobbying group.

Additionally, it points to emails from Assistant District Attorney Michael Menesini, revealed in February by the San Francisco Standard, that described Palestinians as “brutal Arab invaders,” “hate mongers,” and “Nazis” who need to be “sent back to their native homelands.” The district attorney’s office said at the time that Menesini’s communications reflected his “personal views,” and he quietly retired in April, the Standard reported.

The district attorney’s office said in a statement that a meeting with consular staff “does not create a real or apparent conflict of interest” and added that Jenkins’ office meets periodically with consulates for “discussions around [the] safety of consulates, consulate staff and their citizen populations.” The statement does not say whether Jenkins met with Israeli consular staff around the dates of the gifts or what she discussed if they did meet.

San Francisco District Attorney Brooke Jenkins speaks during a press conference at City Hall on July 7, 2022. On Tuesday, lawyers for the “Golden Gate Bridge 26” called on Jenkins to recuse herself from the case, alleging a conflict of interest and a “pattern of anti-Palestinian and anti-Arab racism” in her office. (Beth LaBerge/KQED)

“If the defense files a recusal motion, we will litigate that in court, not in the press,” the statement continues.

The office’s statement also rejects the notion that the charges levied against the Golden Gate Bridge protesters are “political,” as Wozniak and the defense team have suggested.

“Charging decisions are made based on the facts, evidence and the law,” the office said. “We do not pursue political prosecutions under any circumstances at any time.”

In cases where there is a real or apparent conflict of interest, the office takes steps, including recusing specific staff, up to and including the district attorney or the office as needed, the statement said.

Wozniak said the defense team plans to file motions for vindictive prosecution, discriminatory prosecution and recusal.

“Jenkins should recuse herself. The attorney general should take over the case,” he told KQED. “And I think the attorney general, when they review this case, will see that it’s completely and utterly overcharged. This is a political prosecution.”

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