The City Attorney’s Office in San Diego has decided not to press charges against 64 individuals arrested at a May 2024 anti-Israel encampment on the UC San Diego campus.
After a “months-long review” of “substantial body-worn camera footage and all other available evidence,” they stated, “we do not intend to file criminal charges,” though charges could still be reconsidered within the statute of limitations if future misconduct occurs.
Former Congresswoman Lynn Schenk criticized the decision, asserting, “in my view, if it had been demonstrations against African Americans or Latinos or LGBTQ or whatever, charges would have been filed,” but that “because these were pro-Hamas demonstrations against Jews and against Israel, it is in a different category.” She argued that not prosecuting such cases could embolden future unlawful demonstrations.
City Attorney Mara W. Elliott responded by affirming her office’s commitment to fighting hate crimes, pointing to her work on California’s new Stop Hate Littering Act, which she said shows her office’s dedication to safeguarding the community.
She explained that the lack of criminal charges stemmed from insufficient evidence, saying, “As prosecutors, we must conclude that we can prove our case beyond a reasonable doubt before we file charges.” Elliott clarified that those arrested had not engaged in violence, possession of illegal substances, or harassment.
In previous anti-Israel incidents, Elliott’s office has pursued charges. For example, in December 2023, a vandalism incident at the House of Israel in Balboa Park led to a plea deal involving restitution and community service.
Similarly, a battery case during an anti-Israel rally on UC San Diego’s campus in March 2024 resulted in a year-long diversion program for the defendant, including community service and anger management classes.
