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The four women charged with vandalizing the Elbit Systems facility in Merrimack last year may not go to trial.

Calla Walsh, Sophie Ross, Bridget Shergalis, and Paige Belanger are all scheduled for criminal mediation instead of jury trial, according to records filed in Hillsborough Superior Court — South in Nashua. The suspects targeted the Elbit facility because its parent company is based in Israel and is a major military contractor for the Jewish State.

The mediation session set for Sept. 18 will let lawyers for the women and prosecutors with the New Hampshire Attorney General’s Civil Rights Unit work out a possible plea deal to resolve the case. Criminal mediation involves both parties working with a neutral judge to come to an agreement that includes some form of restitution for the victim.

Mediation does not guarantee a plea bargain will be reached. After the judge hears from both sides, he or she will issue an order laying a proposed agreement. Neither side is bound to accept the terms of the mediation judge’s order and the case can still move to trial at that point, or there can be continued plea negotiations.

For example, former Strafford County Sheriff Mark Brave is scheduled for an August trial on his theft and perjury charges after failed plea negotiations and a rejected mediation order. Court records indicate Brave’s lawyer is continuing to seek a plea in that case as prosecutors contemplate bringing more charges.

Elbit has been repeatedly targeted by Palestinian Action US, an anti-Israel group first started in the United Kingdom and stepped up activities in the days after the deadly Oct. 7 Hamas attack on Israel. Hamas terrorists murdered at least 1,200 people that day, and hundreds more raped and taken hostage. 

Walsh allegedly led the PA US team that included Shergalis, Ross, and Belanger in the action on the Elbit facility on Daniel Webster Highway in Merrimack on Nov. 20. The group allegedly smashed windows, sprayed graffiti, and climbed to the roof where they set off smoke bombs and tried to break into the HVAC system, according to police reports.

The women have known ties to a Marxist commune and the commune’s wealthy founder, James “Fergie” Chambers, who has been reported as a founding member of PA US, though he denies he has a leadership role.

NHJournal reported the FBI has been looking into Chambers and PA US. It is not known if the investigation remains open at this time.

Walsh is active in the anti-Israel “Boycott/Divest/Sanction (BDS) movement, which many critics say is antisemitic due to its sole focus on the Jewish State. More problematic is Walsh’s involvement in the so-called “Boston Mapping Project,” which created an interactive map identifying places where Jews tend to congregate as well as the locations of Jewish community organizations in Massachusetts. The map included locations of Jewish daycares and schools.

According to the Anti-Defamation League, the Mapping Project identifies Jewish communal groups as “‘Boston’s Zionist NGO circuit” and accused not only of “supporting the colonization of Palestine” but also of “violence worldwide.”

Belanger is another PA US member who has described herself as the secretary for Chambers’ Berkshire Communists, a “revolutionary Marxist-Leninist collective.”

Old-school Marxists are behind many of the anti-Israel protests that began almost within hours of the Oct. 7 Hamas murders. The New Hampshire chapter of the Party of Socialism and Liberation, a group that advocates a Marxist revolution, coordinates many of the protests.

Not much is known about Ross outside her activities against Elbit. Shergalis, on the other hand, is a former child actor who featured in Disney and Nickelodeon shows like “So Random” and “See Dad Run.” Chambers paid the $50,000 cash bail for Walsh, Shergalis, and Ross when they were arrested.

Chambers is a member of the Cox family, which is worth about $34 billion, according to reports. In recent years, Chambers negotiated an early inheritance with the family trust, allowing him to walk away with a reported $250 million. He used that money to start the Marxist commune in the Berkshires, as well as a “People’s Gym” in the Upper Valley region of New Hampshire. Chambers currently lives in New Hampshire in order to take advantage of the low taxes and lax firearm regulation.

The extremist left-wing group behind the assault on Elbit Systems in Merrimack is under FBI investigation, NHJournal has learned.

As Calla Walsh set off smoke bombs from the roof of the Elbit Systems of America facility, images of her protest were pushed out on social media by Palestine Action US. The group is the American offshoot of an anti-Israel organization based in the U.K., and it gets financial support from local millionaire — and self-declared Communist — James “Fergie” Chambers. Chambers put up bail for Walsh and her two co-defendants after their arrest on charges stemming from the Merrimack incident.

Walsh’s connections to Palestine Action US and Chambers have caught her in the FBI’s crosshairs.

Merrimack Police Detective Kevin Manuele’s probable cause statement seeking court approval to search Walsh’s cell phone states the FBI is already interested in Chambers and Palestine Action US. 

“The Federal Bureau of Investigation was conducting an investigation into the group that was involved as well as their leader Chambers, who is known to the FBI,” Manuele wrote.

The FBI generally does not publicize details of ongoing investigations, but the information came to light as part of a court battle over Walsh’s cell phone. Merrimack police seized Walsh’s it during her arrest at Elbit, and the progressive teen activist has been demanding its return, according to court records.

Weeks after the November arrest, FBI Agent Kevin Leblanc took possession of the phone as part of that agency’s inquiry into Chambers and Palestine Action US. The phone has since been returned to Merrimack Police. New Hampshire Attorney General John Formella won’t release it unless Walsh agrees to let Granite State investigators search it for information. In lieu of that, Formella’s office went to court this month seeking approval to look at the phone’s contents. 

Jeffrey Odland, Walsh’s defense attorney, is objecting on grounds that the attorney general’s actions violated her Fourth Amendment protections against unreasonable searches.

“The State’s seizure of [Walsh’s] phone and subsequent request to search are constitutionally unreasonable due to the 184-day delay in the state applying for judicial permission to search,” Odland wrote. 

Manuele’s probable cause statement indicates there is likely evidence of conspiracy on Walsh’s phone beyond her actions with co-defendants Sophie Ross, Bridget Shergalis, and Paige Belanger. All four women have ties to Palestine Action US, as well as Chambers.

Palestine Action US spearheads attacks on Elbit, even publishing a since-deleted map of all Elbit facilities in the United States on its social media platforms. It also broadcasts messages to “shut down Elbit,” according to Manuele.

Walsh, a self-identified Communist and “anti-imperialist,” has a long history of protesting against Elbit. After a 2022 arrest at the Cambridge, Mass. Elbit facility, Walsh expressed her displeasure with police on social media.

“Cambridge pigs are still pigs. They serve to protect capital and empire,” Walsh wrote.

She also posted a message on social media calling Israelis “the scum of nations and pigs of the Earth.”

Walsh and Chambers appear in a photo together at the Cambridge protest which was shared by Palestine Action US, according to Manuele. Palestine Action US promoted the Merrimack incident with photos of Walsh, and it used the picture of a masked Walsh holding smoke bombs on top of the Elbit Systems building in later promotional images shared to social media.

Calla Walsh, Fergie Chambers and Paige Belanger protesting Elbit Systems on Oct. 30, 2023 in Cambridge, Mass. (Via Instagram)

Chambers is a member of the Cox family, worth about $34 billion, according to reports. Chambers essentially negotiated an early inheritance with the family trust, allowing him to walk away with a reported $250 million which he used to start a Marxist commune in the Berkshires, as well as a “People’s Gym” in the Upper Valley. He also supports left-wing protests and funds bail for activists like Walsh.

Chambers denied being a Palestine Action US leader, though he’s often described as a co-founder.

“PAL Action is not now and never was an ‘org,’” Chambers wrote NHJournal. “It is a social media platform that shares news of direct actions people have taken against Elbit or other weapons companies. We’ve shared things in Cali, VA, TX, MA, NH, etc. If someone sends us [something], we share it. Bears zero connection to who did it.”

When it comes to Palestine Action USA, Chambers is just another member of the organization that isn’t an organization, he said. Chambers got attention in recent months for his outspoken opposition to Israel, America and capitalism, among others. 

“Israel does not deserve to exist,” Chambers told LA Magazine. “It is a false state propped up by the West.” 

Walsh is a political star in her own right. She gained fame as a 16-year-old activist who helped push Sen. Ed Markey (D-Massachusetts) to victory in a primary race against Joseph Kennedy III. 

Walsh is also an avowed fan of Hamas and Iran’s repressive, authoritarian regime run by religious fundamentalists. She recently took to social media to lament the death of Iranian President Ibrahim Raisi because he did much to help overthrow the West through terror.

“Even if they don’t explicitly identify as communist, by dealing blow after blow to US imperialism, Iran, Hamas, Ansar Allah & the entire Axis of Resistance are doing far more to create the conditions for communism to be possible than literally any Western armchair communists,” Walsh wrote.

She also wrote last week that Iran, Russia, and China work together to help Hamas operate.

“Remember the full picture. The Palestinian resistance doesn’t take orders from Iran, but their capacity to resist would be much weaker w/o Iran’s support, and that support would be impossible w/o Iran’s close relations with China & Russia, which allows Iran to bypass sanctions,” Walsh wrote. 

But the latest news for Walsh isn’t all bad. The court order banning her from communicating with Ross and Shergalis was recently lifted.

Walsh said she’s looking forward to hugs with friends.

A woman with ties to a Massachusetts Marxist commune and who expressed support for Hamas days after its terrorists murdered 1,300 Israelis is facing justice in New Hampshire. 

A grand jury returned felony indictments against Paige Belanger, 32, of Alford, Mass., for allegedly being part of the violent protests at the Merrimack Elbit Systems facility, an Israeli-owned weapons developer.

Belanger is now facing state prison time on charges of riot, criminal mischief, conspiracy to commit criminal mischief, and conspiracy to commit burglary for her role in the Nov. 20 incident during which smoke bombs were ignited from the building rooftop by protesters.

Belanger joins pro-Palestinian progressives Calla Walsh, 19, Bridget Shergalis, 27, and Sophie Ross, 22, on the dock. The women all have one man in common: multimillionaire James “Fergie” Chambers. He uses his family fortune to further his Marxist goals.

According to Canary Mission, a group that documents antisemitic hate, Belanger is a member of Palestinian Action USA, part of the antisemitic BDS movement. Chambers is listed as one of the American founders of Palestinian Action USA, though he told NHJournal he’s not a leader in the group. Belanger also listed herself as the secretary for the Berkshire Communists, a “revolutionary Marxist-Leninist collective” reportedly bankrolled by Chambers.

Chambers put up the bail to get the women out of custody after their initial arrests, something he told NHJournal he does for many activists on the extreme left.

The Marxist left is the prime mover behind many of the anti-Israel protests that have sprung up since the Oct. 7 Hamas murders, and the Israeli military response. The New Hampshire chapter of the Party of Socialism and Liberation coordinates many of the protests.

However, funding for the groups comes from sources closer to the mainstream Democratic Party. A recent report found billionaire Democratic families and major contributors to President Joe Biden and congressional Democrats, the Soros family, Rockefeller family, and Pritzker family, are also handing cash to anti-Israel groups that organized recent college campus protests.

Election Commission data by RealClearPolitics found congressional Democrats running for reelection have taken more than $6.5 million from the three major donors who are also bankrolling the anti-Israel protests roiling college campuses.

New Hampshire’s own Rep. Chris Pappas collected nearly $60,000 from the same people funding anti-Israel and anti-U.S. protests.

Belanger is due in the Hillsborough Superior Court — South in Nashua June 13 for her arraignment.

Three women arrested during a violent protest at Israeli-owned Elbit Systems in Merrimack now face prison time.

Weeks after his office took over the case, New Hampshire Attorney General John Formella announced felony indictments Friday against left-wing activists Sophie Ross, Bridget Shergalis, and Calla Walsh. 

A grand jury convened in Hillsborough Superior Court — South handed up charges against the three for riot, conspiracy to commit criminal mischief, burglary, and conspiracy to commit falsifying physical evidence. Each charge carries a potential three-and-a-half to seven-year prison sentence.

Walsh, 19, is a progressive political star in Massachusetts who led the teen army that helped get Democrat U.S. Sen. Ed Markey elected. She’s also faced repeated charges of antisemitism.

Walsh is active in the anti-Israel “Boycott/Divest/Sanction (BDS) movement, which many critics say is antisemitic due to its sole focus on the Jewish State. More problematic is Walsh’s involvement in the so-called “Boston Mapping Project,” which created an interactive map identifying places where Jews tended to congregate as well as the locations of Jewish community organizations in Massachusetts. The map included locations of Jewish daycares and schools.

According to the Anti-Defamation League, the Mapping Project identifies Jewish communal groups as “‘Boston’s Zionist NGO circuit” and accused not only of “supporting the colonization of Palestine” but also of “violence worldwide.”

Walsh’s criminal record includes arrests for her stunts targeting Jewish and Israeli-owned businesses. Walsh was arrested last year at the Elbit Systems location in Cambridge, Mass., along with Ross, a 22-year-old woman from the Bay State.

Bridget Shergalis

Shergalis, 27, is a star of a different sort. The Connecticut resident is a former Disney Channel actress who has appeared in shows like “So Random” on Disney, “See Dad Run” on Nickelodeon, and “Criminal Minds” on CBS.

Police recently caught up with Paige Belanger, 32, of Alford, Mass. Belanger is now facing charges similar to the other three, like criminal trespass, riot, and sabotage, though a grand jury has not yet indicted her. 

Walsh, Ross, and Shergalis were arrested on the roof of the Elbit facility in Merrimack, armed with spray paint and incendiary devices. 

Police were called to the business on Daniel Webster Highway for reports of people blocking the entrance and smoke coming from the roof. According to a Merrimack Police Department press release, “Officers discovered the front of the building had been spray painted with red paint, windows had been smashed, and at least one of the main lobby doors had been locked shut via a bicycle anti-theft device.” 

The three women reportedly lit flares and took them to the roof, where more damage was found.

“While we support the rights of protesters to peacefully express their views, what our workforce experienced in Merrimack, N.H. was violent behavior planned by protesters that resulted in several arrests made by local law enforcement,” Elbit America said in a statement. “We take the safety and well-being of our employees extremely seriously, and we will continue to work closely with local officials at all of our sites to ensure safety for all.”

The attack on Elbit’s Daniel Webster Highway location is part of a long-standing campaign by Palestine Action US. Elbit Systems of America’s parent company – Israel-based Elbit Systems – is the largest defense contractor for Israel. Palestine Action US says its mission is “dismantling Elbit Systems and the Zionist War Machine.”

Communist multi-millionaire James “Fergie” Chambers paid the cash bail for Walsh, Ross, and Shergalis. Chambers himself takes part in Palestine Action US, though he denies any official role in the group. Chambers started a commune in rural western Massachusetts where Belanger reportedly lives. 

While New Hampshire Democrats have largely been silent on the Elbit story, Republicans have been highly critical of the vandalism. A week after the attack, a group of Republican lawmakers from the Merrimack area waved signs of support for the Elbit workers outside the facility. Among the sign wavers was GOP candidate for governor Kelly Ayotte.

“I am glad that the attorney general is pursuing criminal charges,” Ayotte told NHJournal after news of the indictments broke. “The vandalism, damage, and hate targeted at Elbit Systems was despicable and unacceptable. As governor, I will stand strongly against the antisemitism and hatred being pushed by the progressive left Hamas sympathizers.”

Chuck Morse, who’s also seeking the GOP nomination, commended Formella “for upholding our state’s core values of law and order.

“We must resist the acceptance of Democrat soft-on-crime policies that encourage criminal activity here in our Granite State. As a dedicated advocate for Israel, I deeply appreciate the ongoing support extended to our Jewish community in New Hampshire. As governor, I will continue to stand against antisemitic attacks,” Morse said.

Walsh, Ross, and Shergalis are all due in court next week.

New Hampshire’s top cop is taking control of the case against anti-Israel protesters who targeted a Merrimack worksite, a sign of how important the case is to the state of New Hampshire and Gov. Chris Sununu’s administration.

State Attorney General John Formella told NHJournal he plans to make a tough case against the four pro-Palestinian demonstrators arrested for allegedly attacking the Israeli-owned Elbit Systems facility in Merrimack.

“We took these cases because of the important civil rights and public protection interests involved,” Formella said. “We will do everything we can to ensure that these cases are prosecuted to the fullest extent of the law and that justice is served.”

Prosecutors with the Hillsborough County Attorney’s Office originally brought the charges against the suspects after they were arrested in November at the Elbit facility on Daniel Webster Highway.

Calla Walsh, 19, Bridget Shergalis, 27, and Sophie Ross, 22, were all arrested Nov. 20 when their protest turned violent, according to police. The three were charged with criminal trespass, riot, and sabotage.

“Officers discovered the front of the building had been sprayed with red paint, windows had been smashed, and at least one main lobby door had been locked shut via a bicycle anti-theft device,” Merrimack Police said in a statement following the incident.

Protesters also lit flares and took them to the roof, where more damage was later found.

A fourth suspect, Paige Belanger, 32, of Alford, Mass., was arrested last week.

The assault on the Merrimack facility was supported by the U.S. branch of Palestine Action, an anti-Israel organization that promotes antisemitic views. Six of its members were recently arrested when U.K. authorities foiled a plot targeting the London Stock Exchange.

Formella told NHJournal in December the Palestine Action organization could also face legal consequences for its role in the attack.

“Organizations and entities can be held responsible for the acts of their members. We saw that with NSC-131. We brought an action, not just against two members of NSC-131, but against the organization itself,” Formella said.

NSC-131 is a white supremacy group that hung a “Keep New England White” banner on a Portsmouth bridge last summer.

Palestine Action US says its mission is “dismantling Elbit Systems and the Zionist War Machine.”

Multi-millionaire Communist James “Fergie” Chambers is identified as a founder of Palestinian Action USA. He has paid bail for the women charged in the case. Chambers claims he is not a leader in the group, but he does participate in protests. He frequently posts bail for activists in a range of protest movements like Palestinian Action, Stop Cop City, and others.

“I’ve never said no to a bail help ask,” Chambers previously told NHJournal via text.

Chambers did not respond to a request for comment on Formella taking over the prosecution of the Elbit case.

A key figure in the New Hampshire anti-Israel protest movement, multi-millionaire Communist James “Fergie” Chambers, says the new focus on hate crimes by federal and state law enforcement has him worried.

He acknowledged the topic is controversial but doesn’t believe the response is proportional.

“Yeah, this insane backlash equating us with Nazis, charging our friends with insane stuff for what amounts to vandalism….who knows at this point?” Chambers, who lives in the Granite State, told NHJournal via text.

But that wasn’t the only thing Chambers has typed up as of late. For example, the avowed opponent of the nation of Israel posted on Facebook last month, “Make Zionists afraid.”

According to an article in The Free Press, he has also written, “We need to start making people who support Israel actually afraid to go out in public. We need to make all of white America afraid that everything they have stolen is going to be burned to the ground. That’s what makes them listen.”

It is rhetoric like that, along with an increase in anti-Israel and antisemitic rhetoric, that has New Hampshire Attorney General John Formella beefing up the state’s Civil Rights Unit with an additional attorney and more support staff. Formella announced the move after activists with Palestinian Action USA struck the Elbit Systems facility in Merrimack last month. The three women arrested for the vandalism attack were all promptly bailed out by Chambers.

Elbit Systems USA is an Israeli-owned company best known for its work in weapons and aviation. However, the Merrimack facility also does work for the company’s medical instrumentation division.

Formella and Assistant Attorney General Sean Locke have both said they are looking at the Palestinian Action USA protestors for possible Civil Rights Act violations. And the organization itself, which is partially funded by Chambers, could be held accountable as well. 

The possibility he and his comrades could be charged with antisemitic harassment due to their anti-Zionist activism upsets Chambers.

“[Of course] the hate crime rhetoric is concerning, but I think any attorney worth a darn will tell you that weapons companies are not a protected group, lol,” Chambers wrote NHJournal. “In the end, it behooves a ‘Free State’ to back off of this kind of grandstanding. I really don’t believe that the people of New Hampshire are especially committed to Zionism, even if political lobbyists are.”

Though Chambers has maintained the protests against Elbit are focused on stopping a weapons manufacturer, he has not been shy about saying Israel has no right to exist.

“Israel does not deserve to exist,” Chambers told LA Magazine. “It is a false state propped up by the West.”

Chambers is a member of the Cox family, worth about $34 billion, according to reports. Chambers essentially negotiated an early inheritance with the family trust, allowing him to walk away with a reported $250 million. 

The fact the Coxes still own the company outright makes them the eighth richest family in America, with a net worth of around $34 billion.

Chambers has been using his fortune to spread the Gospel of Marx, setting up a commune in Massachusetts, a “People’s” gym in New Hampshire’s Upper Valley, and engaging in protests across the country. He is even footing the bill when fellow activists get arrested.

“I support a ton of bail funds for protestors and folks facing state repression,” Chambers said.

Despite being self-identified as a founding member of Palestinian Action USA, Chambers denied he is, technically, a founder or bankrolling the group or that he has a real leadership role within Palestinian Action USA at all. Chambers is just another activist, albeit one with more cash.

“PAL Action is not now and never was an ‘org,’” Chambers wrote NHJournal. “It is a social media platform that shares news of direct actions people have taken against Elbit or other weapons companies. We’ve shared things in Cali, VA, TX, MA, NH, etc. If someone sends us [something], we share it. Bears zero connection to who did it.”

When it comes to Palestinian Action USA, Chambers is just another member of the organization that isn’t an organization, he said.

“I [definitely] participated in the Cambridge [Mass.] action, and I spray painted a McDonald’s in D.C. Other actions I have zero say about. Pal Action UK provides training to people. I was a founding organizer because I did the first action in Cambridge, and I’ve helped with media thereafter. There is no staff, no budget, nothing. As in, there’s nothing to finance.”

When Palestinian Action USA protesters Sophie Marika Ross, 22, of Housatonic, Mass.; Cala Mairead Walsh, 19, of Cambridge, Mass.; and Bridget Irene Shergalis, 27, of Dayville, Conn., were charged with criminal trespass, riot, and sabotage for the Merrimack vandalism attack, Chambers ponied up $50,000 to get the three women released. 

“After the fact, I’ve paid bail funds because I do that all over the place,” Chambers wrote. “I’m about to grant a bunch of legal support for Alabama prisoners; I’ve supported the ‘Cop City’ bail and legal funds; I’ve done tons of support for pipeline funds, including when I was at Standing Rock. I’ve never said no to a bail help ask, as is my right as a funded with the 1st amendment.” 

‘Cop City’ is the name progressives, Black Lives Matter members, and Antifa activists have given the Atlanta Police Foundation’s training facility, currently under construction and under protest. Antifa and others have repeatedly attacked the construction site, engaged in riots, and gotten arrested by the score in an attempt to stop the facility’s construction.

Despite numerous stories naming him as a founder and funder for Palestinian Action USA, Chambers said his checkbook support for arrested activists does not mean he’s “bankrolling” the group, which, again, isn’t a group.

“So to say I ‘bankroll Pal Action’ is crazy. There’s literally nothing to bankroll. It’s a network of independent affinity groups, and the social media accounts have shared stuff, while Pal Action UK remains the founders and leaders,” Chambers wrote.

Despite his Marxist, distributiionist politics, Chambers said he moved to New Hampshire last year in part due to the Granite State’s low tax burden. He has plans for the properties he bought in Lebanon, though they are still being worked out.

“I’m not sure exactly what we’ll do with NH at the moment,” Chambers wrote. “We have an office space in Lebanon that was tentatively going to be a free gym and a place to do media and research work, and to offer free office space to local groups who might be in need.”

Progressive activists who pushed for a state marker honoring a Granite State Stalinist are suing, claiming the Sununu administration did not follow procedure when it took down the historic plaque.

State officials changed the rules, then broke them, in the scramble to remove the sign honoring notorious Communist Elizabeth Gurley Flynn, according to the lawsuit filed this week.

The Historic Highways marker for Flynn, the former U.S. Communist Party Chair convicted of advocating the violent overthrow of the U.S. government, was removed from its Concord location on May 15, less than two weeks after it was unveiled. The marker is currently in the possession of the New Hampshire Department of Transportation.

Now, liberal activists Arnie Alpert and Mary Lee Sargent, represented by lawyer and former Executive Counselor Andru Volinsky, accuse Gov. Chris Sununu and others of breaking the law to get rid of the Flynn marker in the face of community backlash.

‘The State has the unequivocal legal duty to follow its own duly adopted laws and not to act by the fiat of the Governor and members of the Executive Council,” Volinsky wrote.

Alpert and Sarget want a judge to order the marker to be erected once again at its original Concord location.

The marker was unveiled on May 1, and the state’s Department of Natural and Cultural Resources promoted Flynn’s tribute. That did not sit well with Executive Councilor Joe Kenney, who lodged a complaint at the May 3 Executive Council meeting.

“Well, I’m going to say that this particular person has no historic value here in Concord. And this person, Elizabeth Gurley Flynn, was a profound Communist who died a Soviet, who was anti-American,” Kenney said. “I am dead set against this. And I think it’s an embarrassment that we have a program that allows us to put Communists on historical markers and then say, ‘Oh, that’s part of our history.’ It’s not part of my history.”

In the days that followed, Flynn’s record as an unrepentant Stalinist who supported the Soviet Union during the height of the Cold War and received a Red Square burial came to light. As members of the public began to speak out,  Sununu vowed to get rid of the marker and blamed Concord City Council members for approving its placement.

Concord officials rejected that argument, pointing out that the marker is a state sign for a state program approved and funded by the state.

The marker was removed on May 15 and is currently in the possession of the New Hampshire Department of Transportation.

In a statement regarding the lawsuit, Sununu welcomed Alpert and Sargent’s court case, saying criticizing the government is an important part of the American Way.

“America is a free country, and we appreciate their ability to sue the government for a decision they might disagree with — a privilege not afforded to citizens in communist countries. An avowed Communist who benefited from a state funeral in Moscow’s Red Square should not be celebrated in New Hampshire. All policies were followed when removing this Anti-American sign, and it will not be coming back under my watch,” Sununu said.

The Department of Natural and Cultural Resources changed the rules for removing Historic Highway Markers after that May 3 meeting, allowing for removing markers that could be deemed inappropriate. However, according to the lawsuit, the new rules still required that the decision go to the Historical Resources Council.

According to the lawsuit, Department of Natural and Cultural Resources Commissioner Sarah Stewart ignored the rules and, on May 12, ordered that the sign be removed. 

“Commissioner Stewart did not consult the State Historical Resources Council as required by the newly amended policy,” Volinsky wrote. “Nor was the reason for retirement officially recorded in the minutes of the State Historical Resources Council also as required by the newly amended policy.”

Flynn was born in 1890 in Concord and became a socialist activist in her teens. She was a founding member of the American Civil Liberties Union and, in 1936, joined the Community Party, becoming the U.S. party chair in 1961.

She joined the Communist Party during Josef Stalin’s deadly purge and high-profile show trials, facts known to the public at the time. When Flynn joined in 1936, the Soviets had already murdered nearly 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge. 

Her membership in the party got her expelled from the ACLU in 1940 when the civil rights groups formally denounced Communism. A decade later, she was found guilty under the Smith Act of advocating the overthrow of the U.S. government by force and violence. 

The Soviet government gave Flynn a state funeral in Red Square, with more than 25,000 people attending.

Imagine there’s no marker.

The now-infamous historical highway marker honoring home-grown Communist Elizabeth Gurley Flynn keeps causing headaches for the state.

A month after Gov. Chris Sununu had the state marker removed from its street corner in Concord, supporters of a commemoration of “Rebel Girl” Flynn are considering a lawsuit to get it put back.

“We are looking into options,” activist Arnie Alpert told NHJournal.

Alpert and Mary Lee Sargent, both long-time leftist organizers, filed the original petition for the state to erect the marker for Flynn. They also organized its unveiling on May Day, “one of the most important holidays in communist countries such as China, Cuba, North Korea, and the former Soviet Union,” according to Wikipedia.

When Republican members of the state’s Executive Council discovered who the marker was honoring and her history as an unrepentant Stalinist who sided with Moscow during the Cold War, they were outraged. They demanded answers from the Sununu administration, particularly the New Hampshire Department of Natural and Cultural Resources, about how such an honor could be approved and paid for by the state.

Under pressure, Gov. Chris Sununu first blamed Concord city leaders for the commemoration before conceding it was entirely a state project and having the marker pulled down.

Now Alpert and Sargent have brought progressive lawyer Andru Volinsky to restore the sign. Volinksy told NHPR the state broke its own rules when it had Flynn’s maker removed. Volinsky said the matter could be pursued in court as a violation of New Hampshire’s Administrative Procedures Act.

“In this case, there were rules and policies for historical markers both erecting and removing them,” Volinsky said. “It seems as though the rules to erect the marker were followed. Then some people issued an edict, and it was removed without following the rules. So, there are ways to enforce those rules through the court system.”

Alpert and Sargent warned the state before the marker came down that state rules need to be followed. In a letter they sent to Natural and Cultural Resources Commissioner Sarah Stewart, Alpert and Sarget cited her department’s rules regarding the removal of markers.

“At this time, there are no grounds for the marker’s removal which are consistent with your department’s policies,” they wrote.

They noted that the rules for getting a marker “retired” are specifically tied to the marker’s condition and not any prevailing political sentiment.

“The policy for retirement deals with markers that contain errors, are in a state of disrepair, or require refurbishment. None of these criteria apply to the marker in questions that would in any way justify its retirement,” Alpert and Sargent wrote.

Stewart has not responded to Alpert and Sargent’s letter, according to Volinsky.

Flynn was born in 1890 in Concord. Her family moved to New York City when she was 10. She became a socialist activist in her teens, eventually helping to found the American Civil Liberties Union. In 1936 she joined the Communist Party USA (CPUSA), eventually rising to national chairwoman in 1961.

When Flynn joined the Communist Party in 1936, the Soviets had already murdered close to 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge. When she became head of the American Communist Party, dissident writer Alexander Solzhenitsyn was just a few years removed from serving a decade in the Soviet gulags and internal exile.

Her decision to join the Communist Party during Stalin’s purges and high-profile show trials is particularly disturbing. In fact, Flynn was expelled from the ACLU over her membership in the CPUSA. A decade later, she was found guilty under the Smith Act for advocating the overthrow of the U.S. government by force and violence.

The Soviet government gave Flynn a state funeral in Red Square, with more than 25,000 people attending.

When Flynn joined the Communist Party in 1936, the Soviets had already murdered close to 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge. When she became the head of the American Communist Party, dissident writer Alexander Solzhenitsyn was just a few years removed from serving a decade in the Soviet gulags and internal exile.

Volinsky told NHPR he hopes to be able to negotiate a resolution with the state.

It’s easy if you try.

The historic marker in Concord commemorating unrepentant Communist Elizabeth Gurley Flynn got sent to the ash heap of history as the Sununu administration finally stepped up and removed it from state property.

Now the progressive activists who pushed for the marker are complaining about its removal.

The New Hampshire Historical Highway Marker was unveiled on May 1 (May Day). It celebrated Concord-born Gurley Flynn as an early labor activist, a civil rights pioneer, a supporter of women’s access to birth control, and the former head of the Communist Party in America (CPUSA).

Gov. Chris Sununu first promised to get the marker removed after learning about it from irate executive councilors Joe Kenney (R-District 1) and Dave Wheeler (R-District 5) during a Governor’s Council meeting two days later.

“This is a devout communist. We are the ‘Live Free or Die’ state,” Kenney said. “How can we possibly promote her propaganda, which still exists now through this sign in downtown Concord?”

Sununu, however, did not immediately take the marker down. Instead, he and his administration blamed Concord city officials for the marker’s placement.

“Why Concord would want to put this in the first place, God knows,” Sununu said on Good Morning NH with Jack Health. “Just tell us to take it down we’ll take it down. I’d love to take it down.”

However, Concord City Attorney James Kennedy responded, making it clear in a letter to Department of Cultural and Natural Resources Commissioner Sarah Stewart that the state could do whatever it wanted with the marker it installed.

“To the extent that the State seeks removal of (the Flynn marker) a marker that it approved (title and text) created and installed, bearing the State seal and located on State property, the City takes no position on this issue,” Kennedy wrote.

On Monday, the Gurley Flynn monument was gone.

“Through their public statements, the City of Concord made clear they were not advocating to keep the marker up,” Ben Vihstadt, Sununu’s spokesman, said Monday. “In their communications with the state, it was learned that the marker was located on state property, not city property as previously believed, and therefore the marker was removed this morning.”

Far-left supporters of the marker and Flynn’s legacy cried foul.

“The policies of the Division of Historical Resources specify the conditions under which markers can be retired,” said Arnie Alpert, who, with Mary Lee Sargent, initiated the proposal for the Flynn marker. “Even under the policy’s latest revision, there is no provision for markers to be retired because of objections to their content.”

The pair continue to defend the marker saying Flynn is a historically significant person born in New Hampshire and should be recognized. “We still say that under the department’s own guidelines, Elizabeth Gurley Flynn’s birthplace in Concord is a fitting location for a historical marker,” Sargent said.

Flynn was an outspoken member of the American left who helped found the American Civil Liberties Union, which she was later kicked out of because she chose to join the Communist Party. In fact, Flynn joined in 1936, during the infamous purges under Soviet leader Josef Stalin that drove many other Westerners out of the party.

Flynn made no apologies for her Communism. In a May 6, 1940 speech, Flynn praised the USSR.

“On May Day, we salute the Soviet Union, land of socialism, land of peace and plenty, the great ideal of labor since time immemorial, the cooperative commonwealth of all who toil,” Flynn said.

Flynn was convicted in 1951 for fomenting the overthrow of the United States, later became head of the Communist Party USA, and was given a state funeral in Moscow’s Red Square by a grateful Soviet Union when she died in 1964.

Alpert and Sargent continue to insist the marker should have remained and that Sununu lacked the authority to remove it as he did. They say that, under the state’s guidelines, markers are only removed if they are in disrepair or contain text with factual errors. The state also requires a public hearing before any marker is removed.

“None of the conditions for the marker’s removal have been met,” Alpert said. 

Vihstadt, however, said the state acted correctly in taking down the sign.

“All policies and guidelines were followed in removing this controversial marker,” Vihstadt said.