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Nashua City Attorney: Israeli Flag Too Controversial to Fly at City Hall

The Israeli flag, the white and blue banner with the Star of David, is the official symbol of the state of Israel, one of America’s closest allies. And yet the City of Nashua told a federal judge Israel’s flag is too controversial to fly at City Hall Plaza.

The Pride flag, on the other hand, is more than welcome on Nashua city property, despite being an entirely political symbol of the LGBT movement.

Nashua’s Assistant Corporation Counsel Jonathan Barnes said flying Israel’s flag would spark a flood of angry phone calls and threats, while “reasonable citizens” wouldn’t be bothered by the Pride flag.

Those revelations came last month in federal court as part of the city’s legal defense against a lawsuit filed by resident Beth Scaer. The city rejected her requests to fly the Pine Tree Riot flag and a banner promoting girls-only sports on Nashua’s public flagpole. Scaer claims she’s the victim of viewpoint discrimination by the Democrat-controlled city. She is represented by the Institute for Free Speech and local counsel Roy McCandless.

In the wake of the lawsuit, Nashua Mayor Jim Donchess quietly ended the city’s community flag pole tradition.

During the Nov. 5 hearing before Judge Talesha Saint-Marc, Nashua’s Assistant Corporation Counsel Jonathan Barnes compared the Pine Tree Riot flag to a Nazi flag and a flag for the Soviet Union.

Barnes also brought up the city’s decision to reject a request by Nashua resident Nick Scalera to fly the Palestinian flag on a day set to remember the anti-apartheid movement in South Africa. He says that proves the city was not discriminating based on a particular viewpoint.

And, Barnes added, “If someone applied to fly the Israel flag, I would say you would probably reject that, too, because it’s just — you don’t want to wade into those waters. You want to be able to conduct your city business without getting inundated with angry phones, e-mails, and people threatening you on Twitter, or X, whatever it’s called now.”

Saint-Marc noted that “at one point the city accepted the Pride flag. That’s still a controversial position.”

Barnes responded by invoking American Freedom Defense Initiative v. King County (2016) In that case, ads featuring the images of Islamist terrorists were rejected by the transit system, which argued they weren’t suitable. AFDI sued, lost in the lower courts and the U.S. Supreme Court declined to take up the case. The district court ruled the space was a “limited public forum” and that the system’s restrictions were “reasonable and viewpoint neutral.” 

“In American Freedom Defense Initiative the ban on less controversial advertising was upheld. It wasn’t all controversial advertising,” Barnes argued.

“So, in the grand scheme of things, you know, there are Pride flags flown all over the country. The White House lights up with the colors in June. There are parades all over the country. There might be some people that are upset by that, but there are some people that are upset by the American flag. They would sooner (fly) the Soviet flag fly. Most reasonable citizens don’t find that subject matter to be controversial,” Barnes said.

“The Pride flag?” the judge asked.

“Correct,” Barnes replied.

“I think some reasonable citizens may disagree,” Saint-Marc said, to which Barnes replied, “Some might, but it’s less controversial than, say, a swastika.”

The city’s argument that the official flag of the nation of Israel is too controversial to fly, and suggesting that “reasonable citizens” would object, raised eyebrows.

“The City of Nashua’s terrifying argument demonstrates why free speech is so important,” said Institute for Free Speech attorney Nathan Ristuccia. “We cannot trust the government to decide whose views are too controversial to be permitted.”

Steve Bolton, Nashua’s long-time lead corporation counsel, tried to clean up the city’s position. He told NHJournal Barnes’ comments about Israel were part of a speculative argument that does not reflect the views of Mayor Jim Donchess or the Board of Aldermen.

“It was hypothetical, but that’s certainly not the position of the City of Nashua,” Bolton said.

Barnes was not in the office Wednesday and did not respond to requests for comment.

Israel is a United States ally and the only democracy in the Middle East. It’s also fighting a war against antisemitic terrorist organizations backed by Iran following the brutal Oct. 7, 2023, Hamas attack in which 1,300 people were murdered. 

For his part, Scalera does not understand how Nashua is deciding which flag to fly. He said he was told the city would not fly the Palestinian flag due to the ongoing war.

“The City of Nashua has not shied away from flying the flags of foreign nations, especially foreign nations involved in active conflict. For example, in the wake of Russia’s illegal and brutal invasion of Ukraine, the City proudly raised the Ukrainian flag in solidarity with the people of Ukraine, as well as the Ukrainian population here in Nashua,” Scalera told NHJournal.

Scalera was also told by members of the Board of Alderman that Nashua would not allow a flag from a territory, like Palestine, that is not officially recognized as a nation.

“However, Nashua has also raised the flag of Kurdistan, which is at this point in time an autonomous region, and hopefully one day a nation-state, but nevertheless was not one at the time of the flag raising,” Scalera said.

Documents filed in the case show the city recently approved a day celebrating the Dominican Republic, which is currently accused of ethnic cleansing for its handling of Haitian refugees. The city also flew a Pride flag last year on orders from Donchess. However, a request for a pro-life flag to celebrate the overturning of the Roe vs. Wade decision was rejected.  

“Censorship,” said state Sen. Kevin Avard (R-Nashua) when asked about the case.

“It all boils down to whom the mayor and alderman of Nashua are comfortable offending and who they would rather not. The Pine Tree ‘Appeal to Heaven’ folks, or the Rainbow Flag-LBTQ community. It doesn’t sound like they want to hear from people of faith.”

And Rep. Judy Aron (R-Acworth), a Jewish member of the New Hampshire House and an outspoken defender of Israel, called the city’s actions “sad.”

“If the leaders of the City of Nashua can’t handle free speech, then perhaps the decision to end the traditional program is sad and disappointing but probably a good decision.”

Aron offered her own solution. “They should just fly a white flag of surrender.”

Anti-Israel Vandals Get Jail Time For Attack on Elbit in Merrimack

Anti-Israel activist Calla Walsh was unrepentant as she faced sentencing in Hillsborough Superior Court — South on Thursday for her role in the vandalism attack on Elibit Systems in Merrimack.

“Free Palestine,” Walsh said moments before she was handcuffed and taken into custody, eliciting cheers from her comrades in court.

The courtroom was packed with supporters, mostly young, White women, and the majority wearing Palestinian keffiyehs. The comrades cried, shouted support, and made heart shapes with their hands as each woman was taken away by deputies. 

Walsh, 20, and her fellow defendants — Sophie Ross, 23; Bridget Shergalis, 28; and Paige Belanger, 33 — were arrested following their attack on the Elbit facility, protesting the Israeli-owned defense company for providing weapons to Israel. 

The activists staged the attack on November 20, 2023, weeks after Hamas terrorists murdered 1,300 Israelis and took hundreds of hostages on October 7.

Paige Belanger

All four entered guilty pleas to misdemeanor charges of criminal trespass and criminal mischief as part of a negotiated plea agreement. New Hampshire Attorney General John Formella, who personally oversaw the prosecution, originally charged the four activists with a series of felonies, including 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.

But in the end, Formella made a deal.

The sentence for each charge is 12 months in jail, but the women will each serve just 60 days under the agreement. The remainder of the jail time is deferred for six months. Along with community service and a pledge to not be charged with any new crimes, the women are under orders to pay Elbit a total of $95,000 to cover the damage they caused at the Merrimack facility on Daniel Webster Highway.

“The resolution reached with these defendants balances the needs of sentencing, as well as the goals of the New Hampshire Department of Justice and the victim, Elbit Systems of America, to ensure the defendants make Elbit America whole by paying restitution in full, completing community service within the community they disrupted, and by facing a significant period of incarceration,” according to a statement from the Attorney General’s Office.

“This resolution also serves the broader goal of deterrence and sends a clear message from law enforcement that criminal conduct aimed at disrupting businesses and communities will be vigorously investigated and prosecuted.”

Some Granite Staters expressed their disappointment that the anti-Israel activists — who broke windows, smashed skylights, damaged equipment, and forced a lockdown of the employees inside the building — will get a slap on the wrist.

Sophie Ross

“I think they got off too easy,” state Rep. Jeanine Notter (R-Merrimack) told NHJournal. “They terrorized the employees of Elbit. Can you imagine being in that building and not knowing the extent of what was happening outside? They padlocked the doors and were up on the roof doing who knows what?

“Terrorizing people should have a stiffer sentence than 60 days in jail,” Notter added.

There’s a good chance the incarcerated activists will get financial help from multi-millionaire and self-declared Communist James “Fergie” Chambers. The scion of the wealthy Cox family, Chambers operates a Marxist commune in Massachusetts, though he lives in the Granite State to take advantage of the state’s tax policies and strong Second Amendment protections.

While he likes low taxes and gun ownership, Chambers hates Israel.

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

Belanger listed herself as the secretary for the Berkshire Communists, the “revolutionary Marxist-Leninist collective” reportedly bankrolled by Chambers. 

The four women are all connected to Palestinian Action U.S., where Chambers is prominent. Chambers often pays bail for radical left-wing protestors, and made sure to front the cash bail for the women last year.

The FBI has an interest in Chambers, and seized Walsh’s cell phone after her arrest last year as part of an investigation into the wealthy Communist benefactor, according to court records.

Calla Walsh (right) and U.S. Sen. Elizabeth Warren (D-Mass.)

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-Mass.) to victory in a primary race against Joseph Kennedy III. More recently, she’s been fangirling online for the likes of Hamas and Iran’s repressive, authoritarian regime run by Islamic fundamentalists.

Walsh mourned the death of Hamas leader Yahya Sinwar, who orchestrated the Oct. 7, 2023 terror attack, going so far as to post an image of her presidential ballot with Sinwar’s name written in.

She also posted messages calling Israelis “the scum of nations and pigs of the Earth.”

Walsh still has a pending criminal case out of Cambridge, Mass. for her protest at the Elbit facility there.

Bridget Shergalis

Shergalis comes to the Marxist, anti-Israel movement via television. The former child actress had featured roles on Nickelodeon and Disney Channel productions, though she does not seem to have parlayed her minor fame into steady work as an adult.

State Sen.-elect Tim McGough (R-Merrimack) told NHJournal he supports the plea deal.

“This sentencing reinforces New Hampshire’s commitment to maintaining the rule of law and protecting our community from destructive behavior,” McGough said.

“It’s clear the negotiated plea deal likely considered the toll these repeated trials would have taken on Elbit Systems’ employees and the significant cost four separate trials would have imposed on the State of New Hampshire. Valley Street Jail is not a fun place to spend the upcoming holidays, and these criminals are in for a rude awakening. This sentencing sends a strong message: our community stands against violence, and those who disrupt our peace will face serious consequences.”

Anti-Israel Groups Behind UNH Protests Allegedly Tied to Hamas

The anti-Israel protests that rocked the University of New Hampshire campus this spring were supported by a national organization with alleged ties to terrorism.

The group National Students for Justice in Palestine (NSJP), along with American Muslims for Palestine (AMP), are accused of operating as a propaganda arm of Hamas, the terrorist organization that carried out the murders, rapes and kidnappings in Israel on Oct. 7, 2023.

On Tuesday, a Virginia judge ordered (AMP), to disclose its funding sources as part of an investigation by state Attorney General Jason Miyares into allegations of terrorism financing, the Washington Free Beacon reports.

A federal lawsuit brought by survivors of the Oct. 7 terror attack alleges the organizations mobilized in the hours and days after the Hamas terror attack in order to spread disinformation and advocate “peace” by demanding Israel not retaliate against the terrorists.

“There is a legal chasm between independent advocacy and knowingly serving as the propaganda and recruiting wing of a Foreign Terrorist Organization in the United States. AMP and NSJP are the latter. They are not innocent advocacy groups, but rather the propaganda arm of a terrorist organization operating in plain sight,” the lawsuit claims.

The NSJP takes credit for helping organize a protest at the UNH Durham campus this spring in which hundreds of anti-Israel protesters attempted to set up illegal encampments before being arrested. The protest also featured antisemitic messages like “From the river to the sea, Palestine shall be free,” and accusations that the Jewish state is guilty of genocide.

AMP’s leadership founded the NSJP in 2010, one of the main groups behind this spring’s college campus protests, including at UNH. The stated goal of the NSJP to advocate for the Palestinian people is a smokescreen, however, according to the lawsuit. Instead, it uses its hundreds of campus organizations to support terrorism against Jewish people.

“AMP’s message to college campuses through NSJP is unambiguous: violent attacks are a justified response to Zionism as an idea, to Israel as an entity, and to Zionists as people. The purpose of this messaging is not only to justify the terrorism of Hamas and its affiliates in Gaza within Western academia and society at large but also to establish an environment where violence against Jews and anyone else associated with Israel could be construed as acceptable, justified, or even heroic,” the lawsuit states.

According to the Anti Defamation League,  NSPJ began using its campus chapters to call for more violence days after the Oct. 7 attack.

“[NSJP organized] a ‘Day of Resistance’ on Oct. 12, during which chapters on campuses across the country would convene rallies and other actions to applaud Palestinian ‘resistance’ to Israel,” according to the ADL. 

The NSJP’s “resistance” takes the form of antisemitic violence and murder in the United States, the ADL reports. 

“There was also a ‘Day of Resistance Toolkit’ in which SJP made clear that it advocates for Hamas or other Palestinian forces to conquer all of Israel, and for the ‘complete liberation’ of Israel and the full influx of Palestinians to Israeli land. The toolkit also called for chapters to bring this resistance to the U.S. by ‘dismantling Zionism’ on its campuses and ‘challenging Zionist hegemony,’” the ADL reports.

In New Hampshire, groups like Palestinian Action USA have been “challenging Zionist hegemony” by vandalizing the Merrimack facility owned by Elbit Systems, an Israeli weapons system manufacturer. Several members of PAUSA, connected to multi-millionaire communist James “Fergie” Chambers, have been charged for their alleged criminal antics at Elbit. Those cases are currently pending trial.

New Hampshire’s top law enforcement officer, Attorney General John Formella, has focused on the individuals behind the protests, though he has not closed the door on holding Palestinian Action USA responsible as well.

NSJP is also promoting the effort to pressure Formella’s office to drop the charges against the “Merrimack 3,” Sophie Ross, Calla Walsh, and Bridget Shergalis. They were arrested on vandalism and other charges after attacking the Merrimack, N.H. Elbit Systems location. Elbit Systems is an Israel-based company.

FBI Investigating Group Behind Elbit Systems Attack in Merrimack

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. 

News that she and her comrades might be targets of the FBI can’t be welcoming to Walsh, but it’s not all bad news for her. The court order banning her from communicating with Ross and Shergalis was recently lifted. Walsh said she’s looking forward to hugs with friends.