Judicial Watch gets Victory for Veteran’s Patriotism in displaying American Flag
Court Rules Veteran Bob Rosebrock Not Guilty of Federal Crime for Displaying American Flags above Veterans Administration Fence
In a tremendous victory for Judicial Watch and our supporters, a U.S. District Court in California has declared 75-year-old veteran Robert Rosebrock not guilty of violating federal law for allegedly displaying two four-by-six inch American Flags above a Veterans Affairs (VA) fence on Memorial Day, May 30, 2016. The ruling was handed down in U.S. District Court for the Central District of California (United States of America v. Robert L. Rosebrock, (CC11, 4920201; 4920202; 6593951).
Rosebrock had been charged with hanging the two napkin-sized American Flags on a section of the fence adjacent to the Great Lawn Gate at the entrance to the Veterans Park in violation of a VA regulation prohibiting the displaying of “placards” or posting “materials” on VA property without authorization. Rosebrock attorneys successfully argued that the VA’s case in chief did not, and could not, meet its burden of proving the charge as the VA violated Rosebrock’s Fifth Amendment privilege against self-incrimination and the VA’s evidence fell short of proving Rosebrock posted the American Flags without permission. Judicial Watch’s legal team also successfully obtained dismissal before trial of two separate charges that Rosebrock illegally photographed VA police on the ground that the VA regulation was not reasonable even under the most lenient First Amendment standard.
Rosebrock, 75, and fellow veterans have been assembling at the site nearly every Sunday and Memorial Day since March 9, 2008, to protest what they believe is the VA’s failure to make full use of the valuable West Los Angeles property for the benefit and care of veterans, particularly homeless veterans.