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As jury launches deliberations in Pittsburgh synagogue massacre, defense concedes shooter’s hatred of Jews
PITTSBURGH (JTA) — After 11 days of graphic and emotionally fraught testimony in the Pittsburgh synagogue shooting trial, and a 90-minute closing argument that included gruesome photos and the replay of harrowing 911 calls, it was time for the defense to speak.
A lawyer for Robert Bowers, accused of being the gunman who murdered 11 worshipers at the Tree of Life synagogue, on Thursday walked across the courtroom to a podium, faced the jury, and spoke for just 19 minutes.
Elisa Long acknowledged the immensity of the crime on Oct. 27, 2018, and offered only half a defense. Bowers did not intend to keep Jews from worshipping, she said, but he did appear to hate Jews.
“There is no question that his posts on Gab.com and his statements that day reflected animosity and hatred toward Jews,” Long said, referring to a social media site that is a virtual redoubt for extremists.
It was a critical concession that 11 of the government’s charges, that Bowers committed capital hate crimes, may be irrefutable.
A prosecutor took another 20 minutes to rebut Long’s barebones defense, and then Judge Robert Colville ordered the jury to begin deliberations. Seven women and five men filed out of the court at 2:30 p.m., and clerks followed them with wheeled carts piled with evidence. They retired Thursday without arriving at a verdict.
The defense, which barely registered as a presence during the guilt phase of the trial, appears to be reserving its arguments for the death penalty phase, which begins a week after the jury returns a verdict, if it determines that Bowers is guilty of any of the 22 capital crimes out of 63 charges in the indictment.
Defense lawyers in March said they would bring up Bowers’ mental health, including evidence that he suffers from epilepsy and schizophrenia. On the first day of the trial, Colville forbade them from doing so during the guilt phase of the trial, but said they may raise mental health during the penalty phase.
In her closing argument, Long devoted most of her time to sowing doubt about 11 of the capital charges, that Bowers “intentionally obstructed by force … the enjoyment of free exercise of religious beliefs,” resulting in 11 deaths.
“It is vitally important not to convict him of crimes he did not commit,” she said.
The free exercise of religious beliefs “does not include the engagement in good works or conduct that may or may not be part of religious belief,” she said.
Then jurors would have to determine whether Bowers was seeking to stop a religious service “or to stop people who were supporting the resettlement of refugees,” she said.
One of the three congregations housed in the Tree of Life synagogue, Dor Hadash, was partnered with HIAS, the Jewish immigration advocacy group. She quoted Bowers’ Gab posts in which he identified Jews with what he believed was a planned genocide of white Americans to be carried out by immigrants.
“HIAS is a huge enabler of refugee invasions,” Bowers posted on Oct. 25, Long pointed out, two days before the massacre. Dor Hadash, she noted, was on that Saturday planning a “Refugee Shabbat.” His responses were “shocking and irrational,” she said, but “after learning about HIAS” and its advocacy, “Mr. Bowers’ sense of urgency increased.”
Long began her closing argument by acknowledging, as lead defense attorney Judy Clarke had done in her opening argument, that Bowers had carried out the massacre.
“There is no dispute that on Oct. 27. 2018, armed with an AR-15, he shot and killed 11 people and seriously injured two others who were in their sacred space,” Long said. The defense on day one of the trial promised “we would not offer justification, and we have not done so,” she said.
Summing up, Long appeared to anticipate the mental health arguments the defense would make during the penalty phase, while being careful not to violate Colville’s order not to explicitly raise the topic.
She described a 46-year old man “living alone in an apartment” where he slept on a mattress on the floor and who was obsessed with computers, coding and guns. “How and why this man who lived a quiet and law abiding life until 2018” committed the crimes may be “inexplicable,” she said.
In the months before the massacre Bowers “spent an immense amount of time on the internet absorbing hate,” she said.
Long did not argue that the government had proved the 11 capital hate crimes. But she also did not argue that it had not, telling the jury, “These are the charges the federal government has brought and these are the decisions you as jurors must make.”
In his rebuttal, Eric Olshan, a U.S. attorney, ridiculed Long’s claim that obstructing worship was not germane to Bowers’ intentions.
Facing the jury, he spun around and pointed to Bowers.
“On Oct. 27, 2018, that man, Robert Bowers, went into Tree of Life, where three congregations, not just Dor Hadash” were getting ready for services. The other two are Tree of Life and New Light. “He didn’t focus on Dor Hadash, he focused on any Jew he could find to kill or try to kill.”
He accused Long of cherrypicking Bowers’ Gab posts, and reminded jurors of evidence that in the months prior to the attack, Towers had “liked” just two posts mentioning HIAS, while “liking” some 400 mentions of “Kike,” an antisemitic epithet, and some 2,300 mentions of “Jew.”
“Did he go to a refugee resettlement meeting? Did he go to the border to stop Jews” from facilitating the entry of immigrants? Olshan asked. “Did he go to the HIAS office in Maryland? He drove about 30 minutes from where he lived to Squirrel Hill, the center of Jewish life in Pittsburgh.”
Again Olshan pointed at Bowers. “That person intended to obstruct them from free exercise of religion,” he said. “This is not rocket science.”
In any case, Olshan, who is Jewish, said HIAS’s work is inextricable from Jewish faith. “Welcoming the stranger” appears 36 times in the Torah, he said, including in the passage the congregations would be reading that morning. “That just proves his guilt,” he said.
Throughout the day, Bowers never looked toward the jury. Clad in a gray sweater with a collared blue shirt, he stared at a computer screen where he monitored evidence and scribbled notes, occasionally whispering to his lawyers.
Bowers’ aunt and a cousin were present in the courtroom, as were survivors of the attack and families of the victims. There was an expectation that a verdict would be quick; the overflow room for families was packed. Maggie Feinstein, who counsels the victims, was in the court room. So was Rabbi Jeffrey Myers, who testified on the first day that he expected to die where he was hiding, and recited the Shema prayer. He wore a white kippah emblazoned with the synagogue’s symbol, a blue tree.
The day began with Colville warning the jury that his instructions to them would be exceptionally long; he took 80 minutes. Then Soo Song, an assistant U.S. attorney, spoke for 90 minutes, reconstructing the day of the massacre, Oct. 27, 2018, detail by gory detail. Of the 11 people killed, she said, six were shot in the head.
She anticipated the argument Long would advance, repeatedly emphasizing the rituals Bowers interrupted with deadly results. Using bloody photos of victims in their place, she focused especially on religious implements.”The defendant committed mass murder in a synagogue,” she said. “He turned that sacred space into a place littered with prayer shawls and prayer books and 11 deceased worshippers.”
She concluded naming the 11 victims: Joyce Fienberg, Richard Gottfried, Rose Mallinger, Jerry Rabinowitz, Cecil Rosenthal, David Rosenthal, Bernice Simon, Sylvan Simon, Daniel Stein, Melvin Wax and Irving Younger.
Olshan ended the day holding two evidence bags, each with half of a bloodstained kippah. “No longer a reminder of God’s presence,” he said. “This is what he did to Irving Younger, leaving this tattered reminder found amid the shocks of Irving younger’s white hair.”
The obstruction of worship was “the natural and probable consequence of his actions,” Olshan said.”The only justice is a verdict of guilty in every charge in this case.”
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Some named names, some didn’t, but it’s not just a story of good guys and bad guys
It was written in 1972 and takes place between 1947 and 1959. It consists of testimony given before the infamous House Committee on Un-American Activities, which damaged or destroyed the lives of many people in the entertainment world during the Communist scare and the blacklisting of the 1940s and 50s. But for its Tony-winning director, Anna D. Shapiro, Are You Now, Or Have You Ever Been, a docudrama that is being revived at New York City Center, is relevant today — in more ways than one.
“I think that everybody will enter this play from a different perspective, because it’s in conversation with things that we’re dealing with as a country right now,” Shapiro told me over the phone. “For instance, my producer, Jeffrey Richards, who is of a certain generation, for him, it’s just deeply about freedom of expression. He has spent his whole life making art, championing artists, and the idea that he feels like we’re moving towards, which we clearly are, is a more fascist behavior around freedom of expression. He wants to remind people how dangerous some of these moves from the current administration are.”
“But I’m just a little bit younger than Jeffrey,” Shapiro, 60, continued. “I did the play when I was in college. So I was probably 22, 23, actually, just finishing college. And it was very clear then, right? It was about good guys and bad guys, and it was very easy to demonize the people who named names and champion the people who were brave enough not to name names. And now, as I’m older, I realize there’s a lot more complexity when the entire system is coming after you in a way that makes you feel like your entire livelihood is threatened. So on one level, it’s one thing for Arthur Miller not to name names. It was Arthur Miller. They weren’t going to be able to destroy Arthur Miller. But it’s another thing for an actor whose career is fading and who doesn’t have any control over his destiny to be kind of pushed into naming names. And I think that that’s what interests me, which is how difficult it becomes to be good in America, how difficult that is becoming, how terrifying and terrorizing the current administration is.”
The play, by Eric Bentley, highlights testimony by some of those — Jerome Robbins, Elia Kazan, Larry Parks, Abe Burrows — who named names of Communist Party associates and some of those who didn’t, such as Arthur Miller, Paul Robeson, Lillian Hellman, Lionel Stander. It features a rotating cast that includes Steven Pasquale, Molly Ringwald, Santino Fontana and Bob Odenkirk.
Bentley, who died in 2020 at age 103, taught dramatic literature at Columbia University during the 1950’s and 60s. He was a champion and translator of the German playwright Bertolt Brecht. Shapiro won her Tony for Tracy Letts’ August: Osage County and is a former artistic director of the famed Steppenwolf Theatre Company in Chicago. Most recently on Broadway she directed the Tony-winning revival of Eureka Day.
‘Of course they were antisemitic’
Six of the Hollywood Ten screenwriters and directors who were blacklisted and sent to prison for their refusals to testify were Jews. In the Bentley play, Miller, Robbins, Hellman, Stander and Burrows are Jewish.
As the play records, one key committee member, John E. Rankin of Mississippi, a known racist who was called out for his antisemitism, insisted on reading out the birth names of actors who he presumed to be Jewish, such as June Havoc (June Hovick), Danny Kaye (David Daniel Kaminsky), Eddie Cantor (Edward Iskowitz), Edward G. Robinson (Emanuel Goldenberg) and Melvyn Douglas (Melvyn Hesselberg).
“Of course they were antisemitic,” Shapiro said. “One of the things that they went out of their way to point out was how many of the actors and directors in Hollywood had changed their names and that their original names were so clearly Jewish. For them, this exposed a kind of nefariousness. They assumed a nefarious intent, as opposed to being what it really was, which was a way for Jews to defend themselves and keep themselves safe from antisemitism by changing their names, to be able to be in the public eye in a way that was less dangerous for them.”
The committee, she said, “twisted that and said, see, all these people, all of these people in Hollywood, are pretending not to be Jews, but they are, and they’re the problem.”
Actually, though, she said, “when you really look at what being a quote-unquote Communist was in this time, for the most part, these were essentially Democratic socialists. They were people who had gotten a little lucky, were making a little money. Many of them for the first time in their families. And they wanted to help the underdog. They wanted to look at what was corrupt in the system and make things better for people. They weren’t ‘burn the system down.’ They weren’t those people.”
Many Jews were victims of blacklisting, but many top executives in Hollywood who perpetrated or supported blacklisting were themselves Jewish. One reason, of course, was fear of the committee and other anti-Communist zealots like Wisconsin Senator Joseph R. McCarthy. But there was another.
“I think that’s our complex history, isn’t it?” Shapiro said. “And we’re in a complex moment as Jewish people. We have been in such a conversation with our existential threats. And what we think of as the solution to that very, very real historic and current threat. And what I appreciate about you bringing that up is that Jews are not a monolith. Right now, that’s happening again, right? I disagree actively with my older brother, right? Now, what we don’t disagree with each other about is that we’re Jews.”
Making an impact
Although Shapiro says her family were not practicing Jews, she said she is very conscious of her Jewish heritage. “My mother didn’t practice primarily because she was a Marxist and she didn’t believe in God. And also, quite frankly, she was raised in a very conservative Jewish household. And the sexism of her day, of when they were in shul, the women were upstairs. Every Friday night, her grandmother would cook everything and eat in the kitchen. So she saw a lot of the sexism. And that really made her walk away from her Judaism. But with both of my parents, whenever Judaism was being attacked or somebody wanted to take it away from them, they would fight for it.”
“What I’ve realized, Shapiro went on to say, “is how without practicing, without going to shul, without even celebrating Passover, my Judaism is in my body, and it informs decisions I make. I think it’s the reason that I’ve done so much work around equity and systemic racism and systemic sexism. I think I essentially understand that part of my task is to seek justice, and to make an impact in the world.”
So what impact would she like the play to make on audiences?
“I always say that I direct plays really for one reason, and that is to make the audience’s world bigger. And that really only happens two ways, right? You go into a theater and you either see something familiar and you go, wow, there’s other people like me, or you go into the theater and you see something so different from your own experience and you think, my God, the world is so much bigger than I know. In this play, based on the way that you calibrate the performances, you can either make a very black and white statement, or you can make more nuanced and ambiguous statements.”
She agrees with the philosophy, she said, that every society’s survival is based on its ability to embrace ambiguity.
“And where we are right now — and I’m not even talking about on the right, because I don’t have anything to say about the right. They’re very confusing to me. So I can only speak to the people with whom I share essential beliefs. I think that we are not talking to one another well. I think we are looking at black and white and good and evil, and it’s way more complex than that. So I hope people come away going, wow, I really thought it was just going to be like the good guys who didn’t name names and the bad guys who named names.”
‘Are You Now Or Have You Ever Been’ runs through Sept. 11 at City Center in New York.
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Israel dominates debate as Rep. Dan Goldman defends seat in referendum on Zionism
American support for Israel and the ongoing Israeli-Palestinian conflict emerged as a central point of contention during the first televised Democratic primary debate between Rep. Dan Goldman and former New York City Comptroller Brad Lander on Tuesday night.
Lander, who identifies as a liberal Zionist, is challenging Goldman with the support of Mayor Zohran Mamdani, in a campaign that has gone after Goldman as allegedly out of step with Democratic voters who seek change in Israel.
Recent events in and near the 10th Congressional District, in Brooklyn and lower Manhattan, provided plenty of fodder. The Celebrate Israel parade, the vote by members of the Park Slope Food Coop to boycott Israeli products, military assistance for Israel and investments in Israel bonds made up the first 15 minutes of the one-hour debate, hosted by Spectrum News NY1.
The exchange highlighted growing divisions within the Democratic Party over Israel and the war in Gaza.
“With all due respect, we’re now 10 minutes into this, and we’ve only spoken about Israel,” Goldman, a two-term incumbent, complained. “Israel is not the most important issue in this district.” The district voted heavily for Mamdani, an outspoken critic of Israel. Jewish voters make up an estimated 20% of the electorate.
“This is one of the significant moral and humanity challenges of our time, and our representative failed,” Lander pushed back, citing Goldman’s support for U.S. aid to Israel and refusal to call the war in Gaza a genocide. In his opening remarks, Lander criticized Goldman for accepting donations from AIPAC, the U.S. campaign fundraising group allied with the Israeli government.
The Goldman-Lander contest is expected to serve as an early test of Mamdani’s political influence following his upset victory in the mayoral race. Mamdani and Lander cross-endorsed each other in the mayoral race, and Mamdani made his endorsement of Lander for Congress along with democratic socialists in two other congressional primaries. Recent polling has shown Goldman trailing Lander.
Both candidates, who describe themselves as liberal Zionists, drew sharp contrasts over their approach to the conflict in the Middle East and the movement to boycott Israel.
Lander defended his decision not to march this year the annual Israel parade by pointing to the participation of Israeli Finance Minister Bezalel Smotrich, a far-right member of Prime Minister Benjamin Netanyahu’s governing coalition who has made past controversial statements, including advocating for the displacement of Palestinians. “We shouldn’t be marching with war criminals,” Lander said.
However, Lander announced he would not attend the parade before it was publicly known that Smotrich would participate in the event, and shortly after Mamdani announced that he too would skip. Smotrich’s appearance drew little attention during the march itself. The Israeli minister joined the march at East 63rd Street along the route and walked primarily with a delegation of Knesset members. His participation sparked backlash afterward, with prominent Democrats condemning his appearance and critics of Israel excoriating Democratic elected officials who marched along the same route.
In an interview on Monday, Mamdani said he’s “offended” by the participation of Smotrich, saying he represents “a vision of annihilation, a complicity in genocide, and frankly a belief that does not have much value for even the sanctity of children in Gaza.”
Goldman defended his march. “I was unaware” of Smotrich joining the parade, he said. “And I am incredibly disappointed that that occurred.”
Israel appeared again in the cross-examination period, with Goldman asking Lander to explain why he left the Democratic Socialists of America after Oct. 7, 2023 — with Lander citing a “heinous” rally DSA promoted on Oct. 8 cheering on the attacks.
In the debate Lander emphasized his support for Israel as a Jewish state that is also one where Palestinian rights thrive.
In remarks on Sunday, ahead of the parade, Goldman spoke about the stakes of the race in an appeal to Jewish voters. “It’s a difficult time for many of us, but what we need is more than anything is moral clarity,” Goldman said at the Met Council annual legislative breakfast. “We need to stand for what we believe in, and I will do that right through the tape with the support of many of you.”
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Canada ‘is failing Jewish Canadians,’ prime minister says as he unveils effort to address antisemitism
(JTA) — Canada’s prime minister Mark Carney announced on Monday a new government body to combat racism, saying its first priority would be tackling antisemitism.
Carney addressed Canada’s surge in antisemitic hate crimes during a speech at Holy Blossom Synagogue, Toronto’s oldest Jewish congregation. He said the government had to “start with clearly admitting that Canada’s civic compact is failing Jewish Canadians.”
Carney referenced the wave of attacks on Canadian Jews since Oct. 7, 2023, including bullets fired at synagogues and Jewish schools and attacks on Jewish businesses, community centers and Holocaust memorials.
Over two-thirds of the country’s religion-motivated hate crimes last year were directed at Jewish Canadians, who make up only 1% of the population, he said.
Carney said the government was responding by launching the Ministerial Advisory Council on Rights, Equality, and Inclusion, with the mission of advising Canada’s government on combating all forms of hate.
“I am directing that the first responsibility of that council is to address antisemitism,” he said.
The council will be chaired by the Minister of Canadian Identity and Culture, Marc Miller. Carney also announced that Marc Gold, a lawyer and Jewish community leader who retired last year from the Senate of Canada, will join the council.
Carney said the council will be tasked with reassessing the nature, scale and drivers of antisemitism, developing a whole-of-government approach to align federal policies and public safety programs, improving the collection of data on hate incidents, and measuring the impact of government efforts.
Several Jewish organizations are likely to be disappointed that Carney’s announcement did not include more sweeping enforcement measures against antisemitism.
Rich Robertson, the director of research and advocacy at B’nai Brith Canada, said the speech was a “missed opportunity.” The organization was advocating for a task force that could respond immediately to antisemitic incidents and a commission of inquiry to identify their root causes, he said.
“We were hoping for true tactical changes that could positively be actioned to change the lived experience of Jewish Canadians, and unfortunately, that is not what we received today,” Robertson told the Jewish Telegraphic Agency.
Pressures on Carney were mounting ahead of the speech. The Centre for Israel and Jewish Affairs, an advocacy arm of the Jewish Federations of Canada, pushed for him to strengthen law enforcement.
“Government and law enforcement must address the drivers of this crisis, including radicalization, promotion of terrorism, and terrorist entities operating here in Canada,” CIJA said in a statement shortly before Carney’s address.
The group added, “The Prime Minister has an opportunity to set the tone from the highest office to make clear that nothing can justify the hatred, intimidation, and violence Jewish Canadians are experiencing and that every tool at the government’s disposal will be used to confront it.”
Carney’s messages about Israel, Gaza and antisemitism have divided Jewish voters. In September, he led Canada to officially recognizing a Palestinian state. He said in October that he would fulfill the commitment of his predecessor, Justin Trudeau, to arrest Israeli Prime Minister Benjamin Netanyahu if he visited Canada. (The International Criminal Court issued an arrest warrant against Netanyahu for alleged war crimes and crimes against humanity in Gaza in 2024.) Last week, he spoke with Israeli President Isaac Herzog about the experiences of Canadians detained after trying to sail to bring aid to Gaza.
But Carney, the leader of Israel’s Liberal Party, has also introduced public safety legislation supported by national Jewish organizations, including CIJA and B’nai Brith Canada. Most significant among them is Bill C-9, which would strengthen Canada’s criminal code by creating new offenses for intimidation and obstruction at houses of worship, schools and community centers used by religious groups.
That bill has also faced backlash from free speech advocates, including both Jewish conservatives and progressives. Pro-Palestinian Jewish groups say that it would wrongly criminalize protesting against events like real estate sales for Israeli settlements in the West Bank if they take place in synagogues.
Carney appeared to acknowledge those criticisms in his announcement of the new ministerial council.
“I want to be clear about what these measures are and what they are not,” he said. “They are not curtailments of freedom of expression. They are not constraints on legitimate criticism of any government on any subject anywhere. But they are the basic standards we owe one another in our shared public institutions.”
This article originally appeared on JTA.org.
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