Uncategorized
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.”
—
The post As jury launches deliberations in Pittsburgh synagogue massacre, defense concedes shooter’s hatred of Jews appeared first on Jewish Telegraphic Agency.
Uncategorized
Debating Zionism is good for Jews, actually
A group of Jewish Theological Seminary students were furious with the chancellor’s position on Jewish statehood. In protest, they draped flags around campus before graduation, which the administration removed before the ceremony.
The year was 1948. The flags were Israeli. And the dissenting students were protesting Chancellor Louis Finkelstein’s refusal to make support for Jewish statehood part of academic commencement. Some students even arranged for the bells at nearby Union Theological Seminary to play “Hatikvah,” the Israeli national anthem, after JTS officials declined to include it in commencement.
As a historian of American Zionism, I have been thinking about that episode while reading the many vitriolic reactions to a few JTS undergraduates who spoke out in opposition to the seminary’s decision to welcome Israeli President Isaac Herzog as this year’s graduation speaker. Once again, a JTS commencement has become a battleground over Israel, but the sides are now reversed.
Reasonable people can disagree about whether this was the right moment to extend an invitation to Herzog to speak at commencement. What deserves attention is the outraged reaction to a group of students raising objections, and the speed with which those students’ concerns have been cast as a deviation from the historical contours of mainstream American Jewish politics.
A recent Times of Israel blog post, for example, argued that the mere fact that JTS students raised concerns about Herzog was a rupture with Judaism. “Jewish survival without sovereignty is fragile,” wrote the author, Menachem Creditor, adding that “the founders of JTS did not need to debate the necessity of Jewish self-determination,” and that Herzog “represents the state of Israel and the Jewish people.”
These claims erase JTS’s long and sophisticated engagement with Jewish nationalism and the conception of Jewish peoplehood. Reading American Zionism backward risks collapsing peoplehood and statehood, and creating traditions to ratify present assumptions out of a past that never existed.
The relationship between Zionism and JTS was nuanced from the start. Both founding president Sabato Morais and the seminary’s third chancellor, Cyrus Adler, opposed Zionism on religious grounds. Morais believed the restoration of Jewish sovereignty could only come through divine intervention at the dawn of a messianic era. Adler thought of the growth of a non-religious community in the land of Israel “as the greatest misfortune that has happened to the Jews in modern times.”
Solomon Schechter, as chancellor, brought a measure of support for the Zionist movement to JTS; shaped by the cultural Zionism of Ahad Ha-am, Schechter insisted that Zionism transcended statehood. Its primary aim, he argued, was the national regeneration of global Judaism, not the creation of a secular state that would hollow out Jewish life from within.
And the controversies over the 1948 graduation exercises revealed how far Louis Finkelstein stood from political Zionism, even after the establishment of Israel. Where some Zionists celebrated sovereignty, Finkelstein remained focused on the Jewish character of the land and its people. That orientation drew him toward Judah Magnes’s binational vision — that of a federated framework in which Jews and Arabs would each hold recognized rights and a measure of national autonomy within a single shared political entity.
This reticence to conflate Judaism, Zionism and Jewish sovereignty was not limited to the seminary’s chancellors.
Henrietta Szold, JTS’s first female student, a central figure in its intellectual orbit, and the founder of Hadassah, similarly supported a binational vision from her new home in Jerusalem. Mordecai Kaplan — a longtime JTS faculty member, committed Zionist, and one of the most influential American Jewish thinkers of the 20th century — expressed concern throughout his career about the mistake of equating Jewish nationhood with Jewish statehood. In Judaism as a Civilization, he called for a “more ethical conception of nationhood fundamentally as a cultural rather than as a political relationship.”
After Israel’s founding, Kaplan went further, arguing to David Ben-Gurion in 1958 that “the basic assumption that the state of Israel is a Jewish state is itself open to question.” The Israeli government’s task, he insisted, was to establish “a modern state, not a Jewish state, an Israeli state, not a Jewish state.”
These questions did not disappear even as JTS evolved under new leadership.
Gerson Cohen, whose chancellorship beginning in 1972 marked a shift toward a more pro-statist posture, embraced the state’s significance for Jewish life and identity in ways his predecessors had not. Yet even Cohen insisted that commitment to Judaism must rest “not on political statehood or upon geography but solely on the idea of covenant and commitment to ethos.” He argued that a flourishing diaspora was a necessity for Jewish civilization as a whole, not adjunct to Israeli interests.
His successor, Chancellor Emeritus Ismar Schorsch, was more direct, saying in a recent warning that Jews must ensure that “Judaism qua religion is not submerged and shredded by the power of the Jewish state.”
One can disagree with any of these perspectives. In fact, the disagreement itself is the point.
The leaders who built JTS debated Jewish self-determination, Zionism and statehood while living through the Holocaust, the collapse of European Jewish life, existential danger in Palestine, and the precarious birth of the state of Israel. They were not naïve about antisemitism, indifferent to Jewish survival, or ignorant of Jewish sources. Nor were they unsophisticated about Zionism.
Instead, they offered a more demanding account of Zionism: one that affirmed a Jewish homeland and insisted that Jewish power remain answerable to Jewish ethics, all without diminishing Jewish life in the diaspora.
This is precisely the perspective that has been crowded out of our contemporary discourse, not because these questions were answered, but because the space to ask them has collapsed. As the boundaries of acceptable Zionist discourse have narrowed, issues that arose from within Zionism itself — the potential dangers of equating the Israeli state with the Jewish people, the risks of elevating political statehood above other ethical and communal commitments, and the need to have diaspora Jewish life be seen as carrying independent religious and moral weight — have come to be treated as anti-Zionist rather than part of a living internal debate.
The furor over the JTS undergraduates’ letter objecting to Herzog is a troubling sign that, across American Jewish life, it has become harder to think honestly about the risks of treating support for the state of Israel not merely as a Jewish commitment, but as one that takes precedence over other all other Jewish commitments. When the past is rewritten so that the equation of peoplehood and statehood appears inevitable, American Jews are left with a false choice: either embrace the state as an unquestioned and unquestionable expression of Jewish identity, or abandon Jewish life altogether.
JTS has offered its students a richer education because, in its halls, the relationship between the Jewish people and the Jewish state has been debated and contested. That discourse is not a failure of Jewish commitment, but an expression of it. The sustained engagement with the hardest questions of Zionism is one of the best things JTS has given American Jewish life, and one of the most important gifts it still has to offer.
The post Debating Zionism is good for Jews, actually appeared first on The Forward.
Uncategorized
ICC Prosecutor Karim Khan Sidesteps ‘Genocide’ Accusations Against Israel
International Criminal Court Prosecutor Karim Khan speaks during an interview with Reuters in The Hague, Netherlands, Feb. 12, 2024. Photo: REUTERS/Piroschka van de Wouw
Karim Khan, the embattled chief prosecutor of the International Criminal Court (ICC), has cast fresh doubt on accusations that Israel committed “genocide” in Gaza, arguing in a new interview that no legal conclusion has yet been reached in the ongoing legal battle.
In a lengthy interview with anti-Israel journalist Medhi Hasan this week, Khan refused to engage in the popularized rhetoric labeling Israel’s military campaign against Hamas terrorists in Gaza as genocidal, even as pressure mounts on the ICC by activists to pursue more sweeping charges against Israeli officials.
When asked directly whether Israel’s conduct amounted to genocide, Khan emphasized the need for sufficient evidence to level charges against Israeli officials and that prosecutors must follow evidence and legal standards rather than political narratives.
“So, you’re not ruling out that there could be a warrant in the future?” Hasan asked.
“Everything is a function of evidence,” Khan responded, arguing that accusing Israel of genocide for political purposes would be “reckless.”
“You’re saying in the past three years there hasn’t been evidence of genocide in Gaza?” Hasan asked, visibly flummoxed.
Khan lamented the “suffering” in Gaza but reaffirmed that the ICC could not proceed in making final judgements about the nature of Israel’s military operations in Gaza without sufficient evidence. He asserted that officials within the ICC are vigorously analyzing the case and that he cannot reveal more about the nature of the investigation.
“So, genocide is not off limits?” Hasan pressed.
“No crime is off limits if the evidence is there,” Khan responded.
Khan has come under fire for making his initial surprise demand for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant, on the same day in May 2024 that he suddenly canceled a long-planned visit to both Gaza and Israel to collect evidence of alleged war crimes. The last-second cancellation reportedly infuriated US and British leaders, as the trip would have offered Israeli leaders a first opportunity to present their position and outline any action they were taking to respond to the war crime allegations.
Nonetheless, Khan’s latest remarks are likely to reverberate through international legal and diplomatic circles, where the genocide accusation has become one of the most contentious aspects of the war between Israel and Hamas. Over the past two years, an array of humanitarian organizations and human rights experts have accused Israel of “genocide” in Gaza. These accusations have been controversial and widely contested, with critics alleging these groups and individuals lack sufficient evidence.
Khan’s comments come as the ICC faces intense scrutiny over its investigation into the conflict. In November, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defense minister, Yoav Gallant, and now-deceased Hamas terror leader Ibrahim al-Masri (better known as Mohammed Deif) for alleged war crimes and crimes against humanity in the Gaza conflict. The ICC said there were reasonable grounds to believe Netanyahu and Gallant were criminally responsible for starvation in Gaza and the persecution of Palestinians — charges vehemently denied by Israel, which has provided significant humanitarian aid into the war-torn enclave throughout the war.
US and Israeli officials issued blistering condemnations of the ICC move, decrying the court for drawing a moral equivalence between Israel’s democratically elected leaders and the heads of Hamas, the Palestinian terrorist group that launched the war in Gaza with its massacre across southern Israel on Oct. 7, 2023.
Israel says it has gone to unprecedented lengths to try and avoid civilian casualties, noting its efforts to evacuate areas before it targets them and to warn residents of impending military operations with leaflets, text messages, and other forms of communication.
Another challenge for Israel is Hamas’s widely recognized military strategy of embedding its terrorists within Gaza’s civilian population and commandeering civilian facilities like hospitals, schools, and mosques to run operations and direct attacks.
The ICC has no jurisdiction over Israel as it is not a signatory to the Rome Statute, which established the court. Other countries including the US have similarly not signed the ICC charter. However, the ICC has asserted jurisdiction by accepting “Palestine” as a signatory in 2015, despite no such state being recognized under international law.
Genocide is among the most difficult crimes to prove under international law because prosecutors must establish specific intent to destroy, in whole or in part, a national, ethnic, racial or religious group.
Hasan, one of the most prominent anti-Israel critics in media, has spent the past two years unleashing an unrelenting barrage of criticism against the Jewish state, repeatedly accusing the Israeli military of pursuing a “genocide” in Gaza.
In the interview, Khan also forcefully denied allegations of sexual misconduct that have engulfed his office in recent months, accusing critics of politicizing the claims amid the ICC’s high-profile investigations into Israel, Russia, and other global conflicts. He dismissed suggestions that his pursuit of Israeli leaders was intended to distract from the allegations against him, saying that he did not have evidence to substantiate the claim.
Khan further alleged that senior Western officials attempted to pressure the ICC over its investigation, including what he described as warnings from prominent American and British political figures about the geopolitical consequences of targeting Israeli officials.
The ICC’s investigation has placed the court at the center of an increasingly bitter international divide over the Gaza war. Khan’s comments won’t settle the debate, but the ICC prosecutor appeared to signal a more cautious legal approach than some of Israel’s fiercest critics have demanded.
Uncategorized
UK Police Charge Two Men in Connection with Filming Antisemitic TikTok Videos
The TikTok logo is pictured outside the company’s US head office in Culver City, California, US, Sep. 15, 2020. Photo: REUTERS
British police have charged two men with religiously aggravated harassment offenses after they were alleged to have traveled to a Jewish area of north London to film antisemitic social media videos.
The two men, Adam Bedoui, 20, and Abdelkader Amir Bousloub, 21, are due to appear at Thames Magistrates’ Court, a statement from the Crown Prosecution Service said on Saturday.