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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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Mahmoud Khalil’s reassurances are bad for Jews but even worse for Palestinians
In his recent interview with the Forward, prominent Palestinian activist Mahmoud Khalil attempted to address claims that he’s an antisemite, that he supports Hamas, and that as a leader of Columbia’s anti-Israel encampments he helped foster hostility towards Jewish students and Jews generally.
Khalil says he’s offended by such claims, but by refusing to say whether Hamas deliberately targeted civilians on Oct. 7, confirmed by both Amnesty International and Human Rights Watch, how is he not providing coverage for Hamas?
The Forward attempts to present Khalil as a pragmatic moderate. But someone who can’t confirm what human rights investigators documented about the worst massacre of Jews since the Holocaust is not offering any real reassurances. Instead, he is only offering a performance.
An even deeper problem with Khalil is not what it means for Jews, but what it does to Palestinians. I say this as someone who has spent time in places where the gap between rhetoric and reality gets people killed.
In 2004, I was a young Marine officer building one of the first successful Iraqi military units in Iraq’s restive Al Anbar Province. My soldiers were mostly Shia, and many bore marks of torture from Saddam Hussein’s prisons, including scars and missing fingers.
One evening, I was watching the news with my Iraqi officers. We watched reports of Israeli tanks pushing into Gaza. I braced for anger and protests and was shocked when they started cheering for the Israelis. One of them quickly explained to me that Saddam had used the Palestinian cause to distract from his own atrocities at home. His support and alliance with Yasser Arafat and other Palestinian leaders was not out of solidarity, but rather as a tool of domestic control. My Iraqi soldiers had paid the price.
After leaving the Marines I visited Lebanon and Jordan, while working to help many of our translators we had left behind. During these visits, I walked through Sabra and Shatila, where Lebanese militias massacred hundreds, possibly thousands, of Palestinian civilians in 1982. I visited refugee camps in Jordan, not tents but cities, brick and mortar, generations deep, people suspended in political amber while the leaders who claimed to speak for them extracted whatever use they could.
During these visits, it was hard not to conclude that Palestinian suffering had been prolonged not only by Israel, but by a regional order that finds Palestinian statelessness useful. Khalil’s vision fits that order perfectly. It offers Palestinians justice in theory, but in reality only guaranteeing them decades of more suffering and tragedy. The people who benefit are not Palestinians in Gaza, but those who have built careers on book deals, speaking fees and endowed chairs on a cause they have no interest in resolving.
The brutal, tragic, and awful reality is that there is not a nation-state on Earth, maybe other than Iceland, that was not created through conflict and displacement. Throughout the Americas, it was the catastrophe that befell indigenous peoples, swept aside by European settlers over centuries of conquest and disease. Most of Western Europe’s borders hardened through revolution and the violent suppression of regional identities. Poland was erased from the map for a hundred years, then reconstituted after two world wars through mass population transfers that uprooted millions. The partition of India and Pakistan in 1947 displaced 15 million people and killed up to two million more. China’s borders were drawn through civil war, revolution, and the subjugation of non-Han peoples.
Every post-Ottoman Arab state, Jordan, Syria, Lebanon, Iraq, was created by European colonial powers drawing lines through tribal and sectarian areas with indifference to the consequences that are still felt today. The entire modern state system is built on this foundation: land taken, people moved, suffering endured, and eventually, when both sides accepted finality, a durable peace.
Either Khalil believes every nation-state on Earth should be dismantled, or he is applying a standard that exists for Jews and Jews alone. The entire Arab world spans 13 million square kilometers and nearly half a billion people. Israel barely covers 22,000 square kilometers and is home to only 7 million Jews. Khalil doesn’t call for the dissolution of Jordan, doesn’t demand China answer for Tibet, or push for the right of return for millions of Hindus and Muslims displaced by the partition of India and Pakistan. He saves that demand for the one Jewish state on Earth, a nation smaller than New Jersey, surrounded by a region that has tried to destroy its people repeatedly. This is antisemitism through the vocabulary of liberation.
Look at where peace has actually come from. Northern Ireland’s Troubles killed thousands over 30 years, a conflict soaked in ancient grievance, religious identity, and competing claims to land and sovereignty that each side considered non-negotiable. It ended not when one side achieved its maximal demands, but when the Good Friday Agreement gave both communities something short of victory and something better than war. Unionists did not get the permanent British Ulster they wanted. Republicans did not get the unified Ireland they had fought and died for. They got a future. In the Balkans, a decade of wars that produced ethnic cleansing, mass atrocity, and the worst European violence since World War II finally yielded to exhaustion and the hard work of partition and negotiated borders. The map that emerged was not just. It was livable. That distinction, between justice as an absolute and peace as a possibility, is the one Khalil refuses to make.
Khalil’s vision has been tried, in different forms and different names, for 70 years. It has not produced peace. It has produced more of exactly what he says he wants to end.
The only path forward is the one he refuses: two peoples, two states, a future neither side fully wants, but both can live with. Everything else is a jobs program for people who profit from the conflict, paid for in Palestinian lives.
His reassurances are hollow to Jews. They are fatal to Palestinians.
The post Mahmoud Khalil’s reassurances are bad for Jews but even worse for Palestinians appeared first on The Forward.
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Jonah Hill’s cancel culture dramedy makes an antisemitism exception — all about Kanye
Ye, the rapper formerly known as Kanye West, is having an interesting April.
Fans are hailing his new album Bully as a return to form. (Critics are more mixed.) He reportedly made $33 million from two sold-out shows in Los Angeles, but he was also banned from entering the U.K. owing to a pressure campaign by Jewish groups over a scheduled headlining performance at the Wired music festival, even as the artist, who recently attributed his antisemitic behavior to a brain injury and bipolar disorder, offered to have “meet and listen” sessions with the Jewish community.
On top of this mixed reception, add a movie premiere. Ye has a memorable cameo in Jonah Hill’s new AppleTV+ film The Outcome, about an A-list actor’s teshuvah tour. And that moment has something to say about what to do with the artist’s outbursts.
Hill’s character, a crass crisis lawyer named Ira, assembles a dream team to protect his client, Reef Hawk (Keanu Reeves), who is awaiting the release of an incriminating video. The nature of this video is unknown beyond its potential to derail his comeback after a five-year sabbatical to treat a secret heroin addiction. Among Reef’s potential defenders are a Gloria Allred-style lawyer (Laverne Cox), a Black minister legendary for his work on civil rights (Roy Wood Jr.) and an ambassador from the Asian-American community (Atsuko Okatsuka). Ira notes someone missing from the mix, one “Moshe, from the Antisemitism Committee,” perhaps a poorly-named stand-in for the ADL.
“We ran the numbers,” Ira’s assistant says by way of explanation. “It turns out that hating Jews doesn’t negatively affect a person’s career. In fact, it could help.”
And we cut to a black-and-white headshot of Ye, occupying the whole screen.
Hill explained this choice in an interview with TMZ, saying the scene wasn’t just there to score a cheap shot at Ye, who publicly (and compellingly) apologized in an ad in the Wall Street Journal in January.
“In the midst of all this Jew stuff, he did Instagram a picture of me in the 21 Jump Street poster,” Hill recalled. “And he said something along the lines of ‘I don’t hate Jews anymore because I love Jonah Hill.’”
“Me and him got no beef,” Hill continued.” I just put that in there like, ‘Yo, you’re gonna f—ing put the 21 Jump Street poster up there and say you don’t hate Jews anymore. That’s pretty wild. I’m gonna put a picture of you saying that like, hating Jews helps your career.’”
Clearly a sight gag and a bit of an inside joke. But is it true?
Running my own numbers, and not even accounting for this last week of ups and downs, Ye took a major hit to his net worth when he lost his Adidas partnership, backsliding all the way from billionaire to mere multimillionaire. Fans still turn up for Ye, and some even seem to like what I’ll call his Hitler catalogue. That said, it’s hard to imagine him making a full recovery, once again gracing the stage at the Grammys or headlining a major festival or getting a shot at the Super Bowl halftime show.
The difference between Ye’s transgression and that of others is instructive. There’s plenty of arguable antisemitism in the case of celebrities whose pro-Palestinian advocacy has crossed the line into something unsavory. Rappers Bob Vylan of “death, death to the IDF” fame and Kneecap, who chanted “up Hamas, up Hezbollah,” come to mind. They have had their own brushes with cancellation and been denied visas because of their antics — but also strong support from those who believe they are simply speaking up for Palestinians. The ascendancy of Israel conspiracies, echoing age old canards, has recently produced an odd coalition between pundits on the far-left and far-right, and hasn’t put a dent in their audience.
(Hill, though Jewish, was accused of dabbling in Jewish stereotypes his last film, You People, and he will likely get some flack for this movie, both for his character — a kind of grubby fixer who calls his client “Bubbie” — and for a joke where Man’s Search for Meaning is referred to as “the most lit Holocaust book.”)
Even in this environment, Ye is toxic for mainstream consumption, because when he went “death con 3” on the Jews, his words had no agenda beyond delusion-fueled animus about Jewish control of the media. Ye’s awareness of the Middle East was best expressed on the occasion he used a fish tank net and Yoo-hoo bottle to represent the Israeli prime minister. Vylan and Kneecap’s slogans are more subtle and plausibly deniable than one of Ye’s latest tracks, literally called “Heil Hitler.”
There was no hedging it, try as Candace Owens might. It was Jew Hate Classic, the original recipe. And it wasn’t, in the case of Mel Gibson, a pattern that emerged over relatively wide gaps of time with only one incident widely known to the general public. It was an endless, often marathon torrent of invective and odd tangents care of an unmedicated bipolar insomniac. It went on for months. Then died off. Then came back swinging in the form of an album the concept of which could, charitably, be defined as spiritually Hitlerian.
The sheer concentration of vitriol seems like proof that the outburst was the result of a manic episode, which could afford the rapper some grace. Instead, he now lives in a liminal space between relevance and punchline. This strain of antisemitism doesn’t boost careers — yet — but the man behind it can sell out stadiums in spite of it.
All the while, the question of what to do with Ye’s mental health, and how it factors into his cancellation makes him a conundrum, even if it should by rights be a better excuse than Mel Gibson’s squad car in vino veritas. (Gibson is mentioned in the film, in the context of a poppers-related Weekend at Bernie’s scenario, not his own scandal.) Before we render a judgment, we need commitments he won’t repeat his tirades and so continue to influence looksmaxxers, incels and their overlapping Venn Diagram of Nazi revivalists.
Hill’s belief that Ye’s antisemitic streak was good for business is symptomatic of something fundamentally off with the director’s treatment of cancel culture. It feels out-of-touch even — or maybe because — it draws from experience. Hill himself was the victim of cancellation some years ago, when his ex leaked texts in which he weaponized “therapy talk.” Hill’s project, with a cast that includes Reeves, Van Jones, Martin Scorsese, Drew Barrymore and a rare appearance from Cameron Diaz, is itself proof of how not all cancellations are created equal or indefinite.
The Outcome is in tension with itself, part Hill’s version of Don Henley’s “Dirty Laundry” and Seth Rogen’s The Studio, part earnest penance that may or may not be coming from the director-writer himself.
One of the lines, delivered by Reef’s reality star mother (soap opera icon Susan Lucci), as a crew films their rapprochement for Bravo, sums the film up nicely: “Just because it’s performative doesn’t mean it’s not the truth.” We’ll have to take her word for it.
When it comes to Ye, there is some truth that antisemitism alone can’t crater a career — with the exception of lesser talents, it never could. We need not wonder how it has affected Ye’s popularity with Hill, who cited him on TMZ as “probably the greatest artist whoever lived.”
As Ira departs the film, we see his bumper sticker: “Honk if you can separate the art from the artist.” Hill would blow out the horn, and hopes you might too.
Jonah Hill’s The Outcome debits April 10 on AppleTV+.
The post Jonah Hill’s cancel culture dramedy makes an antisemitism exception — all about Kanye appeared first on The Forward.
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Dollar Struggles to Rebound as Fragile US-Iran Ceasefire Keeps Markets Wary
U.S. $100 bills. Photo: Wikimedia Commons.
A fragile calm reigned across currency markets on Thursday as traders kept their eyes fixed on whether the ceasefire between the US and Iran would hold, a day after its announcement sent the dollar tumbling across the board.
The deal appeared to be on thin ice, as Israel bombed more targets in Lebanon, and there was no sign Iran had lifted its blockade of the Strait of Hormuz, which has caused the worst disruption to global energy supplies in history.
Iranian negotiators were expected to set off later on Thursday for Pakistan for the first peace talks of the war, but Tehran said there would be no deal as long as Israel was striking Lebanon.
President Donald Trump said all US ships, aircraft, and military personnel would stay in place in and around Iran until it fully complied with a deal.
The uncertainty left currency markets on edge.
The euro was up 0.17 percent at $1.1683. It had gained 0.6 percent on Wednesday, but retreated late in the day having touched a one-month high of $1.1721 earlier in the session.
Sterling similarly was 0.21 percent higher at $1.342, after gaining 0.77 percent on Wednesday, but retreating from as high as $1.348.
Meanwhile, the Japanese yen lost some ground, with the dollar up 0.3 percent at 159.055 yen, having briefly dropped below 158 on Wednesday.
With the Strait of Hormuz closed, “the entire ceasefire remains tenuous,” said Derek Halpenny, head of research global markets EMEA at MUFG. But, he added, “while the US dollar has rebounded, the moves in general have been modest.”
He said the fact that further talks scheduled in Pakistan were still going ahead was keeping any retracement of Wednesday’s moves in check.
Elsewhere, new personal spending data released on Thursday showed that US inflation increased as expected in February and likely rose further in March amid the war with Iran, a trend that is expected to discourage the Federal Reserve from cutting interest rates for a while.
The personal consumption expenditures price index climbed 0.4% after an unrevised 0.3 gain in January, the Commerce Department’s Bureau of Economic Analysis said on Thursday.
Japan’s consumer confidence worsened in March for the first time in three months, a government survey showed on Thursday, adding to a recent string of data pointing to the potential economic hit from the Middle East war, which would complicate the Bank of Japan’s rate-hike decision. The yen showed little reaction to the data.
Speaking in parliament, BOJ Governor Kazuo Ueda said real interest rates were clearly negative and were keeping the country’s financial conditions accommodative.
Other currencies were also broadly steady. The Australian dollar was 0.15 percent higher at $0.7054, while the New Zealand dollar was 0.46 percent higher at $0.585. In cryptocurrencies, bitcoin was last down 0.97 percent at $70,680.