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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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In David Baerwald’s epic tale of espionage and wartime horrors, family history is stranger than fiction
“When I started out writing this book, my model wasn’t James Clavell,” David Baerwald said with a laugh, as he paused for a smoke break at a waterfront picnic table in his current hometown of Kingston, New York. “It was more like Bernard Malamud, or something; it was this kind of interior, depressing thing about a family coming to grips with its crimes — the hazards of epigenetic traumatic memory in a family, and what it does to people. It was a much more personal tale, you know? I wasn’t really thinking of this huge, swashbuckling thing.”
The Fire Agent, Baerwald’s debut novel, is indeed a huge, swashbuckling affair, an epic, massively entertaining and often gut-punchingly horrifying tale of international espionage spanning four continents, two world wars and countless collisions between heartfelt idealism and the harsh realities of human behavior over its 600 pages. Though some of its characters and most of its conversations are fictional, The Fire Agent is firmly grounded in actual historical events and figures both well-known and obscure — some of which are truly stranger than fiction.
“I would not have dared to make up most of this,” Baerwald said with a shrug. “Some of the characters are so over-the-top, they’re like super-villains from a Bruce Lee movie or Get Smart. The Black Dragon Society? Treasure hoards of Chinese gold? That all sounds ridiculous, like something out of Terry and the Pirates, or fucking Indiana Jones. But it all happened! I really wanted to provide people with clues, so that they could look into the actual history, because I found it so interesting.”
Much of The Fire Agent’s plot is based around the life and career of Ernst Baerwald, the author’s actual grandfather, a German Jew who spent several decades in Japan — ostensibly working as a liaison for the German chemical conglomerate IG Farben, though the position served as cover for his extensive and deeply impactful espionage activities on behalf of the German (and later the United States) government. Long dead by the time his grandson was born in 1960, Ernst rarely came up in family conversation. “He went largely unrecognized in his lifetime,” said Baerwald. “Nobody ever really talked about him, and from what people would tell me about my grandfather, I had the impression that he was this kind of bum that sold ink on the streets in Tokyo. I had no idea that he’d led this crazy life!”
It wasn’t until about eight years ago, when Baerwald was cleaning out his parents’ wildfire-threatened West Los Angeles home, that he got an initial glimpse at Ernst’s actual occupation. “There were two boxes with a bunch of his papers that were in his office when he died,” Baerwald said. “They’d just been packed up and put away and buried under, like, 1960s-era skis and gardening equipment. In fact, I was gonna throw them away without looking at them; I was like, ‘Well, I’ve lived long enough without them.’ But this woman that was working with me, archiving the things in the house, she was like, ‘Well, let’s have a look.’”
Along with Ernst’s diaries and letters, Baerwald found maps and photographs of Japan, a Samurai sword and a miniature spy camera from the 1930s, and a speech that his grandfather had given to a U.S. government-run spy school in San Francisco in 1943. “I realized that there was, in fact, a huge story here that I needed to uncover,” Baerwald recalled. “That speech to the spy school was really the map to a huge portion of what I was soon to be researching. I didn’t know where it would take me, I didn’t know what it was for; I just knew that that was what I had to do, and suddenly that became my only thing in life.”
Baerwald is singer-songwriter, multi-instrumentalist and film and TV composer best-known for Boomtown, his platinum-selling 1986 album by David & David, his duo with musician and producer David Ricketts, as well as his Golden Globe-nominated song “Come What May” from the Moulin Rouge! Soundtrack. His songs have been recorded by such disparate luminaries as Waylon Jennings, Sheryl Crow, Susanna Hoffs, Fishbone and Olivia Newton-John, but Baerwald said that writing a novel felt surprisingly natural for him.
“My first role was research, not writing,” he said. “But I did write some scenes just to see if I could do it, to see if I could actually write longform without meter or rhyme schemes, and it was like stepping into a warm, welcoming seat. You can get to feeling pretty claustrophobic as a songwriter; I’d accumulated a lot of rules for myself over God knows how many decades of doing that, just to survive — practices that I had acquired, mindsets — and I was happy to let them go, frankly. And I realized that there were a lot of things that I learned from not just lyric writing, but composition, that applied to writing a novel. When you’re composing for monophonic instruments like flutes or strings, they play the chords together as a group, but they’re each playing individual lines; and when you’re structuring complicated human interactions, that kind of muscle memory is really handy.
“To me, plots are like chord changes,” he continued. “They’re signifiers for change, but the real change is happening within the chord. It’s actually like a thousand minnows swimming in vaguely the same direction, rather than these monolithic events that proceed one after the other; there’s always a certain individuality in their movement. So if you think about characters like, ‘Here’s the cello section, and here’s the percussion,’ or whatever, it enables you to structure these sort of complicated scenes where everybody’s got some agenda, and everybody’s got their own melody that they’re singing.”
And as Ernst’s improbably cinematic life gradually unfolded for Baerwald through the diaries and correspondence of his grandfather and other family members (including Baerwald’s father Hans, who taught political science and Japanese studies at UCLA for 30 years), the plot of The Fire Agent fell into place. “I didn’t really need to outline the plot, because I already had the outline. It was his life — and it was like, ‘Wherever he goes, I go,’” he said with a laugh. “I just did research along the way to find out what he was doing and what was happening around him. Whether there’s a huge earthquake or whether there’s a plague or whether there’s a war, it kind of gives you the plot point, right there.”
Far more challenging for Baerwald was dealing with the “emotional rollercoaster” of researching the many soul-crushing horrors that his grandfather witnessed (and, in some cases, was directly involved in) as a soldier, citizen and spy. “I would find myself just weeping more than once,” he said. “You just find yourself coming across these artifacts that really take you into the historical moment, and it’s really powerful. I remember I was in the rare books library at Columbia, looking at my uncle’s papers, and there was a letter from one of the soon-to-be-dead fighters during the Lublin Massacre, and it’s 28 pages of just savagery. So I’m sitting there, reading the details of this doomed-yet-heroic effort, and I feel this little tap on my shoulder, and this girl says, “Excuse me, Sir, I’m sorry — there’s no crying on the manuscripts.’”
Indeed, one of the major themes running through The Fire Agent is mankind’s innate ability to solve a major problem while creating even worse ones with the solution. Early on in the story, Ernst is present at the unveiling of the Haber-Bosch process, the revolutionary industrial development which enabled man to produce synthetic ammonia on a grand scale — a discovery which then allowed the industrial synthesis of nitrogen fertilizers, which were desperately needed by farmers across the globe at the beginning of the 20th century. Unfortunately, while this discovery saved humanity from worldwide famine, the industrial-scale production of ammonia and ammonium nitrate also resulted in tremendous carnage on the battlefield and elsewhere.
“I knew that there was going to have to be some reference in the book to the transformation from life-giving fertilizers to life-taking gunpowder and phosgene gas,” said Baerwald. “The Haber-Bosch process has made the lives of the probably 7 billion people alive today possible, but it’s bleached the coral in the ocean, and the high-pressure tests that emerged from it ultimately fueled the Nazi air force and tanks and trucks…
“There are a lot of scientists in my family,” he said, “and one of them said something to me once that I put in Albert Einstein’s mouth in the book: ‘Look at us — we’re in the dreamiest of sciences, astrophysics, and what are we doing? We’re making missile trajectories and warheads.’ And that’s been a kind of a refrain in my family for my whole life, this awful feeling of being trapped in a sociopathic system that takes everything beautiful and turns it into a weapon somehow, that takes brotherhood and camaraderie and turns it into teams and armies, and takes love and turns it into prostitution.
“One of the reasons I chose the music business was that I didn’t want to be part of all that. I thought, ‘Even at its very worst, at least I’m not making weapons!’” Baerwald said. “But apparently, I am! Ultimately, the record companies started merging with multinational corporations who made fucking nuclear weapons, and now Spotify has gobbled up all my friends’ livelihoods and is investing in AI weapons. You can’t get away from this shit!”
Though he’s currently busy promoting The Fire Agent, Baerwald says that a sequel is already in the works, one which will include material cut from the first novel. “I’ve been like a guy chasing a piece of paper across a windy field for like seven years,” he said. “The full story was always just slightly out of reach — for the 600 pages that I ended up with, I wrote probably 1400. I wanted to take The Fire Agent up to 1980, but I realized that there was no way I’d physically able to do it; I honestly thought I was going blind by the end of it. But now I’m really looking forward to working on the next one.”
The post In David Baerwald’s epic tale of espionage and wartime horrors, family history is stranger than fiction appeared first on The Forward.
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Bamba blankets NYC after Park Slope Food Coop vote to boycott Israeli products. What’s next?
(JTA) — Jewish institutions are responding to a boycott of Israeli products at a Brooklyn grocery store by buying up Bamba.
Four thousand free bags of the Israeli peanut butter-flavored snack made their way Sunday along the Celebrate Israel Day Parade route up Fifth Avenue, passed around by volunteers with UJA-Federation of New York.
It was the organization’s first response to a contentious election result at the Park Slope Food Coop, the members-only Brooklyn grocery store that last week voted to boycott Israeli products. Bamba is one of the products no longer sold at the coop as a result of the boycott and a symbol of the Israeli snack food industry.
The Bamba distribution was coordinated by UJA, which was a sponsor of the parade, and the nonprofit group Met Council, which will also be distributing bags across their network of food pantries. (An initial purchase of 20,000 bags was made by UJA in the wake of the coop vote last week.) The snacks were brought to UJA’s office by truck on Friday.
The Met Council will distribute the remaining Bamba to the hundreds of food pantries who receive its food deliveries, including the 14 it owns and operates, by next week, CEO David Greenfield told the Jewish Telegraphic Agency.
“They smartly decided to make lemonade out of lemons,” Greenfield said of the UJA initiative. (Some of the pantries, he noted, may decline the Bamba anticipating clients with peanut allergies.)
The Bamba will be added as an additional free snack item to pantry clients’ usual takeaways. Some of it will also be delivered directly to Holocaust survivors within the Met Council’s network.
Sunday’s parade was a respite for members of the Jewish community who say they felt alienated in the wake of the coop vote Tuesday night. But it was also controversial due to New York City Mayor Zohran Mamdani’s decision not to attend — a mayoral first — and the surprise appearance of far-right Israeli Finance Minister Betzalel Smotrich.
But why purchase the popular Israeli snack in bulk, as opposed to encouraging local grocery stores to stock up on it and other Israeli items?
“There are a bunch of ideas on the table,” Hindy Poupko, senior vice president of the UJA-Federation told JTA. “We wanted to do something in the immediate aftermath of the boycott to demonstrate solidarity with the anti-boycott members of the coop, and all the work that they put into it. We wanted to immediately demonstrate to our community that we are able to respond quickly when these things happen, and also demonstrate that we will always be on the side of coops working together — not engaging in boycotts.”
One option UJA is floating, Poupko said, is an Israeli fair at a number of Jewish community centers where visitors can purchase Israeli goods.
Some advocates have even begun taking legal action against the coop, hoping to see the items restored to the shelves.
A group of pro-Israel activists filed a cease and desist motion in response to the boycott, alleging that the boycott itself is illegal and discriminatory.
CUNY law professor Jeffrey Lax announced in a post on X Wednesday that he had filed a New York State Division of Human Rights complaint on behalf of his Jewish advocacy group alleging that the boycott violates a state law that prevents the boycott or blacklist of products based on protected classes, including national origin.
“Instead of bringing neighbors together, this community institution chose to alienate many of its longtime Jewish members and their allies by banning a handful of Israeli products,” the ADL of New York/New Jersey said in a Thursday statement on X. “This move does nothing to advance peace in the Middle East; instead, the heinous rhetoric about Israel and Jews invoked in the process to ban these products contributes to the intense climate of antisemitism in NYC.”
The coop itself has not responded to JTA’s requests for comment. Activists aligned with the boycott, which passed with a 67% majority, referred JTA back to a press release distributed immediately following the vote last week.
“Tonight’s win is proof that cooperative movements are powerful models for exercising solidarity and participatory democracy,” coop board candidate Taylor Pate said in the May 26 statement.
In addition to Bamba, a variety of bell pepper sold only in the winter, persimmons, olive oil, sesame products, and Dorot frozen herb cubes are affected by the Park Slope Food Coop boycott. Two of the brands, Al Arz Tahini and Equal Exchange olive oil, are made at least in part by Arab-Israelis.
Asked for comment in regards to the coop vote results, Jewish Community Relations Council CEO Mark Treyger, through a spokesperson, referred JTA to a May 9 sermon by Congregation Beth Elohim senior Rabbi Rachel Timoner, in which she called it “the hyper local example of a proxy war.”
“If the boycott was designed to change Israel’s policies or to create a Palestinian state, or if it had the goal of safety, freedom, and equality for both Israelis and Palestinians, many of us would support it,” Timoner added. “But the BDS movement is not that.”
Timoner clarified her stance on the boycott at the coop in a sermon days after the vote.
“I do think that there is a lot of antisemitism threaded through the entire conversation about Israel,” Timoner said in the May 29 sermon. “But the vast majority of people who voted for that boycott were simply trying to say that what is happening to the Palestinians is wrong.”
A representative for Nestlé, the parent company of Osem, which manufactures Bamba, did not respond to a request for comment about the boycott.
The boycott means Brooklynites will have one fewer place to buy Bamba, the now ubiquitous snack that has been sold at Trader Joe’s for the last decade and is credited with reducing the prevalence of peanut allergies in Israel.
There’s at least one other place in New York City where Bamba was once available and no longer is. In March 2021, at the opening of baseball season, Bamba and the New York Mets announced a partnership in which the snack would be sold at the stadium in the main snack kiosks. The following year, the baseball team and the snack launched a sweepstakes for children to win free tickets to a game.
Since a March 2023 announcement that the brands would partner again for the season, Bamba has not publicly commented on their partnership. The Mets did not respond to a request for comment.
This article originally appeared on JTA.org.
The post Bamba blankets NYC after Park Slope Food Coop vote to boycott Israeli products. What’s next? appeared first on The Forward.
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Hezbollah rejects US-brokered ceasefire deal struck by Lebanon and Israel
(JTA) — Hezbollah appears to have rejected a ceasefire that the United States brokered between Israel and Lebanon, where the Iranian proxy is based.
The deal reportedly would have allowed Israel to remain in southern Lebanon, where it has established a buffer zone, but not permit any attacks in Beirut unless Hezbollah attacked Israel within its own borders. It would also have required Hezbollah fighters to leave the buffer zone.
A top Hezbollah leader said accepting a demand to leave southern Lebanon would amount to “surrender” for the group.
“What we are concerned about is an end to the aggression, ceasefire and Israel’s withdrawal,” Secretary-General Naim Qassem said in a televised statement on Thursday, the Associated Press reported. “We did not make any commitment to any party to stop resisting as long as there is occupation.”
Dozens of Israeli soldiers have died in the fighting, which Hezbollah is increasingly prosecuting with the use of drones.
The rejection comes as the U.S. House of Representatives voted to rebuke President Donald Trump and his war on Iran on Wednesday, narrowly passing a resolution that limits Trump’s power to continue the war without congressional approval.
Four Republicans voted with Democrats on the bill, in a sign of how opposition to the war, which Trump launched jointly with Israel in February, is crossing party lines ahead of high-stakes midterm elections in the United States.
The bill would not require presidential signoff but is seen as unlikely to substantively change Trump’s handling of the war, which he has insisted does not require congressional approval.
Trump called the vote “meaningless” in a post on Truth Social on Thursday morning.
“Yesterday, in a meaningless vote, the House voted, 4 bad Republicans and all of the Dumocrats, to limit my War Powers, right in the middle of my final negotiations to end the War with the Islamic Republic of Iran,” he wrote. “Who would do such an unpatriotic thing.”
The bill now goes to the Senate, where a similar measure has advanced in recent weeks, also with support from a handful of Republicans. It comes at a delicate time, as an uncertain ceasefire struck in early April has now stretched on without a resolution for longer than active hostilities unfolded. Trump has failed to achieve the terms for a deal to permanently end the war that he said he wanted, and this week said he thought the constant negotiations had grown “very boring.” Hezbollah’s apparent rejection of a ceasefire deal is another setback.
Iran has continued to battle during its ceasefire with the United States, though not against Israel: On Wednesday, it struck Kuwait’s main airport, killing one and injuring 60.
Also on Wednesday, Trump confirmed reports that he had called Israeli Prime Minister Benjamin Netanyahu “f—ing crazy” during a call on Monday in which Trump pressed Netanyahu to strike a ceasefire with Hezbollah, Iran’s proxy in Lebanon. Trump told a New York Post podcast that he was “a little perturbed at his constantly fighting with Lebanon” but that he liked Netanyahu and worked well with him.
This article originally appeared on JTA.org.
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