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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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How Jim Bakker sent a rabbi’s son to 52 churches
Jim Bakker convinced me to go to church.
Bakker died Monday at 86. For a stretch in the 1980s he and his wife, Tammy Faye, were on television every day, praying, singing and weeping, her in waterproof mascara, in front of as many as 13 million people. Then came the sex scandal, the hush money and the fraud trial.
And yet, he became my gateway into Christianity.
I’m an Orthodox rabbi’s son who grew up in the Bible Belt, which made me a spiritual window-shopper. My bedroom window looked out across the street at Cokesbury Methodist Church. Every Sunday morning, I watched the families climb out of their minivans in khakis and pastels, smiling like people who had never once wondered whether turning on a light switch counted as work on Shabbat.
We didn’t have cable. Regular TV in our house was already a negotiation, and a channel devoted to Jesus wasn’t even up for discussion.
Then I went off to college, moved out on my own, and one of my first acts of rebellion was ordering basic cable. I flipped on the Cartoon Network, a channel that showed animated classics around the clock, and wondered if this was what the Messianic age felt like.
On Sunday mornings, on channel after channel, I stumbled across pastors preaching to their congregations. What hooked me wasn’t the theology; the sermons seemed more like self-help seminars. It was the production. Where I came from, worship was a closed-door affair, in Hebrew, for members only. Here it was a show, with a band and cameras.
The format Bakker perfected inspired others: the tears, the house band, the host who knew exactly where the camera was. I couldn’t look away.
Heaven, with a gift shop
Bakker was born in Michigan in 1940 into a Pentecostal family, and he met Tammy Faye at Bible college. They married in 1961, after three dates, which, as a rabbi’s son who spent years in the dating trenches, I find both reckless and enviable. They drifted into television through Pat Robertson’s network, where they hosted a children’s show, and in 1976 they started their own ministry: PTL, short for Praise the Lord. At its peak, PTL drew as many as 13 million viewers a day and took in more than $100 million a year. Critics said PTL stood for “Pass the Loot.”
On 2,500 acres in Fort Mill, South Carolina, the Bakkers built Heritage USA, a Christian theme park with a hotel, water slides, skating and Bible study. They sold shares in it and offered lifetime vacations there to donors.
I’ll confess: I was jealous. Christians had a place you went to bring your family closer to God, with a gift shop and cotton candy. We had the Catskills and a very long buffet. I took this about as well as a kid whose neighbors have a swimming pool.
Then it all fell apart. In 1987 came the revelation of Bakker’s encounter with a church secretary, Jessica Hahn, and the $265,000 paid to keep it quiet. Fellow preachers lined up to condemn him, Jerry Falwell took over the ministry, and a federal inquiry followed. He was convicted of fraud in 1989 and sentenced to 45 years. He served five. Tammy Faye divorced him while he was in prison.
Bakker left prison in 1994, chastened. In a 1996 book called I Was Wrong, he wrote that Jesus had nothing good to say about money, a lesson he learned, as so many of us do, only after losing the water park. In 2003 he resurfaced in Branson, Missouri, hosting a new show from a café and selling viewers buckets of emergency food for the end of days.
The Jew on the Jumbotron
Soon, I had a plan of my own. I would spend a year going to 52 churches over 52 Sundays. Jewish tradition teaches that it’s verboten to go to church, especially during services. I planned to go as a journalistic endeavor and write a book about the experience.
Yet, I was still riddled with the guilt of my ancestors, so I went to my synagogue’s rabbi and asked his permission. To my surprise, he granted it on two conditions: I had to wear my press badge, so worshippers knew I was there to take notes and not to take part in prayer. The second condition was that I had to wear a yarmulke. People needed to know I was Jewish, the rabbi said. As if being short, bespectacled and named Benyamin Cohen didn’t already give that away.
Jim Bakker had put church on television. I was going to find out what happened when you stepped through the screen.
My wife, Elizabeth, a Christian minister’s daughter who had converted to Judaism, was still dripping wet from the mikvah and not exactly thrilled that her husband was going to spend a year in churches. She pointed out that I was about to become the first Orthodox Jew in history to qualify for a church loyalty card.
I started in the deep end, at New Birth Missionary Baptist Church, one of the country’s largest megachurches, home to 15,000 people on a typical Sunday. The sanctuary looked like a sports arena. A camera operator found me in the pews. Within seconds my shayna punim was 20-feet tall on Jesus’ Jumbotron for all to see. I had been there for all of five minutes and I was already outed as the Jew.
“Oh God,” I thought. “What if my dad could see me now?”
Watching church was Bakker’s big idea. At New Birth, the cameras roamed the pews and the congregation cheered at itself on the big screens. After years of watching church from my couch, I was the one in the shot.
I’d spent my childhood sure the grass was greener at the proverbial church across the street. It wasn’t. It was just better lit. Once the cameras and the choirs were gone, what I found were people trying, like me, to figure out how to believe, and some of them were doing it better than I was.
Hanging out with Jesus made me a better Jew, a sentence I never expected to write, and one my father never expected to hear.
The other Bakker
There was another Bakker I felt I knew.
I was born the same year as Jay Bakker, the son of Jim and Tammy Faye. He was 12 when his father was indicted. By 18, he’d co-founded Revolution, which eventually opened a branch in Atlanta, my hometown. The New York Times once described churches like it as meeting in “warehouses, bars, skate parks, punk clubs,” which is, to put it plainly, not where my synagogue held services.
In 2006, the Sundance Channel made a six-part series about him called One Punk Under God, and I was hooked. The camera was back on the Bakker family business, only now it followed the son, who seemed to be building the opposite of his parents’ church.
I felt a kinship with Jay that I couldn’t have explained then. We were both preachers’ kids, which meant your father’s job was also your religion, so you couldn’t be mad at one without it messing with the other. He titled his memoir Son of a Preacher Man, which is also what I called a chapter in mine.
His choices were harder than mine. My father never lost his congregation to a federal grand jury. While Jim Bakker went to Branson to sell apocalypse buckets and political prophecy, Jay went toward a gentler, more inclusive faith.
As I learned throughout my journey, a church built for television is only as strong as its ratings. The Jewish service I understand best would make terrible TV. On Yom Kippur we fast for 25 hours and act somberly. In the prayers, we confess in the plural, a whole congregation beating its chests together: we have sinned, not I.
Jim Bakker got me into church, and church sent me back to synagogue. Praise the Lord, as they used to say on his show. And, as we say in mine, amen.
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As voting nears, Israeli democracy is not healthy
When Israel’s Supreme Court upheld the right of Arab parties last week to run in the country’s Oct. 27 election, they didn’t only provide Israel’s 2 million-plus Arab citizens a reason to vote. They also sent yet another signal in the incredible noise of these elections: Israeli democracy is not healthy.
Every time Israel has held elections in the last two decades, this cycle repeats: The Central Elections Committee — a body mostly made up of politicians — bars Arab parties or candidates, the Supreme Court puts them back on the ballot, and the country congratulates itself that its democratic guardrails held up to the pressure. But when Israel’s political representatives think democracy means disqualifying parties representing 20% of its electorate, the guardrails are not holding. When that 20% of the electorate is told its voices are unwanted and its opinions suspect enough to ban, it is nearly impossible to call Israel a healthy democracy.
And there’s a deeper story here, too — one that came to a head in 2023, connected to the decades-long march of the populist far-right in Israel against the Supreme Court. Recall that one of the first things that Prime Minister Benjamin Netanyahu’s government did upon taking power was to announce a “judicial overhaul plan” built on the populist claim that the elected politicians are the only true representatives of the people, and the unelected, elitist, liberal-leftist Supreme Court ought to be subservient to them.
Since then, they have tried to eliminate the Court’s ability to review the quasi-constitutional Basic Laws, left the court’s top positions unfilled and languishing, and managed to pass a bill putting judicial appointments in political hands. In short, the Court is not simply a neutral referee in the fight over whether Arab parties can run. Its independence and authority are themselves at the center of Israel’s political struggle.
When the court restored Arab parties to the ballot, and liberals breathed a sigh of relief, the right went to work. It is telling its base that the Court, by simply upholding the most basic tenet of a democratic system — that parties be allowed to run regardless of their political positions — is in bed with the enemy: Arabs. In other words, it weaponizes the court ruling as proof of what it has been saying all along: that this is not the court of the Israeli people, it is the Arab’s court, the left’s court, and it must be brought to heel.
This is the double bind the Israeli Supreme Court has existed in for years. It is more hostage than guardrail. I have spent my career in Israeli civil society, and now lead an organization that funds a good deal of it, which is a long way of saying I have watched this cycle from close enough to know that the relief is a trap.
The court recognizes the part it plays in this game of political football, and it is caving to pressures and changing its own internal approach. The discussions it held last week were not limited to the Elections Committee’s decision to disqualify all the Arab parties. It went further. The court recommended Sami Abu Shehadeh of the Balad party withdraw his candidacy so that it would not have to disqualify him. Yes, Sami wrote an appalling article on Oct. 8 — one that I find deeply repugnant. But for many years, the court held that disqualification required extensive and consistent evidence of support for terrorism or opposition to democracy. On that basis, it allowed both Jewish and Arab candidates to run, even when they had written or said things that were unpopular, racist, or dangerous. And when it came to Abu Shehadeh, there was no solid evidence of a sustained pattern showing that he supported violence or opposed democratic principles. The court did not want to depart from its own precedent, but it could not withstand the pressure of public sentiment, so it asked Sami not to run. He withdrew.
It is clear to me that if Sami were Jewish, he would never have been disqualified. Jewish politicians have said things just as horrifying as he has, and they are consistently allowed to run. People fighting for Israeli democracy — both here in the U.S. and in Israel — can’t go to the mat for Israel’s democratic institutions without dealing with the essence of what democracy is.
In a democracy, the majority does not extend equality to the minority as a kindness. And for members of the minority, democracy is a bargain: You choose to live with the outcome because you had a real chance to shape it — by voting for politicians who represent your interests. With these bans, Israel asks two million citizens of the country to hold up their end of this bargain — to pay taxes and vote— while informing them every few years that the state’s end of the bargain is actually negotiable. That equality is not assured. That their parties could be barred from running.
Democracy is only more than a word if every citizen has both the right to vote and the right to govern. Israel simply is not a democracy if it fails to offer Palestinian citizens full participation. Period. Israel’s Palestinian citizens are not a test Israeli democracy has to pass, where the Supreme Court is a cheat code. Israel’s Palestinian citizens and their rights are what Israeli democracy ought to be made of.
Yes, it is a relief to know that Israel’s Supreme Court restored the Arab parties to the ballot, but we ought to notice what we are relieved about: that judges had to stop Israel’s elected representatives from cutting out a fifth of the electorate just five weeks before a general election. A democracy that has to be rescued from its own politicians on a regular basis is not a healthy one.
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‘Remember 7.10.23’: In Israel, Hostage Square bears few remnants of a national crisis – but trauma lingers
(JTA) — TEL AVIV – In the days following the Oct. 7, 2023, Hamas attacks, the families of the hostages held in Gaza turned the plaza next to the Tel Aviv Museum of Art into what became known as Hostage Square.
Filled with “Bring Them Home” signs and hostage posters, yellow ribbons and yellow balloons, the square hosted demonstrations and press conferences.
It was here that the families created a replica of a Hamas tunnel and established the Empty Shabbat Table, a haunting art installation to remind visitors – and especially the Israeli government – that their loved ones still languished in Gaza. And it was here, two years later, that the families and thousands of other Israelis gathered to watch the last of the living hostages return to Israel.
Three years after the attack on Simchat Torah, there are few remnants of the hostage families’ encampment: the tunnel replica, a few yellow ribbons and a sign bearing the words “Remember 7.10.23.” During the days leading up to the third anniversary, some paid respects to the few hostage families who set up a sukkah on the square, but the plaza was nearly empty.
By all outward appearances, Israelis have moved on.
Yet beneath the surface, many are still grappling with the trauma of Oct. 7 and the multifront war the attack triggered.
In a Channel 12 TV poll in June, 74% of respondents said they fear that terrorists will carry out another large-scale attack, and 66% said they want the Oct. 7 attack to be investigated by a state commission of inquiry.
Last month, in an Israel Democracy Institute survey, 68% of Jewish Israelis and 32% of Arab Israelis said the Oct. 7 attack is a “central factor” in deciding which party to vote for, behind security and the high cost of living.
In the café at the edge of Hostage Square, Isaac Badra, a 33-year-old realtor, recalled how he and his wife opened their home to their upstairs neighbors because the Badras live on the “safer” ground floor and their Tel Aviv building has no bomb shelter. The trauma persists, he said.
He vividly remembered the air-raid sirens, reserve soldiers rushing to base on Simchat Torah and the frantic phone calls with his wife’s family near the Gaza border as Hamas attacked Sderot, where they live.
“My wife’s mother said she saw terrorists in the street, but I couldn’t grasp what she was saying,” he recalled. When he turned on the TV, he realized the scale of the attack. “I locked all of our doors and our windows and prayed.”
Three years later, Badra said, “When I hear noises outside, I jump. When Arab construction workers shout out to each other, I jump. And now I doubt whether my friends abroad really have our back.”
Roni Shoval, a defense industry worker from northern Israel not far from the Lebanon border, said the trauma of the past three years “is still inside me.” He called the attacks “a modern Holocaust for Israel.”
Even three years later, “I’m not ready to visit Nova,” he said, referring to the memorial at the site of the music festival where Hamas murdered 378 people and abducted dozens more. “Look, I’m getting goosebumps now just talking about it.”
Shoval, 54, is still doing IDF reserve duty, years beyond the maximum age because the IDF needs his expertise. He doesn’t want the same for his children.
“My son will be drafted soon,” he said. “Back in the day, I served in Gaza and Lebanon. I don’t want him sent to Gaza and Lebanon.”
At a nearby table, 24-year-old Yael Meyer sat with classmates from Tel Aviv University. The attack the previous day aboard a flydubai flight bound for Tel Aviv, they said, only reinforced the trauma of Oct. 7 and the war that followed.
“I’m always aware that there could be another terror attack. But I always had the sense that the security services would protect us.” Since Oct. 7, that trust in the government is gone, she said.
Her friend Talia Zecler, also 24, said she felt “helpless” after the attack. “I was angry at my country. Entire families were killed or kidnapped,” she added. “It feels like we’re living in an endless war.”
Her heart races when the sound of a passing motorcycle resembles an air-raid siren. But at the same time, she still marvels at the bravery and solidarity of ordinary Israelis in the months after the attack.
“People became more connected after Oct. 7. They volunteered everywhere, including at Hostage Square,” she said. “There was a sense of unity, that we’re in this together, and we saw it on the flydubai flight.
“This is the Israeli spirit.”
Sitting in the café with her parents, S., a 19-year-old IDF soldier, said the trauma she experienced on Oct. 7 at her home in Jerusalem “is minuscule” compared to the experience of those whose families were directly harmed by the attacks on the Gaza border and, later, attacks by Hezbollah, Iran and the Houthis.
“Sure, when I hear a plane flying in the sky, I think, will there be another war with Iran? I immediately go there,” said S., whose name could not be published due to military protocol.
But as the country prepares to vote for the next government on Oct. 27, she plans to channel her hopes and dreams in the voting booth.
“The most important things for me right now are to have a national investigation of what happened on Oct. 7 and to repair our relations not only with our immediate neighbors but everywhere. We don’t live in a vacuum,” she said.
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