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Defense rests in Pittsburgh synagogue shooting trial without calling witnesses or presenting evidence

PITTSBURGH (JTA) — Defense attorneys in the trial of the Pittsburgh synagogue shooter will not be calling witnesses or presenting evidence in court, following 11 days of harrowing testimony from witnesses called by the prosecution. 

The defense attorneys’ choice underscores their acknowledgement that their client committed the attack. Since the beginning of the trial, lead defense attorney Judy Clarke has made clear that her goal is to prevent the shooter, Robert Bowers, from being sentenced to death. 

Judge Robert Colville dismissed the jury on Wednesday and told jurors to return on Thursday to hear closing arguments, after which the jury will deliberate and deliver its verdict. The defendant is almost certain to be found guilty, and his sentence — which will be determined in the next phase of the trial — will depend on whether the jury finds him guilty on all 63 counts he faces or just some of them. Of those charges, 22 carry the death penalty — two for each of his 11 victims.

The anticlimactic conclusion of the proceedings on Wednesday followed 11 days of graphic testimony from congregants and emergency responders who were present when the gunman perpetrated the shooting in Pittsburgh’s Squirrel Hill neighborhood on Oct. 27, 2018. The synagogue he attacked housed three congregations: Tree of Life, New Light and Dor Hadash.

Witnesses have described how the shooting unfolded, detail by tragic detail — and have explained the Jewish rituals and practices interrupted and desecrated by the attack. Other witnesses, including 911 call center employees and law enforcement, have recounted how they responded to the shooting.

Clarke and her team have cross-examined witnesses but revealed on Thurday that they would not be calling any of their own.

“We have no evidence,” Clarke said after Colville turned to her following the prosecution’s last witness. In her opening remarks on May 30, Clark had said that the defense team would not contest that its client committed the shooting.

“There is no disagreement, there is no dispute and there will be no doubt as to who shot the 11 congregants,” she said then. “On Oct. 27, 2018, Robert Bowers, the man seated at that table, loaded with ammunition and firearms entered the synagogue.”

Clarke is famous for keeping her clients off of death row and hopes to achieve the same result here. Her argument to jurors is that her client targeted the congregants not because of their religion, but because of a delusion that they were facilitating an immigration invasion to replace white people.

“We can at least do our best to uphold the rule of law by figuring out, to the best of our ability, what were Mr. Bowers’ motives and intent,” Clarke said in her opening statement.

The prosecution wrapped up its case before lunch on Wednesday with testimony from Andrea Wedner, one of two worshippers who were injured by gunfire in the shooting and survived. Wedner was with her mother, Rose Mallinger, when the gunman entered the chapel. Mallinger, who was 97, was killed in the attack.

Acting U.S. Attorney Troy Rivetti asked Wedner if the gunman had kept her from worshipping — the same question the prosecution has posed to other survivors who took the stand.

That question is key to half of the 22 capital charges the gunman faces: Federal law allows the death penalty in cases “of obstruction in free exercise of religious belief resulting in death.” The other 11 capital charges are for hate crimes resulting in death.

“Did you go there to worship and pray?” Rivetti asked Wedner. “Did the defendant prevent you from praying? Did the defendant come into the chapel and shoot you? Your mother, Rose Mallinger, who prayed the prayer for peace each week, was shot right next to you?” 

Wedner answered “Yes” each time, with increasing emotion.

The defense rarely objected during the trial, only doing so to argue that testimony was inappropriately veering into how American Jews worship, or into what animates Jewish practice. Nearly all of the defense’s objections during the trial were overruled.

After the jury exited the courtroom on Wednesday, the defense continued arguing that their client did not seek to kill Jews while they worshipped. Speaking before the judge, defense attorneys raised objections to the phrasing of some of the charges the jury would consider.

They tried, as they had previously, to have the words “willfully” and “because of actual or perceived religion” removed from the 11 capital charges that have to do with obstruction of worship resulting in death. Colville overruled the objections.

Wedner asked not to be on the stand when the prosecution played back her 911 call from the day of the shooting in court. Instead, Rivetti asked her a series of questions about the call before she left the chamber.

“Have you actually requested that we not play that 911 call while you’re on the stand?” Rivetti asked.

“Yes,” Wedner said.

“Is that because you can hear yourself being shot?”

“Yes.”

“Is it because you can hear your mother’s quiet voice as you try to comfort her?”

“Yes.”

“Is it because you can hear her being shot?”

“Yes.” Wedner’s voice cracked.

The recording of the call played out as Rivetti had described: Werner’s whispered pleadings to a 911 operator, silence, and then two gun blasts and screams. Rivetti stopped the replay about halfway through the 9-minute recording.

During her testimony, Wedner described sensing police were in the sanctuary, and moving her legs to signal she was alive. “They were in fatigues so I knew they were the good guys,” she said.

She rose and realized she was the lone survivor in the sanctuary where the Tree of Life congregation regularly convened.

Before she left, she bid her mother goodbye.

“I kissed my fingers and I touched my fingers to her skin,” she said. “I cried out, ‘Mommy.’”


The post Defense rests in Pittsburgh synagogue shooting trial without calling witnesses or presenting evidence appeared first on Jewish Telegraphic Agency.

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Facebook suspends radio broadcaster’s account over video of Holocaust survivor

Facebook has abruptly banned a Jewish broadcasting executive in Minnesota after he posted a link to a video of a 104 year-old Holocaust survivor in Texas sharing his story, prompting the Minnesota Attorney General to intervene.

Joel Glaser, CEO of AMPERS, a group of community radio stations across Minnesota, received an email from Facebook last month informing him that his personal account had been suspended because it violated the platform’s “child sexual exploitation” policies.

Because Glaser also administers the account for an AMPERS radio series titled MN90: Minnesota History in 90 Seconds, Facebook also took down that account, which has more than 10,000 followers.

The video produced by an NBC affiliate in Dallas and shared by an ABC affiliate in the Twin Cities, featured a talk by Walter Levy, a survivor who fled Germany in the late 1930s and still tells his story about how his family survived Kristallnacht and struggled with whether to flee to then-British mandated Palestine or America. His family eventually joined relatives in Arkansas.

“How it got flagged as being child sexual exploitation is absolutely beyond me,” said Glaser, who unsuccessfully appealed.. “It did not give me the opportunity to explain anything, ask any questions, provide any screenshots, do anything at all.”

Facebook has said the case has been “flagged for the team” and is “looking into this.”

Glaser initially speculated that an antisemite, Holocaust-denier, or a bot operating on their behalf had flagged his post. But then he started leaning toward the notion that it was probably just artificial intelligence run amok.

“I guess Meta’s AI isn’t smart enough to differentiate between child sexual exploitation and a legitimate news story,” he said.

Because Glaser also oversees AMPERS’ news coverage, losing access to Facebook has made his job more difficult.

Courtesy of Joel Glaser

“I’m being hindered from doing that,” Glaser said. “They need to fix it.”

Experts say Glaser’s experience is not unusual, underscoring a need for significant work on content moderation systems, as well as transparent correction mechanisms. Without seeing Meta’s internal enforcement signals, it’s impossible to know why the system acted to suspend Glaser’s accounts.

On the morning of June 25 Glaser received an email from Facebook saying that his personal account was being suspended and he had 180 days to appeal. While the platform attributed the suspension to a violation of child sexual exploitation standards, it did not specify what content of Glaser’s had violated those standards. The video of Levy just happened to be his most recent post.

Glaser appealed right away, taking the required nine photographs of his face to prove it was him. Facebook denied the appeal that afternoon and permanently banned him with no opportunity for additional appeals.

Glaser contacted Minnesota’s Attorney General, a standard recourse for Facebook subscribers in a number of states who have

unfairly had their accounts suspended. Brian Evans, press secretary for Minnesota Attorney General Keith Ellison, told Glaser that the office has interceded with Meta previously regarding their “heavy-handed approach to account deactivation.”

The Attorney General’s Consumer Action team will work to get Glaser’s two accounts reactivated, he wrote.

“The Minnesota Attorney General’s Office has received numerous complaints from consumers about moderation decisions that appear to have been made in error by Facebook,” Evans said.

Minnesota State Rep. Ginny Klevorn, a Democrat who represents the suburbs northwest of Minneapolis, has also asked that the state party’s liaison to Meta look into the matter, noting that AMPERS is partially funded by the state of Minnesota.

“Why is a public service network that deals with factual historic events being banned?” she said.  “I think they owe Joel some sort of explanation.”

The post Facebook suspends radio broadcaster’s account over video of Holocaust survivor appeared first on The Forward.

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Artists are boycotting a show about Israel. The run’s already sold out

In the third act of Jonathan Spector’s Birthright, the character Izzy delivers the closest thing the play has to a thesis.

“I can go up on the bimah at my parents’ shul and I can say I am married to a woman, I can say I don’t keep kosher, I can say I don’t believe in God,” the character, a former J Street employee played by Molly Bernard, says. “The one thing that would get me kicked off the bimah, kicked out of the shul, kicked out of my family is if I say I am an anti-Zionist.”

There is an unspoken flipside to this equation: Just as Jewish communal life has instituted litmus tests, the pro-Palestine movement also has its dogma.

Jewish organizations once accepted all comers — gay, bacon-eating, atheist — Spector told me in an interview the day the show, tracking six members of a Birthright group over 18 years, opened at MCC Theatre. Recently, though, when it comes to the Jewish state, “there’s been a similar kind of shift away from tolerance from people on both sides of that divide.”

As if one needed more proof of Spector’s assertion, the group Theater Workers for a Ceasefire announced on Tuesday a call to boycott the production for “normalization,” even though the show is, at press time, sold out.

In an open letter, the organization outlines its concerns. “Normalization includes any plays, festivals, and other kinds of cultural activities that are based on the false premise of symmetry between oppressors and oppressed or which assume colonizers and colonized are equally responsible for the ‘Israel/Palestine conflict.’”

Birthright, they argue, meets this definition in its third act, when Izzy and Chaya (Zoë Winters), a former Obama staffer, debate the Gaza War in the aftermath of Oct. 7. “Chaya and Izzy perpetuate the fallacy that genocide has two equally legitimate sides,”  the Theater Workers wrote. “The play does not challenge Chaya’s beliefs — it privileges them.”

But does it? We learn Chaya resigns from her job at the domestic nonprofit she founded over a pressure campaign by her staffers, who share an offensive text she sent via Instagram. The text: “Maybe they should spend a week in Gaza, and then come back and tell us if the rapes are real or not.”

In an Instagram carousel, Artists For Ceasefire describes this as “a text accusing Palestinians of being rapists.” This is a distortion, but reveals a familiar taboo in certain pro-Palestinian activism: the acknowledgment that Hamas and Palestinian Islamic Jihad committed sexual violence.

Birthright emphasizes Chaya’s victimhood, whereby her own personal and professional losses in the wake of October 7th are greater than that of any Palestinian,” the letter continues. “Izzy is depicted as immoral for caring more about Palestinian strangers than her friend.”

This smacks of a bad faith reading. Once again we are in the realm of depiction not equalling endorsement. Cherries are being picked. That the play doesn’t “challenge” every argument, or “encourag[es] audiences to empathize with” an Israeli character’s “subjectivity” is seen as morally deleterious, rather than what it is: a play, with characters, not a debate, op-ed or struggle session.

As Spector told me, “plays contain ideas, but plays are about people.”

We needn’t wonder what Theater Workers for a Ceasefire would recommend as counter-programming: on Instagram they argued for an example in Seven Jewish Children by Caryl Churchill, a non-Jewish playwright. That play is more polemic than drama and runs on an engine of Holocaust inversion, which makes sense when you look at their Instagram post.

“Conventional drama demands we present contrasting viewpoints in the name of conflict,” the group concedes, “But how we write the conflict is not an ideological [sic] benign matter.”

The overriding interest is not art, but ideology. Not the mirror up to life, but of the funhouse variety that warps reality to an endless, echo chamber tunnel.

Eli Gelb, an actor in the show, acknowledged the boycott in an Instagram story, wrote “I’ve been outspoken as an antizionist Jew and I remain so. I believe in the show and will be continuing to perform in the production.” Molly Bernard’s Instagram stories Wednesday are of devastation in Gaza.

The letter makes clear “this would not be a boycott of MCC, nor of Jonathan Spector, but of this specific cultural product.” How can you boycott a run that, at press time, has no seats left to buy? Yield your tickets while ye may, someone will gladly snap them up.

In the play, a character, whose identity I won’t reveal due to spoilers, discusses an episode recounted in the Talmud, where a Super Bowl-sized crowd witnesses one priest stab another for the privilege of cleaning up ashes from a ritual sacrifice.

Rabbi Tzadok says all present were responsible for creating the conditions for the attack. But then the father of the stabbed priest retrieves the knife from his son’s back, and tells the crowd that, as he is not yet dead, the knife is still ritually pure. The onlookers cheer.

In the show, the story is cryptic, but speaks to Israel, where the ideal of the state has given way — perhaps irreversibly — to a culture of violence.

“This is how far they had fallen in this period,” the character says, “how far they had strayed, that they valued the laws of ritual purity over human life.” It’s an argument that would seem to align with Artists for Ceasefire, for whom the suffering in Gaza supersedes any gestures at complexity.

In their demands for a purity test, they may have missed it.

The post Artists are boycotting a show about Israel. The run’s already sold out appeared first on The Forward.

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Haley Stevens takes aim at Netanyahu in Michigan Senate debate, as opponent Abdul El-Sayed calls Israel a ‘rogue state’

(JTA) — Viewers of Michigan’s Democratic Senate primary debate on Tuesday night could be forgiven for at times forgetting that one candidate comes with the heavy backing of pro-Israel donors.

“The prime minister of Israel has failed,” Rep. Haley Stevens said when asked about Iran, saying that both Israel’s Prime Minister Benjamin Netanyahu and U.S. President Donald Trump had failed to achieve “long-term peace.”

Later, Stevens added that she supported “aid into Gaza” and reiterated that she believed Netanyahu has been bad for American Jews.

“It is very clear that Mr. Netanyahu has not made us safer, has not brought us closer to peace, and he is a danger to Jews in America and around the world,” she said.

The lines represented sharp criticism of Israel’s leadership for a candidate who, according to federal campaign records, has received more than $10 million in support from donors affiliated with AIPAC, the pro-Israel lobby that her progressive opponent, Abdul El-Sayed, has excoriated on the campaign trail and during Tuesday’s debate. Regarded as one of Congress’ more reliable pro-Israel Democrats, Stevens made the comments as Democratic voters have largely shed their sympathies for Israel.

El-Sayed, meanwhile, said during the debate that the United States’ foreign policy “has been handed to us” by Israel and AIPAC and called Israel a “rogue state.”

The former Wayne County health director, whose grassroots campaign has gained momentum as it has increasingly centered anti-Israel rhetoric, did not hold back in his criticism.

Citing “the impact of AIPAC in our politics” as the reason for the joint U.S.-Israeli war on Iran, El-Sayed asserted that the lobbyist’s goals were “to annex Lebanon or to do genocide in Gaza.” He added that Israel was committing “human rights abuses, genocide and apartheid” and called for the United States to “stop funding the Israeli military unilateral blank checks.”

He also tied voters’ economic woes to Israel. “Ask yourself why it is that we are paying $5 gas, why it is that we can’t get out of this quagmire,” he said. “It’s because for too long, our foreign policy has been handed to us by the likes of the state of Israel and AIPAC, who has made sure that both Democrats and Republicans are doing their bidding.”

He further claimed there was no difference between his Democratic opponent and the presumptive Republican nominee, former congressman Mike Rogers, on Israel.

“If Congresswoman Stevens makes it, or if Mike Rogers wins, either way, Israel will win,” El-Sayed said. “AIPAC is perfectly fine with either of my two opponents because they know they will have a comfortable, reliable vote in the U.S. Senate.”

Stevens, who noted that she supports a two-state solution, rejected the line of attack. “No one owns my vote and no one owns my policies,” she said. “Anyone who’s contributing to my Senate campaign is doing so because of my proven record of fighting for Michigan.”

El-Sayed also suggested that Stevens’ sparring with Netanyahu, who is deeply unpopular with American voters, was ingenuine. Earlier in the day, Netanyahu told CNN that he believed Stevens’ previous comments accusing him of making American Jews less safe represented her “probably trying to excuse antisemitism.”

Sayed said he wasn’t convinced the remark was authentic. “I don’t think Benjamin Netanyahu is attacking her to actually attack her,” he said at the debate. “I think he’s attacking her to try and steer away the stink of how staunchly she stands for their policy.”

El-Sayed also attacked Stevens over a June 2025 vote she made in the House to “thank” Immigrations and Customs Enforcement officers. The appreciation was embedded in a resolution condemning the firebombing of a peaceful march for Israeli hostages in Boulder, Colorado. Stevens accused Republicans of having “put in a cynical point” about thanking ICE and El-Sayed of falling into a trap laid by the GOP.

Israel has grown increasingly central ahead of the Michigan primary, set for Aug. 4, in a crucial battleground state with large populations of both Jewish and Arab/Muslim voters. A third candidate who sought to tread a middle ground between Stevens and El-Sayed suspended her campaign earlier this week, ratcheting up anxiety among American Jews around the race.

Stevens’ bid for the Senate comes four years after she ousted Andy Levin, a Jewish progressive congressman who expressed criticism of Israel, in a race that drew more than $4 million in AIPAC-affiliated spending. In the years since, she has remained in a dwindling minority of House Democrats who have voted against all measures that would block or condition military aid to Israel.

El-Sayed’s bid comes as other anti-Israel progressives have prevailed in congressional primaries, shifting campaign discourse about Israel to the left. In an interview with CNN also published Tuesday, El-Sayed took aim at the very idea of a Jewish state.

“Every definition of a Jewish state ends up in some articulation of illiberal values, every single one,” he told CNN. Asked if support for Israel could ever be about more than money, he responded, “Not if you’re a Democrat and you believe in human rights.”

Other Michigan races are also turning into referendums on the Democratic stance on Israel. El-Sayed has cross-endorsed two left-wing congressional candidates, state Rep. Donavan McKinney and activist William Lawrence, who have both said Israel committed genocide in Gaza. Stevens, meanwhile, has endorsed pro-Israel Jewish state Sen. Jeremy Moss for her House seat.

Further down the ballot in Michigan, Democratic activist Abbas Alawieh, a key architect of the 2024 “Uncommitted” movement designed to pressure national Democrats on Gaza, on Tuesday picked up the endorsement of Michigan Gov. Gretchen Whitmer in his bid for a state senate seat on the party ticket. Alawieh has also met with former Vice President Kamala Harris, who lost Michigan to Donald Trump in the general election after the state’s large Arab and Muslim population expressed strong dissatisfaction with her stance on Israel.

This article originally appeared on JTA.org.

The post Haley Stevens takes aim at Netanyahu in Michigan Senate debate, as opponent Abdul El-Sayed calls Israel a ‘rogue state’ appeared first on The Forward.

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