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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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Ari Emanuel has written a memoir and no one is safe — not even his brother

Roll the Calls: A Memoir
By Ari Emanuel
Knopf, 432 pages, $35

It must be exhausting to be super-agent Ari Emanuel: rising before dawn for a workout regimen, ingesting live worms to consume bacteria, and then placing hundreds of daily phone calls to clients and network honchos. It is, frankly, exhausting just to read about it, notwithstanding the clever, staccato narrative by (uncredited) ghostwriter J.R. Moehringer.

The point of it all, Emanuel keeps insisting in Roll the Calls, is not the dollars.

“Money isn’t the thing that makes me get up at 4:00 a.m.,” he says. “I’m just not sure yet what that thing is.”

Perpetually on the precipice of bankruptcy, he takes bold entrepreneurial risks to survive in an industry wracked by labor discontent, cutthroat infighting and technological change.

The goal, if there is one, seems to be simply to win — to bend everyone around him to his will. And, for the most part, he does. From the mailroom, Emanuel has ascended to the summit: executive chair and CEO of TKO and executive chairman of WME Group, “two companies,” his biographical blurb says, “that sit at the center of sports, entertainment and culture.”

Emanuel is probably best known as the model for the abrasive Ari Gold, the talent agent played by Jeremy Piven in the HBO show Entourage (2004-11). The show’s protagonist, Vincent Chase, is loosely based on one of Emanuel’s clients, the actor Mark Wahlberg. Emanuel says that he could never bear to watch the series, but notes that it helped turbocharge his career.

In his telling, the entertainment-industrial complex is a transactional, amoral, brutish and (though Emanuel doesn’t use this phrase) testosterone-fueled world, where the key players are nearly all men. It seems impossible to imagine any woman getting away with — let alone prospering from — the unhinged, profanity-laced approach that has become Emanuel’s trademark.

Even in this milieu, there are, in his view, particularly loathsome players. Among them is Harvey “Scissorhands” Weinstein, whom Emanuel indicts for his slovenliness, bullying tactics and editorial interference. Even without a mention of the producer’s alleged track record of sexual harassment and assault, Emanuel’s assessment of Weinstein is withering. “Empty at his core,” Emanuel writes, “Harvey’s sole motivation is to thwart and mess with other people.”

Emanuel expresses contempt, too, for other bold-faced names, including Jeffrey Katzenberg, former chair of Walt Disney Studios and cofounder of the film studio DreamWorks, and Hollywood scribe Nikki Finke, with whom Emanuel had a codependent relationship. He takes on Donald Trump as a client, doesn’t vote for him for president, and drops him, without regret, when he wins and can no longer generate commissions. None of this necessarily makes Emanuel a reliable narrator.

The memoir begins with the word “rage,” which Emanuel observes is also the first word of Homer’s Iliad. The allusion sets Roll the Calls up to be similarly epic. But its angry protagonist is, at best, an antihero, and the stakes of his success surely are less than mythic.

In “Roll the Calls,’ Emanuel argues that his anger, which can turn threatening, provides a bargaining advantage by intimidating adversaries. Courtesy of Penguin Random House

What are the origins of Emanuel’s rage? He points to his lifelong struggles with dyslexia and the bullying and humiliation that resulted. The Emanuel family ethos was unsparingly competitive. In life, he learned, “loser gets fed to lions,” so “keep your fists clenched and your head on a swivel.” And roughhousing with his older brothers, whom he jokingly calls “two violent psychopaths,” may have left Ari bruised and resentful.

Both Ezekiel “Zeke” Emanuel, a prominent oncologist and bioethicist, and former Chicago mayor and prospective 2028 Democratic presidential candidate Rahm Emanuel are known for their combative personalities. Ari suggests that the family is tight-knit and loving. But one of the book’s quietly shocking reveals is Rahm’s mockery of his brother’s dyslexia when they share a stage during Chicago Ideas Week.

Emanuel argues that his anger, which can turn threatening, provides a bargaining advantage by intimidating adversaries. He cites a study showing “that angry negotiators had the edge.” In a bar, he calls out Michael Moore as an [expletive deleted] antisemite for views the director expressed about Israel; Moore denies the charge, they keep talking and Emanuel ends up with a new client.

“You’ve got to be a little psychotic in this town,” Emanuel argues. To succeed, “you need to show that you can color outside the lines, and that, once in a while, you might eat the [expletive deleted] crayon.” The memoir doesn’t delete the expletives.

Yet Emanuel understands the personal costs of his anger enough to have devoted years to psychotherapy aimed at moderating it. (The results seem mixed at best.) Emanuel also admits to a habit akin to stalking: calling potential clients, business partners and others constantly until they succumb to his sales pitch.

This incessant hounding landed him the mailroom gig at Creative Artists Agency, from which he quickly rose — until he departed, with allies, to start his own company. Similar persistence won him the business (and, later, friendship) of the famously curmudgeonly Larry David, who said, over lunch, that he would sign with Emanuel — if only the agent would stop calling.

After his first marriage (unsurprisingly) dissolved, Emanuel deployed his telephone tactics in courtship — not a method, one imagines, that would have worked for a lesser man. In Emanuel’s case, relentless pursuit led, after some drama and heartbreak, to his second marriage, to a much younger woman who had initially resisted his overtures.

None of this is to say that Roll the Calls isn’t worth a read, especially for anyone interested in an unabashedly jaundiced insider account of how Hollywood operates. The book is quick-paced, laugh-out-loud funny at times, and filled with acidic observations and gossip. It is also horrifying.

The post Ari Emanuel has written a memoir and no one is safe — not even his brother appeared first on The Forward.

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NY Jewish Democrats defend Mamdani after Netanyahu calls him a Hamas supporter

(JTA) — Some top New York Jewish Democrats are defending New York City Mayor Zohran Mamdani after Israeli Prime Minister Benjamin Netanyahu called him an “antisemite” and said he is “buddies” with Hamas.

Netanyahu’s speech at the United Nations General Assembly on Thursday, and the outsized role Mamdani played in it, were the culmination of escalating criticism of Mamdani from Israeli officials in recent weeks.

Mamdani is an avowed anti-Zionist who during his campaign to be the mayor had pledged to arrest Netanyahu. Over the summer, he conceded he didn’t have the power to do so, though he criticized the Israeli government over Gaza in the run-up to the prime minister’s visit.

But while his full-throated criticism of Israel has alarmed some local Jewish officials, many felt that Netanyahu’s attacks on Thursday from the U.N. plenum went too far.

“It’s scurrilous to suggest that the mayor voices support for Hamas,” Manhattan Borough President Brad Hoylman-Sigal, who is Jewish, said Friday in an interview with the Jewish Telegraphic Agency.

City Council Speaker Julie Menin, also a Jewish Democrat, has opposed Mamdani on some legislation related to protests outside houses of worship — a sensitive issue in the wake of protesters picketing outside synagogues that were holding Israeli real estate events. Menin said in a press conference on Thursday that Netanyahu’s remarks were “not helpful at all” because “we need to turn the temperature down.”

“This idea of what the prime minister said can really incite violence. We cannot have this,” Menin said.

Mamdani, an outspoken pro-Palestinian advocate, has condemned Hamas as “a terrorist organization” and has denounced antisemitic hate crimes committed in New York.

The mayor responded with a statement of his own, saying that Netanyahu “used his speech to repeat baseless lies meant to sanitize his genocide of Palestinians.”

“Yet no lie can change the fact that he remains the subject of an International Criminal Court arrest warrant alleging war crimes and crimes against humanity,” Mamdani said. The United States is not a party to the ICC and has no obligation to carry out its warrants on U.S. soil.

Netanyahu’s remarks at the U.N. General Assembly came amid a reelection campaign in which Netanyahu’s Likud Party has made Mamdani a villain. Hoylman-Sigal called Thursday’s speech a “political ploy” and a “deflection by someone who has a lot of domestic turmoil, political and otherwise.”

“Clearly, Netanyahu is fighting for his political life,” said Hoylman-Sigal, who is Jewish.

Netanyahu’s arrival in New York sparked a wave of demonstrations in Manhattan on Thursday, including multiple organized by Israeli expatriate groups who emphasized the Oct. 27 Israeli election date. Rallygoers chanted “Vote him out!” at a protest held by the Israeli anti-Netanyahu group UnXeptable.

Even before his visit, Gov. Kathy Hochul pushed back on comments Netanyahu had made. Calling Mamdani a “supporter of the Hamas monsters” was false and “hurt his own credibility,” Hochul said in an interview with the radio station WNYC earlier this week.

Morton Klein, president of the Zionist Organization of America, which is supportive of Netanyahu and has been harshly critical of Mamdani, called Netanyahu’s remarks “Churchillian” and his “greatest speech.”

“Importantly, he also called out Mamdani as a dangerous antisemite who has endangered Jews in New York City,” Klein said in a statement.

The U.N. speech came as Israeli officials have escalated their rhetoric against Mamdani.

Last month, Ofir Akunis, the Israeli consul general in New York, compared Mamdani’s support for the boycott Israel movement to Nazi Germany. A Mamdani spokesperson told JTA the comparison was “offensive, completely unhinged and detached from reality,” and said Akunis “should be ashamed of himself.”

The statement was Mamdani’s first time weighing in on the Israeli consul general, who had accused Mamdani of being directly responsible for anti-Jewish hate crimes in the city.

Republican City Council member Inna Vernikov, who is Jewish and a staunch Mamdani critic, took issue with the mayor’s response.

“When Mamdani cleans his own house, then he can criticize Jewish leaders,” said Vernikov, pointing to Mamdani’s wife’s anti-Israel views and his vetoing of a bill on protests around schools.

Brad Lander, the Jewish progressive and Democratic nominee for New York’s 10th congressional district, blasted both Akunis’ and Netanyahu’s attacks on Mamdani.

“Netanyahu and Akunis are cynically weaponizing accusations of antisemitism for their own narrow, selfish political purposes,” said Lander, one of Mamdani’s most prominent Jewish allies, in a statement to JTA. “They are making Israelis, American Jews, Palestinians, and the whole world less safe.”

Lander himself was the recipient of a Nazi Germany comparison when Bruce Blakeman, the Republican candidate for New York governor, said that Lander “would be a camp guard in the concentration camp if he could.”

Hoylman-Sigal called the comparisons “outrageous,” and said that he is more worried about a rise in far-right parties, including Germany’s AfD.

“We should be very careful, no matter what our background is, to draw such extreme comparisons,” he said.

Phylisa Wisdom, who heads Mamdani’s office to combat antisemitism, told JTA that it is “appalling that some leaders have resorted to comparing their political opponents to Nazis.”

“We can and should disagree — sometimes deeply — but we must be able to do so without debasing public discourse,” she said.

Amy Spitalnick, the CEO of the Jewish Council for Public Affairs, a group that leads outreach to non-Jewish community organizations, told JTA in an email that comparisons to Nazis should be out of bounds.

It is “particularly concerning given that our own community frequently, and rightfully, calls out those using dehumanization and/or making inappropriate Holocaust comparisons,” she said.

As a case in point, Spitalnick pointed to the Anti-Defamation League’s article on inappropriate Holocaust comparisons, which includes COVID-19 vaccine requirements and free speech complaints.

The ADL did not return a request for comment on Akunis’ Nazi Germany comparisons.

“Disagree with the Mayor on his policies or rhetoric — I certainly have — but comparisons like this are deeply offensive and wrong, in addition to undermining the very relationships and engagement necessary to ensuring Jewish safety in New York and beyond,” Spitalnick said.

This article originally appeared on JTA.org.

The post NY Jewish Democrats defend Mamdani after Netanyahu calls him a Hamas supporter appeared first on The Forward.

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‘Nobody Wants This’ star Adam Brody on Gaza: ‘Put me down as thinking it’s a genocide’

Adam Brody, the Jewish actor who plays a “hot rabbi” on the hit Netflix rom-com Nobody Wants This, called the war in Gaza a genocide in a new interview, making him one of just a few Jewish celebrities to speak out publicly against the Israeli campaign.

The comments came in an interview with GQ about Brody’s efforts canvassing for Democratic candidates in the upcoming midterms.

“Put me down as thinking it’s a genocide. Put me down as wanting a free Palestine,” he said. “It’s awful that it’s taken so much death and misery, but it does feel like it’s reaching a breaking point that it should have a while ago. I’m hopeful that another administration can really do some good and correct some of these policies that are helping that situation be as awful as it is.”

The claim of genocide in Gaza is heavily disputed. Several international bodies, human rights organizations and academic institutions have concluded Israel’s actions in Gaza since Oct. 7 fit the description, including a United Nations Commission of Inquiry. Other similar groups, like the International Court of Justice, have not applied the term.

Brody’s comments were surprising in part because he had previously kept his feelings about the war private, even as other leading Hollywood figures openly criticized it. He does not maintain a public social media presence, and he did not participate in pin-wearing campaigns or sign various petitions related to the war — an approach he indicated he might change going forward.

“I’m not wearing a pin, so I’m not inviting a certain question, and perhaps I should,” he said. “I really admire people who do. But 99% of what I’m asked about is about the show. I’m not trying to plead ignorance—here we are doing a political interview, so it makes sense that we wade into this territory—but I’ve never ducked a question, really, not a political question anyway.”

Brody — who came to fame in the 2000s as the teenager Seth Cohen on The O.C. — joins Hacks star Hannah Einbinder and Wallace Shawn (The Princess Bride) as perhaps the most high-profile Jewish actors to publicly call the war a genocide. Other Jewish entertainment figures, like Mandy Patinkin and The Zone of Interest director Jonathan Glazer, have criticized the war but stopped short of calling it a genocide.

Yet Brody’s comments are perhaps especially notable because of the character he plays on TV. In Nobody Wants This, Brody plays a rabbi dating a non-Jewish woman — introducing her to the beauty and foibles of Jewish faith and culture. Israel has been conspicuously absent from the show, with its creator, Erin Foster, saying she deliberately avoided geopolitics.

Season 3 of Nobody Wants This releases to Netflix October 22.

The post ‘Nobody Wants This’ star Adam Brody on Gaza: ‘Put me down as thinking it’s a genocide’ appeared first on The Forward.

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