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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.’”
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Tidbits: New German textbooks about the Jewish religion
Tidbits is a Forverts feature of easy news briefs in Yiddish that you can listen to or read, or both! If you read the article and don’t know a word, just click on it and the translation appears. Listen to the report here:
צום ערשטן מאָל זינט דעם חורבן האָבן די דײַטשישע עפֿנטלעכע שולן באַקומען לערנביכער געווידמעט דער ייִדישער רעליגיע, כּדי די לערערס זאָלן קענען זיי ניצן ווי אַ טייל פֿונעם קוריקולום.
די סעריע פֿון אַכט בענד, „דעת הדורות“ (דאָס וויסן פֿון די דורות), וועט לערנען תּלמידים צווישן 10 און 16 יאָר אַלט אויף דײַטש וועגן דער תּורה, דעם תּנך, די תּפֿילות, ייִדישער עטיק, הלכה, יום־טובֿים, דעם ייִדישן לעבנס־ציקל און דער ייִדישער געשיכטע.
דער ערשטער באַנד, וואָס קאָנצענטרירט זיך אויף דער תּורה, וועט מען אָנהייבן ניצן אינעם נײַעם שוליאָר.
די ביכער, וואָס זענען צונויפֿגעשטעלט געוואָרן דורכן „צענטראַל-ראַט פֿון די ייִדן אין דײַטשלאַנד“ בשותּפֿות מיטן „ערנסט קלעט פֿאַרלאַג“, ווערן געצילעוועט סײַ אויף פּריוואַטע ייִדישע שולן סײַ אויף מלוכישע שולן איבער גאַנץ דײַטשלאַנד.
דער ציל איז צו באַקענען די תּלמידים מיט דער ייִדישער רעליגיע און טראַדיציעס אין אַ צײַט וואָס עס וואַקסט דער אַנטיסעמיטיזם איבערן לאַנד.
ביז איצט האָבן די לערער פֿון רעליגיעזע ייִדישע לימודים נישט געהאַט קיין מאָדערנע לערנביכער וועגן יהדות אין הסכּם מיטן קוריקולום, אַזוי ווי ס׳האָבן געהאַט די לערער פֿון קריסטלעכע רעליגיעזע לימודים. צוליב דעם בלויז האָבן די לערער פֿון דער ייִדישער רעליגיע געמוזט אַליין צונויפֿשטעלן אַרבעט־בויגנס און אַנדערע מאַטעריאַלן, וואָס זיי האָבן איבערגעזעצט פֿון אַנדערע שפּראַכן.
אין אַ מעלדונג האָט שילה ערלבוים, די אָנפֿירערין פֿונעם אָפּטייל פֿון פּאָליטיק און רעליגיע בײַם ייִדישן צענטראַל־ראַט, געזאָגט: „מיר האָבן טאַקע געדאַרפֿט אַ סיסטעמאַטישן לערן־רעסורס, וואָס באַזאָרגט די קינדער נישט בלויז מיט לערן־מאַטעריאַל, אָבער מוטיקט זיי זיך אַקטיוו צו באַטייליקן,“ האָט זי געזאָגט.
„דורך ׳דעת הדורות׳ קענען זיי לייזן בילדער־רעטענישן; זיך דערוויסן וועגן די געשעענישן פֿון משה רבינוס לעבן דורך אַ ווערפֿל־שפּיל, אָדער אויספּרוּוון זייער וויסן פֿון ייִדישע טערמינען דורך דער מאָבילקע אָדער אַ „גיכענטפֿער קאָד“ (QR code),“ האָט ערלבוים געזאָגט.
יאָזעף שוסטער, דער פּרעזידענט פֿונעם ייִדישן צענטראַל־ראַט, האַלט אַז די לערנביכער זענען אַ וויכטיקער אויפֿטו. „אַ דאַנק דעם פּראָיעקט וועט די ייִדישע רעליגיעזע בילדונג איצט זײַן גלײַך מיט די קריסטלעכע רעליגיעזע לימודים,“ האָט ער געזאָגט.
צו לייענען וועגן דעם אויף ענגליש גיט אַ קוועטש דאָ.
To read about this in English click here.
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Far-right win in German regional race sends shockwaves through Europe
(JTA) —
A victory for Germany’s far-right party in an eastern federal state has reverberated across the globe, exposing the widening rifts between alarmed centrist leaders and insurgent nationalist movements in Europe.
The Alternative for Germany (AfD) party won 43.8% of the vote in an election in Saxony-Anhalt on Sunday, crushing the center-right Christian Democratic Union (CDU), German Chancellor Friedrich Merz’s party, which held 17.2% support, according to preliminary figures.
The AfD is now heading toward 39 seats in Saxony-Anhalt’s 83-seat state parliament. It’s expected to fall 3 seats short of an outright majority, leaving open the question of whether it can form Germany’s first far-right state government since World War II. The party has proposed a sweeping nationalist agenda that includes deporting immigrants, defunding “anti-German art” and teaching children less about the country’s Nazi past.
Merz told reporters in Berlin on Monday he was “deeply shocked” and “unsettled” by the results, which he said rippled through the rest of the country and the world. He added that it was impossible for Germany to “go back to business as usual” after so many voters in Saxony-Anhalt chose a party that “questions the democratic institutions in our country.”
The results dealt the CDU its “most severe defeat” in decades, conceded Merz, who leads the party once headed by former German Chancellor Angela Merkel.
Merz said that he was searching for answers to “why far-right populism and far-right extremism was able to rise in such a rapid manner,” suggesting that his party may have underestimated the “fears of our population” amid economic crises and rapid technological change. He said that minorities in Saxony-Anhalt would be particularly vulnerable under an AfD government, but noted that the state would still have obligations to follow federal law, including regarding immigration policy.
Merz also directed his message to the rest of Europe, saying that Germany had a “special responsibility because of its history” to keep its political order “deeply anchored in Europe.”
Despite the scale of the CDU’s defeat in Saxony-Anhalt, Merz ruled out stepping down, saying, “Giving up is not an option.”
Though Saxony-Anhalt is one of Germany’s smallest regions, home to some 1.7 million voters, its election results quickly sent shockwaves through other European countries whose leaders, like Merz, are fighting to fend off far-right, anti-immigrant parties in national elections next year.
French Europe Minister Benjamin Haddad called the AfD’s regional win a “grave moment in Europe” and said that “nationalism and xenophobia will never be a solution.”
“We cannot forget our history,” said Haddad, an ally of centrist President Emmanuel Macron. “That is the meaning of the choices made by France and Germany.”
France’s government faces its own fears of a right-wing populist wave. Marine Le Pen, the head of the far-right National Rally, has dwarfed all other candidates in polls heading into France’s presidential election in 2027, when term limits force Macron to step down.
Across the Channel, British Chief Secretary to the Treasury Emma Reynolds said in an interview on Times Radio that the U.K.’s Labour government “will not be reaching out to a right-wing populist party.” She added that she put the AfD in “the same political bracket” as Reform UK, the far-right party that surged in local elections earlier this year.
Polish Prime Minister Donald Tusk also condemned the AfD’s victory. The far-right party has alarmed Poland, Ukraine’s neighbor, with its pro-Russia stance, as it seeks to halt Germany’s military aid to Ukraine and sanctions against Russia.
“In Poland, only idiots or traitors can rejoice at the triumph of the AfD in Germany,” said Tusk.
Meanwhile, the AfD was cheered by nationalist, anti-immigration party leaders in Spain, Portugal and the Netherlands, all of whom have sought to capitalize on economic and social grievances similar to those that contributed to the AfD’s victory Sunday.
Santiago Abascal, the head of Spain’s far-right Vox party, called the result “a great hope for Germany and for Europe.”
André Ventura, the founder of Portugal’s far-right Chega party, said that “the Germans too are opening their eyes against illegal and uncontrolled immigration, corruption, and the capture of our freedom and identity.”
And in the Netherlands, the AfD received a “Congratulations” from the far-right Party for Freedom’s leader, Geert Wilders.
While President Donald Trump has yet to officially respond to the Saxony-Anhalt election, he posted a screenshot of the results without comment on his Truth Social account Sunday night.
Trump’s post was shared by Kirill Dmitriev, a Russian presidential envoy and businessman, who said the AfD scored a “historic win” that would “put migration under control.”
Elon Musk, the billionaire and former Trump adviser who campaigned for the AfD last year, gave his support to the national party leader Alice Weidel on X, which he owns, writing “Well done” in German.
Ulrich Siegmund, the AfD’s candidate in Saxony-Anhalt who hopes to become the state premier, responded by praising Musk.
“Thank you, @elonmusk, for your support and for your clear and highly important perspective on the political developments of our time — including here in Germany,” he wrote.
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In new ‘Fauda’ season, the aftershocks of Oct. 7, without a thought for Gaza
When Fauda Season 4 ended an eternity and a devastating war ago, our hero was at death’s door, reciting both the central prayer of Judaism, the Shema, and the Muslim Fatiha.
It was a cliffhanger with monumental implications for Doron Kavillio (Lior Raz), an Israeli Jew who spent his days undercover as a Muslim Arab — an identity crisis long in coming. Zoom out and you can see the doomed duality of Israel and Palestine, Jew and Muslim, connected in a cycle of death and more alike than they may seem.
Season 5 begins bilingually, with Hebrew and Arab definitions of the Arabic word Tha’r, blood revenge, “restoring violated honor or avenging injustice.” This concept is now the point of commonality — not how men pray, but how they seek revenge.
Welcome to a post-Oct. 7 Israel. Doron is in therapy, struggling to recall eight missing hours of his life on the day of Hamas’ attack on the Gaza envelope.
Comrades have left the country — Steve (Doron Ben-David) is protecting oligarchs in London, Sagi and Nurit are in Australia. Eli (Yaakov Zada-Daniel) is now Orthodox, living in a settlement and reeling from the murder of his wife and stepchildren at his now-torched kibbutz. When a Bedouin friend, Salem (Bian Anteer) who lost his son in the raid on Eli’s home, approaches him with a tip on the Nukhba fighter responsible, they depart for Marseille to answer the call of Tha’r.
It would hardly be Fauda if this act of vengeance didn’t give way to a much larger plot. Marseille is the staging ground for Saeed el Hatib (French-Algerian actor Hakim Djaziri), “the Sinwar of Europe,” who is recruiting sympathetic, white continentals for a fresh massacre in Israel.
Fauda has always made some viewers uncomfortable. Massively entertaining, bingeable to those of us who stream it in the Netflix aftermarket, its existence was premised on ongoing injustices in the West Bank and Gaza and the violence that bursts through their borders. (The BDS movement labelled it a “war-crimes glorifying” series;” Haaretz called it “morally dubious.”)
And yet as late as the last season it contained very real criticism of Israel’s conduct, including its costly campaigns to recover captured soldiers and the torture used to extract information on their whereabouts. The show always alluded to real operations — Cast Lead, Brother’s Keeper — in dialogue. But because it can’t merely mention an attack as raw and monumental as Oct. 7, and because it has no desire to question the response to it, it chooses to recreate its savagery.
Episodes 7 and 8, flashbacks to that day, are front-loaded with a trigger warning and a disclaimer that you can skip them and still be able to follow the main plot.
It’s hard for me to recommend those episodes. If not exactly atrocity porn, their central, race-against-time set piece is too anchored in recent events and constructed too much like an action movie. It feels in a sense exploitative, even if intended as a tribute. (To give them credit, both Lior Raz and his co-creator Avi Issacharoff, who said they “wrote from their trauma,” were on the ground helping the south of the country evacuate in the aftermath.)
The new season starts with the promise of complexity. It opens on a grieving Muslim father and shifts to a milksop accountant who worked for Hamas, seemingly tortured by Eli in a blind rage for a crime he didn’t commit. Could an excessive devotion to Tha’r, a tribal code of retribution, be the diagnosis of the show’s creators of Israeli society at this moment?
If it is, it’s not a critical one. The villains are the villains, and, most revealingly, they now number people with no connection to the conflict.
Hatib’s enlistment of white Europeans for a mass-casualty terror attack services a trite narrative of postcolonial guilt finding an outlet in the pro-Palestinian cause. It works on another level too: This fighting force is squaring off against Doron’s corps of Mizrahi Jews, whose mere presence dismantles the lie that Israelis are themselves all white colonizers, and that Israel and the European empire of yore are in any way analogous.
When, back at mission control, the counterterrorists speak of “suspicious-looking Europeans” who are “in their 30s,” the derision for this type of fellow traveller is palpable. Their standard bearer, Mélanie Laurent, formerly Tarantino’s “face of Jewish vengeance,” plays Anne, a blonde, “high middle-class Catholic French woman” who straps up with C-4, a keffiyeh ever-draped around her neck. Through her, and in a quite literal way, the show suggests the Western love affair with Palestinians — which in this season’s logic means Hamas — is misguided.
All the while, we never see Gaza, where much of Season 3 was set, with some among its population humanized. We never reckon with the destruction there. We hear about it, and a kind of lip service is paid to the crime of collective punishment — the sort that we hear at the end of almost every season — but it’s secondary to storytelling as elegy and justification. One could just have easily placed the Hebrew word Zachor before that first cold open: Remember what they did to us.
At one point, after a shootout with more blood spatter than I ever recall seeing on the show, Doron empties his clip into an enemy with the words “this is for October 7.” Seconds later, in a Shin Bet command room his handler Gabi (Itzik Cohen, whose between-seasons weight gain is a running joke) quips, a la Danny Glover in Lethal Weapon, “I’m too old for this.”
He’s not the only one.
In the past week I’ve chatted with some folks older than me — they don’t know each other and are largely to my right on Israel — who don’t relish the thought of another season. Not just because they don’t want to watch Oct. 7 reenacted, but because following the exploits of Israeli security agents has vastly different optics after the Hamas-Israel war, unprecedented settler violence and National Security Minister Itamar Ben-Gvir’s recently-stated ideal scenario of killing “30 or 40” Palestinians in Gaza each night.
This may well be the privilege of the diaspora, but the fatigue points to a shift in attitude that’s worth paying attention to. If these horrors are out of sight, out of mind this season, they’re top of mind to many who are watching — and many others who might have once tuned in.
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