Uncategorized
She represents the ‘worst of the worst.’ Now Judy Clarke is leading the defense in Pittsburgh synagogue massacre trial.
PITTSBURGH (Pittsburgh Jewish Chronicle via JTA) — When Judy Clarke delivered her opening statement to the jury that will determine the fate of the man charged with committing the massacre in the Tree of Life synagogue building, she did not deny that her client was responsible.
In fact, she sympathized with the victims and their families.
Clarke, 71, began her address by acknowledging the horror of Oct. 27, 2018, and its aftermath.
“The tragedy that brings us together today,” she said in a soft-spoken yet confident voice, is “almost incomprehensible. It’s inexcusable. … Eleven lives were taken, others shattered. The loss that occurred is immeasurable.”
She told the jury there was “no disagreement, no doubt” about the identity of the perpetrator. It was “the man seated at that table,” she said, indicating her client. “He shot every person he saw and, in the process, injured others in their sacred spaces.”
Clarke was appointed to Robert Bowers’ defense team in December 2018, after he requested the counsel of a federal public defender specializing in death penalty cases. He faces 63 criminal counts related to his attack on congregations Dor Hadash, New Light and Tree of Life*Or L’Simcha. Many of the charges carry the death penalty.
Support JTA’s partnership with the Pittsburgh Jewish Chronicle throughout this trial.
As the trial proceeds, Clarke won’t try to convince the jury her client isn’t guilty. A “win” for her defense team will be for the defendant to avoid a death sentence and instead have him remain in prison for the rest of his life.
Clarke has vast experience defending those whom some call “the worst of the worst.” Her roster of past clients includes Susan Smith, who murdered her two young sons by drowning them in a lake in South Carolina; Theodore Kaczynski, otherwise known as the Unabomber; Buford Furrow, a white supremacist who opened fire in a Jewish community center outside of Los Angeles in 1999; Eric Rudolph, who planted a bomb in Centennial Olympic Park in Atlanta during the 1996 Summer Olympics; and Dzhokhar Tsarnaev, a perpetrator of the Boston Marathon bombing.
Except for Tsarnaev — whose case is under appeal — Clarke succeeded in avoiding a death sentence for all her clients, either by negotiating a plea deal or by convincing the jury that mitigating factors, such as a mental illness, precluded imposition of the ultimate punishment.
Clarke’s team tried to negotiate a deal for a life sentence for Bowers in exchange for a guilty plea but was unsuccessful. Four and a half years after the deadliest antisemitic attack in U.S. history, the three-week jury selection process commenced on April 24 and testimony began on May 30.
“This is not a straightforward murder case,” Clarke told the jury in her opening statement. The federal charges — which include obstruction of free exercise of religious beliefs resulting in death — must be proved by showing the defendant had the requisite intent to commit those particular crimes, she said.
She acknowledged that her client’s actions on Oct. 27, 2018, were “reprehensible” and “misguided” and recounted his virulent social media postings and other rantings about Jews. But she also portrayed him as “quiet” and “socially awkward, a man with few friends.” He didn’t live on his own until he was 44, she said, and his family saw him as someone “more likely to commit suicide than kill others.”
It’s clear that Clarke is appalled by her client’s actions. It’s also clear that she is determined to see that his rights are protected and that the judge and the jury faithfully apply the rule of law.
“Judy is one of the best lawyers I’ve ever known,” said Laurie Levenson, a professor at Loyola Law School in Los Angles and a former federal prosecutor. “She works insanely hard. She spends the time with the clients that she needs to. She doesn’t believe in the death penalty, and she’s devoted herself to representing people who are, you know — ‘the Voyage of the Damned’ is what she would say.”
Levenson, who has known Clarke for three decades, described her as “honest” and “very humble.”
“She doesn’t stand against the victims,” Levenson stressed. “I think she actually feels very much for the tragedy that occurred. But she has a job to do, which is to try to save her client’s life. And she does it with integrity.”
The two met during the Unabomber case, when Clarke was representing Kaczynski and Levenson was a legal commentator for CBS. Kaczynski at first resisted a plea deal sentencing him to life in prison because he did not want to admit to mental health issues.
Defense attorney Judy Clarke, at right, responds to questions at a press conference after the trial of Unabomber suspect Theodore Kaczynski was delayed in Sacramento, California, Jan. 8, 1998.(Rich Pedroncelli/AFP via Getty Images)
“She had a very difficult client, one that I think a lot of people would just sort of throw up their hands and say, ‘What can I do?’” Levenson recalled. “And she was able to get him to agree to that plea, which probably saved his life.”
Ted Kaczynski’s brother, David Kaczynski, praised Clarke for her ability to see humanity, even in those who have committed unspeakable atrocities.
“She has a really good heart, a really good intention,” David Kaczynski said. “I think she really cares about her clients. I think she has a kind of unconditional commitment to their humanity. And, of course, that meant a lot to me, because as much as I deplore what my brother did in harming people, I love him. He’s my brother.”
“So it’s a very fine line to walk, representing the client who has clearly got some serious personal problem,” he continued. “Ted was quite a loner. He was very shy. He had a very difficult time connecting with anybody. And in this very difficult situation, Judy was able to be there for him, and I think that was really meaningful for Ted, that he had some support, some human connection at this time of crisis in his life.”
David Kaczynski has followed Clarke’s career and continues to be impressed with her “professionalism and sense of humility.”
“I think the legal profession is trained to be strictly analytical and adversarial,” he said. “And she somehow works within this environment in a way that preserves her humanity as she’s trying to make people aware of the humanity of someone whose very right to exist is in question.”
Some question whether a person who has committed a heinous crime deserves a zealous defense. Levenson insists they do.
Our judicial system is “best served” when capital defendants are provided with a high-caliber defense, Levenson said, because “it’s in these situations where people are so emotionally invested that we can get it wrong.”
In addition to being a former prosecutor, Levenson created the Loyola Project for the Innocent, which works to get those who are serving sentences for crimes they did not commit out of prison.
Defense attorney Judy Clarke, seen here in Pittsburgh in 2023, is representing the man accused of murdering 11 Jews during Shabbat services in Pittsburgh in 2018. (Screenshot from KDKA report)
“I’ve seen firsthand that there are far too many lawyers who just immediately assume that their client’s not only guilty but should get the most severe punishment — that there’s nothing to be said on their client’s behalf,” Levenson said. “And you and I both know there’s a lot more to any given case, and that even people who do terrible crimes have other aspects of their lives that the justice system should consider.”
“In our system, we are supposed to consider each case, each individual, the facts, and not only determine whether someone’s guilty but what should happen to them,” she continued. “And that works well. When you have a lawyer who’s just going through the motions — and the one thing you can say about Judy is she doesn’t just go through the motions — I think the public can have more confidence in the verdict. As long as that lawyer is acting honestly and with integrity, it’s so much better to have that zealous advocate.”
The massacre at the Tree of Life building “was just a terrible, terrible, terrible tragedy,” said Levenson, who is Jewish. Clarke “will do her best to keep the case in perspective. In other words, focus not on big messages, but on this individual and any mitigating factors for this individual.”
Jon B. Gould, dean of the School of Social Ecology at the University of California-Irvine, has researched attorneys who specialize in death penalty cases. In 2019, along with Maya Pagni Barak, he published “Capital Defense: Inside the Lives of America’s Death Penalty Lawyers,” a book based on extensive interviews, providing insight into the reasons someone would willingly represent a person who has committed an egregious crime.
“They are an unusual kind of lawyer,” Gould said. “They’re actually an unusual kind of person because for many of these cases, they are representing what is sometimes said to be ‘the worst of the worst.’”
There are a variety of motivating factors for capital defense work, Gould said. Some of these lawyers are strongly opposed to state-sanctioned killing. For others, he said, “it is the excitement of the most complicated kind of law.”
Other death penalty specialists take the cases for “professional prestige,” and some do it for the money because capital defense lawyers get paid more than regular defense lawyers, Gould said. Some take the cases for religious reasons.
“Now, that’s all in the larger context of none of these lawyers looks at the facts of the case and thinks it’s anything other than a horrific tragedy,” Gould stressed. “I also found that for many of them, they are entirely sympathetic to the family members of the victims. They don’t look at these cases and think, no big deal. They look at these cases and think that’s something horrible that happened to the victim’s family, but they also look at the defendant and think, as one of them said to me, ‘No one gets to this place of being the defendant without having something horrible having happened to them earlier in life.’”
Death penalty cases are “really, really, really hard on defense lawyers,” Gould added. “It’s really distressing work. The evidence that they have to pore through is horrific. Many of them have PTSD.”
While many people “look at defense lawyers and think there must be something wrong with them,” Gould said it’s essential to remember “that they are fulfilling a very important function in the criminal justice system that none of us would ever want to have to do.”
“That doesn’t mean that any of us is unsympathetic to the victims,” he emphasized. “No one deserves what’s happened in any of these cases. But if we do believe in the rule of law, then there needs to be capital defense lawyers. And we need to respect the work they’re doing because that’s what it means to live in a system of rule of law and not simply a system where we simply execute people in the town square without the opportunity to have a defense.”
This story is part of ongoing coverage of the Pittsburgh synagogue shooting trial by the Pittsburgh Jewish Chronicle and the Pittsburgh Union Progress in a collaboration supported by funding from the Pittsburgh Media Partnership. It is reprinted with permission.
—
The post She represents the ‘worst of the worst.’ Now Judy Clarke is leading the defense in Pittsburgh synagogue massacre trial. appeared first on Jewish Telegraphic Agency.
Uncategorized
The Netherlands will return to Eurovision after boycott over Israel
(JTA) — The Netherlands will return to the Eurovision Song Contest, overriding a broadcaster that withdrew over Israel’s actions in Gaza.
The Dutch organization that oversees public broadcasting, the Nederlandse Publieke Omroep, said on Wednesday that it will take over the country’s entry to Eurovision after Avrotros, the broadcaster that usually takes part in Eurovision for the Netherlands, pulled out of the 2027 event in Burgas, Bulgaria.
Avrotros said last month that it withdrew because the event “can no longer be considered neutral,” citing Israel’s inclusion amid “the severe humanitarian suffering in Gaza and the ongoing restrictions on press freedom.”
Avrotros dropped out of the most recent contest in May 2026, and the Netherlands did not participate after the NPO ruled out identifying another broadcaster. Spain, Ireland, Iceland and Slovenia also boycotted this year’s Eurovision. Israel’s participation in the world’s largest music contest has become a source of intense controversy, sparking mass protests. The contest drew 35 million fewer viewers this year.
For the next Eurovision, NPO is assigning the broadcaster NOS to provide coverage of the event and an “independent team of experts” to select the Dutch act.
“We understand that participation in the Eurovision Song Contest evokes mixed feelings in the Netherlands,” said Jet de Ranitz, the chairman of the NPO’s executive board. “We have explicitly asked the [European Broadcasting Union] to once again make the unifying character of the festival an important part of the event, in recognition of a time of geopolitical unrest, war, and polarization.”
The NPO added that the EBU, which owns the contest, has “taken significant steps regarding the rules of the Eurovision Song Contest.” The EBU introduced changes in August that included barring countries involved in armed conflict from hosting the competition. It also made adjustments to the voting process after accusations of politically motivated voting.
Avrotros said the new rules were not sufficient to ensure that Eurovision remains “independent and neutral.”
Martin Green, the director of Eurovision, said in a statement that the contest was “delighted to welcome the Netherlands back” in 2027.
Ireland is set to boycott Eurovision again in 2027 after RTÉ, the national broadcaster, said last week that its position “remains unchanged.”
RTÉ cited “the appalling and ongoing loss of lives in Gaza and the humanitarian crisis there which continues to put the lives of so many civilians at risk,” adding that it was “deeply concerned by the continued denial of independent access to international journalists to the territory.”
Spain could also stay out of Eurovision next year. José Pablo López, the president of Spanish broadcaster RTVE, announced at a Senate hearing on Tuesday that he supported a continued boycott, saying it was “painful that Israel continues to participate.”
Meanwhile, Belgium confirmed its participation despite calls for a boycott by its public media unions.
“Participation is in no way an endorsement or normalization of what is happening in Gaza and the rest of the world,” said Frederik Delaplace, the CEO of the Flemish broadcaster VRT. “We do note, however, that the EBU is no longer shying away from these difficult societal and geopolitical issues.”
The post The Netherlands will return to Eurovision after boycott over Israel appeared first on The Forward.
Uncategorized
Police label shooting in Belleville, Ontario, a hate-motivated attack against the Jewish community
(JTA) — TORONTO – The shooter who opened fire on a Belleville, Ontario, synagogue Sunday evening committed an anti-Jewish hate-motivated offense, according to the city’s police chief.
“This was a deliberate attack directed at members of the Jewish community during one of the holiest observances of the year,” Belleville police chief Murray Rodd said at a press conference on Thursday, adding that the shooter had combustible materials, including gasoline, in his truck.
He said the threat posed to Jewish communities required increased alertness on the part of Canadian law enforcement. Police stationed outside the Sons of Jacob synagogue had engaged in a shootout with the assailant, Sean Ward, that prevented him from entering the building as members of the congregation were about to begin Yom Kippur services.
Rodd noted that the force had a long-time relationship with the Jewish community that involved “our proactive pre-positioning of on-duty staff” to ensure the safety of Jewish worshippers. “One of the messages to my colleagues around the province and the country is: It is clearly time that we all be proactive.”
Rodd said the efforts of Constables Jeff Smith and Michael McCurdy prevented the attacker from using the explosive materials he had with him, as well as a “significant” amount of ammunition.
Smith, who was stationed outside of Sons of Jacob to provide security, remains in critical condition but is making progress, according to Rodd. Ward later died of his wounds from the exchange with police.
“[The shooter] had the means, the mechanism, and the motive to perpetrate a greater act. The only thing that stopped entry into the synagogue to execute the intent were the two officers,” said Rodd. “He was equipped with other weapons and the means to carry on a gun battle for a long period of time.”
The CBC reported that police obtained a video of the attack in Belleville, a town over 100 miles east of Toronto on the north shore of Lake Ontario. On the video, Ward is heard shouting. Police report he is saying, “You are going to die for the Jews.”
Rodd confirmed that before Ward targeted the Sons of Jacob, he scoped out the synagogue grounds. “We know that there was a reconnaissance in the presence of our officer, but nothing that would have alarmed him or would have triggered him to be on the defensive,” Rodd said.
Ward was a former member of the Canadian Armed Forces. Rodd noted.
“He was shot multiple times in multiple places,” Rodd said. “He has everything extending from fractures to wounds, and is still bearing shrapnel.”
The post Police label shooting in Belleville, Ontario, a hate-motivated attack against the Jewish community appeared first on The Forward.
Uncategorized
US Senate Democrats seek sanctions on those facilitating controversial West Bank settlement project
(JTA) — A slate of U.S. Senate Democrats, led by staunch Israel supporter Chris Coons, is seeking to sanction individuals and businesses linked to a controversial settlement expansion in the West Bank.
The massive E1 project, which would add 3,401 housing units east of Jerusalem, would effectively bisect the West Bank, inhibiting the prospects for a contiguous Palestinian state in the West Bank. It would also further separate the West Bank from East Jerusalem, which Palestinians seek as the capital of a future state. Israel recently issued new construction tenders for the project, following the government’s approval of the plans last summer.
Coons, of Delaware, introduced legislation this week that would target “any foreign person” deemed “responsible for or complicit in” the construction or financing of, or investment in, the planned E1 settlement, as well as the leaders of any entity that has engaged in such activities.
“As Palestinian civilians face a campaign of devastation and fear from violent extremist settlers, the United States must send a strong message that this behavior is unacceptable,” Coons said in a statement.
Israel, he added, must demonstrate “that it remains committed to freedom, security, prosperity, and self-determination for all Israelis and Palestinians.”
Global leaders have slammed the prospective development, as have many U.S. lawmakers. Yet even amid the increased criticism of the Israeli government, the bill is unlikely to advance in a Congress with Republican majorities in both chambers.
Coons thus far has garnered support from 18 of the Senate’s 44 other Democrats, including three co-authors: Elizabeth Warren of Massachusetts, Ron Wyden of Oregon and Ruben Gallego of Arizona. Wyden is Jewish and a longtime Israel supporter.
“For decades, American presidents from both parties have warned successive Israeli governments that construction in E1 threatened the viability of a Palestinian state and was unacceptable to the United States,” Coons said.
As unlikely as it is that the bill will pass, its introduction is symbolic of the chasm that has grown in recent years between Israel and the Democratic Party. The legislation is led by Coons, who has a solid pro-Israel record. Previous sanctions backed by Democrats, including by former President Joe Biden, have generally targeted settler violence and offensive weapons, while this bill centers on what Israel’s government would regard as a conventional building project.
Warren, Wyden and Gallego all voted in favor of a failed resolution authored by independent Vermont Sen. Bernie Sanders, which sought to stop the sale of military bulldozers to Israel. Coons, who voted against the measure, was one of just seven Democrats to do so.
While Warren’s position on Israel has fluctuated in recent years, she has consistently maintained that Israel has a right to defend itself and has voted against measures to boycott, divest from and sanction Israel. But she has been a sharp critic of Israeli Prime Minister Benjamin Netanyahu and suggested conditioning military aid to Israel on compliance with U.S. and international humanitarian law.
Regarding the E1 settlement sanctions bill, Warren said the U.S. “must use all diplomatic and economic tools available to counter rapid settlement expansion and extremist settler violence.” These “spiraling trends” risk undermining “the prospect of lasting peace for Israelis and Palestinians,” she added.
The bill would sanction “foreign persons that have facilitated Israeli settlement construction in the E1 area,” including those who have submitted tender bids, offered guarantees to such bids, signed development or lease agreements, provided construction-related services or financed related infrastructure.
The sanctions would “block and prohibit all transactions in property and interests in property” of such a person in the U.S., with exceptions made for those providing humanitarian assistance or conducting intelligence activities in the area.
“The E1 settlement project is a move towards de facto annexation of the West Bank,” Warren stated. “Those who choose to facilitate settlement construction should understand that they risk losing access to the U.S. financial system.”
Wyden, who has a similar record of backing Israel while criticizing Netanyahu, slammed the prime minister’s “disgraceful policy of expanding West Bank settlements,” noting that such activity “crosses a clear red line and makes Palestinian statehood and lasting peace even more difficult.”
He, too, urged the U.S. to “stand up against Netanyahu’s campaign of violence and aggression against Palestinian civilians” by sanctioning those who “are complicit in this unlawful action.”
The fourth co-author, Gallego, in recent months has shifted his stance from pro-Israel centrist to a fierce and outspoken opponent of the country’s current military operations.
“Proposed Israeli construction of new settlement homes in the E1 area would cut off East Jerusalem from the West Bank and threaten a viable Palestinian state,” he said.
Describing the project as “a step in the wrong direction,” he noted that “for decades, Democrats and Republicans alike have pushed for a two-state solution.”
Coons, Warren, Wyden and Gallego are not alone in hammering the advancement of the E1 project. Their bill followed collective action taken by the United Kingdom, France and Canada earlier this month, when the countries decided to ban goods from West Bank settlements and Jewish areas of East Jerusalem.
At the same time, the U.K. and 11 other nations released a joint statement announcing “their intention to introduce national and/or support European restrictions on trade in goods with settlements which are illegal under international law.”
At the U.N. General Assembly on Tuesday, British Prime Minister Andy Burnham warned that the E1 settlement’s construction would “threaten to put a viable Palestinian state beyond reach.”
“We want to see the suffering and death finally come to an end,” Burnham added. “We want to see Israeli and Palestinian people living side by side in peace and security.”
Back in Washington, joining the four co-authors of the bill were 15 other senators who signed on as cosponsors, most of whom are likewise long-time allies of Israel but sharp critics of the Netanyahu government.
The co-sponsors include Michael Bennet of Colorado, Tammy Duckworth of Illinois, Martin Heinrich of New Mexico, Tim Kaine of Virginia, Mark Kelly of Arizona, Andy Kim of New Jersey, Jeff Merkley of Oregon, Chris Murphy of Connecticut, Patty Murray of Washington, Jack Reed of Rhode Island, Brian Schatz of Hawaii, Adam Schiff of California, Elissa Slotkin of Michigan, Chris Van Hollen of Maryland and Peter Welch of Vermont.
The liberal pro-Israel group J Street welcomed the legislation, with its president, Jeremy Ben-Ami, declaring “the end of the era in which right-wing Israeli governments could ignore U.S. demands to halt settlement expansion.”
The post US Senate Democrats seek sanctions on those facilitating controversial West Bank settlement project appeared first on The Forward.
