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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.

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For Venezuela’s historic Jewish community, the earthquake is a crisis they can’t afford

Less than two hours after two powerful earthquakes left hundreds dead and thousands missing in northern Venezuela, including its capital city of Caracas, families whose homes had been rendered unlivable began to make their way to Hebraica, the Jewish community center in Caracas, where they spent the night sleeping on beach chairs and in cars parked on the center’s football field.

That night, more than 400 people sought refuge.

“Based on all the years of hardships we’ve had — massive power outages and other problems — the community already knows where they can go if something happens,” said Roberto Mishkin, president of the Union Israelita de Caracas, the country’s largest Ashkenazi Jewish congregation, adding that aftershocks are still rattling the area.

“A lot of people don’t want to return because they live on high floors. They’re scared.”

The sprawling campus of Hebraica— built decades ago when Venezuela’s Jewish population numbered around 30,000 — has become an emergency shelter, complete with mattresses, medical care, communal meals and preparations for Shabbat.

According to community leaders, two members of Venezuela’s Jewish community have been confirmed dead, and several others remain missing. Hundreds more are displaced — their houses destroyed or severely damaged.

“People are worried, very worried, very anguished, and a lot of people don’t know if they can go back to their homes,” said Elias Farache, the former president of the Sephardic community in Venezuela and a former leader of the Venezuelan Zionist Federation.

“It’s the club, so people feel very comfortable in this place,” he added, explaining that the tight-knit community has found comfort in gathering together.

Mishkin says Venezuela’s Jews have been in dire straits for years. Before the earthquake, more than 300 Jewish families received food and medicine through local Jewish organizations such as Keren Ezra, which receives support from international partners, including the American Jewish Joint Distribution Committee, commonly known as the Joint.

Under normal circumstances, Keren Ezra distributes staples such as raw chicken, rice and other groceries. Now, many families no longer have kitchens, so Keren Ezra has been distributing tuna, rice, crackers, cookies, coffee and other emergency supplies to people seeking shelter at Hebraica. Hundreds of displaced people are relying on the organization’s reserves.

“We’re trying to manage the problems as they come, because to be hysterical doesn’t help,” said Syma Farache, a Caracas-based community member and the director of Keren Ezra. “We do have products in stock for emergencies. We buy them four months in advance, but now we realize it’s not enough because we didn’t expect this.”

Several Israeli and international Jewish organizations are working to send aid and rescue teams to Venezuela. Because Israel does not maintain an embassy or consulate in the country (former President Hugo Chávez severed diplomatic ties with Israel in 2009), Jewish community leaders are also coordinating with Venezuelan authorities to facilitate the arrival of these personnel. The first of these organizations began arriving on Friday, with the Jewish humanitarian organization CADENA reaching Venezuela, and an Israeli rescue team expected to arrive on Sunday. Others, including IsraAID and the Joint, remain on standby until Caracas’ airport reopens.

Farache said while there is no shortage of supplies yet, there could be if the airport does not open soon.

For now, community leaders are trying desperately to maintain a sense of normalcy. On Friday, they purchased mattresses so evacuees would no longer have to sleep in their cars or on beach chairs. A rabbi plans to spend Shabbat at the community center, while volunteers prepare cholent, the traditional Shabbat stew, to feed the displaced. Early next week, organizers hope to open a communal kitchen for those who cannot afford to purchase meals.

A stack of mattresses in the Jewish community center Photo by Roberto Mishkin

But addressing the immediate aftermath is only the beginning. Hundreds of displaced people will need housing

“Now everybody here is safe,” Mishkin said. “We’re feeding a few families, and we’re trying to make do, but this is a very poor community.”

He recalled that Venezuela’s Jewish community was once among Latin America’s most prosperous. The community has declined sharply over the past two decades, from a peak of 30,000, as part of a broader exodus that saw 7 million people leave the country due to political, economic and social challenges, including rising antisemitism.

The economy has seen a slight upturn since U.S. forces removed Venezuelan leader Nicolás Maduro in January, but day-to-day life for most residents remains a struggle. Community institutions have continued to serve members and adapt to the new reality, all while struggling to raise money for social services.

“We used to be a donor community. We sent money all over the world,” Mishkin said. “After 25 years of a complicated country, we have an elderly and not economically prosperous community. Most of the people whose houses are severely damaged are not going to be able to afford to fix them.”

Without property insurance, many families will have few options. Many also lost their businesses.

“They cannot stay on a mattress forever,” Mishkin said. “They cannot afford, on their own, the repairs or a new place to live. That’s our main concern—how to help these families have a decent place to live.”

The post For Venezuela’s historic Jewish community, the earthquake is a crisis they can’t afford appeared first on The Forward.

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Texas creates required reading list that includes Anne Frank and the Bible

(JTA) — Texas instituted on Friday the nation’s first-ever statewide K-12 required reading list for public schools. Students in public schools will soon be required to read Anne Frank’s diary and a host of Bible passages, along with other Jewish- and Holocaust-related texts.

The decision has drawn vigorous objections from some of the state’s Jews. Several local rabbis and other Jewish leaders pushed back on the proposal during the public comment period in the lead-up to the vote this week because of concerns including injecting Christian content into the schools.

In a vote Friday of nine to five, the Republican-controlled state education board approved the list, mandating reading selections usually left to individual schools and teachers. The curriculum will go into effect in 2030 and apply to the roughly 5.5 million schoolchildren in Texas public schools.

The move comes as the board has increasingly sought to incorporate Christianity into the state’s public schools, including in 2024 when it approved an optional Bible curriculum for elementary schools that drew pushback from Jewish parents and advocates. Last year, Republican lawmakers in the state also required the display of the Ten Commandments in every public school classroom.

The passage of the reading list follows an effort by the state’s conservative education leaders to reverse a nationwide decline in the number of books read or assigned in class and exercise control over the texts students are exposed to.

In recent years, Texas has been at the forefront of the national wave of book removals, with several districts pulling books about the Holocaust and Jewish history, including versions of Anne Frank’s diary. Decisions by the state education board have historically had an effect on schools nationwide, in part because of the vast population of school age students in the state.

The new reading list, which spans over 150 titles, includes Elie Wiesel’s Holocaust memoir “Night”; Lois Lowry’s young-reader Holocaust novel “Number the Stars”; George Washington’s letter to a Rhode Island synagogue in 1790, and the “original edition” of Frank’s diary. Conservatives, including in Texas, have objected to a graphic novel version that illustrates passages in which the diarist describes her sexual longings.

Other books on the list include “Charlotte’s Web” by E. B. White and “Animal Farm” by George Orwell.

Beginning in the fourth grade, students will also be required to read numerous passages from both the Hebrew Bible and New Testament, a requirement that has drawn fierce opposition from some Texas Jewish leaders.

Board members continued to propose last-minute additions to the list right up until the vote Friday afternoon, adding the Biblical parable Jonah and the Whale to the first grade curriculum.

The final reading list was pared down from roughly 300 texts after the board initially discussed the proposal in February. At the time, state education board leaders told JTA that they had consulted with experts including the Texas Holocaust, Genocide, and Antisemitism Advisory Commission, a state government body.

On Monday, a host of rabbis and Jewish leaders attended a Board of Education meeting to voice their opposition to the reading list, including Joshua Fixler, a rabbi at Houston’s Reform Congregation Emanu El.

“There is a difference between teaching about religion and teaching religion, and these texts are going to put Texas teachers in the position of teaching religion to our kids,” Fixler told JTA following Friday’s vote.

Fixler said he believed the required reading list would cause children of all faiths to feel “alienated and isolated” because they would “see the state endorsement of one particular religious tradition.”

Fixler particularly objected to “Night” being part of the same eighth-grade unit as chapter three of the Book of Lamentations, which discusses the destruction of Solomon’s Temple in Jerusalem as God’s punishment for the sins of the Jews.

“To associate that with a Holocaust text like Elie Wiesel’s classic work of ‘Night’ is to imply that the Jews might in some way be responsible for the Holocaust,” Fixler, who has three children in Texas public schools, explained.

Rabbi Neil F. Blumofe, the senior rabbi of Conservative Congregation Agudas Achim in Austin, said that he was concerned that the list’s focus on Holocaust-based text would reduce students’ understanding of Jewish history.

“If one only teaches the Jewish civilization or religion as catastrophe-based, I think that that gives a narrow focus, and also can cause issues of what Judaism is and what its relevancy is currently versus what it used to be in the past,” Blumofe said.

Blumofe added that he had “yet to see an effective curriculum or teacher’s guide or ways to sensitively recognize that these are works of civilization versus works of a particular theology.”

Laney Hawes, the co-founder of Texas Freedom to Read Project, told JTA that she was “seething” over the result of Friday’s vote.

“The lists are promoting a singular narrow ideology,” Hawes said, adding that while proponents of the required reading stressed that it promoted “Judeo-Christian values,” she believed it excluded Jewish perspectives.

“I want my children to have a worldview that is vast and diverse,” Hawes, who is not Jewish,  said. “If they’re going to be forced to read certain books, I want those books to represent a plethora of perspectives, not just one world view.”

Fixler and Hawes said that they planned to gather with other local advocates to consider ways to fight the new curriculum. For Fixler, he hoped the outcome would emphasize for others the importance of voting in school board elections.

“I think that this should be a wake-up call to people who have been sleeping about the ways in which Christian nationalism is shaping policy on local, state and federal levels,” he said.

This article originally appeared on JTA.org.

The post Texas creates required reading list that includes Anne Frank and the Bible appeared first on The Forward.

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The biggest Jewish issue in New York’s most Jewish primary wasn’t really Israel

Much of the pro-Israel world seems to have seen New York’s Tuesday Democratic primaries as bad for the Jews. When it comes to at least one race, that perspective needs revising.

Yes, Brad Lander, who is highly critical of Israel, defeated the AIPAC-backed incumbent Rep. Dan Goldman in NY-10 — which, according to the Jewish Electorate Institute, boasts the second-highest number of Jewish voters of any district in the country. But seeing that result as “bad for the Jews” misunderstands what the candidates, both of whom are Jewish and self-professed Zionists, were arguing about.

Both are motivated by a profound wish to protect Jews in the United States from rising hatred. Both understand how high the stakes are. What divided them was the question of how to govern well for Jews — a new iteration of a dispute between two robust strains of Jewish thought that extend deep into our shared history.

Both Lander and Goldman ran on their Jewish identities and built explicit plans for confronting antisemitism into their pitches to voters.

Goldman called himself a “proud Zionist,” and told the NY Jewish Week “I do think there is an undercurrent of antisemitism in the degree to which AIPAC seems to be vilified,” even as he said he’d pushed AIPAC to be more willing to criticize the Israeli government.

Lander, upon winning by an almost two-to-one margin, told supporters, “I will be one of the Jewish members of Congress most willing to stand up for Palestinian human rights, and I will stand firmly against bigotry aimed at Jews. Those are not two different jobs. They are the same job.”

Both men accepted, as a starting premise, that antisemitism is rising and real. What they disagreed about was where the danger is concentrated, and which set of political alliances will actually help contain it.

Goldman focused on concerns about the political left’s tendency to treat Zionism as suspect. He prioritized standing with Israel, staying close to its institutional defenders, and refusing to let the loudest progressive critics define what counts as acceptable Jewish politics.

Lander, instead, argued that conflating support for the Israeli government with Jewish safety leaves Jews exposed if and when that government’s policies become impossible to defend. His strategy: decouple Jewish identity from Israeli state policy, ally with the growing progressive coalition in New York politics, and fight antisemitism from inside that coalition’s ranks rather than outside and against it.

Both of these approaches draw from recognizable, longstanding strains of American Jewish thought. Goldman hewed to the camp of covenantal loyalty first and foremost to the Jewish people, and, by extension, to Israel as a sacred trust. And Lander hewed to the camp of universalist ethics and solidarity with the marginalized.

To call one of those stances worse for Jews than the other ignores the historical truth that both are deeply grounded in American Jewish life. But there is something potentially troubling for Jews about this contest: the evident truth, which it displayed, that the rift between these two schools of American Judaism is widening rather than closing.

That split isn’t really about the state of Israel. It’s a much older argument inside Jewish thought, about whether Jewish ethics point outward or inward first.

The universalist strand understands much of the Hebrew Bible, and centuries of subsequent commentary, as promoting the idea that justice is owed to everyone. It lives by the instruction to remember that we were once strangers in Egypt and the commandment that the same law applies to the stranger as to the native-born. It follows the prophets who reserved their harshest words not for the Jewish people’s enemies, but for that people’s own failures to protect the poor and the powerless.

According to this reading, Jews must practice solidarity with anyone suffering. A Jewish politics that didn’t extend itself to advocating for Palestinians, immigrants, or any other group facing state violence would be failing the tradition rather than honoring it.

The particularist strand reads the same texts and the same history and draws an opposite lesson: that universalism without a prior, unapologetic loyalty to one’s own people is exactly the moral posture that left Jews undefended for most of their history. This strand sees that loyalty as a structural condition that allows Jewish communal survival. To its gaze, a Jewish politics that can’t put Jewish safety first, especially after the Hamas attack of Oct. 7, has lost its way.

What makes the tension between these stances difficult to resolve is that both readings are genuinely supported by the textual and historical record, which is long and varied enough to furnish ammunition for either side without anyone needing to misquote it.

Goldman and Lander didn’t invent this fight. They just gave New York’s most Jewish congressional district a chance to vote on it again, in a fresh context, with the war in Gaza standing in for whatever the live test case happened to be a generation ago — and whatever it will be will be in the next crisis in Jewish history.

That divide is part of why framing progressive victories on New York’s primary night as a loss for Jews flattens something more interesting happening inside NY-10 specifically. This election was a fight between two Jewish candidates, on some of the most Jewish terrain in the entire country, with each offering a fully worked-out theory of how to keep Jews safe, and each able to point to real receipts.

That is not a fight over whether Jews matter in New York politics. It is a fight over which of two coalitions — one anchored to Israel and institutional Jewish groups, and one tied to the multiracial progressive coalition reshaping the city — is the safer harbor for American Jews going forward.

It’s fair to be concerned about how bitter that fight seems to be becoming. But it’s also fair to celebrate the fact that Jewish life can still maintain such rich ideological diversity. This was a constructive political race conducted between Jews, waged substantially in Jewish terms, over which political strategy actually protects Jewish life in a moment when antisemitism is on the rise. It’s arguable that to have the choice between candidates like Goldman and Lander, who take their own Jewishness seriously enough to fight about what it should mean in American politics, is actually very good for the Jews.

The post The biggest Jewish issue in New York’s most Jewish primary wasn’t really Israel appeared first on The Forward.

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