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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.
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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.
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Feds say Cisco likely failed to protect pro-Palestinian workers from harassment
(JTA) — Cisco Systems likely violated the civil rights of Palestinian, Arab and Muslim employees, a federal agency has found, after employees were subjected to harassing messages — some of them posted by employees in an internal forum called the Connected Jewish Network.
The U.S. Equal Employment Opportunity Commission determined in June that there was “reasonable cause to believe” Cisco subjected the employees to a hostile work environment based on their national origin, religion or association in violation of Title VII of the Civil Rights Act of 1964.
The determination follows on media reports and an EEOC probe into an ugly climate at the tech company following the Oct. 7, 2023, deadly attacks by Hamas on southern Israel. Pro-Palestinian employees called on the company to end its business dealings with Israel, while Jewish employees said the company had failed to protect them from harassment by pro-Palestinian employees.
The EEOC case, however, turned in part on messages shared in the internal Connected Jewish Network forum. A complaint filed by Legal Aid at Work, which represented the Muslim and pro-Palestinian employees, said employees on the Jewish forum had “repeatedly glorified violence, joked about sending people to their deaths” and “labeled Palestinians, Arabs, and Muslims as murderous, violent, terrorists.”
“This is a massive multinational corporation with all the resources in the world and they couldn’t get it right,” Christopher Ho, a director at Legal Aid at Work, told the Guardian, which reported on the EEOC finding last month. “Thankfully the EEOC did.”
Ho said Cisco had “at best failed to take their harassment seriously” and through its inaction had sent “the implicit message that its pro-Palestinian employees were unworthy of protection.”
The letter is not a binding ruling, and both sides said the EEOC has indicated it will not sue. The finding could nonetheless strengthen employees’ cases if they pursue their own lawsuits. The employees are considering collective and individual litigation, according to media reports.
The case examines the period after a group of mostly Palestinian, Arab and Muslim employees called Bridge to Humanity circulated an open letter urging Cisco to end its business dealings with the Israeli military. More than 1,700 employees signed the letter. The employees said they were subsequently subjected to racist and Islamophobic harassment.
In August 2024, employees — including some concerned Jewish employees — filed a 76-page ethics complaint accusing more than a dozen colleagues of creating a hostile work environment through posts on the Connected Jewish Network, which was visible to all company employees, according to the Guardian.
The episode was not one-sided. Wired magazine, in a 2024 investigation into the dispute, reported that some Jewish Cisco employees also believed the company had failed to protect them from harassment by pro-Palestinian employees. One former employee told the magazine that Cisco leadership could have done more to “reduce the mess across the board.”
Legal Aid at Work believes this is the first EEOC finding against a major tech company involving discrimination against workers engaged in pro-Palestinian advocacy. Since the Oct. 7 attacks, the EEOC has made combating workplace antisemitism a major policy and enforcement priority, with scrutiny on academia and the private sector increasing under the Trump administration.
Cisco has disputed the EEOC’s determination, saying it had “thoroughly investigated all concerns and took appropriate action.” The company previously said it had removed some comments, issued discipline warnings and provided coaching to multiple employees.
The post Feds say Cisco likely failed to protect pro-Palestinian workers from harassment appeared first on The Forward.
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Mahmoud Khalil sues Columbia University citing ‘hostile environment’ for pro-Palestinian students
Mahmoud Khalil, the Palestinian Columbia University alum who was detained by the Trump administration last year, is suing his alma mater along with an Israeli dean of the school he attended for facilitating a “hostile environment” for pro-Palestinian students.
Khalil became a national symbol of the campus pro-Palestinian protest movement when he was detained in March 2025 after the government accused him of being aligned with terrorists. On Monday, he filed a civil rights lawsuit in federal court accusing the school of engaging in months-long “deliberate indifference” toward the harassment of pro-Palestinian students on campus, including at the hands of right-wing pro-Israel groups.
He contends that Columbia’s alleged indifference ultimately helped to lead to his 104-day detention by federal immigration authorities, during which he missed the birth of his first child, before being released after a federal judge ruled his detainment was likely unconstitutional. He is joined in the suit by members of the School of International and Public Affairs Palestine Working Group, a pro-Palestinian student group on campus.
“Columbia laid the groundwork for my targeting by the Trump administration through its deliberate indifference and discrimination aimed at intimidating Palestinian students,” Khalil told reporters at a press conference in New York on Monday.
SIPA’s Dean Keren Yarhi-Milo speaks during a book talk for Fareed Zakaria’s new book, “Age of Revolutions: Progress and Backlash from 1600 to the Present” at Columbia University’s School of International and Public Affairs on April 3, 2024 in New York City. (Shahar Azran/Getty Images)
In addition to the university, the suit also names Keren Yarhi-Milo, the dean of the Columbia School of International and Public Affairs, who is Israeli-American, as a defendant. The complaint says that Yahi-Milo had unfairly accused Khalil, while a student in the school, of antisemitism and harassment.
In a statement to the Jewish Telegraphic Agency, Columbia representatives defended Yarhi-Milo in general terms.
“Throughout her time at Columbia and during her service as dean, Dean Yarhi-Milo has worked with and supported students of all backgrounds, including our Palestinian, Arab, and Muslim students,” the statement reads. “The University is grateful for her tireless efforts on behalf of our students and her commitment to a campus free of discrimination and harassment.”
Columbia representatives declined to comment further on the lawsuit but said that “creating a campus environment where every member of our community feels welcome, supported, and safe is fundamental to who we are as a university. It is also a responsibility we take seriously.”
A leading figure of the encampment movement that began at Columbia before spreading to schools across the country, Khalil was the first pro-Palestinian student protest leader to be detained by the Trump administration and spent months in an immigrant detention center despite holding a green card.
In the months since a federal judge ordered his release, Khalil has filed a number of lawsuits, including against pro-Israel groups that he said “conspired” with the government to target him. He has also sued Columbia before, for disclosing student records as part of a congressional investigation.
Khalil’s latest lawsuit against Columbia claims the school violated Title VI protections for him and his fellow plaintiffs based on their ethnic identity, national origin or “affiliation with Palestine.” The lawsuit invokes the same federal civil rights law that Jewish and Israeli students have used in discrimination claims against universities, some of which have resulted in settlements.
Columbia itself signed a controversial agreement with the Trump administration last year to resolve federal civil rights investigations, paying $221 million and agreeing to a number of concessions in order to free up hundreds of millions in federal funding. During his press conference Monday, Khalil called such settlements “disgraceful.”
The suit notes that, as a student, Khalil called Yarhi-Milo “genocidal” in a message to fellow students. The suit then describes a subsequent internal university investigation into Khalil as “unfounded and retaliatory,” and claims the school “repeatedly launched meritless allegations of antisemitism against Mr. Khalil” prior to his federal detention.
During the press conference, Khalil accused Yahi-Milo of being someone who “weaponizes her identity to shield herself from legitimate concerns and criticism.” Khalil added, “Her priority has never been her students, me and my fellow students here. Her priority has always been Israel.”
The lawsuit’s examples of indifference include a claim that Columbia failed to intervene when a right-wing group, Accuracy in Media, labeled some of the members of Palestine Working Group as “Columbia’s Leading Antisemites” in messages on the side of trucks driven near campus for months after the Oct. 7, 2023, Hamas attacks. The group had targeted pro-Palestinian students in a similar fashion at several campuses.
Joseph Howley, a classics professor at Columbia who is Jewish, spoke at the press conference in support of Khalil, whom he called a friend. “We all see how the university’s anti-Palestinian racism has directly endangered its students,” said Howley, who wore a Jews for Racial and Economic Justice hat and a “Not In Our Name” shirt. “I won’t be wasting any more time on town halls or listening sessions or imagining anything.”
In a statement to JTA, Accuracy in Media president Adam Guillette said his group “uses publicly available information, and we are steadfastly opposed to doxxing. We pledge to continue delivering accountability to pro-Hamas radicals across the country.”
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Ed Sheeran says it wasn’t his call to drop Macklemore over ‘Free Palestine’ remarks
(JTA) —
Pop superstar Ed Sheeran said he wasn’t behind his tour’s recent decision to drop opening act Macklemore following the rapper’s recent pro-Palestinian remarks at a stadium show.
“I am not complicit,” Sheeran wrote in a statement on Instagram Tuesday, saying that Macklemore leaving the tour “was the promoter’s decision, it was not mine.” These were his first public words on the controversy that has gathered steam over the last 24 hours.
Hours after Sheeran’s comments, three of his other supporting acts announced they would be leaving his tour. All three acts — Aaron Rowe, Beoga and Finneas — posted pro-Palestinian solidarity statements to Instagram in their announcements.
Sheeran’s own note added, “I am appalled by the conflict between Israel and Palestine.” The British singer-songwriter wrote that he had been “involved in direct talks” between Robert Kraft and various promoters “to try and find a mutual resolution for all.”
Kraft, the Jewish and pro-Israel billionaire who owns one of the stadiums where Sheeran and Macklemore had been scheduled to play, said on Monday that he had told Sheeran’s team that Macklemore wouldn’t be allowed to perform there.
In his own statement to JTA, Kraft had said that Macklemore’s recent performance at New Jersey’s MetLife stadium, at which the rapper accused Israel of genocide and broadcast images from Gaza, “has been deeply offensive and hurtful to the Jewish community.” Pop star Pink, who is Jewish, also criticized Macklemore following the performance.
Sheeran didn’t mention Jews in his statement, but noted, “I have always used my platform and music to bring people from all backgrounds and cultures together and this won’t ever change.”
US rapper, singer, dancer and DJ, Benjamin Haggerty, known as Macklemore, performs at the Goldencoast Rap Festival in Corcelles-les-Monts, near Dijon, central-eastern France, on August 30, 2026. (Arnaud Finistre / AFP via Getty Images)
He also had some veiled criticism of his tourmate’s methods. “Those who come to my shows do not expect a political forum,” Sheeran wrote. “I respect Macklemore’s strength of purpose to stand up for what he believes. However, there is room for multiple approaches to the same end: peace… If we only focus on shouting the loudest, nothing will ever change.”
The other acts who announced they were leaving Sheeran’s tour didn’t agree. Some had strong words for Kraft and Zionism.
“As Irish people we know all too well about genocide, forced famine and violent occupation,” Rowe wrote in his own statement. “I cannot stand by and allow billionaires to use their position of power to silence the rightful voices of those who speak up against Israeli genocide and who highlight the savage murder of children.”
“It’s important that everyone knows that the real enemy is the zionist lobby,” Beoga, also an Irish act, wrote in the band’s own statement. “Research how much Robert Kraft has done to fight the BDS movement. That will give you a sense of what we’ve all been up against.”
In a shorter statement, Finneas said, “Artists must not be silenced when they speak up for the oppressed.” He added, “I stand with Palestine and its people.”
The Israeli-American Council, which organized a boycott against Macklemore following his New Jersey show, criticized Sheeran from the other direction in a new statement to the Jewish Telegraphic Agency.
“It’s time to take responsibility for giving a stage to antisemitic messaging,” the IAC said, of Sheeran. “This isn’t just ‘criticism of Israel.’ It’s a message that crosses the line between legitimate political criticism and antisemitism. This is Ed Sheeran’s stage, it’s the tour that carries his name — and so the responsibility for what happens on it is his too.”
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