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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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Toronto synagogue hit by gunfire hours after Purim event
(JTA) — A Toronto synagogue was hit by gunfire late on Monday night, just hours after a Purim celebration was held there.
No injuries were reported in the shooting, according to police, which targeted Reform synagogue Temple Emanu-El at around 10:49 p.m. The event, which was billed as a “sing-along shpiel” and costume contest, had run until 9 p.m.
But Rabbi Debra Landsberg told reporters that she couldn’t sleep much Monday night: She was still inside the building when the shooting occurred, and could hear the gunshots.
“I’m a bit shaken up,” she said. “It is devastating that there are those in this society that want to shatter what we have here.”
Police did not confirm how many shell casings were found outside the building, but the synagogue wrote on Instagram that “20 shots were fired at our synagogue.”
“We are working closely with law enforcement and security partners,” the post read. “We remain united and resilient. Our building is damaged; our congregation is not. Chag sameach, everyone.”
The incident is being investigated by Toronto police’s hate crime unit, as well as the gun and gang task force; the suspect is currently unknown.
Police have upped their presence in Toronto’s Jewish neighborhoods since the war in Iran broke out on Saturday, as well as around houses of worship and other Jewish institutions, deputy chief Robert Johnson said in a press conference on Tuesday. Iranian agents have a record of targeting Jewish sites with gunshots and other disturbances, and Jewish security officials have urged vigilance since the war began.
When asked if there was any connection between the Temple Emanu-El attack and the war in Iran, Johnson said making that connection “would be speculation at this point.”
The shooting is the latest in a string of crimes targeting Jewish institutions and residents in Toronto. A Jewish girls’ elementary school was hit by gunfire three times in 2024 alone. This past December, mezuzahs were ripped from residents’ doorposts in multiple buildings, including a seniors’ residence. A month prior, police said a suspect had “damaged the outer glass windows” of Kehilath Shaarei Torah, a synagogue near Temple Emanu-El. (Police visited that synagogue while investigating the Temple Emanu-El shooting, which prompted false reports that both synagogues were attacked on Monday night.)
“This is the fourth time a Jewish institution has been targeted for gunfire in Toronto over the past two years, in addition to countless threats and acts of vandalism,” said Adam Minsky, president of UJA Federation of Greater Toronto, in a statement. “Every day, families across our community carry deep concerns for the safety of their children. But we are resilient and refuse to be intimidated. We will continue to proudly celebrate Jewish life.”
Noah Shack, CEO of the Centre for Israel and Jewish Affairs, said in a statement that incidents like this will “inevitably lead to much worse.”
“As we witnessed in Australia, when incitement goes unchecked and synagogues are threatened, we can expect to see mass violence and tragedies that could have been prevented,” Shack wrote.
So far this year, anti-Jewish hate crimes have made up 63% of all reported hate crimes in Toronto, according to Johnson, continuing a trend of increased antisemitic crimes since Oct. 7, 2023.
“These numbers are not abstract. They represent real people and real harm,” Johnson said. “Our commitment is clear: We are doing everything within our authority to protect Toronto’s Jewish community.”
Toronto Mayor Olivia Chow called the shooting “an unacceptable act of antisemitism and intimidation.”
She also alluded to the timing of the shooting, which came days after war broke out between Israel and the United States and Iran.
“As we have seen repeatedly, incidents increase across our city as international events unfold. I want to be clear: it is never acceptable to target faith communities or cultural groups,” Chow wrote.
Shack said the shooting took place “at a time when Iran’s Islamic regime poses a heightened threat to Jewish and Persian communities worldwide,” and urged authorities to “redouble measures to safeguard our country and all Canadians.”
Just one night before the Temple Emanu-El shooting, another shooting occurred at around 2:30 a.m. in Toronto. Nobody was injured, but police said there was “damage” to businesses in the area, including Old Avenue Restaurant, a restaurant owned by pro-Israel activist Esther Bakinka. The hate crime unit “is aware” of the investigation, according to police, but not leading it. Bakinka wrote on Facebook that the restaurant’s upcoming Purim celebration would be canceled due to “extenuating circumstances.”
Deputy mayor Mike Colle called Bakinka “a courageous fighter for protection of our Jewish Community,” and called for the creation of a joint task force to combat antisemitic violence, “especially now with the Middle East on fire.”
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Trump rejects idea that Israel drew US into war with Iran: ‘If anything, I might have forced Israel’s hand’
(JTA) — President Donald Trump rejected claims that Israel had pulled the United States into the war with Iran on Tuesday, instead suggesting that he had “forced their hands.”
Trump’s comments came after Secretary of State Marco Rubio told reporters on Monday that the United States entered the conflict because officials “knew that there was going to be an Israeli action” and expected to become embroiled as a result. Rubio’s comments ignited questions about whether Trump was taking his cues from the Israelis.
“Based on the way the negotiation was going, I think they were going to attack first and I didn’t want that to happen,” Trump told reporters at the White House on Tuesday during a press conference with German Chancellor Friedrich Merz. “So, if anything, I might have forced Israel’s hand, but Israel was ready and we were ready.”
The president’s claims appeared to contradict reports from the Pentagon to Congress on Sunday that there was no intelligence suggesting Iran planned to attack U.S. forces first.
“If we didn’t do what we’re doing right now, you would have had a nuclear war and they would have taken out many countries because you know what? They’re sick people,” Trump told reporters on Tuesday. “They’re mentally ill sick people. They’re angry, they’re crazy, they’re sick.”
While Trump and Israeli Prime Minister Benjamin Netanyahu have denied suggestions that Israel steered the U.S. into the conflict, which has rapidly escalated tensions across the region, critics across the political spectrum have continued to question the extent to which the United States’ actions were influenced by Israel.
During the president’s meeting with Merz, the German leader told reporters that the two countries had a shared desire to get rid of the “terrible regime in Iran,” with Trump adding that Germany had allowed U.S. forces land in “certain areas,” though the U.S. was not asking Germany to provide troops.
The meeting followed a joint statement on Sunday by France, Germany and the United Kingdom in which the three countries vowed to “take steps to defend our interests and those of our allies in the region.”
While Republican lawmakers largely backed the joint U.S.-Israeli strikes on Iran Saturday morning, rising American casualties and suggestions by Trump that he had not ruled out sending troops into Iran have spurred concern from some about the potential for a drawn-out conflict.
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Berlin groups received $3M to fight antisemitism. What happened to that money?
(JTA) — Germany’s leading party is being investigated in Berlin for funneling millions to groups that proposed fighting antisemitism but lacked transparency about their use of the funds — including one group whose director has been accused of antisemitic language herself.
The Berlin branch of the Christian Democratic Union, the center-right party leading the federal government, is being probed by a parliamentary committee for allegedly improperly allocating 2.6 million euros (about $3 million) to combat antisemitism. The party, the committee alleges, did not vet the groups adequately or monitor their spending.
The government allocated special funds toward fighting antisemitism at the end of 2023, shortly after the Oct. 7 Hamas-led attack on Israel that spurred a spike in antisemitic incidents in many places.
Among the grants triggering concern was 390,000 euros to the Zera Institute, founded in December 2024 by an Iranian-German music producer named Maral Salmassi. She has been accused of posting antisemitism rhetoric online.
In a post on X from February 2025, Salmassi said the Jewish billionaire George Soros “is and always has been a parasite.” Nazi-era propaganda frequently depicted Jews as parasites. Since the comment was resurfaced by Die Tageszeitung, Salmassi has deleted it and expressed regret.
Daniel Eliasson, a local Green Party politician, called the post a “clearly antisemitic statement” to a local newspaper. “As a Jew, I find it nothing short of a mockery that the Berlin CDU is providing this person with €390,000 to fight antisemitism,” he said.
Berlin’s antisemitism commissioner, Sigmount Königsberg, resigned from the expert council of the Zera Institute after the post came to light.
Salmassi has also referred to philosopher Omri Boehm, journalist Peter Beinart and scholars Amos Goldberg and Raz Segal — all staunch critics of Israel — as “token Jews.”
Salmassi is a CDU member who sits on a local board of the party. Several other funding recipients have been discovered to have ties to the party, and some have no verifiable experience in combating antisemitism, according to Stern magazine. They include a real estate company and other recently founded groups.
Staffers from the CDU’s Department for Culture and Social Cohesion, which was responsible for awarding the grants, testified at a parliamentary inquiry hearing on Friday. The investigation, initiated by the Left Party and the Greens, will determine whether funding was disbursed based on unclear criteria and cronyism.
During Friday’s hearing, one witness said “the expertise and the resources were lacking” for their department to handle the large sum of funds allocated in the wake of Oct. 7, according to Berliner Morgenpost. The next hearing is scheduled for Friday.
When Der Tagesspiegel contacted 12 organizations that received funding to implement projects in the 2025 fiscal year, only three gave answers about how they used or planned to use the funds. One of these projects organized an exhibition about Israel’s Nova music festival, a target of the Hamas attacks. Another group organized concerts, workshops and exhibitions to combat antisemitism in the music scene, and a third supported Israeli artists in Berlin.
Uffa Jensen, deputy director of the Center for Research on Antisemitism at the Berlin Institute of Technology, told Der Tagesspiegel that he was skeptical about where the 2.6 million euros would end up.
“Based on the selection of the funded projects, I have doubts as to whether it is effective or whether it will achieve the goals that the funds were intended to pursue,” said Jensen.
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