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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.
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Minnesota man charged with ISIS-inspired plot on Jewish-owned Mall of America
(JTA) — The FBI accused an 18-year-old man of buying an AK-47 assault rifle with plans to commit a mass shooting in support of ISIS at the Mall of America in Bloomington, Minnesota, the largest indoor shopping mall in North America.
Sheikhdoon Abdullahi Mohamud, of Richfield, Minnesota, was charged on Wednesday with one count of knowingly receiving a firearm and ammunition in order to commit a federal crime of terrorism, according to a federal complaint filed on Wednesday.
Mohamud’s attorney did not respond to JTA’s request for comment.
Mohamud wanted to attack the Mall of America because he believed its owners to be Jewish, the FBI said in a statement. He planned to kill between 30 and 60 people, according to messages he exchanged with a confidential source, according to the complaint.
Mall of America is owned and operated by Triple Five Group, controlled by the Ghermezian family, a Canadian family of Iranian Jewish origin.
Messages sent in September 2026 included a video in which Mohamud pledged allegiance to ISIS, the complaint said. He planned his attack for Oct. 24 because he expected a crowd at the Hmong Arts Celebration scheduled for that day.
The complaint said an undercover FBI agent sold an AK-47 rendered inoperable, four 30-round magazines and 200 rounds of ammunition to Mohamud for $600 on Oct. 6. During the sale, Mohamud confirmed his plans to commit a mass shooting. Mohamud was arrested shortly after the sale.
The complaint said Mohamud wanted to commit an attack similar to the 2016 Pulse nightclub shooting in which 49 victims were killed; the Bondi Beach mass-shooting in Sydney last December, during which 15 victims were killed during a Hanukkah celebration; and a New Orleans truck-ramming attack that killed 14 victims in New Orleans on Jan. 1, 2025.
The investigation into Mohamud began around December 2024, when he messaged the confidential source on multiple social media platforms, according to the complaint, detailing his desire to travel to Somalia to join a group that the U.S. has designated a foreign terrorist organization. If travel was not possible due to financial constraints, he said would move forward with an attack in Minnesota.
This article originally appeared on JTA.org.
The post Minnesota man charged with ISIS-inspired plot on Jewish-owned Mall of America appeared first on The Forward.
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Is Israel or Iran a bigger threat to the U.S.? Michigan’s Abdul El-Sayed won’t say
(JTA) — Michigan Democrat Abdul El-Sayed was asked multiple times by a debate moderator on Thursday which country he considers a bigger threat to the U.S.: Iran or Israel.
Each time, he parried.
“That’s a ridiculous hypothetical because here’s what’s happening right now: Our ostensible ally in Israel has lobbied us to go to war with Iran,” said El-Sayed, Michigan’s Democratic nominee for U.S. Senate.
“I don’t consider an ally a country that takes us to wars we don’t need to fight, and I don’t want to be fighting wars we don’t need to fight,” he added, describing both as “kind of dangerous.” Another attempt yielded a similar response, with El-Sayed denouncing “one at risk of attacking us, one getting us into wars we have no business fighting.”
El-Sayed, a former county health official, was responding to a question repeatedly posed by WOOD TV8 political reporter Rick Albin, in a debate against his Republican opponent, former U.S. Rep. Mike Rogers. The two candidates hurled insults at each other during the hourlong discussion, often returning to issues related to Israel and the Middle East.
After making criticism of Israel a top issue in his primary campaign, El-Sayed eked out a victory against U.S. Rep. Haley Stevens in that early August race. Although he has earned the support of many democratic socialists, including Vermont independent Sen. Bernie Sanders, El-Sayed has stated that he is not a member of the Democratic Socialists of America.
Rogers, on the other hand, has the official endorsement of President Donald Trump. However, the candidate has been distancing himself from the president, including by criticizing the trade war with Canada.
Results of a CBS News poll published earlier this week showed El-Sayed leading Rogers, by 45.6% to 41.4%, with a 3.8% margin of error. A Quantus Insights poll released on Wednesday, meanwhile, gave El-Sayed a slightly narrower lead, with 47.6% to Rogers’s 46.5%, and a 7.8% margin of error.
While El-Sayed has been meeting with Jewish voters and leaders, he has not budged on certain issues of concern to many Jewish voters. For example, he has indicated only a willingness to recognize Israel’s identity as a Jewish nation-state if Israelis and Palestinians jointly agree to it..
Liberal Michigan rabbis last month signed a petition from the Zioness Action Fund, a progressive Zionist group, calling upon the Democratic Party to agree to “nonnegotiable” principles related to Jewish safety and Israel. A separate cohort of Michigan Jewish leaders urged community members to reject El-Sayed entirely.
Rogers and his representatives in August indicated that they would like AIPAC to refrain from spending directly on him in the general election, according to media reports. Asked about this at the Thursday debate, he said he’d welcome “anybody that wants to help my campaign stop a guy who can’t condemn terrorism in our own country.”
El-Sayed condemned the March attack on Temple Israel in West Bloomfield Township, but added that “hurt people hurt people,” which critics interpreted as justifying the attacker’s actions. He later apologized for those remarks.
Rogers has repeatedly slammed his opponent for taking funds from donors affiliated with the Council on American-Islamic Relations, the Unity & Justice Fund super PAC and other groups and individuals.
El-Sayed, on the other hand, accused Rogers on Thursday of accepting corporate PAC money and labeled him the “guy who’s going to rubber stamp everything Donald Trump tells him to rubber stamp.”
The two candidates criticized each other’s policies and interrupted each other so often that Albin, the moderator, needed to step in.
“We’ve got dozens of questions we want to get to,” Albin said. “You can’t litigate all of these with 14 different rebuttals.”
Even prior to a pause for ads, Albin announced that the station is going “to take a break from this pleasant conversation.” When they returned, he declared that “in 30 years of doing debates, I’ve never seen it continue during the commercial, but it did.”
The candidates continued to clash over Iran, with El-Sayed accusing the U.S. government of teaching “the Iranian regime that they had a choke [hold] on the Strait of Hormuz.”
“That’s the kind of policy you’re going to get from a guy who wants to be a sock puppet for the Trump administration,” El-Sayed added.
Rogers, meanwhile, claimed that the U.S. had set back Iran’s nuclear program by at least 20 years, adding that “this would be the time to wrap it up.”
As for Israel, Rogers said he supports “the right to exist for the Jewish state, and the right to defend itself in a very difficult neighborhood.” The only way Israel could lose his support, Rogers stated, would be if the country talked about using nuclear weapons.
Israel is widely assessed to possess an arsenal of approximately 90 nuclear warheads, according to the Stockholm International Peace Research Institute. The country is not a party to the Nuclear Non-Proliferation Treaty. Israel has never acknowledged possessing nuclear weapons.
Albin then turned to El-Sayed, noting the politician’s opposition to direct U.S. military funding for Israel. He asked, however, whether that position could change “if Israel were attacked tomorrow by Iran or another state actor.”
“I want our tax dollars spent here,” El-Sayed responded. “Israel has pushed us to go to war in Iran, and of course, my colleague, who thinks there’s a war for everything, went right along with it.”
When Albin pushed again for a yes or no answer, El-Sayed replied that he doesn’t want the U.S. “buying weapons for other countries.”
Toward the end of the discussion related to the Middle East, Rogers recognized the third anniversary of the Oct. 7, 2023, Hamas attack on Israel. He blasted his opponent for failing “to even acknowledge the pain, the terrorism, the rape, the murders.”
To this accusation, El-Sayed responded, “I’ve condemned that. I didn’t turn it into theater like you did.”
This article originally appeared on JTA.org.
The post Is Israel or Iran a bigger threat to the U.S.? Michigan’s Abdul El-Sayed won’t say appeared first on The Forward.
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Ossoff says IDF violated law of armed conflict in Gaza, but genocide is an issue for international courts
(JTA) — Democratic Sen. Jon Ossoff and Republican challenger Rep. Mike Collins clashed over Israel’s conduct in Gaza, U.S. weapons sales to Israel and the war in Iran during Thursday’s debate in Georgia’s closely watched Senate race.
The race could help determine control of the Senate, with implications for U.S. policy toward Israel.
The incumbent Ossoff, who is Jewish, has long supported Israel’s security, but over the last two years he has criticized its conduct in the Gaza war and voted to block some U.S. arms sales to the country.
A day after the third anniversary of the Oct. 7 Hamas-led attack, Ossoff was asked whether Israel had committed genocide in Gaza, whether he was concerned about growing anti-Israel sentiment within the Democratic Party and whether he would support a proposed $2.8 billion U.S. weapons package for Israel.
“The question of genocide is a question of whether a government has the specific intent to destroy a national or ethnic group, and that is a question for the International Criminal Court,” Ossoff responded. “There is no doubt in my mind that Israeli forces prosecuting the war in Gaza violated the law of armed conflict and international humanitarian law, and I care deeply about the security of the Israeli people, among whom are members of my family.
“I also care about innocent Palestinian life,” Ossoff continued, “and make no apology for my votes.”
Collins accused Ossoff of having aligned himself with anti-Israel figures including Twitch streamer Hasan Piker and Michigan U.S. Senate candidate Abdul El-Sayed.
“Imagine being a U.S. senator, and out there recruiting, endorsing, and supporting these people that want to see Israel wiped off the map,” Collins said. “They would rather be for Iran than for Israel — now that’s who Jon Ossoff is supporting.”
Piker had previously called Ossoff a possible contender for the 2028 Democratic presidential nomination. He subsequently disavowed Ossoff after the senator condemned antisemitic comments, Jewish Insider reported in August.
During the hourlong debate, Ossoff repeatedly condemned the U.S. war in Iran while highlighting Collins’ support for it. At least three times Ossoff called the war in Iran a “disaster” or “disastrous,” and he blamed the war for rising gas prices in the state of Georgia.
Collins, on the other hand, said he supported the war as necessary to prevent Iran from obtaining nuclear weapons. “The president had every right to go in there and make sure that Iran does not get a nuclear weapon,” Collins said. “The IAEA [International Atomic Energy Agency], they had already sounded the bells, the alarms that Iran was close to getting a nuclear weapon. And the thing is, Iran doesn’t only want to decimate and kill Israel, they want us as well.”
The evening was not without its personal attacks. Collins described Ossoff as “a radical” and a “trust-fund kid who has never had a job in his life,” while Ossoff repeatedly spotlighted the alleged ties between Collins and white nationalists. A recent report alleged that Collins’ former aides were involved with antisemitic and white nationalist rhetoric.
Ossoff leads Collins by about nine percentage points in FiftyPlusOne’s polling average as of Oct. 9.
The candidates are scheduled for a second debate hosted by the Atlanta Press Club on Oct. 13.
This article originally appeared on JTA.org.
The post Ossoff says IDF violated law of armed conflict in Gaza, but genocide is an issue for international courts appeared first on The Forward.
