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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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Bret Stephens, a stalwart Israel defender, calls out ‘Jewish terrorists’ in West Bank
(JTA) — Bret Stephens, the Pulitzer Prize-winning New York Times columnist known as one of the paper’s most consistent defenders of Israel, used his Tuesday column to take direct aim at the country’s handling of settler violence in the West Bank — warning that unchecked attacks now pose a threat to Israel’s security and to Zionism itself.
Stephens, who has spent years pushing back on what he sees as double standards applied to Israel, wrote that he decided to speak out against what he called “Jewish terrorists” despite his reluctance to feed the volume of global condemnation facing Israel.
“That’s not only because the terrorism is a menace to Palestinian lives and property, or an affront to Jewish ethics, or a stain on Israel’s reputation — though it’s all those things,” he wrote. “It’s also a direct threat to Israel’s security and statehood, and thus to Zionism itself.”
Stephens’s column drew heavily on a public letter sent Sunday to President Trump by Matan Vilnai, a retired IDF deputy chief of staff, on behalf of Commanders for Israel’s Security, an organization representing hundreds of retired senior Israeli officers. The letter cautioned that Israeli security services have been effective against Palestinian terror groups but hamstrung when it comes to curbing Jewish extremists. The letter warned about the consequences of Israeli inaction in curbing attacks on Palestinians.
“Unless arrested swiftly and decisively, escalating violence in the West Bank is poised to ignite the region and carries severe ramifications for both Israeli security and U.S. regional interests,” wrote Vilnai.
Stephens pointed to last week’s rampage by extremist settlers through several Palestinian villages — attacks that reportedly included arson at a home and two mosques and an assault on a stonecutting factory — as evidence the problem has become routine rather than exceptional. He cited Israeli military figures showing nationalistic and settler-related crimes climbed to 867 incidents in 2025, up from 682 the year before.
Stephens also cited Eran Shamir-Borer of the Israel Democracy Institute, a former IDF legal official, who told him the government has specifically declined to place suspected Jewish settlers under administrative detention. The practice, imprisoning individuals without formal charges, is regularly deployed against suspected Palestinian terrorists.
The columnist dismissed Israeli Prime Minister Benjamin Netanyahu’s public framing of the violence as the work of roughly 150 “juvenile delinquents,” as he did in an interview with NBC earlier this month. Stephens argued that a government capable of eliminating a Hamas commander deep inside Iran cannot plausibly claim it’s unable to rein in a few hundred vigilantes.
Stephens is known, and widely admired within the pro-Israel community, for his robust defense of Israel, from refuting the charge of “genocide” directed at Israel to condemning what he has called the “hyperbolic and often conspiratorial hatred of the country.” Editor of the conservative Jewish thought journal Sapir, Stephens was also chosen to give the annual “State of World Jewry” address at the 92nd Street Y earlier this year.
“I think it is really important that people like Bret Stephens are speaking up about settler violence, and I think that it also shows how terrible that it’s become,” said Rabbi Jill Jacobs, CEO of T’ruah: The Rabbinic Call for Human Rights, in an interview with JTA. “Even people who are pretty, let’s say, hesitant or who almost never criticize Israeli policy are speaking up.”
But she also suggested that the issue goes beyond a failure to enforce the law or hold settlers accountable, and instead reflects the priorities of Netanyahu’s right-wing government.
“This is actually government policy because this is violence that is designed to take more and more of the West Bank,” said Jacobs. “There’s already been not just violence, but expulsions, shoving Palestinians to smaller and smaller areas and, ultimately, annexing the West Bank or at least as much of it as possible.”
Liberal Jewish groups like T’ruah, including Torat Zedek and Bnei Avraham in Israel and the U.S-based groups Smol Emuni, J Street and New Israel Fund, regularly condemn the settler violence and call on Israeli security forces to hold the perpetrators accountable. They also take part in “protective presence” visits to the West Bank in solidarity with Palestinians threatened by Jewish settlers.
The largest Jewish organizations have been less vocal on the topic, although the American Jewish Committee and the Union for Reform Judaism have issued statements condemning settler violence.
Right-leaning groups have either downplayed the extent of the violence or say Jews living in the West Bank have been provoked by neighboring Palestinians. On the same day that Stephens’s column appeared, the media watchdog group HonestReporting ran an article saying that the major news outlets disproportionately focus on settler violence, and run many fewer articles about Palestinian attacks on Jewish civilians. It also cited official Israeli data suggesting that violence by Jewish civilians in the West Bank had declined significantly since March.
Nevertheless, Stephens appeared to be echoing a growing sentiment even on the right that the settler violence is both wrong and a black eye for Israel at a time when its reputation is suffering around the world.
“I don’t think there are many supporters of Israel in the U.S. who are happy with how Israel has handled, or really mishandled, settler violence,” said David E. Bernstein, a professor at George Mason’s Antonin Scalia Law School and a frequent commentator on Jewish affairs, in an email exchange with JTA. “To me, it’s anti-Zionist to allow settlers to flout the law and public policy, whether by violence or by setting up illegal outposts, because Zionism means accepting the legitimacy of the Israeli state, and radical settlers who don’t are no different than extremist Haredim [Orthodox] in not doing so.”
Last week, Israel’s Channel 13 reported that the government had approved a plan in March to tackle violence by extremist settlers but kept the plan secret due “to political considerations.” The report didn’t say whether the plan has been implemented.
The post Bret Stephens, a stalwart Israel defender, calls out ‘Jewish terrorists’ in West Bank appeared first on The Forward.
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Netanyahu drags Mamdani into his reelection campaign as face of antisemitism
For nearly two years, Zohran Mamdani has made Israeli Prime Minister Benjamin Netanyahu a central political target. Now Netanyahu is making Mamdani part of his own reelection campaign.
The 50-second video released Wednesday on Netanyahu’s political social media channels builds on comments the Israeli leader made on Fox News this week, portraying Mamdani as the face of a worldwide surge of antisemitism directed at Israel. It intersperses footage of pro-Palestinian demonstrations and antisemitic incidents with recent clips of Mamdani condemning Israel’s conduct in the Gaza war after the mayor backed off a vow to have the Israeli prime minister arrested during an upcoming visit to New York. It also features Mamdani’s wife, artist Rama Duwaji, who liked social media posts that supported Palestinians immediately after the Oct. 7, 2023 attacks. (Mamdani said his wife is a private citizen and does not work in his administration.)
The clip ends: “No one will stop me from fighting for the truth of Israel.”
The video comes as Netanyahu faces one of the toughest reelection campaigns of his political career, trailing his rivals ahead of Israel’s Oct. 27 election, which could determine not only his political future, but also his legacy and potentially his freedom as he faces a corruption trial.
The fight with Mamdani has become politically useful for Netanyahu. His main rivals — former Israel Defense Forces chief Gadi Eisenkot and former Prime Minister Naftali Bennett — are seen as more moderate leaders who could rebuild strained ties with Democrats and win back support for Israel among Americans.
Joel Rubin, a Democratic commentator and foreign policy expert, said in an interview that turning Mamdani into a symbol of today’s Democratic Party gives Netanyahu a way to challenge one of his rivals’ central arguments that they are better positioned to course-correct the U.S. political shift against Israel. “For Netanyahu, it’s very important to try to portray the Democrats as Mamdani and make the argument that only he can stand up to that,” Rubin said.
Mamdani has positioned himself as a prominent progressive critic of Israel amid the war in Gaza, a position that helped propel his rise and which has become increasingly part of national Democratic Party politics.
Mamdani’s high-profile confrontation with Netanyahu escalated when he announced a review of whether he had the legal power to arrest the Israeli prime minister when he visits the city for the United Nations General Assembly in September. Experts on Israeli politics warned of an unintended consequence: would allowing Netanyahu to cast himself once again as Israel’s defender against international efforts to isolate the Jewish state.
“Many Israelis are sick of him and hope to vote him out,” Former U.S. Ambassador to Israel Dan Shapiro wrote on X on Saturday. “The only possible outcome of a fruitless attempt to arrest him in NYC would be to give him a political boost at home. That would be an own goal.”
Some political strategists argue that Mamdani and his allies have little reason to mind if Netanyahu remains in power. “I bet they’re rooting for Bibi, in a perverse way,” said Matt Bennett, co-founder and executive vice president of the centrist Democratic think tank Third Way, in an interview with the Forward discussing how Israel is reshaping Democratic politics.
While still serving as a New York state Assembly member, Mamdani zeroed in on the Israeli prime minister as an enemy, leading chants of “Netanyahu, you can’t hide, we charge you with genocide,” during a protest in Oct. 2023.
Throughout his mayoral campaign last year, Mamdani repeatedly injected Netanyahu into New York politics., Mamdani first pledged to arrest Netanyahu shortly after he launched his campaign. According to a report, members of Mamdani’s inner circle were pushing for him to make this arrest declaration. After his election, already knowing the city lacked the authority to arrest Netanyahu, Mamdani proceeded with the review. When it concluded he did not have the power to arrest Netanyahu, Mamdani used a mayoral address to declare him a war criminal and then encouraged New Yorkers to protest him on his UN visit. Critics say the episode was a calculated political move aimed at energizing the pro-Palestinian and progressive base that helped elect him.
“There is a core principle amongst the left in American politics that having someone to organize against is crucial to growing numbers and persuasion, and for Mamdani, having the foil of Netanyahu is an incredibly valuable tool for motivating support,” said Rubin, who led Jewish outreach for Bernie Sanders’ 2020 presidential campaign.
Whether that principle translates into votes for Netanyahu’s coalition in Israel’s Oct. 27 election remains to be seen. At the moment, Mamdani and Netanyahu have become unlikely political assets for each other, each giving the other a powerful opponent to campaign against.
The post Netanyahu drags Mamdani into his reelection campaign as face of antisemitism appeared first on The Forward.
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As Conservative rabbis, we’re rethinking our communities’ policies toward interfaith families
(JTA) — As Conservative/Masorti rabbis, we see firsthand the joy of couples building a life together in the Jewish community, and the pain of those who feel shut out because one of them is not Jewish.
We think of the community member, though not Jewish, who developed a profound love for davening (prayer) and Torah study, and has supported his children’s and grandchildren’s Jewish education and observance of mitzvot. We think of another community member who faithfully drove her four children to Hebrew school for years and, after her youngest child’s bat mitzvah, chose to convert to Judaism herself.
It is time for our halacha, or Jewish law, to address issues facing intermarried couples and families robustly.
The two of us had the honor of joining colleagues in co-authoring a teshuvah — a rabbinic response to questions of Jewish law — that does just that. The Rabbinical Assembly’s Committee on Jewish Law and Standards has approved a teshuvah that seeks to honor these couples and families and their commitment to Jewish life in our congregations and communities.
Since we are part of a movement that balances a commitment to halacha with the realities of modern life, our work is grounded in traditional Jewish texts, laws and principles while also reflecting the core belief that welcoming others and extending hospitality are essential Jewish values.
Based on halacha and Jewish tradition, the teshuvah affirms the longstanding standard of Conservative/Masorti rabbis that clergy may officiate only at weddings where both partners are Jewish. It emphasizes that while a wedding is a significant moment that often singularly drives these conversations, there are many other important life-cycle moments that rabbis can offer as occasions for Jewish celebration and reaffirmations of commitment to mitzvot.
Through this teshuvah, we formalize a public mishebeirakh (blessing) before or after the wedding day for a couple committed to building an exclusively Jewish home, as well as a hanukkat habayit ceremony to dedicate their home.
We welcome non-Jewish parents on the bimah during their children’s b’nei mitzvah and offer “mazal tov” and other basic gestures of inclusion to intermarried couples, both of which were once considered unacceptable. Our goal in doing so is to inspire the couple and family to grow in Jewish living.
We affirm that synagogues may not hire intermarried individuals as clergy but may hire intermarried individuals for other roles, and that rabbis may officiate at funerals for non-Jewish family members and support a Jewish mourning process when a non-Jewish loved one dies.
It’s been about 40 years since the Committee on Jewish Law and Standards, which sets halachic policy for our movement internationally, broadly addressed questions around intermarried couples and families. We have learned over time that those intermarried couples who choose to embrace Jewish life are integral to the fabric of Conservative/Masorti communities.
We invite these couples to engage meaningfully in Jewish practice at home and in community, and, if they are having children, to raise them as Jews. Sometimes they may even choose to convert to Judaism at some point.
We do so because, as rabbis, we enjoy the privilege of being invited into people’s lives, and our role is both pastoral and educational. As people figure out their own identities and relationships, our role is to help them integrate Jewish tradition. As couples turn toward each other and seek to integrate Judaism into their lives, we are here to help them chart a course and to bring Torah into the conversation and observance of mitzvot into their lives.
We aim to inspire the couple to grow in Jewish living, observing mitzvot, studying Torah and searching for God in daily life. To do so, we must create gateways so everyone can find a place to learn and find joy and inspiration in our traditions, within the boundaries of halachic standards and principles.
Many of the practices in the teshuvah are already in place in some communities. Some offer solutions that speak most directly to realities in North America, and we call on local rabbis to interpret them in light of the circumstances in their local communities.
In the days of the Mishnah and the Talmud, when faced with new and challenging circumstances, our rabbis found creative and often beautiful solutions to embody the Torah as they understood it. As we follow in their footsteps, we use the wisdom we have inherited to both uphold and transform those values and honor the halachic principles that are central to our rabbinates and communities.
The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of JTA or its parent company, 70 Faces Media.
The post As Conservative rabbis, we’re rethinking our communities’ policies toward interfaith families appeared first on The Forward.
