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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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In the depths of Tel Aviv’s bus station, a fragile refuge for those with nowhere else to go during war
(JTA) — TEL AVIV — Two floors underground, past dumpsters and oil-laden puddles, through a reinforced Cold War-era door, a bomb shelter is buried underneath Tel Aviv’s Central Bus Station.
Built in 1993 to accommodate more than 16,000 Israelis, the shelter found a new life during the Israel-Iran war as a public refuge for residents of Neve Shaanan, among Tel Aviv’s most diverse neighborhoods and one of its poorest, home mainly to asylum seekers and foreign workers.
With few other options for public shelters in south Tel Aviv, residents pitched tents in the squalor of a space that had fallen into disrepair — with pipes dripping and rats scurrying — for more than 38 days as Israel and Iran exchanged missile fire until a ceasefire that began on April 8 halted the fighting.
“It’s very difficult. Not just because of the war, but because of the conditions we’re living in,” Gloria Arca, who took refuge inside the shelter with her son, Noam, said in Spanish during an interview in April. “We’re protected from the missiles, but inside we’re not safe.”
For many Israelis, the bus station occupies a space that balances between nostalgia and revulsion. Until 2018, the station was a main node for travel into and out of Tel Aviv. Since then, ridership has dropped, and now the hulking structure is seen as little more than an eyesore. During Israel’s 12-day war with Iran last year, a short video by Israeli comedians went viral for sharing the station’s GPS coordinates in a video that jokingly urged Iran, “Please don’t bomb this bus station.”
Yet the station also offers a concrete window into Israel’s widening reliance on foreign workers, which has surged in the wake of the Oct. 7, 2023, Hamas attacks.
When there is no war on, the shelter functions as a community center, complete with a Filipino church, a refugee health clinic, and retailers catering to customers in more than a dozen languages.
During wartime, the station takes on a new and vitally important role as a shelter for those who have none in their homes or neighborhoods, no family in the country whose homes they can flee to and little ability to pay for temporary accommodations somewhere safer.
Arca, who came to Israel more than two decades ago from Colombia and is in the country legally, knew that it would take her and Noam more than 10 minutes to get to a shelter from their home — longer than Israel’s advanced missile warning system allows. So they decided to move into the bus station, pitching a tent alongside some of their neighbors.
Depending on the day, more than 200 residents spent their nights in the shelter during the war, according to Sigal Rozen, public policy coordinator at the Hotline for Refugees and Migrants.
“It’s not easy, especially with young children and families with special needs,” she said. “You can’t get up in the middle of the night and just run.”
The Hotline, with funding from the Tel Aviv Municipality, worked to improve conditions in the shelter, but the starting point was dire. During a visit in April, rats could be seen scurrying across newly installed artificial turf meant to brighten the space, and mosquitoes landed on visitors’ ankles before being chased off.
More than anything, Arca worries about safety in the shelter — but not from the war. “We’re protected from the missiles, but inside, we’re not safe,” she said. “Security is there, but they don’t do their job. Drug users come in and use the bathrooms. There are many children here, and we’re afraid.”
The challenging conditions were nothing new to many of the people who moved in, who represent an often unseen but growing sector of workers in Israel.
The category of “foreign worker,” a term used in Israel to describe non-citizen laborers, most of them from countries such as the Philippines, India, and Thailand, who enter the country on temporary work visas tied to a specific employer, has long been a fraught designation.
Dominant in some industries, such as home health care, where there are so many foreign workers that the role is known as “filipina” in Hebrew, foreign workers have taken on greater shares of other sectors in recent years, particularly after Israel banned Palestinian workers from Gaza and the West Bank after the Hamas-led Oct. 7 attack. With Israelis increasingly reluctant to take low-paying manual labor jobs, the Israeli government has moved to fill the gap by permitting employers to hire more foreign workers.
Israel’s foreign worker population rose by 41% in 2024 alone to more than 156,000. By 2025, the total had reached 227,044. It is expected to grow even more in the coming years, as the government has set a ceiling of 300,000 workers.
For many Israelis, footage that circulated after the ceasefire showing long lines of foreign workers arriving at newly reopened government offices to renew their visas offered a stark illustration of the growing sector.
It is not uncommon around the world for people from impoverished countries to migrate to countries with more work and higher pay. For the workers, occupying a tenuous legal status can be worth it to be able to support their families, send their children to stronger schools and earn wages on a different scale than in their home countries.
Evelyn, a Filipina caregiver sheltering with her three children beneath the Central Bus Station, declined to give her last name out of fear of deportation. “In Israel, I can earn 10 times what I do in the Philippines. So I have money to send back to my family — not just taking care of my kids here, but my parents in Manila.”
But advocates for the workers say foreign worker status, and Israel’s increasing reliance on foreign workers, creates conditions that are ripe for abuse. Ohad Amar, executive director of Kav LaOved, a nonprofit that works to uphold equal labor rights for all workers in Israel, said the workers are “enduring conditions akin to modern slavery.”
Many foreign worker visas in Israel are tied to a specific employer and are non-transferable. Kav LaOved has documented numerous cases of delayed or unpaid wages, as well as workers who feel pressured to remain silent about abuse from their employers lest they lose their immigration status.
“Israel had not relied on migrant workers in the same way before. This is the first time at this scale,” Amar said. “Every day we are getting reports of workers’ rights violations, and we are completely overwhelmed.”
During wartime, foreign workers are frequently exposed to Israel’s unique dangers in extreme ways. On Oct. 7, as sirens blared, foreign workers were slaughtered in the fields of kibbutzes near Gaza. During the most recent war, videos circulated online of construction workers from China who filmed themselves stranded high in the air during missile barrages, afraid and without protection.
The first death in the latest round of fighting with Iran was Mary Anne Velasquez de Vera, a foreign worker in Israel from the Philippines. At the end of March, two other foreign workers were killed by a Hezbollah rocket while working in a field in northern Israel after they were unable to reach shelter.
Feeling physically vulnerable is an experience many foreign workers in Israel know well. Evelyn, a migrant from the Philippines who slept in the bus station with her children during the war, described how, in an industry as intimate as caregiving, working with elderly people who struggle to make it to a shelter, workers can feel pressured to stay in the building during an attack.
“They can’t exactly tell their employer they left grandma in the building during a missile attack, because they’ll get fired and lose their visa,” Amar said.
Some of the risks are much less visible. Evelyn was out of work as a housekeeper for the duration of the war, when her employer, an elderly woman, left the country. She lived on donations from community members and civil society organizations.
“Here is still better than back home,” she said. “But we are all struggling, and not just because of the shelter. If I can’t start working soon, I really don’t know what I will do.”
Workers like Evelyn who lack work visas must rely on informal employment, making them ineligible for compensation from Bituach Leumi, Israel’s national workers’ insurance, when they go unpaid. But having a visa did not solve the challenges of war, Rozen said.
The threat of losing their visa if they lose their employment hangs over the heads of the workers, forcing them into difficult decisions, like whether to leave their children with volunteers at the shelter or alone at home.
“Even those who still have work face a problem. If a single mother has children and there’s no school, where does she leave them? She can’t bring them along when there’s an alarm,” Rozen said. “So even when work exists, many can’t do it.”
She said the war had offered a glimpse into the as-yet-unaddressed challenges that come along with Israel’s increasing reliance on importing labor from abroad. The country’s labor market didn’t come to a standstill, as was the case in other countries in the region such as the United Arab Emirates where the vast majority of workers are migrants who tried to leave, but for Rozen, something new and troubling was laid bare.
“If you don’t want foreigners here, then don’t recruit them,” Rozen said. “But you can’t recruit them, triple their numbers, and then expect them to disappear when there’s a war.”
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Nearly half of young Americans view US relationship with Israel as a burden, survey finds
(JTA) — Nearly half of young Americans, 46%, believe that the United States’ relationship with Israel is mostly a burden to the United States, according to a new survey from the Institute of Politics at the Harvard Kennedy School.
The Harvard Youth Poll, which polled 2,018 Americans aged 18 to 29, found that just 16% of those surveyed described the U.S. relationship with Israel as mostly a benefit.
Respondents were asked about their view of other U.S. alliances, including Canada, which 53% saw as beneficial, and Ukraine, which 21% saw as beneficial. Israel received the lowest perceived benefit of any country tested.
The survey also found that 55% of young Americans believe the U.S. military action in Iran is not in the best interest of the American people.
It comes as attitudes about Israel among young Americans in recent years have grown sharply negative. Earlier this month, a Pew Research Center survey found that 70% of Americans aged 18 to 49 held a somewhat or very negative opinion of Israel. That view was split among partisan lines, with 84% of Democrats in that demographic holding a negative view of Israel, compared to 57% of Republicans.
The Harvard survey was conducted by Ipsos Public Affairs between March 26 and April 3 and had a margin of error of 2.74 percentage points.
The post Nearly half of young Americans view US relationship with Israel as a burden, survey finds appeared first on The Forward.
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Long Island father and teen son arrested after investigation into swastika drawn in school bathroom
(JTA) — A father and his teenage son were arrested Wednesday after an investigation into swastika graffiti at the teen’s school led police to search their home, where authorities said they found chemicals used to make explosives.
The arrests stemmed from an investigation into swastika graffiti found in a boys’ bathroom at Syosset High School on Long Island. After police determined that a 15-year-old student had drawn the swastika, the Nassau County Police Department sent officers to his home.
There, the teen told the officers about the explosive materials, according to prosecutors. He said his father had purchased the chemicals for him to build rockets.
During the subsequent search of the home, police found “highly unstable” materials that had been combined to make explosives, including nitroglycerin, multiple acids, oxidizers and fuels. They began to evacuate people in adjacent homes, fearing an explosion.
The teen was not identified by police due to his age. Francisco Sanles, 48, who was arrested at the scene, has pleaded not guilty to seven criminal counts, including criminal possession of a weapon and endangering the welfare of a child. His son was charged with five counts, including criminal possession of a weapon, criminal mischief, aggravated harassment and making graffiti.
Swastika graffiti is relatively commonplace in schools, with the Anti-Defamation League reporting over 400 incidents in 2024: Syosset High School itself was hit by a spate of antisemitic graffiti, including swastikas, in 2017. But it is relatively rare that incidents result in arrests.
In an email to the school district Wednesday night, the Syosset School District — which enrolls a large number of Jewish students — said its investigation had identified the student for the police, and he would face “serious consequences pursuant to the District’s Code of Conduct.”
“Antisemitism and hate speech have no place in our communities or in our schools,” the district said. “Syosset has long been proud of being a welcoming, empathetic, and inclusive community and those values remain firm. We protect those values and this community by confronting and holding accountable those who traffic in any form of hate.”
In January, New York City Police arrested and charged two 15-year-old boys suspected of spraying dozens of swastikas on a playground in a heavily Jewish Brooklyn neighborhood with aggravated harassment and criminal mischief as a hate crime.
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