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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.


The post She represents the ‘worst of the worst.’ Now Judy Clarke is leading the defense in Pittsburgh synagogue massacre trial. appeared first on Jewish Telegraphic Agency.

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Years after a boycott fight, Ben & Jerry’s Israel debuts a flavor celebrating Israeli resilience

(JTA) — Ben & Jerry’s Israel operation has come up with a flavor that does not leave much to interpretation. Called “Milk and Honey,” a nod to the biblical description of the Land of Israel, its namesake ingredients are supplied by Israeli cows and bees and its chocolate fudge pieces come shaped like Stars of David.

The company, which split from its American counterpart after a contentious 2021 boycott fight, is billing the new pint as its “most Israeli flavor ever” and, on its website, as a “symbol of hope, rehabilitation, and positive action” after the Hamas-led Oct. 7 attack.

Its ingredients and production come from southern Israeli communities most affected by the massacre and the war that followed. The company, based in the southern city of Kiryat Malachi, said it “felt a responsibility to take an active part in the region’s recovery process.”

The milk and cream come from the dairy in Kibbutz Alumim, one of the Gaza-border communities infiltrated by Hamas terrorists on Oct. 7, 2023. The honey comes from the beehives of Kibbutz Yad Mordechai. The chocolate Stars of David are made by hand at the Korint factory in Beersheba, part of the Shkulo Tov social enterprise, which helps integrate people with disabilities into the workforce.

Even the wrapper is local: the pint is adorned with “Fields of Light,” a painting by Rivi Doron-Gerloy, a southern Israeli artist who was killed in a Miami car accident last year.

The flavor was developed in partnership with the Ayalim Association, a nonprofit that works to strengthen Israel’s periphery. The company said royalties from sales of the new flavor will go to Ayalim’s rehabilitation and educational initiatives in the south.

The Israeli and American Ben & Jerry’s operations are now completely separate, a split that followed one of the more improbable diplomatic dramas ever to involve ice cream. In 2021, Ben & Jerry’s said it would stop selling in Israeli settlements in the West Bank, saying sales there were “inconsistent” with its values.

The move set off an uproar in Israel. President Isaac Herzog called the boycott a “new kind of terrorism,” while Benjamin Netanyahu, then opposition leader, retweeted the company’s announcement that it would stop selling in the “Occupied Palestinian Territories,” writing, “Now we Israelis know which ice cream NOT to buy,” alongside Israeli flag and flexed-bicep emojis.

The original founders, Ben Cohen and Jerry Greenfield, who no longer control the company but remain its best-known faces, also came under fire after the decision. In an interview, they were asked why the boycott logic did not extend to places such as Georgia and Texas, despite their opposition to those states’ voting rights and abortion laws.

“Why do you still sell ice cream in Georgia? Texas?” Axios reporter Alexi McCammond asked in a video that went viral on pro-Israel platforms.

Clearly stumped, Cohen shrugged his shoulders. “I don’t know,” he said, laughing. “You ask a really good question and I think I’d have to sit down and think about it for a bit.”

Unilever’s then-chief executive, Alan Jope, also appeared to suggest that Israel had become an inconveniently sticky scoop of activism. “There is plenty for Ben & Jerry’s to get their teeth into in their social justice mission without straying into geopolitics,” he reportedly said in a quarterly earnings review at the time.

The standoff ended, at least commercially, when Unilever, Ben & Jerry’s parent company, sold the Israeli business in 2022 to Avi Zinger, the longtime Israeli licensee and owner of American Quality Products. The sale was accompanied by a legal fight that was inflamed when Zinger told an Israeli news outlet that, once he took control of the company in Israel, he could rename the signature flavor “Chunky Monkey” to “Judea and Samaria,” the Hebrew term for the West Bank.

Under the ultimate deal, Ben & Jerry’s could continue to be sold throughout Israel and in Israeli settlements, under Hebrew and Arabic branding, while the Vermont-based company said it disagreed with the move and would no longer profit from Israeli sales.

The split left the Israeli operation in an unusual position: carrying one of the most recognizable American ice cream names, while openly defying the political stance associated with that name abroad.

But the corporate restructuring has not been enough to cleanse the palate for everyone. On social media, the new flavor drew curiosity and praise, but also lingering resentment from those who said the brand name still carried too much baggage, even under Israeli ownership.

“I really don’t care if it’s owned by someone other than Ben and Jerry in Israel. Those two clowns’ names are still associated with the brand. I wouldn’t spend a penny for this ice cream regardless. That brand is done,” one person wrote on Instagram.

“We’ve been eating Häagen-Dazs since October 7th,” another said.

Last year, Cohen announced that he planned to produce a “flavor for Palestine” independently after Unilever blocked Ben & Jerry’s from creating one, soliciting suggestions about what should accompany watermelon, a symbol of Palestinian solidarity, in his concoction.

“Milk and Honey” has come to market faster. So does the new flavor deliver a taste of the Holy Land?

One food influencer, who called the new flavor a “statement,” offered a less scriptural verdict on the taste, shrugging that it “tastes like vanilla with chocolate chips” — a conclusion echoed by others in Israeli food aficionado groups, who lamented that the honey was barely noticeable.

One commented, referring to dairy-free desserts made to comply with kosher laws prohibiting the mixing of milk and meat: “Not the tastiest thing I’ve ever eaten, but not as bad as a pareve dessert either.”

This article originally appeared on JTA.org.

The post Years after a boycott fight, Ben & Jerry’s Israel debuts a flavor celebrating Israeli resilience appeared first on The Forward.

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Mamdani calls AIPAC ‘monsters’ in rally ahead of NY primaries

(JTA) — New York City Mayor Zohran Mamdani on Thursday night accused the American Israel Public Affairs Committee of spending “millions in dark money” to ensure pro-Israel candidates win seats in tthe November midterms.

Mamdani made his remarks at a rally headlined by Sen. Bernie Sanders (I-VT) at Kings Theater in Brooklyn ahead of Tuesday’s Democratic primaries for progressive congressional candidates. He called on the crowd to help elect Jewish former New York City Comptroller Brad Lander, State Assembly member Claire Valdez and former Columbia encampment organizer Darializa Avila Chevalier. 

In a fiery 30-minute speech, Mamdani took aim not just at AIPAC but also Israeli Prime Minister Benjamin Netanyahu and his handling of the war in Gaza. He claimed that  “The monsters that we are up against, they take many different forms,” and then singled out AIPAC.

He described the major pro-Israel lobby as an organization “for whom the only thing more frightening than democracy being allowed to run its course is an end to genocide and Netanyahu’s wars.”

Mamdani continued by alleging that AIPAC moves “millions in dark money to accomplish a single goal, to preserve their power so that they can turn us against one another instead of our leaders turning towards the moral change we all know to be necessary.”

AIPAC did not respond to a request for comment about Mamdani’s remarks.

The lobby, whose endorsement was once heavily sought by politicians on both sides of the aisle, has increasingly come under fire for its campaign tactics. Pro-Israel Democrats are particularly struggling to hold onto seats as voters on the left increasingly turn against the Jewish state.

Sanders, for his part, doubled down on criticism of AIPAC when he took the stage. “The American people understand that a large part of our horrific foreign policy is impacted by AIPAC funding,” he said.

Turning to the local races, Mamdani voiced support for Valdez for her opposition to Israel. “When other Democrats chose to look the other way as Netanyahu committed war crimes, Claire didn’t just name the genocide,” he said. “She organized for a ceasefire.”

In a change of tone, Mamdani emphasized unity, including an appeal to Jewish voters.

“Whether you worship at shul, at a mosque, in a church, a gurdwara, a temple, or you don’t worship at all, we share a belief that our city deserves leaders who lead with hope and not fear,” the mayor said.

He added, “No matter where we live, how old we are, what train we take in the morning, or what bagel we order, we are New Yorkers and we want the same things,” including “a city that belongs to all of us.”

Reaction on social media was swift. One self-described mom from New York City posted on X of the rally and the Democratic Socialists of America there: “It’s pretty transparent and vile how Zohran Mamdani and the DSA are using ‘AIPAC’ as a euphemism for Jews, and how Brad Lander is going right along with it.”

Jewish writer Dovi Safier also criticized the comments, writing, “The mayor of the city with the world’s largest Jewish population is pushing conspiracy theories about ‘money men’ who ‘move millions in dark money’ to ‘turn us against one another’ — and calling them ‘monsters.’ Subtle.”

This article originally appeared on JTA.org.

The post Mamdani calls AIPAC ‘monsters’ in rally ahead of NY primaries appeared first on The Forward.

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Jewish groups push back against Trump’s Iran deal — but more quietly so far than in 2015

(JTA) — A growing number of Jewish groups are pushing back against the new memorandum of understanding brokered between President Donald Trump and Iran.

At least for now, however, their responses are more muted than when the same groups publicly opposed former President Barack Obama’s own Iran deal in 2015. And at least one major Jewish group that opposed Obama’s deal is backing Trump’s framework.

“Trust President Trump,” the Republican Jewish Coalition told its followers Thursday, becoming the most notable Jewish group to support Trump’s memorandum of understanding.

“President Trump has earned the trust of the Jewish community as he and his team work towards a final agreement,” RJC CEO Matt Brooks and chair Norm Coleman said in a statement. They praised the MOU, saying it “envisions a horizon of economic stability for the United States, the region, and the world,” and that it “provides an opportunity for potential new pathways to greater peace.”

The RJC cautioned that “a final deal must avoid the flaws that doomed Obama’s,” specifying that there should be “no sunset clauses” on Iran’s nuclear program and other proposals. In the days before its own statement, the group had been reposting praise of the MOU from other Trump allies, including Sen. Lindsey Graham.

Meanwhile, the American Jewish Committee and the pro-Israel lobbying giant AIPAC took a different tack. They became the largest Jewish organizations to voice concern with the new Iran deal on Thursday, issuing public objections following requests for comment from the Jewish Telegraphic Agency.

The MOU “raises significant questions,” AIPAC said in a lengthy statement that urged Congress to intervene ahead of “a final nuclear agreement,” claiming that the terms of the MOU don’t match “President Trump’s stated objectives for the war.”

The AJC outlined what it said were seven “concerns” it had with the MOU. Like most of the other Jewish groups that responded to JTA for this story, the AJC also expressed hope that the terms of the deal could be changed to be stricter on Iran and more favorable to Israel before it is finalized. (In 2015, in response to Obama’s Joint Comprehensive Plan of Action, the AJC said it “overwhelmingly” would “oppose this deal.”)

Trump’s MOU is not a final agreement, unlike Obama’s JCPOA. Rather, it marks the start of a 60-day negotiating period that aims to end the Iran war about to enter its fourth month. It does not yet outline any clear commitments regarding Iran’s nuclear program, which had been at the heart of the JCPOA and which is of particular concern to Jewish groups, who are roundly opposed to Iran obtaining a nuclear weapon in large part because of the risk to Israel. Many had objected to Obama’s deal in part because of its “sunset clauses” that would have phased out nuclear restrictions starting at the 10-year mark.

Regardless, many analysts across the political spectrum are concluding that Trump’s framework is a worse deal than Obama’s, in part because it provides a pathway for Iran to stage an economic recovery.

The Israeli government, which sent Prime Minister Benjamin Netanyahu to personally lobby Congress in 2015 to oppose Obama’s deal, is also strongly opposed to Trump’s — in part because it would require Israel to withdraw from fighting Hezbollah in southern Lebanon. A new poll by Israel’s Channel 12 found that 71% of Israelis don’t trust Trump to look out for their country’s interests in negotiations with Iran.

Hawkish pro-Israel think tanks, including the Foundation for Defense of Democracies and the Jewish Institute for National Security of America, issued papers knocking Trump’s deal.

“In some ways, the MOU is even weaker than President Barack Obama’s,” JINSA said. “This new deal authorizes the transfer of far more money and lifts many more sanctions on Iran than the JCPOA ever did.”

Trump and his top surrogates, including Vice President JD Vance, are increasingly signaling a lack of patience with Israel and a willingness to prioritize ending the war over stopping Iran’s nuclear program.

Some groups are waiting before weighing in. Nathan Diament, head of the Orthodox Union, declared Obama’s deal “not kosher” in 2015. On Thursday, he told JTA that the question of how to respond to Trump’s deal “will be a central topic of discussion” at the group’s leadership advocacy mission in Washington, D.C., taking place early next week. O.U. representatives are scheduled to meet with members of the Trump administration, as well as members of Congress.

JTA reached out Thursday to a wide range of Jewish groups that publicly opposed Obama’s Iran deal in 2015 to ask them their views on Trump’s. Many others, including the Anti-Defamation League and the Conservative movement’s Rabbinical Assembly, did not respond by press time.

Of those who did, only Morton Klein, head of the right-wing Zionist Organization of America, castigated the MOU outright. Klein told JTA he was “extremely upset with this deal” — and with Trump.

“I find this deal just astonishing,” Klein said. “Helping out a country that Trump himself said, if they’d gotten nukes, they’d have used them on Israel and killed millions of Jews? So that mentality, now you’re helping them rebuild?”

He added, “Trump has done many wonderful things for Israel, so we’ve praised Trump for that. But now he’s doing something very bad for Israel and America.”

Such level of forceful public opposition to the deal, though, is rare in Jewish circles at present — especially in contrast with the extent of Jewish mobilization against Obama’s deal in 2015.

Back then, in addition to the usual Jewish advocacy groups, dozens of local Jewish federations across the country pushed their communities and representatives to fight it, in a sweeping and sustained show of opposition.

“This Iran deal threatens the mission of our Federation as we exist to assure the continuity of the Jewish people, support a secure State of Israel, care for Jews in need here and abroad and mobilize on issues of concern,” one typical statement, from the Jewish Federation of Greater Los Angeles, read at the time.

Three years later, during Trump’s first term, he tore up the JCPOA, calling it “a horrible one-sided deal that should have never, ever been made.”

The lack of similar opposition today for Trump’s deal, Klein said, was glaring: “Nobody is taking issue with this agreement in the Jewish world.”

Among local Jewish groups, the initial reaction to Trump’s MOU has struck a measured tone. The Jewish Community Relations Council of Greater Washington, one of dozens of local Jewish communal groups that publicly opposed the 2015 JCPOA, told JTA it was “concerned” that Trump’s deal “has granted Iran a new leverage point to use in the future to inflict pain on the world’s economy.”

Ron Halber, the JCRC’s head, blasted the MOU for being crafted without Israel’s input, and for requiring Israel to withdraw from its offensive against Hezbollah in Lebanon. Similar to AIPAC, Halber said his organization would continue to push for “a final U.S.-Iran agreement” that is more favorable to Israel and takes harsher measures against Iran.

In its statement, the Jewish Federation of Greater Philadelphia, which also opposed the JCPOA, did not directly weigh in on the new MOU. Instead, the federation said, “Any agreement involving the Iranian regime should be judged by its ability to prevent a nuclear-armed Iran,” among other factors.

JTA reached out to six other major Jewish federations that opposed the 2015 JCPOA, including Combined Jewish Philanthropies of Greater Boston, which was the first federation to oppose that deal and whose leader wrote, in 2021, “We were right.”

CJP of Boston did not respond to a request for comment. The Jewish United Fund of Chicago declined to comment, while several other federations that opposed the JCPOA — including Los Angeles, Miami, Phoenix and Detroit — did not respond by press time.

In its own statement opposing the MOU, AIPAC did not outline an advocacy plan to combat it, in contrast to its full-court press against the JCPOA. An AIPAC spokesperson did not return a JTA request for comment on whether, or how, it planned to advocate against Trump’s MOU.

This article originally appeared on JTA.org.

The post Jewish groups push back against Trump’s Iran deal — but more quietly so far than in 2015 appeared first on The Forward.

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