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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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Trump has no vision for what comes next in the Middle East
Buried within the long, maudlin, combative, occasionally moving and never modest verbiage of President Donald Trump’s Tuesday State of the Union address was this uncomfortable truth: Trump has no idea what comes next in the Middle East.
In discussing two conflicts that have drawn intense attention over the past year — those in Gaza and Iran — he offered a downright confusing picture of what the future has to offer.
When the president finally touched on foreign policy, after he had already been speaking for nearly an hour and a half, he credited himself with ending eight wars — a figure that’s worth questioning.
“The war in Gaza, which proceeds at a very low level, it’s just about there,” he said.
The Gaza war is over, maybe
There is no doubt Gaza is closer to peace than it was when Trump took office. The deal he forged between Israel and Hamas is so far the greatest foreign policy accomplishment of his second term.
But “just about there?”
Israel has killed about 600 Palestinians, including many civilians, since the ceasefire. Meanwhile, Hamas has not disarmed, and in fact, according to the Times of Israel, has begun inserting itself in new Trump-backed governing bodies in Gaza.
More than 80% of the structures in the Strip were destroyed in the conflict that began when Hamas attacked Israel on Oct. 7, 2023. Rebuilding will take many years, and billions of dollars. Of the 200,000 temporary housing units humanitarian agencies estimate the enclave needs, only 4,000 have been delivered or on their way.
The much-heralded Trump peace plan, in other words, is on shaky ground.
That explains why Trump thanked Hamas, as he has done in previous speeches this month, for helping to find the bodies of dead hostages.
“Believe it or not, Hamas worked along with Israel,” Trump said, “and they dug and they dug and they dug. It’s a tough, tough thing to do, going through bodies all over, passing up 100 bodies, sometimes for each one that they found.”
Why not mention that Hamas wouldn’t have had to do such hard, noble work if it hadn’t attacked and killed Israelis in the first place? Because the odd compliment — thanking murderers for returning their victims’ bodies — was Trump playing to reality. If his signature diplomatic initiative is to succeed, he needs Hamas and its patrons to go along. So far, the group is stalling when it comes to disarmament. If he can’t persuade them to take that step, his signature peace effort is done for.
An awareness of just how treacherous this situation is explains why Trump’s Gaza comments focused largely on his success at negotiating the return of Israel’s hostages, both living and dead.
“And those parents who had a dead son,” Trump said, “they always told me that boy, they wanted him as much as though he were living.”
Trump didn’t offer a vision, as he has in the past, of a prosperous Gaza; of Saudi Arabia joining the Abraham Accords; and of Israel at peace with its neighbors. He didn’t even mention his pet initiative, the Board of Peace — surprising, given that the body met for the first time just last week. The Middle East has a way of lowering expectations, and in the State of the Union, Trump wasn’t selling anything but the successful return of the dead.
The Iran war that isn’t, yet
On Iran, Trump was, if possible, even more confusing.
The United States has sent its largest military force in decades to the Middle East, which means we are once again — maybe — on the verge of a Middle East war. But Trump’s case for conflict — and explanation of how things got to this point — was lackluster.
He claimed that Operation Midnight Hammer, the June 2025 U.S. strike on Iran’s nuclear facilities, “obliterated Iran’s nuclear weapons program.”
But evidently, a program that was “obliterated” is somehow, less than a year later, an imminent threat. In the very next sentence, Trump said Tehran is now trying to rebuild its nuclear facilities and develop missiles that could reach the United States. (The simpler and more factual explanation: actually, nothing got obliterated in the first place.)
While claiming that the Iranian regime recently killed 32,000 of its own people during nationwide protests — an exact death toll is still elusive — he offered the country a path to survival: give up nuclear weapons.
But what sounds like a clear demand really isn’t. Nuclear diplomacy takes a long time and great delicacy. Trump, who favors swift resolutions, has backed himself into a corner: The military is already there, and the world is waiting with baited breath.
Plus, Americans don’t want to go to war. Some 49% of Americans oppose an attack on Iran, with just 27% in support of one, according to a YouGov poll this month. Independents oppose the idea by 54%, and Republicans support it by only 58%.
What’s a president who has staked his second-term reputation on his ability to win big and make peace supposed to do?
For now, the lack of specificity gives Trump room to waffle on whether or not to go to war — and try to make a case for what specific, achievable aims he would have in doing so.
In a clear sign that he doesn’t yet have answers for those questions, Trump’s language on Tuesday sounded awfully familiar. “I will never allow the world’s number one sponsor of terror to have a nuclear weapon,“ he said. “My preference is to solve this problem through diplomacy.”
Compare that to former President Barack Obama’s 2012 State of the Union.
“Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon,” Obama said, “and I will take no options off the table to achieve that goal. But a peaceful resolution of this issue is still possible, and far better.”
Maybe Trump has a clear idea of what comes next for Gaza and Iran. Or maybe we’ve just gone back to the future.
The post Trump has no vision for what comes next in the Middle East appeared first on The Forward.
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Memories of a subway passenger
דערצויגן געוואָרן אין דער שטאָט ניו־יאָרק, בײַ אַ משפּחה וואָס האָט נישט פֿאַרמאָגט קיין אויטאָ, האָב איך אַ גרויסן חלק פֿון מײַן לעבן „אויסגעלעבט“ אויף דער אונטערבאַן („סאָבוויי“). הגם הײַנט פֿאָר איך בדרך־כּלל מיט מיט דער מחוץ־שטאָטישער באַן „מעטראָ־נאָרט“, מוז איך מודה זײַן, אַז מײַנע יאָרן אויף דער אונטערבאַן האָבן זיכער געהאָלפֿן צו אַנטוויקלען בײַ מיר דאָס געפֿיל פֿון אַן עכטן ניו־יאָרקער.
אין עלטער פֿון 11 יאָר, למשל, זענען איך און מײַן 10־יאָריקע שוועסטער, גיטל, יעדע וואָך, נאָך די קלאַסן, געפֿאָרן מיט דער אונטערבאַן פֿינף סטאַנציעס צו אונדזער פּיאַנע־לעקציע. וואָס איז דער חידוש, פֿרעגט איר? איר קענט זיך אויסמאָלן, אַז צוויי אומשולדיקע מיידלעך, טראָגנדיק קליידלעך און צעפּלעך, זאָלן הײַנט פֿאָרן, אָן שום באַגלייטונג פֿון אַ דערוואַקסענעם — אויף דער אונטערבאַן? איך — נישט. פֿונדעסטוועגן, מיין איך, אַז דאָס האָט אונדז געגעבן אַ געוויסן נישט־באַוווּסטזיניקן קוראַזש, וואָס פֿעלט הײַנט די קינדער, וואָס זייערע עלטערן מוזן זיי פֿירן אינעם אויטאָ פֿון איין אָרט צום צווייטן.
איך האָב ליב געהאַט צו לייענען די רעקלאַמעס אין וואַגאָן. איך געדענק, למשל, די מעלדונגען וועגן דעם יערלעכן שיינקייט־קאָנקורס, „מיס סאָבווייס“. עטלעכע וואָכן פֿאַרן קאָנקורס, איז אין יעדן וואַגאָן געהאָנגען אַ בילד פֿון די זעקס פֿינאַליסטקעס. פֿלעג איך מיט גיטלען איבערלייענען זייערע קליינע ביאָגראַפֿיעס — בדרך־כּלל, סטודענטקעס, סעקרעטאַרשעס, זינגערינס, און טענצערינס — און דיסקוטירן מיט איר, ווער ס׳וואָלט געדאַרפֿט געווינען די „אונטערערדישע קרוין“. איך פֿלעג זיך אָפֿט מאָל חידושן, ווי אַזוי איינע מיט אַ גרויסער נאָז אָדער געדיכטע ברעמען האָט דערגרייכט אַזאַ מדרגה, אַז איר פּנים זאָל באַצירן יעדן וואַגאָן פֿון דער ניו־יאָרקער באַן־סיסטעם.
איך האָב זיך אויך געלערנט מײַנע ערשטע שפּאַנישע זאַצן אויף דער אונטערבאַן. אין יעדן וואַגאָן איז געהאָנגען אַ וואָרענונג אויף ענגליש און אויף שפּאַניש: „די רעלסן פֿון דער אונטערבאַן זענען געפֿערלעך. אויב די באַן שטעלט זיך אָפּ צווישן די סטאַנציעס, בלײַבט אינעווייניק. גייט נישט אַרויס. וואַרט אויף די אינסטרוקציעס פֿון די קאָנדוקטאָרן אָדער דער פּאָליציי“. גיטל און איך האָבן זיך אויסגעלערנט אויף אויסנווייניק די שפּאַנישע שורות, און זיי איבערגעחזרט אַזוי פֿיל מאָל, ביז די ווערטער האָבן זיך בײַ אונדז אַראָפּגעקײַקלט פֿון דער צונג ווי בײַ אמתע פּוערטאָ־ריקאַנער. און ס׳איז אונדז צו ניץ געקומען: אַז מיר זענען געשטאַנען ערגעץ צווישן מענטשן, און געוואָלט אויסזען ווי אמתע שפּאַניש־רעדער, האָבן מיר אויסגעשאָסן די שפּאַנישע שורות מיט אַזאַ טראַסק, אַז אַ נישט־שפּאַניש רעדער וואָלט געקענט מיינען, מיר טיילן זיך מיט עפּעס אַ זאַפֿטיקער פּליאָטקע.
מײַנע דרײַ בנים האָבן שטאַרק ליב געהאַט צו פֿאָרן אויף דער אונטערבאַן. קינדווײַז פֿלעגן זיי צודריקן די פּנימלעך צו די פֿענצטער, סײַ ווען די באַן איז געפֿאָרן אין דרויסן, סײַ אינעם פֿינצטערן טונעל. מײַן עלטסטער, יאַנקל, האָט צוויי מאָל געפּרוּווט צו פֿאַרווירקלעכן זײַנס אַ חלום: צו פֿאָרן, במשך פֿון איין טאָג, אויף יעדער ליניע פֿון דער גאַנצער סיסטעם, פֿון דער #1 ביז דער #7; פֿון דער A־באַן ביז דער Z. (מע דאַרף האָבן אַ מאַטעמאַטישן קאָפּ דאָס אויסצופּלאָנטערן.) ביידע מאָל האָט יאַנקל באַוויזן צו פֿאָרן אויף אַלע ליניעס… אַחוץ איינער. נישט קיין חידוש, אַז בײַ אונדז אין דער היים איז יאָרן לאַנג געהאָנגען אינעם שפּריץ אַ פֿירהאַנג מיט אַ ריזיקע מאַפּע פֿון דער אונטערבאַן.
הײַנט האָב איך אַ ספּעציעלע הנאה צו פֿאָרן אויף דער אונטערבאַן מיט מײַנע אייניקלעך. פּונקט ווי עס האָבן קינדווײַז געטאָן זייערע טאַטעס, קוקן זיי אויך אַרויס פֿון פֿענצטער און קאָמענטירן וועגן אַלץ וואָס פֿליט פֿאַרבײַ. ווער ווייסט? אפֿשר וועלן זיי אויך מיט דער צײַט זיך אויסלערנען די ציפֿערן און אותיות פֿון יעדער באַנליניע און דערבײַ אַליין פֿאַרוואַנדלט ווערן אין עכטע ניו־יאָרקער.
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Trump administration files lawsuit against UCLA, saying it failed to protect Jewish and Israeli employees
(JTA) — The Department of Justice filed a federal lawsuit Tuesday accusing the leadership of UCLA of allowing an antisemitic work environment on campus, intensifying the Trump administration’s long-running scrutiny of the Los Angeles campus.
The lawsuit, filed in federal court in the Central District of California, alleges UCLA failed to protect Jewish and Israeli faculty and staff from harassment following the Hamas-led Oct. 7, 2023, attack on Israel and the protests that spread across American universities afterward.
The complaint was filed the same day President Donald Trump is scheduled to deliver the first State of the Union address of his second term, in which he is expected to cite the administration’s broader confrontations with higher education institutions as evidence of its successes. It also comes roughly three months after nine Justice Department attorneys resigned from the government’s University of California antisemitism investigation, telling the Los Angeles Times they believed the probe had become politicized.
The lawsuit says that antisemitic conduct at UCLA became widespread after Oct. 7 and persisted through the 2023-24 academic year. According to the lawsuit, Jewish and Israeli employees were subjected to threats, classroom disruptions, antisemitic graffiti and, at times, were blocked from parts of campus during protests.
The government places particular emphasis on the spring 2024 Royce Quad encampment, when pro-Palestinian demonstrators established a tent protest in the center of campus. The Justice Department alleges UCLA failed to enforce its own campus rules, allowing protests that disrupted university operations and contributed to what it describes as a hostile workplace.
“Based on our investigation, UCLA administrators allegedly allowed virulent anti-Semitism to flourish on campus,” Attorney General Pamela Bondi said in a DOJ press release announcing the lawsuit. Harmeet K. Dhillon, who leads the department’s Civil Rights Division, described the alleged incidents as “a mark of shame” if proven true.
UCLA officials rejected the government’s characterization, pointing instead to changes made under Chancellor Julio Frenk.
“As Chancellor Frenk has made clear: Antisemitism is abhorrent and has no place at UCLA or anywhere,” vice chancellor of strategic communications Mary Osako said in a statement. She cited investments in campus safety, the launch of UCLA’s Initiative to Combat Antisemitism, the reorganization of the university’s civil rights office, the hiring of a dedicated Title VI and Title VII officer and strengthened protest policies.
“We stand firmly by the decisive actions we have taken to combat antisemitism in all its forms, and we will vigorously defend our efforts and our unwavering commitment to providing a safe, inclusive environment for all members of our community,” Osako said.
Frenk, who is Jewish, has spoken publicly about antisemitism in higher education. In an essay published by the Jewish Telegraphic Agency last year, he invoked the history of German universities under Nazism, warning that those institutions “never recovered after driving Jews out” and urging American colleges to confront antisemitism while preserving academic freedom and open debate.
The new lawsuit follows earlier legal battles over campus protests at UCLA. In July 2025, the university agreed to pay $6.13 million to settle a lawsuit brought by Jewish students and a Jewish professor who said demonstrators had blocked access to parts of campus. Under that agreement, UCLA said it would ensure protesters could not restrict movement or access to university spaces.
Campus tensions over speech and security have continued more recently. Bari Weiss, the journalist and founder of The Free Press, withdrew this month from a scheduled appearance at UCLA as part of the Daniel Pearl Memorial Lecture series. Weiss had been invited to speak on “The Future of Journalism” but canceled the event, citing security concerns ahead of the lecture.
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