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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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Tidbits: Taiwan opens its first Jewish cemetery
Tidbits is a Forverts feature of easy news briefs in Yiddish that you can listen to or read, or both! If you read the article and don’t know a word, just click on it and the translation appears. Listen to the report here:
אויפֿן אינדזל טײַוואַן האָט מען לעצטנס פֿאַרלייגט דעם ערשטן בית־עולם אין לאַנד, דרײַ יאָר נאָך דעם ווי אַן אָרטיקער ייִד האָט, בײַם גוססן, אויסגעדריקט צער, וואָס מע וועט אים נישט קענען באַגראָבן אין טײַוואַן.
הרבֿ שלמה טאַביב, אַ מיטגרינדער פֿונעם חב״ד־הויז אין דער טײַוואַנער קרוינשטאָט טײַפּיי, האָט געזאָגט אַז דער ייִד האָט אים געבעטן בויען אַ בית־הקבֿרות אין טײַוואַן, כאָטש ער האָט געוווּסט אַז ער אַליין וועט נישט דערלעבן דאָרט באַגראָבן צו ווערן.
„זײַנע ווערטער זענען פֿאַר מיר געווען אַ קול־קורא,“ האָט טאַביב געזאָגט. „איך האָב פֿאַרשטאַנען, אַז אויב איך וועל זיך דאָס נישט אונטערנעמען, וועט קיינער עס נישט טאָן.“
מיט אַ חודש צוריק האָט מען פֿאַרלייגט דעם בית־עולם און באַלד נאָך דעם האָט טאַביב אָנגעפֿירט מיט דער ערשטער לוויה על־פּי־הלכה אין דער געשיכטע פֿון טײַוואַן. 95% פֿון די מתים אין טײַוואַן ווערן קרעמירט.
דער בית־עולם געפֿינט זיך אין אַ וואַלד, בערך 40 מינוט פֿונעם חב״ד־הויז. פֿאַר טאַביב איז דער בית־עולם געווען דאָס לעצטע רינגל אין אַ קייט פּראָיעקטן לטובֿת דער אָרטיקער ייִדישער קהילה. אין 2021 האָט מען געעפֿנט אַ ייִדישן קהילה־צענטער, אַ דאַנק אַ מתּנה פֿון 16 מיליאָן דאָלאַר פֿון אַן אָרטיקן ייִדישן געשעפֿטסמאַן, דזשעפֿרי שוואַרץ. אינעם צענטער געפֿינט זיך אַ שיל, אַ כּשרע קיך, אַ יודאַיִקאַ־מוזיי, אַ מיקווה און אַ זאַל פֿאַר 300 מענטשן.
הגם דער נײַער בית־עולם איז דער ערשטער אין טײַוואַן איז ער נישט דער ערשטער אין כינע. אין האָנג־קאָנג האָט מען געגרינדעט אַ בית־הקבֿרות נאָך אין 1855, און אין שאַנכײַ — אין 1862.
צו זען דעם אַרטיקל אויף ענגליש גיט אַ קוועטש דאָ.
To see this article in English, click here.
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EU seeks to advance trade ban on Israeli settlements
(JTA) — The European Union could be leaning toward banning trade with Israeli settlements in the West Bank.
Foreign ministers debated various tactics to respond to the settlements on Monday at their monthly council meeting in Brussels, against the backdrop of rising violence by settlers and efforts by the Israeli government to expand settlements in Palestinian territories.
In a press conference following the meeting, the EU’s foreign policy chief, Kaja Kallas, said one possibility had stood out.
“The option that got the most support was banning the trade with illegal settlements,” she said. All 27 member states consider Israeli settlements in the West Bank to violate international law.
Kallas added, “We tasked the ambassadors to take this work forward, and probably will also have an extraordinary meeting on this.”
No decisions have yet been made, and the path forward is uncertain. Some EU member nations favor aggressive action against the settlements, while others are unlikely to back any measures that take aim at Israel. A number are in the middle and have not decided whether they support trade bans.
The level of agreement between European governments needed to enact a partial or full trade ban on Israeli settlements remains an open question. Kallas said it was the European Council’s legal opinion that voting on trade issues called for a qualified majority, meaning that 15 out of 27 states would have to vote in favor, representing at least 65% of the EU population.
But she also acknowledged that legal experts disagreed about how much backing was needed for a trade ban. “You can always find different lawyers who come up with different ideas,” she said.
Israel’s Foreign Minister Gideon Sa’ar accused Kallas of an “obsessive campaign against Israel” in a post on X. “There was no consensus. There was no qualified majority. In fact, there was no majority at all,” he wrote, adding, “Tricks like this do nothing to advance our shared interests.”
The EU has hotly debated measures against Israel as settlements in the West Bank have expanded and settler violence has sharply intensified over recent years. The Israeli NGOs Peace Now and Kerem Navot said in a report last week that “the current Israeli government has advanced de facto annexation of the West Bank at an unprecedented pace.”
The ministers considered measures including a stricter export licensing system, higher tariffs and a partial or outright ban on goods produced over the pre-1967 lines. The options were first presented in a paper last week by the European Commission, the EU’s executive branch, as pressure mounted from European governments.
Kallas said these potential moves were not “options against Israel,” but “options against the illegal settlements that undermined the two-state solution.” She told reporters before the meeting that member states had been pressing for a trade ban on Israeli settlements, saying, “Everyone agrees that the situation in the West Bank is really intolerable.”
In May, the EU sanctioned Israeli settlers over violence against Palestinians after Hungary’s new government, led by Peter Magyar, gave its approval and allowed the states to reach a consensus.
To protest the Gaza war, the commission last year proposed suspending the EU’s free trade agreement with Israel as set out under the EU-Israel Association Agreement, the cornerstone of economic and political cooperation between Europe and Israel. The proposal was not advanced because it lacked the majority support of 15 member states.
The EU is Israel’s largest trading partner, accounting for 33.1% of its imports and 29.4% of its exports in 2025, according to a summary on the European Commission website, which did not provide data on settler goods. The free trade agreement does not apply to goods originating from Israeli businesses located over the pre-1967 lines.
Revoking the association agreement requires unanimous approval from the EU’s 27 member states, while a partial suspension, such as freezing the free trade agreement, calls for a qualified majority. Germany, Italy, Hungary and Czechia have consistently opposed such suspensions.
Israel’s most vocal critics in Europe, including Ireland and Spain, have pushed for suspending the association agreement along with proposing their own import bans at the national level. Ireland now holds the rotating presidency of the European Council, a six-month term that ends in December 2026.
The legal basis of trade restrictions on Israel lies at the heart of debates in the EU. Support from a qualified majority is sufficient to enact a commercial policy, while changes in the common foreign and security policy — such as sanctions — require unanimity.
Some legal scholars have argued that an EU ban on imports from Israeli settlements should be imposed as a trade measure rather than a sanction, making it easier to pass.
A group of 40 scholars said in an open letter last month to Kallas, trade chief Maroš Šefčovič and European Commission president Ursula von der Leyen that a blanket ban on settlement imports had a legal basis under the EU’s common commercial policy. Claims that unanimity was needed for the prohibition were “grounded in political rather than legal considerations,” they said.
The scholars also referenced an advisory opinion from the International Court of Justice in 2024, which said that Israel’s military control of Palestinian territories in the West Bank constituted an illegal occupation.
“In that regard, it should be noted that the EU Court of Justice has ruled that, in its acts, the EU is ‘bound to observe international law in its entirety,’” they said.
Daniel Mariaschin, Honorary CEO of the pro-Israel Jewish advocacy organization B’nai Brith International, told the Jewish Telegraphic Agency that reducing trade “would only weaken one of Europe’s most important partnerships in the region.”
“There are those within the EU who are looking for any way to undercut Israel’s international standing, and this is yet another example,” Mariaschin said.
This article originally appeared on JTA.org.
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PEN America president, defending Israel’s critics, resigns after report warns of threats to Jewish authors
(JTA) — The president of PEN America resigned over the weekend in protest of a report on boycotts targeting Jewish and Israeli authors, part of yet another round of internal division over Israel at the literary free-speech institution.
Dinaw Mengestu, an Ethiopian-American novelist and Bard College professor, told The Atlantic he was stepping down because he believed the PEN report, “A Silent Moratorium,” failed to defend the free-speech rights of participants in the movement to boycott Israel.
“It’s the First Amendment that allows all of us to engage in boycotts, not PEN America,” Mengestu told the publication. “PEN America as a free expression organization is supposed to defend that right.”
The author did not respond to multiple Jewish Telegraphic Agency requests for comment, but in an Instagram post Monday alluded to an interest in creating a new organization to rival the prominent nonprofit, which defends the free expression rights other writers.
In response to an interview request, PEN sent a statement to JTA saying it was “grateful” for Mengestu’s leadership and would “respect” his decision. The statement also alluded to PEN’s own past turmoil: “We tell hard stories, in politically challenging moments, about writers from a range of perspectives, even when it’s uncomfortable for us given our own recent history.”
In its report, published on its blog, PEN described “Jewish and Israeli writers who feel that the mainstream literary world is increasingly shutting them out because of their identity, nationality, or views.” Interview subjects include several Israel critics, as well as literary agents who assert that they face more difficulties signing Jewish authors after the Oct. 7, 2023, Hamas attack on Israel and amid the subsequent war in Gaza. The report also repeatedly cited a JTA report about a 2024 viral list of “Zionist” authors to boycott.
Among other details, PEN’s report revealed that Israeli novelist Etgar Keret and public radio host Ira Glass had cancelled a planned live event in Australia over fears of threats and protest.
“This silencing and exclusion of writers is a threat to what PEN America is fundamentally committed to defending: a culture of free expression for all,” according to the report.
In addition to the report, PEN also altered its institutional policy toward cultural boycotts, which the organization has long opposed. Although its report on Jewish authors asserted that boycotts “threaten the free expression rights” of their targets, the revised guidelines say that the group will also defend the right of writers to participate in boycotts.
Mengestu’s resignation comes at a perilous moment for Jews facing cultural boycotts, both within the standard-bearers of PEN and elsewhere. PEN’s Jewish former longtime CEO stepped down in 2024 following months of blowback from rank-and-file authors who felt the organization was insufficiently critical of Israel and caused PEN to cancel a festival for global authors.
Since the leadership change, PEN leadership has published and retracted a condemnation of a boycott effort trained at an Israeli comedian and also published a report cataloguing Israel’s “cultural destruction in Gaza.”
Mengestu had assumed the role of board president in 2025. But PEN’s report about Jewish and Israeli writers on Thursday, he wrote, “makes clear that [change] will not happen.”
The Anti-Defamation League said it was “deeply troubled” by Mengestu’s resignation Monday. “Freedom of expression means opposing efforts to boycott, silence, or exclude writers because of their identity or nationality,” the organization tweeted, saying that the author’s decision to leave PEN over his objections to the report on Jewish authors “sends a chilling message.” Jewish authors also objected.
“Imagine running a free expression org and resigning because it refuses to blacklist authors based on their nationality,” the author David Zweig wrote on X, musing whether Mengestu would object to boycotting authors from his birth country: “Ethiopia doesn’t exactly have a good human rights record.”
In response to The Atlantic’s story that quoted sources from inside PEN who were critical of his resignation, Mengestu wrote a lengthy Instagram post Monday in which he stated, “This piece is about trying to suppress constitutionally protected speech,” criticized past PEN reports critical of the BDS movement, and added, “What PEN America fails to understand is that boycott is a form of dialogue.”
He announced his intention to “help make something better,” receiving affirmative comments from notable authors including Viet Thanh Nguyen, Angela Flournoy, Jewish pro-Palestinian novelist Jess Row and Pulitzer Prize-winner Benjamin Moser, author of a forthcoming history of Jewish anti-Zionism.
Other Jewish authors on the left were among those defending Mengestu’s decision to step down.
“Dinaw is one hundred percent correct that this kind of fake victim propaganda can be used to support anti-Boycott legislation which violates the First Amendment and is everywhere as popular support for Palestinians grows,” author Sarah Schulman wrote on Facebook. Calling PEN’s blog about Jews “one of those fake anti-semitism pieces,” Schulman added, “If PEN wants to survive, they have to get out of the Israel/Zionism business.”
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