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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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Rep. Dan Goldman urges ‘no’ vote on proposed Brooklyn Israel boycott, warning of antisemitism
Rep. Dan Goldman of New York and his primary challenger Brad Lander are wading into the contentious debate over a proposed boycott of Israeli products at a Brooklyn cooperative grocery store ahead of an expected vote next week.
In a statement shared exclusively with the Forward on Wednesday, Goldman urged members of the popular Park Slope Food Coop in Brooklyn to attend a May 26 vote and cast ballots against the boycott resolution — and condemned the measure as antisemitic.
“Everyone is free to criticize the Israeli government — which I do not hesitate to do — but joining a movement that was founded on the principle of the elimination of Israel will have no impact on the Israeli government or the Israeli economy,” Goldman said in his statement. “Instead, it only succeeds at shifting the responsibility for the Israeli government’s actions to American Jews — which is quintessential antisemitism.”
Goldman said that he is aligning himself with Rabbi Rachel Timoner of Congregation Beth Elohim, a progressive leader, as the debate has spilled into local politics and Jewish communal life in the progressive neighborhood.
The resolution says the boycott would persist “Until Israel complies with international law, including by ceasing unlawful discriminatory practices, in its treatment of Palestinians.”
Timoner addressed the proposal in her weekly Shabbat sermon earlier this month.
“Many simply want to see the Palestinian people be free and safe and equal, and I do too, but this is not the way,” Timoner said. “This way is wrong.
Calling it a “proxy war” to what has been dividing Americans in recent years over the Israeli-Palestinian conflict, one “that is laced with antisemitism, Timoner said that many members of her congregation — she and herself — would be forced to resign from their co-op membership if the resolution passes.
The rabbi’s sermon reflected the careful line she has tried to walk since the Oct. 7, 2023 Hamas attack and the war in Gaza — openly criticizing Israeli government policies while rejecting the singling out of Israel. In March 2024, Timoner attended for the first time what was then a weekly protest to call for a bilateral ceasefire and hostage deal, one that Lander attended regularly. In her remarks she said that she had held back until then from calling for a ceasefire in Gaza “because it was being used by people who celebrated Oct. 7, people who do not hold Hamas responsible, and people who want to eliminate the state of Israel — and I did not want to be associated with that.”
Timoner is a co-founder and board member of the New York Jewish Agenda, a progressive advocacy group formed in 2020 to be a voice for liberal Jews in New York. Lander is a member of NYJA’s leaders network. A Goldman campaign official noted that the congressman and Timoner have met several times privately to discuss issues affecting the district and that Goldman has attended services at Beth Elohim in the past.
Goldman, the two-term incumbent, challenged his Democratic primary rival to publicly oppose the measure as well, “to stand with our neighbors, and make it clear that this dangerous bigotry has no place in our city.”
Lander, a close ally of New York City Mayor Zohran Mamdani, told the Forward he isn’t a member of the Coop but would vote against the resolution if he were, pointing to Timoner’s sermon. “Principled people can disagree here,” Lander said in a statement that did not take a position on the resolution. “Boycotts, divestments, and sanctions are legitimate tools of advocacy campaigns. Unlike my opponent, I don’t believe all opposition to Israel is antisemitic.”
A long-running boycott fight
The proposal to boycott Israeli products has riven the Brooklyn institution’s roughly 16,000 members. It was introduced in 2024 by a local advocacy group called Park Slope Food Coop Members for Palestine. The resolution would require the Coop to boycott Israeli-made products “until Israel complies with international law in its treatment of Palestinians.”
Coop4Unity, opposing the resolution, is urging shoppers to “bring back cooperation” and “stop polarization.”
The measure is largely symbolic, given that the Coop only carries a handful of items imported from Israel, like EcoLove shampoo and conditioner. At least one, Al Arz tahini, is made by an Israeli Arab in Nazareth. The coop first considered a boycott resolution in 2012.
The debate has grown increasingly heated in recent months, erupting most recently publicly during a general meeting when a member made said “Jewish supremacism is a problem in this country,” a remark that many attendees and Jewish organizations condemned.
The comment — which received applause at the meeting — came during a second resolution that would lower the voting threshold for boycott measures from 75% to 51%.
Goldman strongly condemned the remarks in his statement on Wednesday. “That is not a critique of Israeli policy or advocacy for Palestinian rights,” he said. “It is an old and ugly antisemitic conspiracy theory that fueled the Nazis and then was used by David Duke and the Ku Klux Klan.”
A heated primary over support for Israel
The boycott fight is the latest issue in an already heated primary challenge to Goldman being largely battled over Israel and antisemitism.
Last month, Lander, who has described himself as a liberal Zionist, joined some progressive House members in calling for an end to U.S. aid to Israel. Lander — who described Israel’s actions in Gaza as “genocide” — said he would apply that as well to Israel’s defensive Iron Dome system, high-tech missile interception that protects lives, property and infrastructure against assaults from Iran and allied groups, including Hamas and Hezbollah. Lander said that Israel has the ability to purchase its defense with its own funds.
The 10th Congressional District, which includes Borough Park and Park Slope in Brooklyn as well as parts of lower Manhattan, voted heavily for Mamdani, an outspoken critic of Israel. Mamdani is backing Lander in the primary.
Goldman, an heir to the Levi Strauss fortune and former Trump impeachment prosecutor who was elected in 2022, is aligned with the mainstream positions of national Democrats on Israel: supportive of Israel’s security while finding a pathway for a two-state solution, sharply critical of Prime Minister Benjamin Netanyahu’s right-wing government, and opposed to settlement expansion and settler violence.
Recent polling has shown Goldman trailing Lander in the June 23 primary.
Goldman framed the Coop dispute as about something larger than electoral politics. “It’s time we unite together on this issue,” he said, “and fight for the safe, loving, inclusive community we all deserve.”
Additional reporting by Mira Fox.
The post Rep. Dan Goldman urges ‘no’ vote on proposed Brooklyn Israel boycott, warning of antisemitism appeared first on The Forward.
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Itamar Ben-Gvir draws criticism from Netanyahu for video taunting detained flotilla activists
(JTA) — Prime Minister Benjamin Netanyahu has joined a chorus of Israelis and Jews denouncing his national security minister, Itamar Ben-Gvir, for posting a video that showed Ben-Gvir taunting detained activists from a Gaza-bound aid flotilla that had been intercepted by the Israeli navy.
“Welcome to Israel, we are the masters,” Ben-Gvir said in the video as he waved a large Israeli flag above the detained activists, who could be seen blindfolded and kneeling on the ground with their hands behind their backs.
Roughly 430 activists that took part in the Global Sumud Flotilla, which set sail from Turkey last Thursday, were brought to the city of Ashdod aboard Israeli naval ships on Wednesday, marking the latest in a long-running series of confrontations between Israel and activists seeking to break its naval blockade of Gaza.
In a second video posted on social media, Ben-Gvir said that the activists “came here all full of pride like big heroes. Look at them now,” appealing to Netanyahu to grant him permission to imprison them.
ככה אנחנו מקבלים את תומכי הטרור
Welcome to Israel 🇮🇱 pic.twitter.com/7Hf8cAg7fC
— איתמר בן גביר (@itamarbengvir) May 20, 2026
Netanyahu said in a statement that he had instructed authorities to deport the activists “as soon as possible.” But he also offered a public rebuke of Ben-Gvir.
“Israel has every right to prevent provocative flotillas of Hamas terrorist supporters from entering our territorial waters and reaching Gaza,” Netanyahu said. “However, the way that Minister Ben Gvir dealt with the flotilla activists is not in line with Israel’s values and norms.”
The foreign ministers of several countries, including Canada, Spain, France, the Netherlands and Italy, also condemned the videos and summoned their Israeli diplomats to answer for the display.
But some of the sharpest criticism came from within Israel, where Ben-Gvir plays a crucial role in maintaining the governing coalition while also engaging in antics that threaten to flare tensions and undercut the country’s claims that it behaves in accordance with international law.
Ben-Gvir is “not the face of Israel,” tweeted Foreign Minister Gideon Saar in English.
“You knowingly caused harm to our State in this disgraceful display — and not for the first time,” Saar wrote. “You have undone tremendous, professional, and successful efforts made by so many people — from IDF soldiers to Foreign Ministry staff and many others.”
Ben-Gvir’s videos come as his antics and rhetoric have drawn new scrutiny in recent days. Last week, he departed from longstanding norms and waved an Israeli flag on the Temple Mount, a Muslim holy site, in a show of Jewish supremacy. His oversight of Israeli prisons, where he has said he wants to see prisoners given only the minimum of food and comfort as required by law, also drew attention because of a New York Times column alleging sexual abuse of Palestinian prisoners.
Progressive groups heavily criticized Ben-Gvir’s video, saying that it was inappropriate for him to be part of the Israeli government.
“The disgusting images of Israel’s National Security Minister abusing detainees from the Gaza flotilla are not just bad optics,” tweeted Mickey Gitzin, the acting CEO of the New Israel Fund. “A government that gives a Kahanist this kind of power has already abandoned any notion of decency. These grotesque images are the real face of current Israeli policy.”
Ben-Gvir’s videos showing the treatment of participants in the latest flotilla offered a contrast to other recent interceptions in which Israel has released footage appearing to show activists being treated without force. When past arrestees from flotillas have alleged abusive treatment, Israel has denied it.
The organizers of the Global Sumud Flotilla said all of its boats had been intercepted by Israel by Tuesday evening, accusing Israel of employing “illegal, high-seas aggression.” The Israeli Foreign Ministry said no live munition was used during the operation, which it said was necessary because it will “not permit any breach of the lawful naval blockade on Gaza.”
Among the activists aboard the more than 50 boats in the flotilla was the sister of Irish President Catherine Connolly. On Tuesday, Connolly, who was elected in October and has a record of anti-Israel rhetoric, called the detention of Irish activists aboard the flotilla “unacceptable.”
The post Itamar Ben-Gvir draws criticism from Netanyahu for video taunting detained flotilla activists appeared first on The Forward.
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What Tuesday’s primaries tell us about Democrats, Republicans and the Israel issue
(JTA) — Reading the polls and listening to conservative podcasts, you would understandably think that Republicans are souring on Israel and poised to start voting like Democrats on the issue. At least a little. But the congressional primary results Tuesday in Philadelphia and northern Kentucky tell a more nuanced story (at least for now).
Chris Rabb’s win in the Democratic primary for a congressional seat representing sections of Philadelphia reinforced the view that staunch anti-Israelism is arguably the most potent force in Democratic politics today. The Pennsylvania state representative executed the progressive playbook perfected by New York City Mayor Zohran Mamdani, showing how tough talk on Israel and AIPAC can galvanize the party’s left-wing base.
In Mamdani’s case, however, he was running against several candidates with strong pro-Israel records and deep pro-Israel support – for a position that has long served as a key public cheerleader for Israel in the United States. Rabb, on the other hand, proved that the strategy can be the winning ticket in a race ostensibly having nothing to do with Israel or AIPAC.
Unlike the New York mayor’s race, Tuesday’s primary in Philadelphia consisted of candidates with similar views on affordability issues, while Rabb’s opponents weren’t exactly waiving the pro-Israel flag or raking in major pro-Israel dollars. But, to borrow from 1964 GOP presidential candidate Barry Goldwater, for an increasing swath of Democratic voters (and D.C. lawmakers), when it comes to standing up for the Palestinians and rejecting U.S. support for Israel, extremism is no vice and moderation is no virtue.
On the Republican side, U.S. Rep. Thomas Massie’s flameout in the GOP race for Kentucky’s 4th District suggests that while there may be a gathering storm of discontent over Israel, the main force that matters when it comes to the ballot box remains Donald J. Trump.
Massie tried his best to make his race a referendum on Israel and the influence of pro-Israel money, rather than Trump’s decision to go all in for challenger Ed Gallrein. It didn’t work.
“I’m walking to an airplane to rejoin the most expensive congressional race in U.S. history. It’s turned into a referendum on whether Israel gets to buy seats in Congress,” Massie said a few days before an election that saw record spending by groups both supportive and critical of the Jewish state. After Massie’s defeat, he quipped: “I would have come out sooner but I had to call my opponent to concede and it took a while to find Ed Gallrein in Tel Aviv.”
Despite such rhetoric, the biggest reason Massie will be leaving Congress in January is that Trump wanted him gone – in part over his criticism of the Iran war, but more generally over a range of issues that the Kentucky lawmaker has broken with Trump on. A string of other Republican primary results suggest that the first rule of GOP politics is: If Trump wants you out, you’re cooked – even without a dollar of pro-Israel money going to your opponent.
In his concession speech, Massie lamented that most GOP voters seem to want somebody who will “go along to get along.” But, he added, one group – young voters – stayed with him.
Unfortunately for Massie, the GOP for the time being belongs to Trump and his loyal followers, not the growing number of young conservatives who want an end to U.S. support for Israel. On the bright side for Massie and his fans, they already hold the power in at least one key area. As one popular pro-Trump conservative social media poster put it: “Don’t think of it as losing a Congressman. Think of it as gaining a podcaster.”
The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of JTA or its parent company, 70 Faces Media.
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