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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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Hen Mazzig, leading Israeli advocate, makes first Winnipeg appearance
By MYRON LOVE On Tuesday, October 6, a large number of members of our community packed the chapel at the Shaarey Zedek Synagogue, eager to welcome Hen Mazzig in his first appearance in our community.
Over the past few years, the Israeli-born Mazzig – who was appearing at the invitation of our Jewish Federation and Combined Jewish Appeal team – has become one of Israel’s and the Jewish people’s leading advocates on the international stage. His online platforms reach as many 100 million viewers a month with a regular following of almost 1 million. He has been interviewed by numerous leading media outlets and has given addresses at close to 500 universities in recent years.
Mazzig’s presentation in Winnipeg (which was funded by the Asper Family and the Asper Foundation) took the form of a question and answer format with Sarah Mali, the Director General of JFC-UIA (Jewish Federations-United Jewish Appeal) Canada in Israel, asking the questions.
Mali , who was visiting Winnipeg for the third time in the past three years, began by expressing how honoured she felt about having the opportunity to converse with Mazzig – referring to Jewish Federation of Winnipeg President Carrie Shenkarow’s comments regarding Mazzig’s “devotion to Israel and the Jewish people”, his “deep sense of purpose, moral clarity” and “willingness to enter some of the most difficult spaces and conversations.”
The first question that Mali posed to Mazzig was related to his visit to the Canadian Museum of Human Rights and its controversial and one-sided take on the longstanding and ongoing Israeli-Palestinian conflict. She referred to a comment that Mazzig had made on X the day after visiting the museum, in which he wrote that while he “has no problem with people learning about Palestinian history,” he wished that “Palestine Uprooted” didn’t “distort the regional events, including the displacement of 800,000 people just like my grandmother, Hela, who became a refugee when Iraq turned on its Jewish community” post-1948.
“History can only lead to reconciliation when it is told honestly,” he observed. “Otherwise, it is just fuelilng an agenda.”
What most disturbed him about the exhibit, Mazzig told his audience, is that it erased his own family’s history. Expanding upon his family’s roots, he noted that his father’s family came to Israel from Tunisia and his mother’s side from Iraq. He spoke in particular about his maternal grandmother, Hela, who left behind “a beautiful civilization” – Jews had been living and thriving in Iraq since before the Roman destruction of Jerusalem 2000 years ago – to a new land (Israel), where she had to learn a new language (Hebrew) and rebuild her life.
Mazzig added that his grandmother is his anchor in life and the inspiration for all that he has accomplished.
Mali asked Mazzig about his ability to empathize with Palestinians. It was difficult to do, he answered. He got to know Palestinians, he recalled, during the Covid epidemic when he was serving as a medic with the Israel Defense Force and found himself responsible for helping Palestinians through that difficult time and transporting sick Palestinians to Israeli hospitals.
“Even though I fight so hard for Israel,” he observed, it doesn’t mean that I can’t feel empathy for anyone else.”
Mali asked Mazzig how October 7, 2023, changed him.
“I chose not to become a victim,” he said, “but rather to engage more with the world, bear witness, share our stories and talk about genocide. While I was actively advocating for Israel before October 7, I have been much more in demand since. I have become a lot more visible.
”I have found that a lot of people support us,” he continued. “They see what is happening and are on our side.”
On the other hand, he added, a lot of people don’t know anything about Israel. “It is a matter of education,” he said. “I encourage people to go to Israel and talk to Israelis.”
Mali’s last question was what Mazzig means when he writes that “I promise to love being Jewish ten times more than anyone hates me for it.” What does it mean to him to love and find joy and happiness in being Jewish”, she added?
It means cherishing our rich history, Mazzig responded, enjoying Shabbat dinners with family and friends, celebrating all of our holidays and traditions.
“The Jewish People have been through so much over the past 2000 years,” he said. “Many people have tried to destroy us, but we have survived. We are arisen from the ashes numerous time and continued to move forward. Not only are we still here but we have returned as an independent people living again in our ancestral homeland.”
Also addressing the audience at the Shaarey Zedek was Steven Shulman, the president and CEO of the Jewish Federations of Canada. Shulman heaped much praise on our Jewish community in Winnipeg.
“Winnipeg is special,” he noted, “not just in Canada but worldwide. Your CJA campaign continues to be the most successful in North America. You have an outstanding CEO (of the Jewish Federation of Winnipeg) in Jeff Lieberman, who is universally respected.”
He further praised Gray Academy and our community’s highly successful GrowWinnipeg campaign – which has attracted thousands of new families to our community over the past 25 years.
He noted that he was particularly impressed with how our community has come together to protest the biased Nakba exhibit at the Canadian Museum for Human Rights.
He also spoke of the many supporters that we have among non-Jewish Canadians – singling out, as an example, the police officer in Belleville who put his own life on the line protecting the city’s only Jewish congregation from a terrorist attack during yom tov services.
The last word went to Jeff Lieberman, who thanked all the members of our community who have contributed to the CJA campaign this year, as well as our many non-Jewish friends who continue to stand with Israel and the Jewish community.
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They met on a Birthright trip then married. Now this American Israeli couple’s internet fame has turned to infamy.
Ethan and Hila Klein first met at Yad Vashem — Israel’s Holocaust museum — in 2007, a meet-cute they recounted, giggling, years later for their millions of YouTube followers.
“I think I went up to her and said something like, ‘They had it coming, don’t you think?’” said Ethan, known for his edgy humor and infamous internet trends, including Vape Nation and Papa Bless. “No I didn’t say that. I wonder if you would have laughed though.”
They were on a Birthright trip, Ethan an American and Hila an Israeli soldier on leave to join the group. Soon after the trip ended, Ethan moved to Israel to be with Hila, and the two began making videos under the name H3H3 Productions (the H for Hila and the 3 standing in as an E for Ethan). They married, moved to America, and started a popular podcast.
A Jewish love story, until Thursday, when Hila, now mother to their three children, accused Ethan publicly of having a months-long affair.
“The betrayal I feel is immeasurable,” Hila said in an Instagram post. “My only family on this side of the world. How do I even begin to make sense of this?”
Ethan reposted her statement.
Their podcast is run by a handful of crew members who often chime in and participate in various skits and bits. The crew also shared a statement saying they stand with Hila and refuse to work with Ethan, though they added they don’t know what this will mean for the future of the show.
A couple roiled by Oct. 7
The left-leaning, secular couple’s videos and podcasts focused primarily on pop culture, internet drama and general politics, not Jewish or Israeli issues.
Both Ethan and Hila would make statements sometimes when tensions in Israel flared, and they would occasionally speak out against IDF actions that upset them.
In 2021, Ethan started a podcast with political commenter Hasan Piker, a controversial left-wing influencer, called Leftovers, a nod to their leftist politics.
Then came Oct. 7.
Ethan, an American Israeli dual citizen like Hila, was horrified by the attacks but quick to call the IDF genocidal in the aftermath. In their first episode together after Oct. 7, Ethan and Piker said the show would continue through their disagreements. The episode was tense, and it was their last.
As Piker’s rhetoric on Israel intensified and became at times antisemitic, the two began a nasty internet feud, culminating in a nearly five-hour livestreamed debate.
Piker posted about the news of the affair on X, sharing a video of Ethan and expressing disgust for men who cheat.
“Now this is a high caliber man [with] good morals,” Piker said sarcastically. He also posted “Judge me by my enemies” after sharing Hila’s statement.
Hila, who owns a makeup and clothing company, increasingly came under scrutiny by Piker and others after Oct. 7 for her service in the IDF. Artists refused to work with her. One model she hired publicly disavowed her after finding out she was Israeli.
The couple was harassed, sometimes online, sometimes in-person, as they attempted to take what they viewed as a nuanced stance in the aftermath of Hamas’ attack on Israel and the ensuing war in Gaza. The united front seemed to fortify their relationship, as Ethan, ever outspoken, routinely came to his wife’s defense.
Their show lost thousands of subscribers, but loyal fans stuck with them — fans who now say they are gutted and confused by the news of the affair. Many in disbelief noted that Ethan had Hila’s face tattooed on his arm less than two years ago as a surprise for her.
“The greatest thing a man can do for his children is to love their mother,” says the quote surrounding the tattoo.
The Forward attempted to contact the Kleins through their work emails and did not immediately hear back.
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These Jewish college students have some ‘nonnegotiables’ for El-Sayed
At the University of Michigan, first-year student Robert Kashan, 18, and sophomore Jacob Reich, 19, sat behind a large blue sign. “Some things are nonnegotiable,” it declared in all caps.
The sign laid out their requirements for any candidate seeking their support: a commitment to Jewish safety, “including for Zionist Jews,” and supporting Jewish statehood in Israel, among other positions.
“Zionism is a legitimate part of the Democratic coalition, and a lot of us are feeling less represented by the Democratic Party,” Kashan told the Forward.
The students are part of a broader “Nonnegotiable” movement in Michigan, a coalition of Jewish Democrats who are spelling out their dealbreakers for candidates ahead of the Senate election between Democratic nominee Abdul El-Sayed and Republican nominee Mike Rogers.
The movement has attracted national attention, with hundreds of rabbis across 34 states signing on to the “Nonnegotiable” demands. Meanwhile, about 20 students at the University of Michigan have publicly signed, while hundreds more offered support anonymously, according to Reich.
The “Nonnegotiable” supporters aren’t saying whom they’ll vote for if their concerns aren’t addressed — or whether they’ll vote at all. But they are pushing back against the assumption that Jewish voters will, as the saying goes, “vote blue no matter who,” urging El-Sayed to engage with their demands if he hopes to earn their support.
That’s in contrast with two other Jewish political camps, including a group called Michigan Jews for Democracy that endorsed El-Sayed. Their petition, which has garnered almost 1,000 signatures, notes that some signatories hold reservations about El-Sayed but are voting for him nonetheless as a check on President Trump.
“We understand that a vote is not a valentine; it’s a strategic chess move,” the petition reads.
A competing petition, dubbed “Michigan Jews Against Extremism,” has drawn hundreds of signatures from Michigan Jews who plan to vote for Rogers. That petition similarly emphasizes that Rogers voters may still have reservations about the candidate: “Our vote for Mike Rogers does not require that we agree with him on every issue or that we support President Trump,” it reads.
“Nonnegotiable,” meanwhile, rejects the idea that Jewish voters would have to choose between Zionist and Democratic values. Some have criticized the nonnegotiable movement for ignoring the reality of the electoral choice at hand. Others have called it “a veiled attempt to excuse the actions of Jewish Democrats who want to feel validated about voting for Mike Rogers.”
But Kashan and Reich, who met at Hillel and plan to major in political science, said the “Nonnegotiable” movement was the only way they could see themselves engaging in the election, as they felt increasingly pulled between their identities as Democrats and as Jews.
Some Michigan Jews have expressed alarm at El-Sayed’s questioning of whether Israel should exist as a Jewish state and his decision to campaign alongside controversial Twitch streamer Hasan Piker, who has been accused of antisemitic rhetoric. Rogers, who Trump has endorsed, earlier this week called El-Sayed “anti-Jew.”
In a letter to Michigan Jews, El-Sayed has vowed to “stand up against antisemitism and take the threat of violence against our Jewish community incredibly seriously.” He has also hired a Jewish liaison in the final weeks leading up to the election.
This will be the first election when Kashan, who just turned 18, is eligible to vote, and Reich’s first national election after voting in a local primary in his hometown of Palo Alto, California. For both, voting Democratic in their first major election had once seemed like a given.
“I’m a Jewish Democrat, and I want Democrats to take the Senate,” Reich said. “I want to vote for a Democrat in my own state.”
They’re still holding out hope that will happen — and that, with less than two weeks until the Nov. 3 election, El-Sayed will sign on to their petition.
And if he doesn’t? Neither student is ready to say.
The post These Jewish college students have some ‘nonnegotiables’ for El-Sayed appeared first on The Forward.
