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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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How two advice columnists with the same name counseled, comforted and inspired millions of women
Though you probably know about “A Bintel Brief,” the Forward’s advice column that debuted 120 years ago, or the postwar advice columns of Esther and Pauline Friedman, better known as the authors of the advice columns “Ask Ann Landers” and “Dear Abby,” American readers might be less familiar with the work of “Les Deux Marcelles” who launched their careers as advice columnists on the other side of the Atlantic in postwar France.
They were Marcelle Auclair and Marcelle Ségal, two women whose advice columns counseled, encouraged and even emboldened countless women suddenly confronting an old world that was dying and a new world that was being born.
Unlike their American analogues, Auclair and Ségal were not related. The former grew up in Chile, where her father, an architect, assisted in rebuilding Valparaiso and Santiago after a massive 1906 earthquake. Auclair’s father encouraged her literary ambitions as she began publishing poetry and fiction. She returned to France in 1923, married author Jean Prévost and had three children. She continued publishing and moved into journalism. After noticing Auclair’s columns in the woman’s weekly Femme de France, publisher Jean Prouvost offered Marcelle a “woman’s page” in Paris-Soir (Paris Evening) in 1935 where she responded to letters asking for advice. Two years later she persuaded Prouvost to start a weekly woman’s magazine, Marie-Claire.
Like the Friedmans’ parents (and countless thousands of fellow Jews), Ségal’s mother and father fled Lithuania, then part of the Russian Empire, at the turn of the 20th century. They ended up in France, settling at first in Paris in a neighborhood near what was then the Place Daumesnil, nicknamed Domenilovka by the neighborhood’s large Russian-Jewish community. Their daughter did not start out as a journalist, but folded to family pressure and married a second cousin, the owner of a textile business with whom Ségal quickly had a daughter. Two terrible blows soon followed: In 1927, Ségal’s child died of meningitis and, shortly thereafter, her husband abandoned her.
Ségal struggled to support herself; she took in lodgers, and sold fashion house dresses to wealthy American tourists by knocking on hotel doors. She enrolled in secretarial training and landed a job at a bank where she earned enough to travel during her vacations. She began writing about her travels and eventually published her travel pieces in The Woman’s Journal, which then hired her as a regular correspondent. In 1939, she landed a job as editor and contributor at Marie-Claire shortly before the start of World War II. As the German army approached Paris in June 1940, Ségal joined the massive civilian exodus from Paris, eventually rejoining the editorial staff of Marie-Claire in Lyon.

After the Armistice of June 22, 1940, the magazine resumed publication from Lyon, and kept Ségal in spite of Vichy’s antisemitic law targeting Jews in the professions. In June 1941 Vichy passed a more severe antisemitic law extending the professional exclusion of Jews in the press beyond leadership roles; five months later, Ségal was fired. She went underground, editing and typing texts for the resistance. “About my resistance work, I prefer not to talk about it,” she wrote in her memoir. “I did too little, way too little, our group having been decimated.”
In the wake of France’s liberation in 1945, Ségal helped launch Elle magazine with two pre-war journalists and friends, Pierre and Hélène Gordon-Lazareff. As Elle sought to build its readership — a daunting challenge when most staples and goods, including paper, were still rationed in France — Hélene Gordon-Lazareff proposed that Elle solicit and respond to readers’ letters about such topics as beauty, fashion, home and love. Reluctantly, Ségal accepted, unhappy that she would be playing the “vulgar role of ridiculous auntie” — namely, an advice columnist. To her great surprise, her column became and remained a fixture in the lives of millions of French women for the next 40 years.
Like Auclair, Ségal served as a bridge to feminism, leading her readers to think for themselves, take control of their lives, and question social expectations damaging to their sense of self-worth. Rather than challenging readers — an approach that the great figure of French feminism, Simone de Beauvoir, sometimes adopts in her canonical work The Second Sex — Ségal was always conversational. She regularly downplayed the importance of physical appearance, questioned beauty standards, and insisted that whatever negative aspect a letter writer expressed about her appearance, the real problem was not how a woman looked but how she felt.
Ségal also warned against the quest for finding a husband. One writer whose boyfriend had recently broken up with her bemoaned, “I’m afraid I’ll never get married. What should I do to get married — quick quick?” “Why quick quick?” Ségal asked. “Take your time.” Similarly, she advised a young woman of 18 to resist her boyfriend’s pressure to drop out of school and marry him. Take time to live, Ségal urged, to experience life, finish her education, and establish her own career. “Take advantage of your youth,” she exhorted, and never “disregard your security and your independence.”
In her 1971 memoir, Moi aussi, j’étais seule (I Was Alone, Too). Segal, who never remarried, reassured her readers that her personal story was not one of failure, loneliness and pain. She decided to write about her single life, she explained, for all unmarried women. “Let’s go single women!” she wrote. “Get out of the house! Go for it! Don’t be afraid! Adventure Awaits!”
Such advice as “Living only for a man represents the number one cause of women’s pain,” seems positively quaint today. And yet, the reason it does so is partly due to Ségal’s trailblazing work. While she never rejected general assumptions about gender, marriage and family life, for 40 years Ségal encouraged women not to feel bound by traditional expectations. She responded to the women who wrote her with messages warning them against blindly following convention or fitting themselves into a standard mold. Ségal’s exhortation “Don’t be afraid!” is no less relevant today than it was during her own life.
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Ceasefire and political pressure test U.S.-Israel Iran war pact
Israel is now in a precarious position following President Donald Trump’s sudden declaration of a ceasefire in the Iran war, say experts on security and the Middle East.
On Tuesday evening, President Trump announced in a Truth Social post that he would declare a two-week pause to the war that began on February 28, just an hour and a half before his ultimatum to Iran was set to expire. He had demanded that Tehran reopen the Strait of Hormuz — which had been closed for weeks, choking global energy markets — or face a catastrophic military assault, warning that “a whole civilization will die tonight.”
The Pakistani Prime Minister, who had mediated between the U.S. and Iran, announced that the truce was “effective immediately” and would apply not only to the U.S. and Iran, but also to “their allies” — namely Israel and Lebanon, both of which had been involved in recent exchanges of fire.
But Israel had other ideas. Prime Minister Benjamin Netanyahu — while stating that the U.S. had coordinated with Israel before agreeing to the ceasefire — disputed the Pakistani claim that the ceasefire included Lebanon. Israel has continued to strike its northern neighbor hard in the wake of the announcement.
Netanyahu maintains the U.S. had assured him it would continue to press on issues critical to Israeli security — namely seeking to ensure that “Iran no longer poses a nuclear, missile and terror threat to America, Israel, Iran’s Arab neighbors and the world.” So far, Iran has resisted such demands.
Despite the ceasefire announcement, Iran struck Israel and Gulf countries well into the evening, and Israel, too, carried out several strikes in the immediate aftermath of the announcement.
Split support
The ceasefire has underscored growing differences between Washington and Jerusalem over both the conduct and goals of the war.
According to Jonathan Panikoff, the director of the Scowcroft Middle East Security Initiative at the Atlantic Council and a former U.S. intelligence official, Israeli and U.S. objectives were misaligned from the outset. Israel sought not only to degrade Iran’s military capabilities but also to pursue regime change.
For the U.S., “it was always less clear … the regime change question was always much more up in the air, and even on the nuclear program, you haven’t seen nearly as much effort against it in the same way as obviously happened during June,” said Panikoff, referring to the 12-Day-War during which the U.S. targeting Iranian nuclear infrastructure with unprecedented force.
Panikoff also said that coordination between Israel and the U.S. on the ceasefire agreement itself was somewhat dubious. “The U.S. almost certainly talked to Israel about the potential ceasefire, but it’s unlikely that Israel played a meaningful role in the decision,” said Panikoff, who believes Israel would have preferred to continue the war to “get through the remainder of the target list.”
Misaligned public opinion in the two countries regarding the war is likely driving the divergence. While the majority of Americans do not support the war, with 61% saying they do not approve of Trump’s handling of the conflict, Israeli support has remained broad across the political spectrum, even amid sustained missile attacks. For Israelis, confronting Iran is viewed as existential. “Iran is a fundamental thing. On the American side, it just is not the same threat,” Panikoff said.
According to Dana Stroul, the Director of Research at the Washington Institute and a former deputy assistant secretary of defense for the Middle East in the Pentagon, Israel’s actions in the immediate aftermath of the ceasefire reflect that gap. She noted that Israel carried out additional strikes in Iran, “which indicates that they still had more targets on their strike list that they wanted to work through, and they were willing to risk, for a brief moment in time, not complying with the ceasefire to do more.”
Stroul said the U.S.-Iran peace talks scheduled to take place on Friday in Islamabad have exposed further tensions. Disputes over whether Israeli operations in Lebanon should halt have already complicated talks between Washington and Tehran. “The Iranians are saying, ‘if Israel doesn’t stop in Lebanon, we won’t go to Islamabad.’”
As a result, she said, “the issue of Israeli behavior and Israeli military action will become a hinge of whether these negotiations proceed on the ceasefire.”
“Within less than 24 hours, the debate shifted from whether or not the parameters for the talks on Friday in Islamabad are acceptable for U.S. national security interests, to where Israel is within this framework,” said Stroul.
Stroul said that this could also create a moment of “peak vulnerability for Netanyahu,” who tied his political future to his alignment with Trump.
Israeli opposition leader Yair Lapid has already taken a swing at Netanyahu in a post on X, stating: “Netanyahu led us to a strategic collapse. There was here a disgraceful combination of arrogance, irresponsibility, negligent staff work, lies sold to the Americans that damaged the trust between the countries. A military success that turned into a diplomatic disaster.”
He added, “Israel had no influence whatsoever on the agreement signed tonight between the United States and Iran. Netanyahu turned us into a protectorate state that receives instructions over the phone on matters concerning the core of our national security.”
Finger-pointing at Israel
The ceasefire coincided with revelations published in the New York Times on internal White House deliberations as Trump weighed military intervention in Iran earlier this year. According to the Times, Netanyahu used a private meeting with Trump and key U.S. officials at White House to present a plan outlining how the U.S. and Israel could work together to bring down the Islamic Republic, including a montage featuring potential alternative leaders for Iran.
While the presentation appeared to have impressed Trump, the report indicates that the President did not completely buy Netanyahu’s argument that regime change was a viable outcome. Instead, he relied on U.S. intelligence assessments that concluded the U.S. had the capacity to decapitate Iran’s leadership and dismantle its military capabilities, but that hopes for regime change were “detached from reality.”
Based on those assessments, Trump moved forward with a strategy focused on more limited and easily achievable objectives, though working in lockstep with Israel.
The report is unlikely to quell criticism from those who argue that Israel pushed the U.S. toward confrontation with Iran at the expense of U.S. interests.
Panikoff warned of potentially broad political consequences for the longtime allies depending on the outcome of the peace talks and any future fighting. “If this war ends with Iran being in a stronger strategic position regionally.… I think you’re going to get a lot of Republicans, especially in the MAGA wing of the Republican Party, who are going to start to question how this relationship has gone forth. When you combine that with where the Democratic Party is and with Democratic bases right now, I think it portends some real future challenges for the U.S.-Israel relationship.”
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Why I interviewed Mahmoud Khalil
Since he was targeted for deportation by the Trump administration, Mahmoud Khalil has become both a celebrity among those who supported the campus protests against Israel and a villain for Jews who thought the demonstrations fueled antisemitism and sought Israel’s violent destruction.
While Khalil had addressed general allegations that the protests had created a hostile climate on campus in previous interviews — arguing that they may have made students uncomfortable but not unsafe — he had not spoken in detail about some of the most pressing questions for Jews who may have been alarmed by his arrest but were unsure about his actual beliefs.
What did a “free Palestine” — a core demand of the protesters — mean to Khalil?
What did he think about Oct. 7 and Hamas?
And how did he think the protest movement should relate to Jews who don’t share their views?
When a representative for Khalil reached out last month asking whether I wanted to interview him, it presented an opportunity to present his answers to these questions to the Forward’s audience.
I had no illusion that Khalil was going to assuage the concerns of every reader who believe he is antisemitic or otherwise misguided, but I saw my job as trying to understand where he was situated within a protest movement that is gaining political power and influence but remains more fractious than many people outside the movement are aware.
These divisions include divergent views over what the acceptable forms of Palestinian resistance are, what the ultimate objective of anti-Zionism should be, and how the movement should treat Americans — and especially American Jews — who disagree with it.
I know that such distinctions may not matter for those who think that any failure to recognize Israel’s right to maintain a Jewish majority, or opposition to Zionism, period, crosses a red line.
But even those who find anti-Zionism unacceptable may appreciate the opportunity to grapple with how and why a growing number of Americans, including Jews, are turning away from support for Israel in the wake of the wars in Gaza and now Iran. The question of who is going to harness that political sentiment and what they plan to do with it is becoming more important.
I wanted to know where Khalil stood on looming questions.
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His answers, corroborated through conversations with others who knew and worked with him during the encampments at Columbia as well as his past public statements, were revealing.
Overall, they situated Khalil as a leader of the more conciliatory wing of the protest movement when it came to how it should engage with Israel’s supporters. He has read about and seriously engaged with liberal Zionism, and expressed sympathy for Jews who support Israel; he said Hamas was not a true representative of the Palestinian people, and that it was unacceptable for them to target and kidnap Israeli civilians; and he said that Israeli Jews should remain in a “free Palestine” with full rights.
He supported the statement from protest leaders that condemned a Columbia student who had said “Zionists don’t have a right to live,” opposed the ultimately violent takeover of Hamilton Hall and avoided the slogan “globalize the intifada.”
But his answers also underscored the gulf between even the more moderate protesters and the position of many liberal American Jews, who believe Israel committed war crimes or genocide in Gaza but remain horrified by the atrocities committed by Hamas on Oct. 7 and think that a two-state solution is the only way to preserve Jewish safety while respecting Palestinian rights.
Khalil wanted to assuage Jewish fears that he believed were at least partly responsible for the appeal of Zionism, and yet he did not acknowledge the full extent of violence on Oct. 7 — that Palestinian militants intentionally killed Israeli civilians — which perfectly epitomized a major source of these fears.
Whatever you may think of Khalil or his political views, I’m glad that the Forward can serve as a forum for people both inside and outside the Jewish community to speak with American Jews and I hope you’re able to learn something about Khalil and the movement he helped lead from our conversation.
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